Returning a new car - SOGA

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Elinore
Elinore Posts: 259 Forumite
edited 25 July 2018 at 6:41PM in Motoring
I am beginning to worry my new car is going all Christine and is trying to kill me.

She was was bought from brand new in November and currently has been into the dealerships Garage once per month since I got her. She is stalling on stop start, She is stalling on idling, she is regularly hunting for revs (the rev counter bounces up and down like a loon and she sounds like I am pumping the accelerator) and as of yesterday she has escalated to cutting out at low speed (pulling off).

Her auto air con will not work as she starts to hunt for revs if I turn it on. The sat nav screen has been frozen for three weeks, they have fixed it a number of times and it freezes again the day after. The sound quality for the hands free is terrible in fact it is not even usable it is so bad. The reverse sensor activates but the camera only brings up a green screen. The system has a real issue with connecting to my phone and I have just given up trying.

Yesterday I pulled off at a roundabout and she just tanked. A poor articulated lorry driver had a brown trouser moment and had to make a swift stop (I had plenty of room - it was not a rushed manoeuvre demonstrated by the fact the lorry had time to stop on a very fast roundabout - and it would have been fine if she had not just died)

I rang them yesterday to advise of this worrying upswing in issues and the make/model specialist just kept repeating that the trip computer showed no errors! I do not give a flying fiddle what the trip computer says! I have video of the car, stationary in a car park, hunting for revs so badly she sounds like she is gasping for breath!

Things they have tried:
Messing with the timing
Changed the spark plugs
Changed an O2 sensor

Currently awaiting a part for the transmission - the engineer admitted that he only is trying this as they had a similar issue on a car and changing this part helped but inferred he did not quite know why.

I am genuinely beginning to think she is a total lemon and they do not have a clue what is causing the issue but she is outside of the millage for the no quibble return guarantee.

Being that she is on finance, I have had use of her since Nov , by driving her off the forecourt and putting millage on her I have deprecated her value, do I have any right of return under the sales of goods act? Anyone got any experience on how this would likely play out.
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  • motorguy
    motorguy Posts: 22,473 Forumite
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    Whilst it cant be done when driving, any scope to record any of these effects on your camera and then play them back to the dealer?

    Have you escalated to the manufacturers UK customer service team?

    They'll be looking for error codes so they can diagnose what the problem is however just because there are no codes doesnt mean there isnt a fault (as your car proves)
  • bigisi
    bigisi Posts: 925 Forumite
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    Sales of goods act hasn't been around for over two years now. It's the Consumer Rights Act now.

    Sounds like you've given them plenty of chance to fix the issues so a rejection may be possible. You'd need to put it out of use though and send a rejection letter outlining your complaint and see where they go from there.

    What is this mystery car?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    As above, under the new legislation the seller is allowed a single chance only to repair, if this fails then you will be entitled to reject the car outright. You need to write a formal letter of rejection as well as speaking to the finance co., it is their car after all.

    Can we ask what car it is?
  • Le_Kirk
    Le_Kirk Posts: 22,312 Forumite
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    neilmcl wrote: »
    You need to write a formal letter of rejection as well as speaking to the finance co., it is their car after all.
    Once you have rejected the car (by formal letter of rejection), you must stop using it.
  • motorguy
    motorguy Posts: 22,473 Forumite
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    I would be escalating to the finance company right now. They can often put pressure on the dealer / manufacturer to resolve it.
  • George_Michael
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    One thing to bear in mind that if you do manage to reject it, the dealer or finance company isn't legally required to give you a full refund.
    They can make a deduction from the original price paid to cover the few months use you have had from the vehicle.

    I've no idea if they will actually do this or if they do, how much of a deduction would be reasonable.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    One thing to bear in mind that if you do manage to reject it, the dealer or finance company isn't legally required to give you a full refund.
    They can make a deduction from the original price paid to cover the few months use you have had from the vehicle.

    I've no idea if they will actually do this or if they do, how much of a deduction would be reasonable.
    Kind of depends when the faults were first brought to the attention of the dealer. If the faults arose within the first 30 days and it's still taken this long without resolution one could argue that the OP is still has the power under the short-term right to reject for a full refund.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    You're outside the absolute 30 day rejection period.

    I'd be throwing them the keys, insisting on a loan car, and telling the service manager to use it himself and you don't want it back until it flippin' works, whatever the diagnostics say.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    AdrianC wrote: »
    You're outside the absolute 30 day rejection period.

    I'd be throwing them the keys, insisting on a loan car, and telling the service manager to use it himself and you don't want it back until it flippin' works, whatever the diagnostics say.
    Not necessarily. If the fault was first raised within 30 days then effectively this period would've been on pause whilst a suitable remedy was sought.
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
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    It sounds an absolute nightmare. Could you tell us the make and model, please?
    I used to think that good grammar is important, but now I know that good wine is importanter.
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