Rejecting new car due to dealer misfuel

99iainb

Yes, a mate of mine linked me to that news story a while back also... as in any fuel contamination case many people are effected normally within a mile or so of where they've filled up... not as in my case 1 person 250 miles down the road, but we all know the fuel is not contaminated.

I conducted my own "burn test" yesterday on the fuel sample I have and as expected it went up like a bloody bonfire! and I nearly burnt the shed down trying to put it out 

Yesterday I very nearly had a complete nervous breakdown, I tried to contact Trading Standards to see what the case that the selling dealer had opened was all about, unable to find anyway of contacting them it was suggested I contact Citizens Advice... bad move, they've left me more confused than ever. They're telling me to reject my car to the manufacturer and not the selling dealer and also get Hyundai Finance involved, even though everything I've read on the web says to reject it to the dealer. Also I paid my Finance of shortly after taking the car so I'm not sure if their involvement ended there. Rightly or wrongly I paid it off so I was the owner of the vehicle and not the keeper. Either way I suspect I would have been fobbed of and lied to as I have been by everybody else at Hyundai. Citizens advice also mentioned section 75 credit card, which I shall investigate on Monday. 

In a last ditch effort to resolve the misdiagnosis of the fault with the repairing dealer I hand delivered the Letter Before Action to them yesterday afternoon and instead of just dropping the letter off and doing a runner I waited to speak to somebody to see if a remedy could be agreed and as I predicted a number of posts ago they are now saying that it was water contamination that caused the car to fail, he had the audacity to print the fuel analysis report off that I had paid for to show me 0.29% water contamination. I told him that was irrelevant and you can't just change your story now to say water instead of diesel. I told him he needed to refund me my money, he said he couldn't make that decision so I said well get somebody out here who can, he called the company's Customer Relationship Manager and said a decision would be made by the close of business today (Saturday).

Early this morning I received an email from her stating "REDACTED" attached to the email was a pdf entitled evidence, this contained my fuel analysis report. I told her if she wanted to use that report as evidence they could pay me for it, it is not theirs and to delete it from their systems! They are not mentioning diesel at all now! I've asked them to supply me with a report showing their original diagnosis... I won't hold my breath! I knew car dealers are a dodgy bunch but even I am staggered at the lengths they'll go to, to evade responsibility. I don't know why they're going to the lengths they are to fight this with absolutely no evidence.

While I was at the repairing dealer yesterday they also said that there is nothing on the Hyundai system to show a miss-fuel, and therefore an invalidated warranty even though Hyundai UK have told me my warranty is invalidated. Though I wouldn't trust a word they say, any of them!

So on Monday, I will be delivering my Letter Before Action. I need to find out officially what the warranty status is on my car as if it's still in tact I'm inclined to keep it and just seek the repair bill back... it's causing me too much stress and upset now. If there's no warranty I'll continue with my rejection, I'm just not sure who with now.

Unfortunately I did not have motor legal protection on my car insurance, big mistake! But I did have legal protection on my house insurance at the time of the incident and although it doesn't specifically cover cars they have given me some free legal advice and when it was thought to be a diesel miss-fuel said they may take the case if there is a greater than 51% chance of success upon evaluation. Now I have a fuel analysis showing no diesel present, only a trace of water, which if you search around the web everybody says is not enough to fail an engine... "A small amount of water is actually normal in most fuel tanks – most petrol has a small amount of water dissolved into it (usually less than 0.5%) and amounts this small don’t really cause any issues.", hopefully they'll be more inclined to support me... again I won't hold my breath

99iainb

sevenhills said:

[Deleted User] said:

Sadly it looks like legal action is your only option at this point.

What reason is the car dealer not accepting responsibility for the repair, since a misfuel seems to have been ruled out?

They're still saying fuel contamination, they've just changed their minds from diesel to water now they've seen my fuel analysis

Stubod

....hmmmm...very sharp practice on behalf of Hyundai. I wish you well, and hope you get the result you so richly deserve, please publisize on as many websites as you can....

99iainb

Reading back thorough the comments on this thread, there's been some really helpful posts and advice. It'll certainly help me prepare my case. 

Thank you to everybody that has taken an interest and offered advice 

photome

The way Hyundai/ the dealers are treating you is beyond belief and it needs shouting from the rooftops .  They deserve to lose custom , good luck

99iainb

Just found this on my fuel analysis report upon re-reading:

"It should be noted that the sampling technique, storage conditions and duration, and time of transportation to the laboratory are outside our control. If both aseptic methods of sampling and sterile equipment have not been used, then the validity of the results can be compromised."

Hopefully I should be able to use this to counter any allegation of water contamination. I suspect the fuel was drained out of my vehicle into a container and left lying around for some days. I have asked the dealer to supply me with a report of the aseptic methods of sampling and sterile equipment that have been used to gain the sample of the fuel that was sent off for analysis

Alfrescodave

It is well documented that the ethanol in Unleaded fuel has an affinity to absorb water which can later cause the water to separate - further support for your questioning the sampling and later storage of the "contaminated" fuel sample

born_again

99iainb said:

Yes, a mate of mine linked me to that news story a while back also... as in any fuel contamination case many people are effected normally within a mile or so of where they've filled up... not as in my case 1 person 250 miles down the road, but we all know the fuel is not contaminated.

I conducted my own "burn test" yesterday on the fuel sample I have and as expected it went up like a bloody bonfire! and I nearly burnt the shed down trying to put it out 

Yesterday I very nearly had a complete nervous breakdown, I tried to contact Trading Standards to see what the case that the selling dealer had opened was all about, unable to find anyway of contacting them it was suggested I contact Citizens Advice... bad move, they've left me more confused than ever. They're telling me to reject my car to the manufacturer and not the selling dealer and also get Hyundai Finance involved, even though everything I've read on the web says to reject it to the dealer. Also I paid my Finance of shortly after taking the car so I'm not sure if their involvement ended there. Rightly or wrongly I paid it off so I was the owner of the vehicle and not the keeper. Either way I suspect I would have been fobbed of and lied to as I have been by everybody else at Hyundai. Citizens advice also mentioned section 75 credit card, which I shall investigate on Monday. 

In a last ditch effort to resolve the misdiagnosis of the fault with the repairing dealer I hand delivered the Letter Before Action to them yesterday afternoon and instead of just dropping the letter off and doing a runner I waited to speak to somebody to see if a remedy could be agreed and as I predicted a number of posts ago they are now saying that it was water contamination that caused the car to fail, he had the audacity to print the fuel analysis report off that I had paid for to show me 0.29% water contamination. I told him that was irrelevant and you can't just change your story now to say water instead of diesel. I told him he needed to refund me my money, he said he couldn't make that decision so I said well get somebody out here who can, he called the company's Customer Relationship Manager and said a decision would be made by the close of business today (Saturday).

Early this morning I received an email from her stating "As discussed during our investigations, a fuel sample was obtained from the vehicle that was analysed to find that the tank was contaminated with water" attached to the email was a pdf entitled evidence, this contained my fuel analysis report. I told her if she wanted to use that report as evidence they could pay me for it, it is not theirs and to delete it from their systems! They are not mentioning diesel at all now! I've asked them to supply me with a report showing their original diagnosis... I won't hold my breath! I knew car dealers are a dodgy bunch but even I am staggered at the lengths they'll go to, to evade responsibility. I don't know why they're going to the lengths they are to fight this with absolutely no evidence.

While I was at the repairing dealer yesterday they also said that there is nothing on the Hyundai system to show a miss-fuel, and therefore an invalidated warranty even though Hyundai UK have told me my warranty is invalidated. Though I wouldn't trust a word they say, any of them!

So on Monday, I will be delivering my Letter Before Action. I need to find out officially what the warranty status is on my car as if it's still in tact I'm inclined to keep it and just seek the repair bill back... it's causing me too much stress and upset now. If there's no warranty I'll continue with my rejection, I'm just not sure who with now.

Unfortunately I did not have motor legal protection on my car insurance, big mistake! But I did have legal protection on my house insurance at the time of the incident and although it doesn't specifically cover cars they have given me some free legal advice and when it was thought to be a diesel miss-fuel said they may take the case if there is a greater than 51% chance of success upon evaluation. Now I have a fuel analysis showing no diesel present, only a trace of water, which if you search around the web everybody says is not enough to fail an engine... "A small amount of water is actually normal in most fuel tanks – most petrol has a small amount of water dissolved into it (usually less than 0.5%) and amounts this small don’t really cause any issues.", hopefully they'll be more inclined to support me... again I won't hold my breath

I don't think you mentioned finance before as that would have got different advice. As they are jointly and severally liable for the purchase. 
Talk to them ASAP (today)
If deposit was on CC that is another S75 option, but as car was bought on finance take that route 1st.

99iainb

born_again said:

99iainb said:

Yes, a mate of mine linked me to that news story a while back also... as in any fuel contamination case many people are effected normally within a mile or so of where they've filled up... not as in my case 1 person 250 miles down the road, but we all know the fuel is not contaminated.

I conducted my own "burn test" yesterday on the fuel sample I have and as expected it went up like a bloody bonfire! and I nearly burnt the shed down trying to put it out 

Yesterday I very nearly had a complete nervous breakdown, I tried to contact Trading Standards to see what the case that the selling dealer had opened was all about, unable to find anyway of contacting them it was suggested I contact Citizens Advice... bad move, they've left me more confused than ever. They're telling me to reject my car to the manufacturer and not the selling dealer and also get Hyundai Finance involved, even though everything I've read on the web says to reject it to the dealer. Also I paid my Finance of shortly after taking the car so I'm not sure if their involvement ended there. Rightly or wrongly I paid it off so I was the owner of the vehicle and not the keeper. Either way I suspect I would have been fobbed of and lied to as I have been by everybody else at Hyundai. Citizens advice also mentioned section 75 credit card, which I shall investigate on Monday. 

In a last ditch effort to resolve the misdiagnosis of the fault with the repairing dealer I hand delivered the Letter Before Action to them yesterday afternoon and instead of just dropping the letter off and doing a runner I waited to speak to somebody to see if a remedy could be agreed and as I predicted a number of posts ago they are now saying that it was water contamination that caused the car to fail, he had the audacity to print the fuel analysis report off that I had paid for to show me 0.29% water contamination. I told him that was irrelevant and you can't just change your story now to say water instead of diesel. I told him he needed to refund me my money, he said he couldn't make that decision so I said well get somebody out here who can, he called the company's Customer Relationship Manager and said a decision would be made by the close of business today (Saturday).

Early this morning I received an email from her stating "As discussed during our investigations, a fuel sample was obtained from the vehicle that was analysed to find that the tank was contaminated with water" attached to the email was a pdf entitled evidence, this contained my fuel analysis report. I told her if she wanted to use that report as evidence they could pay me for it, it is not theirs and to delete it from their systems! They are not mentioning diesel at all now! I've asked them to supply me with a report showing their original diagnosis... I won't hold my breath! I knew car dealers are a dodgy bunch but even I am staggered at the lengths they'll go to, to evade responsibility. I don't know why they're going to the lengths they are to fight this with absolutely no evidence.

While I was at the repairing dealer yesterday they also said that there is nothing on the Hyundai system to show a miss-fuel, and therefore an invalidated warranty even though Hyundai UK have told me my warranty is invalidated. Though I wouldn't trust a word they say, any of them!

So on Monday, I will be delivering my Letter Before Action. I need to find out officially what the warranty status is on my car as if it's still in tact I'm inclined to keep it and just seek the repair bill back... it's causing me too much stress and upset now. If there's no warranty I'll continue with my rejection, I'm just not sure who with now.

Unfortunately I did not have motor legal protection on my car insurance, big mistake! But I did have legal protection on my house insurance at the time of the incident and although it doesn't specifically cover cars they have given me some free legal advice and when it was thought to be a diesel miss-fuel said they may take the case if there is a greater than 51% chance of success upon evaluation. Now I have a fuel analysis showing no diesel present, only a trace of water, which if you search around the web everybody says is not enough to fail an engine... "A small amount of water is actually normal in most fuel tanks – most petrol has a small amount of water dissolved into it (usually less than 0.5%) and amounts this small don’t really cause any issues.", hopefully they'll be more inclined to support me... again I won't hold my breath

I don't think you mentioned finance before as that would have got different advice. As they are jointly and severally liable for the purchase. 
Talk to them ASAP (today)
If deposit was on CC that is another S75 option, but as car was bought on finance take that route 1st.

Yes, Hyundai Finance are next on my list of people to call, I did pay the finance off a week after it broke down, don't know if that effects things, I'll find out I suppose when i call them. 

I didn't pay the deposit on CC, paid by DC. I did pay for the repair on CC though.

I suspect that until this misfuel issue is sorted out everybody is going to point to that. We'll see

99iainb

I've contacted Hyundai Finance this afternoon and started a complaint procedure with them, they've started a case and are going to contact me within 5 working days. At least they didn't shut me right down straight away.

I'm also going to start a section 75 claim with my credit card provider tomorrow as I paid for the repairs using my CC. I'm also going to try and get my money back for the holiday that we weren't able to attend due to the car breaking down on the way.

'Cry 'Havoc! ' and let slip the dogs of war!