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Legal matters

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have you ever sent a new car back to the dealer?

14 replies

mckenzie · 03/12/2015 18:04

What's the legal stand point I wonder?

I've had the car since mid October and within 2 weeks there was an issue where while stationary at a red traffic light, in drive with my foot on the brake, the whole car suddenly shut down!
I restarted it and it was fine. It happened again 2 weeks later while I was waiting, in reverse, to park the car.
The last week, while again waiting at some lights but this time on a hill, in Drive, font on the brakes and as I put my foot on the accelerator to pull away, the car instead rolled backwards. I went into neutral then back into Drive and it did it again.

Diagnostic testing that they did yesterday has shown that there is "nothing wrong with the car". They asked to let their Quality Manager drive it home and back to work to see if he could find a fault but of course, they called today to say it was all fine.

I've got a courtesy car at the moment so I am mobile and I today told them that I want my money back.
Does anyone have any experience of this?
The car has been in the motoring press a lot recently apparently because of problems with the engines although i don't know what specific problems.

TIA

OP posts:
DontMindMe1 · 03/12/2015 20:46

you can do a Voluntary Termination of your contract, just speak with whoever you have taken finance out with.

mckenzie · 04/12/2015 08:32

Thanks for replying don'tmindme.
I didn't take finance, I paid cash. Does that make a difference?

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specialsubject · 05/12/2015 15:21

no. Reject it formally - sounds like an overcomplicated lemon.

here's one of the many articles on the subject:

www.autoexpress.co.uk/car-news/consumer-news/34744/rejecting-a-new-or-used-car-top-tips

mckenzie · 05/12/2015 21:18

Thanks SS.
I emailed the Head of Business at the dealership on Thursday morning and had a call from the salesman asking for all the details. I suggested, politely, that he speak to his service department who have all the records.
I've heard nothing since.

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specialsubject · 05/12/2015 22:10

keep chasing; they've every incentive to do nothing. What a pain for you, hope it gets sorted.

Cockbollocks · 05/12/2015 22:15

I had this with a mini, constantly in the dealership being 'repaired' although they could never actually work out what was wrong.

They knew there was something wrong as it was a noise, but couldn't fix it.

One morning the day after they gave it back to us 'fixed' it obviously wasn't, I went in and refused to leave the managers office until they took the car back, i went completely nuclear on a busy Saturday afternoon (I wasn't horrible, just laid out the facts and that I was not accepting any more rubbish). People were looking and the manager was clearly wishing he did not have a completely glass office!

They took it back!

MsAdorabelleDearheartVonLipwig · 05/12/2015 22:52

If it had a fault it would have logged in the cars computer diagnostic system. If they're saying there's nothing wrong with it, it's because it hasn't logged a fault. They need to keep it for a long time and wait and see if it does it to them.

New cars are an absolute pain in the arse. I used to work in a car dealership and new cars always have teething troubles. I never ever buy a car brand new, I always wait until it's been run in for a year or two.

mckenzie · 06/12/2015 08:56

Thanks for the replies.
Trust me MsAdorebelle, there is a fault. I didn't make up what happened!!

I've been researching on line and this car, which is a new car to the range, has been having lots of issues and it turns out there is a backlog of deliveries of new cars because they are holding the cars back while they sort out the issues.
Why they didn't hold my one back, who knows. Sad

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MsAdorabelleDearheartVonLipwig · 06/12/2015 11:29

Ha ha no, that's not what I meant, I meant it probably doesn't have a fault code programmed in for that so they don't know what you're on about.

You need to get back to the dealer and say you know all about the backlog of cars and you don't want a faulty car and unless they refund you you'll have to speak to trading standards or something. That's bloody sneaky, continuing to sell something that's known to be faulty.

mckenzie · 06/12/2015 11:52
Smile
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ElsieMc · 06/12/2015 14:52

I had this a few years back. Continually returning and dealership telling me there were no problems. My husband even told them exactly what it was but they said it did not show up on diagnostics. It was air in the fuel tank which gave the sound of being followed by a motorbike. Now my dd is having problems with the same brand dealership. A used car that has been back every single week since September. She should have rejected it outright. Again, they say no problems on diagnostics. Problem is engine light is coming on and it is suffering engine failure fgs.

Let us know how you get on as I don't want to hijack your thread.

mckenzie · 11/12/2015 18:35

Yippee! Finally the dealership have agreed to give me a full refund. Grin

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MsAdorabelleDearheartVonLipwig · 11/12/2015 18:39

Oh well done! Result. 😄

mckenzie · 12/12/2015 07:40

Trouble is, I have to give the replacement courtesy car back that I've been driving Grin
It's going to leave me carless while I sort out a replacement so
I'm off to investigate a month's car hire.

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