Rejecting a dud car bought on finance only weeks ago.

[boredandtired]

Hi All,

 

I'm looking for some advice please.

 

We recently purchased a car from a dealer on finance for the sum of £10,500 around 6 weeks ago.

 

After 1 week, a major problem developed with the car, the dealers took the car back to fix it and had the car for 14 days (a job i'm told should take 2 days tops) - the car was returned to us, the problem still present, and to add insult to injury, whilst rebuilding the car they had broken the turbo valve and glued it all back together (rather than replacing a £20 part) - needless to say, their workmanship is appalling.

 

In the 6 weeks we have had the car, these are the problems we have had to date:

 

1. Vacuum pipes continually coming off the vacuum box at rear of engine bay was the first thing. No biggy....

2. Fault codes relating to throttle malfunction - had a new throttle position sensor.

3. Popping/Rasp from engine bay & loss of power, turned out to be a broken bolt on the engine block/manifold which dealers took back to fix but havent rectified properly, it's now leaking and popping/crackling from piston 1 (plus leak around that area).

3.a (when car came back they'd broken the diverter valve nib off and glued the pipe directly onto the DV (no nib!) - So needed a new DV.

4. Rocker cover started leaking oil from seal and bolts.

5. Boost solenoid & MAF needed replacing following boost issues.

6. Exhaust rattling & blowing from various areas.

7. Front offside wheel nasty metal scraping noise progressively louder - Not discs/pads, not sure on this one.

8. Air con condensor shot, was blowing hot air, took to have it regassed, turned out to be condensor.

9. Gearbox started whining in 2nd/3rd (hasnt had ANY stick whatsoever with all these issues).

10. This morning came out to find a huge puddle of oil all leaking from turbo oil return pipe - see earlier post.

11. Really loud rattling from passenger side dash, no idea what it is but something is in there (i.e behind glovebox area).

12. Cruise control stopped working, been told this is likely a CIM fault which also controls ABS.

 

Now, we contacted the finance company and they said they would speak to the dealer, following this, the dealer has contacted us and said basically, bring us it back, "we'll take a look at it" - now i'm sorry, but bearing in mind their quality of workmanship in not reparing the problem and breaking something else in 14 days when it first went back to them, we don't hold out much hope of anything else getting rectified. They've also suggested we drive the car 80 miles to them with a major oil leak from the turbo oil return pipe (this is fatal advice, and would destroy the turbo).

 

In 6 weeks the car has been in the garage for 3 weeks, and for the remaining 3 weeks unusable to an extent due to the issues outlined above.

 

We asked the dealership if they will take the car back off us and provide a replacement (as they have one on their forecourt of same age, same mileage, same spec, etc etc) - but they will not, they have simply offered to take a look at the car.

 

All these problems in 6 weeks of ownership, and we no longer want the car, i feel it's a dud, a lemon, a bad un, whatever you want to call it, these are expensive (some major) issues, and i think the car has had a hard life.

 

What's the next port of call please to get this situation sorted?

 

Thank you for all help and advice anyone can offer.

[BRIGADIER2JCS]

H welcome to CAG, what a sorry mess, imo the dealer is on a hiding too nothing these fault are far to many not to have been known to the dealer.

 

I would suggest this should go immediately to your local Trading Standards department, some of the faults are obviously dangerous and who knows how many other vehicles they have sold in this kind of condition.

 

Formally notify the dealer and the finance company that you reject the car as it is unfit for purpose.

[boredandtired]

H welcome to CAG, what a sorry mess, imo the dealer is on a hiding too nothing these fault are far to many not to have been known to the dealer.

 

I would suggest this should go immediately to your local Trading Standards department, some of the faults are obviously dangerous and who knows how many other vehicles they have sold in this kind of condition.

 

Formally notify the dealer and the finance company that you reject the car as it is unfit for purpose.

 

Thank you very much for your reply. This is the plan i think, however ive heard this can be a 2 year + process? And we must return the car to the dealer with all documents/keys etc if we reject it? We've given them the option of replacing the car and taking this one back but they clearly dont want it back (for a reason i would imagine!) - i am not willing to have their chimpanzee mechanics take it back and attempt to fix things again, as you say this is an unnerving amount of major issues in such a short period of time.

 

I feel it's going to be a money pit

 

I did tell the garage i would go to trading standards, their response was "That's fine, we always comply with Trading Standards investigations" - in other words, they must have had plenty!!

[BRIGADIER2JCS]

Personally I would be on to TS today and hand deliver the notice of rejection to the dealer and send the same to the finance company by recorded delivery today.

 

I don't think I would be prepared to drive the car in the condition you describe even to the end of the road let alone back to the dealers.

 

I would not like to guess as to what the roadworthiness, or safety of it is.

[Conniff]

Hi All,

 

I'm looking for some advice please.

 

We recently purchased a car from a dealer on finance for the sum of £10,500 around 6 weeks ago.

 

After 1 week, a major problem developed with the car, the dealers took the car back to fix it and had the car for 14 days (a job i'm told should take 2 days tops) - the car was returned to us, the problem still present, and to add insult to injury, whilst rebuilding the car they had broken the turbo valve and glued it all back together (rather than replacing a £20 part) - needless to say, their workmanship is appalling.

 

In the 6 weeks we have had the car, these are the problems we have had to date:

 

1. Vacuum pipes continually coming off the vacuum box at rear of engine bay was the first thing. No biggy....

2. Fault codes relating to throttle malfunction - had a new throttle position sensor.

3. Popping/Rasp from engine bay & loss of power, turned out to be a broken bolt on the engine block/manifold which dealers took back to fix but havent rectified properly, it's now leaking and popping/crackling from piston 1 (plus leak around that area).

3.a (when car came back they'd broken the diverter valve nib off and glued the pipe directly onto the DV (no nib!) - So needed a new DV.

4. Rocker cover started leaking oil from seal and bolts.

5. Boost solenoid & MAF needed replacing following boost issues.

6. Exhaust rattling & blowing from various areas.

7. Front offside wheel nasty metal scraping noise progressively louder - Not discs/pads, not sure on this one.

8. Air con condensor shot, was blowing hot air, took to have it regassed, turned out to be condensor.

9. Gearbox started whining in 2nd/3rd (hasnt had ANY stick whatsoever with all these issues).

10. This morning came out to find a huge puddle of oil all leaking from turbo oil return pipe - see earlier post.

11. Really loud rattling from passenger side dash, no idea what it is but something is in there (i.e behind glovebox area).

12. Cruise control stopped working, been told this is likely a CIM fault which also controls ABS.

 

Now, we contacted the finance company and they said they would speak to the dealer, following this, the dealer has contacted us and said basically, bring us it back, "we'll take a look at it" - now i'm sorry, but bearing in mind their quality of workmanship in not reparing the problem and breaking something else in 14 days when it first went back to them, we don't hold out much hope of anything else getting rectified. They've also suggested we drive the car 80 miles to them with a major oil leak from the turbo oil return pipe (this is fatal advice, and would destroy the turbo).

 

In 6 weeks the car has been in the garage for 3 weeks, and for the remaining 3 weeks unusable to an extent due to the issues outlined above.

 

We asked the dealership if they will take the car back off us and provide a replacement (as they have one on their forecourt of same age, same mileage, same spec, etc etc) - but they will not, they have simply offered to take a look at the car.

 

All these problems in 6 weeks of ownership, and we no longer want the car, i feel it's a dud, a lemon, a bad un, whatever you want to call it, these are expensive (some major) issues, and i think the car has had a hard life.

 

What's the next port of call please to get this situation sorted?

 

Thank you for all help and advice anyone can offer.

 

These items you say 'needed a new one', have they been seen to and who did it ?

 

I fully agree that the faults are of an amount and seriousness that you must reject the car as 'of unsatisfactory quality' and 'unfit for purpose'.

This has to be done in writing and should be by a recorded delivery method. Do a copy of the same letter listing all the problems and saying you reject the car as is your right under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002 and send a copy to both the dealer and the finance company.

 

The finance company will try to palm you off with letting the dealer have a go at getting it fixed and so will the dealer, but stick to your guns.

 

Tell them where they can collect the car as it is undrivable.

[BRIGADIER2JCS]

Absolutely, the finance company need to know in full detail why the vehicle is being rejected and that you have no wish to allow the dealer to attempt to 'repair' it further as your confidence in their capabilities and the safety and roadworthiness of the vehicle has been completely compromised.

[Conniff]

What sort of finance is it, HP or car loan ??

[boredandtired]

Absolutely, the finance company need to know in full detail why the vehicle is being rejected and that you have no wish to allow the dealer to attempt to 'repair' it further as your confidence in their capabilities and the safety and roadworthiness of the vehicle has been completely compromised.

 

I agree, their repair after 10 days in their garage came back unrepaired, and with more things broken! Hardly quality workmanship. On top of that, this car came out of their garage with all these issues in the first place.

 

These items you say 'needed a new one', have they been seen to and who did it ?

 

I fully agree that the faults are of an amount and seriousness that you must reject the car as 'of unsatisfactory quality' and 'unfit for purpose'.

This has to be done in writing and should be by a recorded delivery method. Do a copy of the same letter listing all the problems and saying you reject the car as is your right under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002 and send a copy to both the dealer and the finance company.

 

The finance company will try to palm you off with letting the dealer have a go at getting it fixed and so will the dealer, but stick to your guns.

 

Tell them where they can collect the car as it is undrivable.

 

I have now written the letters and will send these off, the car has ceased being used anyway, on the basis that it cant be used when oil is leaking from the turbo return pipe. In terms of the "needing new ones" - i had a local garage round the corner from me replace these parts initially rather than the car go 80 miles back to the dealer yet again. It's spent more time with them than with me!

 

What sort of finance is it, HP or car loan ??

 

It's Hire Purchase.

[Conniff]

That's good, that means they own the car not you.

[BRIGADIER2JCS]

That's good, that means they own the car not you.

Indeed so, this should make the finance company assist I a proper resolution to this, they wont want a lemon on their hands.

[Peterbard]

Hi

 

I don;t know if you have gone past the deadline but you do have the right to withdraw from the agreement with the finance company upto 14 days after the agreement was made.

[T509]

Can't use right of withdrawal as it would leave you with the car but having to repay the advance to the finance company. Right of withdrawal is for the finance agreement not the purchase of the car

[Peterbard]

Yes since feb 2011 you can withdraw for a credit agreement on HP within 14 days see section 66a cca or of the 2010 eu amendment. It explains how on a HP agreement the rights to ownership are treated the same as if the HP had not been taken out.

Edited July 13, 2013 by Dodgeball
clarity

[Surfer01]

If some minor repairs have been done by someone else i.e. the garage around the corner please be aware this may create issues if done without the sellers knowledge. Hopefully you have not mentioned this to the seller. is the seller part of a franchise i.e. Vauxhall, Renault, Peugeot etc?

[BRIGADIER2JCS]

If you read the tread properly you will see that the car has NOT been in the hands of another garage/repairer.

[Surfer01]

If you read the tread properly you will see that the car has NOT been in the hands of another garage/repairer.

 

Post 8# "I have now written the letters and will send these off, the car has ceased being used anyway, on the basis that it cant be used when oil is leaking from the turbo return pipe. In terms of the "needing new ones" - i had a local garage round the corner from me replace these parts initially rather than the car go 80 miles back to the dealer yet again. It's spent more time with them than with me! "

 

I think I read it okay and will accept an apology.

[BRIGADIER2JCS]

Post 8# "I have now written the letters and will send these off, the car has ceased being used anyway, on the basis that it cant be used when oil is leaking from the turbo return pipe. In terms of the "needing new ones" - i had a local garage round the corner from me replace these parts initially rather than the car go 80 miles back to the dealer yet again. It's spent more time with them than with me! "

,

I think I read it okay and will accept an apology.

 

 

My apologies I do not have post 8# and some others showing in that thread.

 

my apologies,. I do

[Surfer01]

My apologies I do not have post 8# and some others showing in that thread.

 

my apologies,. I do

 

No problem. However where does that leave the OP as per my question?

[BRIGADIER2JCS]

No problem. However where does that leave the OP as per my question?

 

Up s**t creek without a paddle, any guarantee will be negated I think. Unless it can be claimed these were 'emergency' repairs and the costs could be passed to the dealer.

[Surfer01]

Up s**t creek without a paddle, any guarantee will be negated I think. Unless it can be claimed these were 'emergency' repairs and the costs could be passed to the dealer.

 

I think before we can offer the OP any further help they need to define whether they told the seller of the work carried out by the local garage and what sort of work was carried out by the local garage. If it was minor and unrelated to the main problems, I am not sure if there is still a chance.

[BRIGADIER2JCS]

From your post regarding post 8# it appears that the garage replace the 'turbo return pipes' part of the original complaint.

[Surfer01]

From your post regarding post 8# it appears that the garage replace the 'turbo return pipes' part of the original complaint.

I think OP needs to refer back to your post 19. They have shot themselves in the foot by not taking it back to the dealer unless of course the dealer gave them permission to use the local garage.

[sailor sam]

I think OP needs to refer back to your post 19. They have shot themselves in the foot by not taking it back to the dealer unless of course the dealer gave them permission to use the local garage.

 

Not necessarily. OP states that it has initially been back with sub-standard workmanship so he can argue that in an effort to save driving a defective car back to the seller, he decided to get a more local garage to make good the sub-standard repair.

 

I think a judge would accept that.