Taking dealership to Fast Track court

Aylesbury_Duck

sweaty_doughnut said:

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.

They've had it in twice for exploratory work.  You could have left it with them and therefore have rejected it at one of those points.

Who says you aren't legally allowed to leave it at their premises?  If you reject the car, you absolutely can leave it with them.

The trouble with your situation is that you want the best of both worlds, which is to reject the car while continuing to have use of it.  You either want it or you don't.  I understand the difficulty of having to find a replacement, but if they rang you today and said "bring it back for a  refund", you'd have to find that alternative quickly.

I think you need to properly reject the car before you can start legal action.  Otherwise, the dealer will say (justifiably) that you haven't rejected it and you're still using it.

DullGreyGuy

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?

You dont get to choose which track of the court system the case gets assigned to, whilst £25k is the normal boundary for Fast Track through the directions process the judge can decide the complexity of the matter requires the extra time afforded in a higher track. 

Once you rejected the vehicle it should not have been used any more as it isnt your property. Ideally you'd have returned it to the merchant or at a minimum advised them it is available for their collection. Having continued to use it you have pretty much rescinded your rejection 

As to the Motor Ombudsman, I found them great in the one time I needed to use them, Merc was offering me £100 in total for 4 delaminating alloys, I had accepted replacing all 4 would be betterment so had suggested I make a contribution to their replacement, the Ombudsman within a very short time instructed Merc to replace all for without a contribution from me. 

Jenni_D

I'm surprised nobody has yet asked ... how did you pay for the car? Was any of the payment on finance or credit card?

photome

I am also of the understanding that if you reject a car you have to stop using it, and then either return it yourself or get it picked up. Is there any finance involved

sweaty_doughnut

There is no finance involved, it was cash purchase. The way I see the situation is that Hyundai is on purpose dragging the process to make me give up. First time they said bring it to us when I rejected, then after inspection they said due to no issue they are not taking it back. Afterwards I hired an independent after which Hyundai said we want another inspection, while dealership said go via the Motor Ombudsman. Let's say I stopped using the car, they claim there is no fault despite the evidence and will not come to collect it. As some have suggested I should have left the garbage on their premise or I could have let it rust on my driveway and if I don't manage to return it I end up with huge expense, garbage car that I didn't drive plus paying for few months of rental.

Aylesbury_Duck

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

sweaty_doughnut

Aylesbury_Duck said:

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

I'm sending a message on Monday that if they don't take it back within 7 days I will start legal action.

Ayr_Rage

sweaty_doughnut said:

Aylesbury_Duck said:

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

I'm sending a message on Monday that if they don't take it back within 7 days I will start legal action.

As above, you have been using it for months and the "faults" are somewhat in dispute from the very beginning, therefore you are on very weak ground.

Your best bet is to get the dealer to buy it back, but £25,000 after 18 months of ownership is unrealistic.

What is going to be the basis of your court action if you go that route?

Aylesbury_Duck

sweaty_doughnut said:

Aylesbury_Duck said:

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

I'm sending a message on Monday that if they don't take it back within 7 days I will start legal action.

Don't message them, write to them, giving them 14 days.  Then there can be no doubt that you're serious, you've notified them formally and you're giving them reasonable time to resolve it.  Stop using the car now and confirm in the letter that you are no longer using it.  Put it out of use until they respond or until court action is concluded.

sweaty_doughnut

Ayr_Rage said:

sweaty_doughnut said:

Aylesbury_Duck said:

You simply need to return it.  No point speculating what might happen.  As it stands you haven't rejected it, continue to use it and have a weak case as a result.

I'm sending a message on Monday that if they don't take it back within 7 days I will start legal action.

As above, you have been using it for months and the "faults" are somewhat in dispute from the very beginning, therefore you are on very weak ground.

Your best bet is to get the dealer to buy it back, but £25,000 after 18 months of ownership is unrealistic.

What is going to be the basis of your court action if you go that route?

I offered them to buy it back for £26k. The car is only 5 months old, I purchased it in November 2024.