Car defect after one week - Big Motoring World - Blue Bell Hill

[just_jue]

Hi, my daughter just brought an audi from Big Motoring World Bluebell Hill Kent last week. 

 

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Everything has been fine until today when an error with the start stop was displayed and will not clear. 

 

After speaking to the garage they first asked if she wanted to put it through as a warranty claim which she declined,  to be told that they cannot fit her in until the end of July with their garage!

I've recommended that she formally rejects the car, just wanted to make sure that she is within her rights to do so because of this fault. 

[BankFodder]

Yes send them an immediate letter of rejection. Make it clear that you are asserting your rights under the consumer rights act and that this fault has manifested itself within 30 days and therefore you want a refund or a repair – at your option.

If you want you can tell them that you are prepared to have it repaired but you are prepared to wait five weeks and that if they can't do it within the next two days then you want them to refund you the money and take the car away and you want to know what arrangements they are making for this.

How did you pay for the car?

Tell us a bit more about the car – make model mileage and how much was spent – blah blah blah.

You said that you wanted to make sure that she is within her rights. After being here since 2006 and having over 1000 posts and being involved in at least one other issue involving a defective vehicle, I'm sorry that you still feel that you need to ask this question.

Send the letter. Confirm with us that it has been done and tell us what their attitude is.

We are finding the very few car dealers are prepared to honour the obligations and if you are removed very quickly to a County Court claim at the first hint of prevarication.
How did you pay

[just_jue]

Thank BF,

The car is an audi q2, 68 plate,  50,000 miles, paid for by PCP for £16,500.

Purchased 27th may

On their website it says that if you have to return a car they can charge you  £1 per mile for the use of the car. 

[BankFodder]

I doubt whether they are entitled to claim the 1 pound per mile if it is returned in the first 30 days – but anyway, it seems to me that the most important thing is to return the car without any quibble and sort it out later. How many miles of you done?

And pardon my ignorance, is PCB a scheme which is regulated by the Consumer Credit Act?

[SleepTech]

Good morning, 

jumping on the post as it was me who purchased the car. 
have done around 150/200 miles as it was over 45 miles purely for car collection. I can give absolute accuracy later if required. 
 

heres what I found regarding PCP:

PCP was designed originally to be a personal leasing product for private individuals, However, because PCP is now classed as a conditional sale agreement, it offers private individuals protection under the Consumer Credit Act 1974 and the Financial Conduct Authority.
 

many thanks,

ST

[BankFodder]

So have you now sent the letter of rejection?

[just_jue]

Doing it at the moment, do we send a copy to the finance company?

Do you want to see it before we send?

[BankFodder]

Yes I think it could be a good idea to send it the finance company. There is no downside. Make sure that the dealer can see that a copy has been sent to them as well.

I still don't really understand PCB. Is this hire purchase? Who is actually down as the owner of the vehicle? Is it the finance company – and who are they anyway

[just_jue]

Reading about it it does look similar to HP where the finance company (black horse) own the car until the last payment is made.

[BankFodder]

Okay, as advised, send the letter to the dealer and copy to the finance company. I suggest that you copy the finance company into absolutely everything.

[just_jue]

BF Does this look okay?

 

Dear Sir/ Madam

 On 30th May, I purchased, and took delivery of, the above vehicle Audi Q2 from you.

On 5th June I discovered that every time you start the car it displays ‘start/stop system fault’ (photograph attached) function unavailable.

 The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality.

 However, the vehicle is clearly not roadworthy.

 You are therefore in breach of contract.

 I am legally entitled to reject the vehicle and to be reimbursed the original purchase price of £xxxx

 I therefore wish to cancel the PCP contract. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you.

 

A copy will be sent to Black Horse Finance.

[just_jue]

I also want to put that everything in writing and that they will not accept telephone conversations regarding this matter.

 

Can the letter be sent via email with a hard copy sent as well?

[BankFodder]

Yes

 

[just_jue]

After reading their reviews I noticed on everyone that had wanted to return a faulty car they put

 

'I am so sorry to hear about your experience with us.

We do have a returns policy for vehicles that are found to have a fault, however, the vehicle would need to be returned to our service centre so that we are able to confirm the fault ourselves before we are able to accept the rejection of the vehicle and issue the customer a refund.

I apologise that it took longer than expected for us to complete this process and issue your refund. I have passed on all of your feedback to the relevant persons who will ensure that our processes are reviewed and improvements are introduced where possible.

Kindest regards,
Big Motoring World'

If you take it back and they diagnose it will that go as accepting a repair?

 

Letters and email sent, Spoke to Black horse and they said go back to the dealership and if Motor World won't help they will raise a quality dispute.

Motorworld automated response says it can take up to 5 working days to respond.

After looking at the paperwork it does say it is HP finance, so looks like we should go after black horse and let them and Motor world fight it out after they have the car back.

[BankFodder]

Did you send the letter of rejection?

[just_jue]

Yes to both by email and recorded post

[BankFodder]

Do you have time and are you able to get it to a another garage simply to get them to confirm that there is a fault. You might get them to have a quick look at it and to give you a quote in writing for the repair so that you understand what the repair might be.

That would be very helpful and then to take it to the dealer with a another copy of your letter of rejection and tell them that you are returning it to them, that the car is rejected, that you have had the full confirmed by an independent garage and that you won't be accepting it back under any circumstances.
You would send a copy of this letter to the HP company as well.
Also I think that you should write directly to the HP company – with a copy to the dealer informing them that the car has now been rejected and returned and is in the hands of the dealer and you now want them to bring the agreement to an end and to refund you all expenses incurred so far and to confirm that the agreement is cancelled

[just_jue]

We are just waiting to see if our local garage has time to carry out a diagnostics today as recommended. 

[SleepTech]

** Update **

diagnostic is to going to be undertaken by ourselves on Monday with our local garage. 
 

Big motoring world have been in contact to explain the letter and email has been received and someone will be in contact in due course. 
 

finance company have also contacted to say that the issues presented are not good enough and they have opened their own investigations and would like a copy of diagnostic to be sent (which it will be sent to finance company and BMWorld.) 

thank you, 

SleepTech 

 

[just_jue]

We have the car booked in this afternoon for a diagnose.

 

BMW Have been in touch and will accept our return as long as their technicians inspect the car and verify the fault but want the car delivered to another site and not the one we collected from.

If their engineers find no fault they won't accept the car back, I just don't trust their mechanics to clear the fault with their computer and say its not showing any problem.

[BankFodder]

Yes it's a difficult situation – but get your own diagnosis done first.

I'm afraid none of these companies like this short-term right to reject provision in the consumer rights act

[just_jue]

Have the print out of the diagnostics now and the errors are:

 

01- Engine Control Module 1 (1 DTC)

13 Adaptive Cruise Control (1 DTC)

17 Instrument Cluster (1 DTC)

19 Gateway 91 DTC)

4B Multi Function Module (1 DTC)

6D Rear Lid Electronics (1 DTC)

 

So more errors - problems than we knew.

[BankFodder]

When is the inspection by BMW?

Are suggested for the moment you don't show them this diagnosis.

I think it will be more useful to compare this one with their one

[BankFodder]

 

[just_jue]

Going to see when we are both free to take the car over.

Good idea about the report. Can I insist that we watch while the car is being diagnosed by their mechanics?