Refund on New Car

DonClark

Hi, I've just received a new VW Id3 from a dealer in Kent. The vehicle arrived damaged, it has a dent in the drivers door and the paintwork is damaged . I have rejected the car and asked for a refund under the 2015 Consumer Rights Act 2015 as it is not of satisfactory quality. The dealer has accepted that it did arrive damaged but is rejecting my claim for a refund because he says that because I ordered some standard VW factory options ( Derry Alloy wheels , Bike rack preparation and floor mats ) .He has offered to have the vehicle repaired which I do not want.

He claimes that the vehicle is now Unique and Bespoke as I have personalised it and has referred to the 2013 Consumer Protection regulations Part 3 section 28b. Limits of Application : Circumstances including cancellation. " The supply of goods made to the consumers specification or are clearly personalised"

I find this very difficult to believe as I would think that the majority of vehicles ordered from the factories are ordered with some options, so do all of those people use their rights to reject the vehicle and ask for a refund if it arrives damaged.

There is no mention of this in there order form nor was I advised of this when I ordered the vehicle from them.

Has anyone experience of this situation ?

Aylesbury_Duck

When it comes to other products, personalising is categorised as something genuinely bespoke, e.g. having one's initials embroidered into something, or having a unique size made or altered. Picking options/colours/sizes, etc from a drop-down list is not considered personalisation.

If that holds for vehicles, you have the right to reject the car.

tightauldgit

It seems to be commonly accepted that choosing from a list of optional extras is not personalisation so I don't think their excuse holds water.

Manxman_in_exile

@DonClark - unless this is a distance sale it's irrelevant what options you ordered. Did you order it without visiting a showroom at all?

Even if it was a distance sale, choosing options from a standard selection offered by the manufacturer is NOT personalising the vehicle or having it made to your specifications.

Anyway, assuming it was NOT a distance sale, then if the car is delivered to you damaged you have the short-term right to reject the vehicle for a full refund (no questions) within 30 days of delivery.

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6443861/refund-on-new-car

Was the car ordered fully remotely and delivered to you? CCR (Consumer Contract Regulations) may apply.

I agree with @Aylesbury_Duck that simply selecting standard options from the brochure does not constitute bespoke.

https://www.pinsentmasons.com/out-law/news/bespoke-goods-consumer-rights-require-retailer-review

"To fall within the cooling off period exemption, a product needs to be so specific to a particular customer’s needs there is no market for it once the customer has cancelled the contract,"

"retailers that allow consumers to select options, like colour or fabrics in the context of furniture, from a standard range will not be said to be offering bespoke goods for sale for the purposes of UK consumer law"

It is quite perplexing to work out what actually happened here and why the car was presented to the OP for delivery with a dented door.

Was there ever a PDI carried out on the car?

Why didn't the Dealer remedy before supply?

Was this driven delivery and the delivery driver dented the car en-route? Again, you'd have thought the procedure would be to abort the delivery.

The Dealer probably has a waiting list of people keen to buy the car, so you wonder why such a resistance is being put up against the rejection.

tightauldgit

https://forums.moneysavingexpert.com/discussion/comment/80027353#Comment_80027353

Yes actually that's a good point. Personalisation only applies to the short term right to cancel, doesn't it? If the item arrives faulty (even if it was painted with your name and face on the side) then you can still reject it.

the_lunatic_is_in_my_head

OP it's very simple 🙂 Tell the dealer you are exercising the short term right to reject the vehicle as it does not conform to the contract, they misunderstand the law and the any specification to the vehicle is academic as the Consumer Rights Act does not class it as a consideration when the goods do not conform.

Do you have any finance on the car?

Manxman_in_exile

https://forums.moneysavingexpert.com/discussion/comment/80027380#Comment_80027380

Of course you're right! Even if it was a distance sale (and I'd be surprised if it was although it's possible) then the personalisation exception would be irrelevant if the van was faulty or damaged when delivered.

The OP could still exercise short-term right to reject

cymruchris

I would imagine that with it repaired, with the current waiting times, they'd not have much trouble selling it again even with 'options' ticked, so not sure why they're rejecting your claim for a refund. They know it's arrived damaged, you know it's arrived damaged - better for your customer service to agree to the refund, repair it, and get it sold. I'm aware that quite a number of cars do get damaged in transit, but mostly dealers have repaired them before you as the customer get to see them. Legally though, as above, I'm fairly confident you're fully entitled to reject and get your refund.

DonClark

Hi, sorry I didn't make that clear. The damage was not there when the dealer received it from VW the damage was caused while in the hands of the dealer .

Thanks

cymruchris

https://forums.moneysavingexpert.com/discussion/comment/80027609#Comment_80027609

This was before you actually took possession of the car though?

Whether it was damaged in transit - or damaged by the dealer - if the handover hadn't happened - your rights should be exactly the same.