Taking dealership to Fast Track court

sweaty_doughnut

I putchased brand new Hyundai for £27500 In November 2024. I reported a quality issue with the gearbox and random engine stalling (video evidenced) within the first 14 days. I rejected& the vehicle on 26th day after purchase.

I agreed with the dealership for the local branch to inspect the car who claimed that the car has no issues. Unconvinced I hired Automotive Consultat Engineer who was able to replicate only part of the issue with the gearbox and put down in a report that there is slight crunchiness and that this is due to the synchron issue.

Hyundai UK came back wanting another inspection which I rejected due to bias and I started the rejection via the Motor Ombudsman who marked the case as complex (in February 2025). In the meantime the car started exhibiting more of engine issues (I now have 5 video clips of the problem).

3 weeks ago I reached out to Hyundai UK to agree to their inspection and asking them if they claim the car is fine to put it in writing so I can sell the car without having to report any of the issues.

During test drive Hyundai didnt want me to be in the car but after back and forth argument they agreed but wanted me to leave during diagnostic test (at the parking lot). They obviously want to manipulate the report which I have'nt received yet but was told on the day that the car has no issues. I also offered them to buy back the car for £26000 just to get rid of it.

I am now planning to take the dealership to Fast Track court to claim £25k back (to avoid intermmediate track) without legal representation as from my understanding short term right to reject under CRA 2015 provides quite good protection and having 5 videos of the issue along with an independent report for the gearbox should give me good chances of winning. I am under impression that Motor Ombudsman doesn't make decissions easily when they are not in dealership's favour (unless the car goes back to the dealership a towing truck when it is much harder to claim that there is no issue).

Thoughts? Did anyone go through similar thing?

MattMattMattUK

sweaty_doughnut said:

I putchased brand new Hyundai for £27500 In November 2024. I reported a quality issue with the gearbox and random engine stalling (video evidenced) within the first 14 days. I rejected& the vehicle on 26th day after purchase.

I agreed with the dealership for the local branch to inspect the car who claimed that the car has no issues. Unconvinced I hired Automotive Consultat Engineer who was able to replicate only part of the issue with the gearbox and put down in a report that there is slight crunchiness and that this is due to the synchron issue.

Hyundai UK came back wanting another inspection which I rejected due to bias and I started the rejection via the Motor Ombudsman who marked the case as complex (in February 2025). In the meantime the car started exhibiting more of engine issues (I now have 5 video clips of the problem).

3 weeks ago I reached out to Hyundai UK to agree to their inspection and asking them if they claim the car is fine to put it in writing so I can sell the car without having to report any of the issues.

During test drive Hyundai didnt want me to be in the car but after back and forth argument they agreed but wanted me to leave during diagnostic test (at the parking lot). They obviously want to manipulate the report which I have'nt received yet but was told on the day that the car has no issues. I also offered them to buy back the car for £26000 just to get rid of it.

I am now planning to take the dealership to Fast Track court to claim £25k back (to avoid intermmediate track) without legal representation as from my understanding short term right to reject under CRA 2015 provides quite good protection and having 5 videos of the issue along with an independent report for the gearbox should give me good chances of winning. I am under impression that Motor Ombudsman doesn't make decissions easily when they are not in dealership's favour (unless the car goes back to the dealership a towing truck when it is much harder to claim that there is no issue).

Thoughts? Did anyone go through similar thing?

The dealer can and probably will ask for the track to be changed due to the potentially complex nature of the case, the court may or may not allow that.

Is the dealership a main dealer franchise, a wholly owned dealership or independent?

pinkshoes

sweaty_doughnut said:

I putchased brand new Hyundai for £27500 In November 2024. I reported a quality issue with the gearbox and random engine stalling (video evidenced) within the first 14 days. I rejected& the vehicle on 26th day after purchase.

I agreed with the dealership for the local branch to inspect the car who claimed that the car has no issues. Unconvinced I hired Automotive Consultat Engineer who was able to replicate only part of the issue with the gearbox and put down in a report that there is slight crunchiness and that this is due to the synchron issue.

Hyundai UK came back wanting another inspection which I rejected due to bias and I started the rejection via the Motor Ombudsman who marked the case as complex (in February 2025). In the meantime the car started exhibiting more of engine issues (I now have 5 video clips of the problem).

3 weeks ago I reached out to Hyundai UK to agree to their inspection and asking them if they claim the car is fine to put it in writing so I can sell the car without having to report any of the issues.

During test drive Hyundai didnt want me to be in the car but after back and forth argument they agreed but wanted me to leave during diagnostic test (at the parking lot). They obviously want to manipulate the report which I have'nt received yet but was told on the day that the car has no issues. I also offered them to buy back the car for £26000 just to get rid of it.

I am now planning to take the dealership to Fast Track court to claim £25k back (to avoid intermmediate track) without legal representation as from my understanding short term right to reject under CRA 2015 provides quite good protection and having 5 videos of the issue along with an independent report for the gearbox should give me good chances of winning. I am under impression that Motor Ombudsman doesn't make decissions easily when they are not in dealership's favour (unless the car goes back to the dealership a towing truck when it is much harder to claim that there is no issue).

Thoughts? Did anyone go through similar thing?

If you rejected the car you should have stopped driving it.

How many miles have you done in the car during the 14 month ownership? Are you still driving it?

Ayr_Rage

You haven't rejected the vehicle, if you had, on day 26 you should've returned the vehicle to the dealer and given them the keys.

Be prepared for a long fight.

sweaty_doughnut

MattMattMattUK said:

sweaty_doughnut said:

I putchased brand new Hyundai for £27500 In November 2024. I reported a quality issue with the gearbox and random engine stalling (video evidenced) within the first 14 days. I rejected& the vehicle on 26th day after purchase.

I agreed with the dealership for the local branch to inspect the car who claimed that the car has no issues. Unconvinced I hired Automotive Consultat Engineer who was able to replicate only part of the issue with the gearbox and put down in a report that there is slight crunchiness and that this is due to the synchron issue.

Hyundai UK came back wanting another inspection which I rejected due to bias and I started the rejection via the Motor Ombudsman who marked the case as complex (in February 2025). In the meantime the car started exhibiting more of engine issues (I now have 5 video clips of the problem).

3 weeks ago I reached out to Hyundai UK to agree to their inspection and asking them if they claim the car is fine to put it in writing so I can sell the car without having to report any of the issues.

During test drive Hyundai didnt want me to be in the car but after back and forth argument they agreed but wanted me to leave during diagnostic test (at the parking lot). They obviously want to manipulate the report which I have'nt received yet but was told on the day that the car has no issues. I also offered them to buy back the car for £26000 just to get rid of it.

I am now planning to take the dealership to Fast Track court to claim £25k back (to avoid intermmediate track) without legal representation as from my understanding short term right to reject under CRA 2015 provides quite good protection and having 5 videos of the issue along with an independent report for the gearbox should give me good chances of winning. I am under impression that Motor Ombudsman doesn't make decissions easily when they are not in dealership's favour (unless the car goes back to the dealership a towing truck when it is much harder to claim that there is no issue).

Thoughts? Did anyone go through similar thing?

The dealer can and probably will ask for the track to be changed due to the potentially complex nature of the case, the court may or may not allow that.

Is the dealership a main dealer franchise, a wholly owned dealership or independent?

It's a main dealer franchise. I thought I have clear cut case with the evidence...

sweaty_doughnut

Ayr_Rage said:

You haven't rejected the vehicle, if you had, on day 26 you should've returned the vehicle to the dealer and given them the keys.

Be prepared for a long fight.

I was told it doesn't work this way, that you can't just drop the keys, they have to accept it back, am I wrong?

Aylesbury_Duck

sweaty_doughnut said:

Ayr_Rage said:

You haven't rejected the vehicle, if you had, on day 26 you should've returned the vehicle to the dealer and given them the keys.

Be prepared for a long fight.

I was told it doesn't work this way, that you can't just drop the keys, they have to accept it back, am I wrong?

But they've "accepted" it at least twice as far as I can tell from your account.  Why didn't you simply leave it with them on one of those occasions?  I can't see you can claim to have rejected it while you're still driving it around.

powerful_Rogue

pinkshoes said:

How many miles have you done in the car during the 14 month ownership? Are you still driving it?

This is the important question.

sweaty_doughnut

powerful_Rogue said:

pinkshoes said:

How many miles have you done in the car during the 14 month ownership? Are you still driving it?

This is the important question.

It's 5 months and only essential travel (3500 miles) as I have had a baby born at 28 weeks. I told them that I have to use it under protest until they take it back as I couldn't work on arranging another car when I was in NICU most of the time.

sweaty_doughnut

Aylesbury_Duck said:

sweaty_doughnut said:

Ayr_Rage said:

You haven't rejected the vehicle, if you had, on day 26 you should've returned the vehicle to the dealer and given them the keys.

Be prepared for a long fight.

I was told it doesn't work this way, that you can't just drop the keys, they have to accept it back, am I wrong?

But they've "accepted" it at least twice as far as I can tell from your account.  Why didn't you simply leave it with them on one of those occasions?  I can't see you can claim to have rejected it while you're still driving it around.

I'm not sure which part of my post sounds as if they accepted it as I would have happily return it. They are 200 miles away so I couldn't go and drop it off only to be later told I need to come back to get it as I am legally not allowed to leave it their premises.

Aylesbury_Duck

sweaty_doughnut said:

powerful_Rogue said:

pinkshoes said:

How many miles have you done in the car during the 14 month ownership? Are you still driving it?

This is the important question.

It's 5 months and only essential travel (3500 miles) as I have had a baby born at 28 weeks. I told them that I have to use it under protest until they take it back as I couldn't work on arranging another car when I was in NICU most of the time.

I appreciate the difficulty but it doesn't change the consumer rights position which is that you can't reject it and continue using it.