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  • FIRST POST
    • pvsol
    • By pvsol 4th Jul 18, 9:09 AM
    • 143Posts
    • 27Thanks
    pvsol
    Issues with Car from new - Merchantable Quality
    • #1
    • 4th Jul 18, 9:09 AM
    Issues with Car from new - Merchantable Quality 4th Jul 18 at 9:09 AM
    122 122 122 122
    Last edited by pvsol; 05-07-2018 at 9:59 AM.
Page 1
    • AdrianC
    • By AdrianC 4th Jul 18, 9:14 AM
    • 18,358 Posts
    • 16,588 Thanks
    AdrianC
    • #2
    • 4th Jul 18, 9:14 AM
    • #2
    • 4th Jul 18, 9:14 AM
    They're right. The consumer rights act does not apply to B2B transactions, nor does the consumer credit act.

    What is the fault? Is it something that renders the car unusable, or merely a minor glitch in some non-critical feature?



    They're offering you an early termination - accept it. Expecting a refund of the payments is having your cake and eating it. You've had a vehicle made available to you for the entire duration of the contract, even if it isn't the same type. How much of the ~21 months so far have you been in a loan car?
    • pvsol
    • By pvsol 4th Jul 18, 9:25 AM
    • 143 Posts
    • 27 Thanks
    pvsol
    • #3
    • 4th Jul 18, 9:25 AM
    • #3
    • 4th Jul 18, 9:25 AM
    122 122 122 122
    Last edited by pvsol; 05-07-2018 at 9:58 AM.
    • AdrianC
    • By AdrianC 4th Jul 18, 10:53 AM
    • 18,358 Posts
    • 16,588 Thanks
    AdrianC
    • #4
    • 4th Jul 18, 10:53 AM
    • #4
    • 4th Jul 18, 10:53 AM
    The "deposit" is part of the finance - more correctly called the "initial payment". It's not a returnable deposit like on bottles...


    What "technology" are we talking about? Phone integration, from what you say about "talking to your team"? Could you not have mitigated your losses by using a normal hands-free earpiece or holder? Is the problem related to your particular phone?
    • DoaM
    • By DoaM 4th Jul 18, 12:37 PM
    • 4,727 Posts
    • 4,711 Thanks
    DoaM
    • #5
    • 4th Jul 18, 12:37 PM
    • #5
    • 4th Jul 18, 12:37 PM
    Is this an Android Auto / Apple CarPlay issue?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Geodark
    • By Geodark 4th Jul 18, 1:04 PM
    • 840 Posts
    • 562 Thanks
    Geodark
    • #6
    • 4th Jul 18, 1:04 PM
    • #6
    • 4th Jul 18, 1:04 PM
    If its something as simple as a bluetooth mobile connection, could you not buy a plug and play one (about £50) and use that until the tech is corrected?
    • sevenhills
    • By sevenhills 4th Jul 18, 1:13 PM
    • 1,519 Posts
    • 564 Thanks
    sevenhills
    • #7
    • 4th Jul 18, 1:13 PM
    • #7
    • 4th Jul 18, 1:13 PM
    The car has been off the road for around 3 months and I paid £10k deposit which I would just lose.
    Originally posted by pvsol


    How to reject a car

    There are certain steps that you have to take when rejecting a car. The first is to stop using it. If the car’s not fit for purpose, you shouldn’t still be using it as a runaround, as this will severely weaken your case.
    Next, write to the supplying dealer giving your reasons for rejection. This should be within the first six months of ownership and outline the case so far.
    If the dealer refuses to accept your rejection of the car, contact the customer care department of the manufacturer for further support. It's worth sending a copy of your original rejection letter to the manufacturer's head office, too.
    If you’re still getting nowhere, then consider contacting industry regulator Motor Codes on 0800 692 0825 or the Financial Ombudsman on 0800 023 4567.
    You can also get in touch with the Watchdog team here at Auto Express via mail@autoexpress.co.uk.

    • pvsol
    • By pvsol 4th Jul 18, 2:14 PM
    • 143 Posts
    • 27 Thanks
    pvsol
    • #8
    • 4th Jul 18, 2:14 PM
    • #8
    • 4th Jul 18, 2:14 PM
    122 122 122 122
    Last edited by pvsol; 05-07-2018 at 9:58 AM.
    • Mercdriver
    • By Mercdriver 4th Jul 18, 3:51 PM
    • 2,014 Posts
    • 1,383 Thanks
    Mercdriver
    • #9
    • 4th Jul 18, 3:51 PM
    • #9
    • 4th Jul 18, 3:51 PM
    How to reject a car

    There are certain steps that you have to take when rejecting a car. The first is to stop using it. If the car!!!8217;s not fit for purpose, you shouldn!!!8217;t still be using it as a runaround, as this will severely weaken your case.
    Next, write to the supplying dealer giving your reasons for rejection. This should be within the first six months of ownership and outline the case so far.
    If the dealer refuses to accept your rejection of the car, contact the customer care department of the manufacturer for further support. It's worth sending a copy of your original rejection letter to the manufacturer's head office, too.
    If you!!!8217;re still getting nowhere, then consider contacting industry regulator Motor Codes on 0800 692 0825 or the Financial Ombudsman on 0800 023 4567.
    You can also get in touch with the Watchdog team here at Auto Express via mail@autoexpress.co.uk.
    Originally posted by sevenhills
    Are you applying the rules for a consumer product to a business product? The rules are different. Is it fair? not particularly, but the law is as it is.
    • AdrianC
    • By AdrianC 4th Jul 18, 3:53 PM
    • 18,358 Posts
    • 16,588 Thanks
    AdrianC
    Hi, No the whole infotainment system fails , the nav , phone etc .... I have bought a Parrot system but its not the best and frankly it irks me that on a £60k car, despite over 11 attempts to fix it, I am still experiencing the exact same problem as on day 1 ... it is not an issue with the phone. There have been other issues but they have fixed those and I am happy with that bit. They promise that the next software update will solve things but it never does.
    Originally posted by pvsol
    No, it won't. If the "whole infotainment fails", then that sounds far more like a hardware issue than a software one. A software upgrade may well resolve compatibility issues with a specific phone, though.
    • neilmcl
    • By neilmcl 4th Jul 18, 4:05 PM
    • 11,606 Posts
    • 8,391 Thanks
    neilmcl
    What car is it?
    • pvsol
    • By pvsol 4th Jul 18, 4:18 PM
    • 143 Posts
    • 27 Thanks
    pvsol
    122 122 122 1222
    Last edited by pvsol; 05-07-2018 at 9:58 AM.
    • Tarambor
    • By Tarambor 4th Jul 18, 4:20 PM
    • 3,546 Posts
    • 2,619 Thanks
    Tarambor
    The fault is with the Technology which I suppose wouldnt be a major issue to most people but I am an on call doctor and need to be able to rely on it , which I cannot
    Originally posted by pvsol
    Sorry but you don't need that stuff to be able to use the car as an on call doctor. In fact you'll find the emergency services actually remove all of that stuff in their cars so if a Paramedic and the Police don't need it neither do you.
    • neilmcl
    • By neilmcl 4th Jul 18, 4:20 PM
    • 11,606 Posts
    • 8,391 Thanks
    neilmcl
    Might be worth checking out the Jaguar forums to see if anyone else has this issue and if they've managed to resolve it.
    • shaun from Africa
    • By shaun from Africa 4th Jul 18, 4:37 PM
    • 10,270 Posts
    • 11,555 Thanks
    shaun from Africa
    They're right. The consumer rights act does not apply to B2B transactions, nor does the consumer credit act.
    Originally posted by AdrianC
    No they are not.
    Although the act is called the Consumer credit act, it does not only apply to private consumers.

    S75 of the CCA states:
    (1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor
    And if you look up the definition of a debtor in the CCA it is:
    debtor” means the individual receiving credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement includes the prospective debtor;
    And what is "an individual?
    individual” includes—
    (a) a partnership consisting of two or three persons not all of whom are bodies corporate; and

    (b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership;]
    This is backed up by the financial ombudsman:
    The amount of credit provided to the consumer towards the purchase must not exceed £25,000, and must have been provided to an 'individual' (which includes sole traders, small partnerships and unincorporated businesses, as well as ordinary consumers).
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm
    • sevenhills
    • By sevenhills 4th Jul 18, 6:19 PM
    • 1,519 Posts
    • 564 Thanks
    sevenhills
    Are you applying the rules for a consumer product to a business product? The rules are different. Is it fair? not particularly, but the law is as it is.
    Originally posted by Mercdriver

    The car is a Jaguar F-PACE, and I dont think a phone issue would be large enough to warrant returning the car as a private or business buyer.

    • bigisi
    • By bigisi 5th Jul 18, 10:31 AM
    • 339 Posts
    • 606 Thanks
    bigisi
    Seems even doctors aren't exempt from spitting their dummies out and deleting posts when the answers aren't what they want to hear.

    Bless...
    • George Michael
    • By George Michael 5th Jul 18, 12:28 PM
    • 3,161 Posts
    • 4,242 Thanks
    George Michael
    If anyone is interested in reading the full thread before the OP deleted their posts:
    https://webcache.googleusercontent.com/search?q=cache:-74klmlVCa8J:https://forums.moneysavingexpert.com/showthread.php%3Fp%3D74488614+&cd=9&hl=en&ct=clnk& gl=tt
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