what options for potentially unrepairable car still under manufacturers warranty?

mtm81

Long story short (which I'll happily expand upon if needed) - Bought a second hand car from a main dealer (dealership under the same brand as the car).  Car still well inside manufacturer warranty. Car bought on a PCP finance deal 4.6% Apr.

There is a known faulty part on this particular car for which there is a worldwide recall.  The recall was issued on Dec 16th (ish) - however the actual recall in this country is currently on hold, with a potential target date for cars being June 24.  This is due to lack of parts as the recall is happening in ernest in other parts of the world plus difficulties in getting those parts into this country. (I've been told this is due to containing Russian parts - although I'm led to believe this isn't strictly true)

My car, although would be due it's change under the recall - actually failed over Xmas - making it un-driveable.  Therefore I'm waiting on parts for a repair not the recall.

Before the recall was issued for the cars, others had failed and been repaired previously, therefore I know that those parts do get into this country before this recall seemed to put a hold on all of that.

Having had to fight my local dealer tooth and nail to even attempt to order the parts - I've been told by the main Cust Relations for the brand, that there is this delay on parts.

Considering I only bought the car in June last year, and it failed on Boxing Day - to then be expected to wait until June this year for a repair seems unreasonable to me.

My question is - how long is a 'reasonable' if there is such a thing that I am expected to wait for a repair?  I understand the law regarding rejecting a car and giving the garage a chance to repair it once - but I'm stuck before that point.

I love the car and would love to have it back fixed and to be fair, the brand have provided me with a rental, but it cannot be reasonable to paying the finance on a car I cannot drive  - can it?

Can anyone advise on what options I have? and what should I be expected to 'put up with' etc?

Many thanks for any replies!

Alderbank

As far as the car goes you have two options, the warranty and your statutory rights.

The dealership is trying to get the parts and has given you a 'rental'. Under CRA2015 they have to fix your own car within a reasonable time, having regard to all the circumstances, or offer a refund. Unless the rental is significantly below your car eg. you need a 7 seater but they have given you a 4 seater, I think they are within reason at present. I don't think they will continue funding that rental until June.

What are the terms of your warranty? They might be better than your statutory rights, eg they might give you a new car if the repair cannot be done within a certain time.

The finance is separate. Essentially you have borrowed an amount of money which has gone to purchase the car and you need to service that loan. Sometimes the lender can put pressure on the dealer but in this case the dealer seems to be doing all they can.

km1500

one option - and I am happy for others to contradict me - is that you ask for a refund and send the car back

they would be entitled to make a deduction for the usage you have already had

because you got the car on finance they are equally liable with the garage and you could also go to them and demand a refund

CardinalWolsey

If you're currently happy with the loan car, continue as you are - yes you still have to pay your PCP, but you're not currently putting any miles on it, so it won't be depreciating further as quickly as you might have expected, leaving you with greater equity in it at the end of the PCP term.

powerful_Rogue

mtm81 said:

Long story short (which I'll happily expand upon if needed) - Bought a second hand car from a main dealer (dealership under the same brand as the car).  Car still well inside manufacturer warranty. Car bought on a PCP finance deal 4.6% Apr.

There is a known faulty part on this particular car for which there is a worldwide recall.  The recall was issued on Dec 16th (ish) - however the actual recall in this country is currently on hold, with a potential target date for cars being June 24.  This is due to lack of parts as the recall is happening in ernest in other parts of the world plus difficulties in getting those parts into this country. (I've been told this is due to containing Russian parts - although I'm led to believe this isn't strictly true)

My car, although would be due it's change under the recall - actually failed over Xmas - making it un-driveable.  Therefore I'm waiting on parts for a repair not the recall.

Before the recall was issued for the cars, others had failed and been repaired previously, therefore I know that those parts do get into this country before this recall seemed to put a hold on all of that.

Having had to fight my local dealer tooth and nail to even attempt to order the parts - I've been told by the main Cust Relations for the brand, that there is this delay on parts.

Considering I only bought the car in June last year, and it failed on Boxing Day - to then be expected to wait until June this year for a repair seems unreasonable to me.

My question is - how long is a 'reasonable' if there is such a thing that I am expected to wait for a repair?  I understand the law regarding rejecting a car and giving the garage a chance to repair it once - but I'm stuck before that point.

I love the car and would love to have it back fixed and to be fair, the brand have provided me with a rental, but it cannot be reasonable to paying the finance on a car I cannot drive  - can it?

Can anyone advise on what options I have? and what should I be expected to 'put up with' etc?

Many thanks for any replies!

If they haven't got the parts, then they can't repair it.

So you either carry on with the rental car until the parts come in or ask for a refund with your use deducted.

What do you want?

born_again

Ford Kuga PHEV took well over a year to sort a issue of not being able to charge battery up at a charging point. Due to some catching fire (not the batteries fault)
Kia Sportage had delays of nearly a year to get parts to fix faulty drive belt tensioner issue (3rd attempt at fix) which was over a couple of years. Many of the delays required a new engine as belt ceased & engine munched itself.

What they really mean is due to Russia invading Ukraine, who were one of the largest part manufacturing countries. Parts are a lot harder to get produced.
Rather than having Russian parts in.