Taking dealership to Fast Track court

sweaty_doughnut · 13 April at 5:26PM

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

Aylesbury_Duck · 13 April at 5:28PM

sweaty_doughnut said:

Aylesbury_Duck said:

No, because when I last linked to that forum, the post got deleted so I presume it's not permitted on this forum.

Six days ago you said that they'd offered to buy the car back. Three days ago you said that they don't want to repair it but want to buy it back from you. That's pretty clear.

Surely you know what you posted? Or could go back there and check yourself?

This is becoming absurd :-). Why would I invent the story. I offered them to buy it back and from the very beginning I told them I dont want it repaired

My apologies, OP. I'm getting your thread mixed up with another thread that has very similar circumstances!

Aylesbury_Duck · 13 April at 5:31PM

photome said:

Aylesbury_Duck said:

Oh, and the reason you shouldn't be continuing to drive it is that (from the other forum) you know that it had tyres at or close to the legal limit 4000 miles ago and that you havent replaced them. To be frank, clutch judder and air-conditioning problems are trivial in comparison to driving around on what are almost sure to be pretty bald and probably illegal tyres.

Have you checked the tyres recently? Can you afford a fine of up to £2,500 and three penalty points per tyre if you're stopped and they are below the minimum tread depth? And that's just the legal position. Aren't you concerned about the potential safety implications of driving around on tyres that are probably unsafe? It makes your concern about clutch judder seem a little silly. Whatever the rights and wrongs of the latest MOT tester and the dealer, it's your responsibility, no one else's, to ensure the car you're driving is legally compliant and safe to drive. You can't pass that responsibility on to the dealer.

What has this post got to do with the OP, he bought a new car and has only done 3500 miles…what am I missing

Ignore me...I got this thread mixed up with another one where someone has been driving around on balding tyres for over a year.

GingerTim · 13 April at 5:36PM

sweaty_doughnut said:

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

It strikes me that by not declaring to prospective buyers an issue you have personally experienced while driving leaves you legally wide open.

If a buyer asks you 'any issues with the car', what will you say?

sweaty_doughnut · 13 April at 5:41PM

GingerTim said:

sweaty_doughnut said:

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

It strikes me that by not declaring to prospective buyers an issue you have personally experienced while driving leaves you legally wide open.

If a buyer asks you 'any issues with the car', what will you say?

That's why I wouldn't sell to a private person as I dont want to screw anyone over. If 2 Hyundai experts claim the car has no problem how can I say there is an issue? And from what I see on this forum, legal doesn't mean much, dealerships can do what they like.

GingerTim · 13 April at 5:48PM

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

It strikes me that by not declaring to prospective buyers an issue you have personally experienced while driving leaves you legally wide open.

If a buyer asks you 'any issues with the car', what will you say?

That's why I wouldn't sell to a private person as I dont want to screw anyone over. If 2 Hyundai experts claim the car has no problem how can I say there is an issue?

Because you have spent nearly 6 months telling Hyundai/the dealer that there is an issue? Asking them to sign it off as fine is also undermining your own claim for a return.

And you would be screwing a private person over when they eventually buy it off Carwow - though presumably Carwow will experience the problem, and offer you much less than you hoped for/say no thanks.

sweaty_doughnut · 13 April at 5:49PM

GingerTim said:

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

It strikes me that by not declaring to prospective buyers an issue you have personally experienced while driving leaves you legally wide open.

If a buyer asks you 'any issues with the car', what will you say?

That's why I wouldn't sell to a private person as I dont want to screw anyone over. If 2 Hyundai experts claim the car has no problem how can I say there is an issue?

Because you have spent nearly 6 months telling Hyundai/the dealer that there is an issue?

And you would be screwing a private person over when they eventually buy it off Carwow - though presumably Carwow will experience the problem, and offer you much less than you hoped for/say no thanks.

Dealership buyer saying no thanks would strengthen my case as that would be one more confirmation of an issue. Private person who buys can maybe reject it in a proper way as according to everyone here I didn't do it in a proper manner. Hyundai says that gearbox is like that by design so maybe new buyer accepts that.

GingerTim · 13 April at 5:58PM

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

It strikes me that by not declaring to prospective buyers an issue you have personally experienced while driving leaves you legally wide open.

If a buyer asks you 'any issues with the car', what will you say?

That's why I wouldn't sell to a private person as I dont want to screw anyone over. If 2 Hyundai experts claim the car has no problem how can I say there is an issue?

Because you have spent nearly 6 months telling Hyundai/the dealer that there is an issue?

And you would be screwing a private person over when they eventually buy it off Carwow - though presumably Carwow will experience the problem, and offer you much less than you hoped for/say no thanks.

Dealership buyer saying no thanks would strengthen my case as that would be one more confirmation of an issue. Private person who buys can maybe reject it in a proper way as according to everyone here I didn't do it in a proper manner. Hyundai says that gearbox is like that by design so maybe new buyer accepts that.

My point is that by asking Hyundai to sign it off as fine you are sending them mixed messages that undermine your claim for a refund - essentially saying there isn't a problem with it.

visidigi · 13 April at 6:05PM

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

It strikes me that by not declaring to prospective buyers an issue you have personally experienced while driving leaves you legally wide open.

If a buyer asks you 'any issues with the car', what will you say?

That's why I wouldn't sell to a private person as I dont want to screw anyone over. If 2 Hyundai experts claim the car has no problem how can I say there is an issue?

Because you have spent nearly 6 months telling Hyundai/the dealer that there is an issue?

And you would be screwing a private person over when they eventually buy it off Carwow - though presumably Carwow will experience the problem, and offer you much less than you hoped for/say no thanks.

Dealership buyer saying no thanks would strengthen my case as that would be one more confirmation of an issue. Private person who buys can maybe reject it in a proper way as according to everyone here I didn't do it in a proper manner. Hyundai says that gearbox is like that by design so maybe new buyer accepts that.

So I'll ask one more question - did you test drive the car/model before buying it?

Its sounding more and more to be a characteristic of the car itself and one which you do not like, but doesn't fundamentally impact the ability to drive it. So then it becomes a personal preference thing (which I totally understand and can fully appreciate).

I don't think you need a letter from Hyundai anyway - you have the remainder of the 4yr manufacturers warranty to use should the next owner find issue - unless you decide you can live with it and will run it for the next four years ship it on and buy something else.

sweaty_doughnut · 13 April at 6:11PM

visidigi said:

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

GingerTim said:

sweaty_doughnut said:

visidigi said:

sweaty_doughnut said:

visidigi said:

When you reject you MUST stop using it. At the date and time of rejection the condition and the mileage should be recorded and acknowledged by the trader/dealer at the point you reject.

I rejected a vehicle a little over two years ago - even though the dealer refused the rejection at first, and I had to go through the DP to get some traction I didn't use it from the moment I rejected it - and that's why my rejection was successful.

During the rejection period, when the vehicle was still on my drive and I had the keys I had an emergency appointment come through. I called the DP and asked if I could use the car for a fixed 21 miles round trip to said appointment as they were dragging their heals on the rejection process - their response? 'If you use it the rejection is clearly no longer valid.'

I don't think you are any where near to winning this - for sure you are at a vast disadvantage vs where you think you are.

So what do you suggest, small claims for defects? Or I should sell it on CarWow to Hyundai dealer and let them fix the car at Hyundai's expense?

Its between you and the franchised dealer. Has the dealer been out on drives with you where you have demonstrated the problem or is absolutely all occurrences only captured on video? Does the car show any errors/codes?

Is the 'expert' the only person other than you who has (partially) witnessed the problem?

That aside, I would recommend you sell the car while under the original 5 yr warranty - as there will be few reasons for a dealer/buyer to have any issues with it.

Where it might get tricky is having involved Hyundai that actual car may have a marker on it for a customer dispute.

For sure you will need to get a realistic view of a valuation - not forgetting you get a decent deal with your rapidly settled finance.

To give you the example I had I was extremely fortunate - I got all my money back - Mine was a fully remote purchase and the staff actions after it was sold (put phones down, ignored emails, mocked me when I rejected, etc - main brand dealer. I had to pay for delivery back to them (and to take plates off etc at further expense) but they didn't charge me for the mileage I put on it - alot of my reasoning for being successful was I got it cheap in the first place and so when they got it back, all be it with one more owner, they sold it for £2000+ more than they refunded me.

I bought another car, exactly the same bar one extra option 9 months later (I liked the car, just not that one).

Hyundai tech engineer felt the same thing I am reporting and has said what I feel is the linkage, next time he felt it he said he will speak with the technician. The deal with Hyundai was to test the same spec car on the day to compare with, but they didnt honour that part as there was no car available. With regards to stalling I only have 5 videos but not evidenced by anyone else. CarWow is offering me £23200 so a bit over £4k loss in 6 months. I asked Hyundai to put a signature with their report that the car has no fault, still waiting response on that as I wouldn't report any issue on CarWow - at the end of the day they are experts, I'm just an amateur who doesn't understand that crunchiness is a feature, not a problem.

It strikes me that by not declaring to prospective buyers an issue you have personally experienced while driving leaves you legally wide open.

If a buyer asks you 'any issues with the car', what will you say?

That's why I wouldn't sell to a private person as I dont want to screw anyone over. If 2 Hyundai experts claim the car has no problem how can I say there is an issue?

Because you have spent nearly 6 months telling Hyundai/the dealer that there is an issue?

And you would be screwing a private person over when they eventually buy it off Carwow - though presumably Carwow will experience the problem, and offer you much less than you hoped for/say no thanks.

Dealership buyer saying no thanks would strengthen my case as that would be one more confirmation of an issue. Private person who buys can maybe reject it in a proper way as according to everyone here I didn't do it in a proper manner. Hyundai says that gearbox is like that by design so maybe new buyer accepts that.

So I'll ask one more question - did you test drive the car/model before buying it?

Its sounding more and more to be a characteristic of the car itself and one which you do not like, but doesn't fundamentally impact the ability to drive it. So then it becomes a personal preference thing (which I totally understand and can fully appreciate).

I don't think you need a letter from Hyundai anyway - you have the remainder of the 4yr manufacturers warranty to use should the next owner find issue - unless you decide you can live with it and will run it for the next four years ship it on and buy something else.