Mazda/Santander PCP - My 2 week old new car is faulty and dealership won't replace it.

[onlythiswayup]

Hi I'm a newbie and really hope that someone can give me some advice please.

I purchased a new car on pcp

two weeks after picking it up, it broke down,

the recovery company put it on a diagnostic machine and deemed it unsafe to drive, I had to sign a waiver that I wouldn't drive it.

The report also showed that the very same fault had happened before at 2 miles on the clock and this code had been deleted, this was before I took bought it.

 I took delivery of the car with 10 miles on the clock.  Eventually it was recovered back to the dealership, who eventually after over a week was told by the manufacturer that it needed a powertrain module , but this isn't in stock and has been put on back order for at least 8 to 10 weeks, but could be more.

I have asked the dealership for a replacement car, as I wasn't happy that such a major fault had happened and after just two weeks of purchasing it, that the car had been sold to me with the fault, and that I could be without my car for months.  They have said no, they are going to repair it.

I have spoken to the finance company that I have the pcp finance with and they have said, that because the car was taken back to the dealership, the short term right to reject it now void. 

Is this correct because it doesn't seem fair.

Thank you for reading it and hope you can help.

Thanks

Tina

[onlythiswayup]

Hi,

 

Thanks for the reply.

The dealer is Mazda

The finance company is Santander

I haven't got it in writing, I was told via a phone call today, but I'm sure that I will get this.

I purchased the Car on the 21/4/2023

It broke down on the 5/5/2023

The recovery company carried out a diagnostic report on the car on the 5/5/2023

I was told the car wasn't safe to drive and to sign a waiver on the 5/5/2023

It was noted on the diagnostic report 5/5/2023 that this same fault had previously happened at 2 miles on the clock but had been cleared.

The car was taken to the dealership on the 10/5/2023

The dealership informed me on the 16/5/2023 that it needed a powertrain module and that it was on back order for at least 8 to 10 weeks.

I requested a replacement vehicle on the 17/5/2023

I was told today that the dealership will not replace the car.

The Car is a Mazda CX5 Takumi

I purchased the car with 10 miles on the clock

The car has done 149 Miles (5/5/2023)

The purchase price was £28750 (after deposits)

The finance is PCP

My first payment is due on 22/05/2023, which I know I have to pay.

 

Hope this is ok

Thanks

Tina

 

Edited May 19, 2023 by onlythiswayup

[onlythiswayup]

Hi,

 

I'll write the letter now, thanks, is it the consumer rights act 2015?  and can I put in the letter that I request a replacement vehicle?

 

 

Tina

[onlythiswayup]

Hi

Yes the agreement has all the vehicle information and it's brand new.

[onlythiswayup]

Hi,

 

I have written a letter to both the dealership and finance company and emailed it over to them both.  I'll let you know what happens, thank you so much for your help.

[onlythiswayup]

I am expecting them to just ignore my letters, but yes at least I managed to get the emails off in the 30 days, I have you to thank you that.  The car is in the dealership workshop and cannot be driven as it's too dangerous, it will be staying in the workshop until the part becomes available, which could be at least 10 weeks, I will have paid 3 monthly instalments by then.

 

It was Santander that told me that my short term right to reject has been voided as the vehicle was taken back to the dealership.

[onlythiswayup]

Well the letter worked!

I received a call from the dealership yesterday afternoon, acknowledging my letter, they have offered me a new car, but it might not be available till august, they're looking into it.  

They have said that if I want this option, Santander would swap all the details over from the car now to the new car, when the new car arrives, but until then I would have to continue paying the finance on the cx5 that I still own, that is sitting in the workshop and un drivable (would you know if this is correct).  

I think they would continue supplying me with a hire car, but they are checking this, but it is not the same spec.

Also I will have to pay a fee to switch my car insurance over when the new car arrives, so have asked that they pay this.

 I haven't spoken to Santander as yet, just waiting for the dealership to come back to me with answers. 

I sent the Sar to Santander.

[onlythiswayup]

I would have thought that too but, Santander told me on the 19/5/23,  (this was when I was told that I had to let the dealership repair it and wait at least 10 weeks and it was before I sent the letter) that If it looked like the car was going to take a long time to be repaired and that I had a rental car they would look at reducing my payments by 20% and that if I didn't have a rental car, then I wouldn't have to pay anything.  

Also that they would look at some sort of compensation later on.  

This is the telephone recording that I have asked for in the SAR.

The rental car was supplied by Mazda Assist not Santander.

[onlythiswayup]

Santander are still saying that if I accept the option a replacement vehicle I will have to carry on paying the instalments at a reduced rate until the replacement car arrives, they've also still said the dealership don't have to accept the short-term right reject.  

I've had enough now and have decided to just reject the car and ask for my deposit back.

 How do I sort out cancelling the finance , is there a way of putting it in writing?