Consumer rights question faulty new car

[Led921900]

Hi all,

Bought a car with £5000 deposit (£1000 on credit card) and remaining on hire purchase.

Within 3 weeks it was back to the dealer with an airbag fault, now 6 weeks later it’s got an engine fault amongst many others. Can’t drive it.

I’ve asked the finance company to reject the car for a refund.

They’ve said as this fault is different from the first they have a right to repair but I thought it was if any other fault appears within the first 6 months? It’s 2 months old with 2000 miles on it!

I’m awaiting their decision on it if they say no considering financial ombudsman or section 75?

Aside from that I’ve been told not to drive the car, can’t get it to a dealer until the 30th September and the manufacturer, dealer, finance company or breakdown company can’t provide a hire car. The manufacturer only will if the dealer confirms the fix is covered by warranty!

What make/model/car is it?

And is it brand new as in a fresh factory ordered-built car vs a (used) but new car to you?

Hi, I’m not sure why make and model matter but it’s Volvo xc40.

It was brand new pickled it up 12th July.
still sitting on my drive broken recovery coming to tow it to local Volvo dealer on the morning!!

Well it matters because some brands, mostly Japanese, like Toyota/Honda/Lexus are reliable - and your Volvo, is a China brand that is far from reliable.

The fact you have a new Volvo and its fucked speaks volumes.

Get your money back and buy a reliable car, not a Chinese one.

Volvo is, of course, Swedish, not Chinese. They have manufacturing facilities in China, but these service the Asian market. Volvos on sale in the UK are manufactured in Sweden. They are middle of the road for reliability of new cars.

Re the law, the dealer is wrong. The specific clause in the law says that you have the right to reject the car if, "after one repair or one replacement, the goods do not conform to the contract". The continued non-conformity does not have to be due to the same fault.

Volvo is sold its soul to China's Geely car maker.

Matters not where their manufacturing facilities are. Volvo IS Chinese and they still produce overpriced and highly unreliable dogshit cars.

You clearly don't like Volvo, but the reality is that they are middle of the road on reliability of new cars - worse than Lexus, Toyota and Honda but better than Alfa Romeo, Audi, Land Rover and BMW.

By the way, it isn't just their manufacturing facilities that are in Sweden. That is where their headquarters are located, where there cars are designed and where they are listed on the stock market. It is, however, true that Ford sold Volvo Cars to Zhejiang Geely Holdings, a Chinese conglomerate, in 2010 and they retain majority ownership.

Ultimately, Volvo's are shit AND notoriously expensive to repair.

As the OP is now finding out.

Middle of the road is meaningless - Volvo is an inferior car maker compared to Lexus/Honda/Toyota. End of discussion.

Anyone buying a China owned Volvo deserves little sympathy.

OP came here for help, not your snide comments. She chose to buy a Volvo. Like all cars, it is generally reliable. There are many non-Chinese-owned brands that are less reliable. Regardless of whether you approve of her choice, her consumer rights apply.

Volvo is, of course, Swedish, not Chinese. They have manufacturing facilities in China, but these service the Asian market. Volvos on sale in the UK are manufactured in Sweden. They are middle of the road for reliability of new cars.

Some UK Volvos are indeed built in China, XC60s in particular.

Volvos are not generally reliable at all. Just ask the OP who bought a new one that is messed up. They languish with the other Euro dogshit like VW, BMW, Mercs, Audi's and other tat.

OP should reject the car, it isnt rocket science.

They languish with the other Euro dogshit like VW, BMW, Mercs, Audi's and other tat.

Can’t disagree with that!

Sounds to me like someone’s sat with their ugly Honda/Toyota/Lexus and is jealous of those driving more luxurious car brands.

😂

There is fuck all luxurious about any overpriced unreliable Chinese tat called Volvo!

Some people....🤦‍♂️🤣

It’s actually a Kia Sportage but I knew whatever I said I was going to get criticised for it so went with a Volvo as a pricier type of car.

Either way, it was towed to a dealer, they can’t get a tool to repair it so estimated time for repair is end of November, on a car that broke down September 18th and I’ve had since July 12th and already had an air bag fault…

Asked for a refund hire purchase company have said no different fault, asked for it based on the inconvenient timeline to repair, they have also said no.

Have raised a section 75 as paid for some of the deposit on my credit card for this very protection and haven’t heard anything of credit card company in two weeks not even to request more details of the correspondence/situation. Have chased them.

I think the finance companies playing chicken and leaving me to go to ombudsman to get it sorted. In meantime Kia gave me ok to hire a car after my car had been broken down for three weeks and I have to claim money back from them. So it’s £45 a day and still haven’t compensated me for the first few weeks car hire. Two months of this will be £2700 on my credit card in hire charges.

ridiculous.

"It’s actually a Kia Sportage but I knew whatever I said I was going to get criticised for it so went with a Volvo as a pricier type of car."

So you lied? And expect help too?

And no, you wouldnt have been criticised for saying it was a Kia Sportage - they are usually very good cars, coupled with the lengthy OEM warranty.

But since you lied...well, no longer inclined to advise you.

Did I lie or did I tell the truth the first time but found the debate about which car it was completely irrelevant given consumer rights law and the fact it’s a new car under 6 months old?

Will leave it to you to work out as don’t need any advice now, in the interim have become a consumer rights expert and well versed in financial ombudsman complaint procedures.

But thanks for your helpful comments anyway :)!

"Did I lie or did I tell the truth the first time but found the debate about which car it was completely irrelevant given consumer rights law and the fact it’s a new car under 6 months old?"

Yes, you lied.

While age of the car is indeed relevant, so is the brand.

If it had been a Volvo or other German car, I could understand why it broke down because usually, they are completely overpriced pieces of shit.

A Kia? Not so much akin to those other cars as they have usually have very good / better reliability ratings. Ergo, in such an instance, you'd have a better outcome for something not expected vis a vis a Volvo etc.

But yeh, you lied. Dress it up whichever way you like but that is the fact.

Complain to the finance company, once you have a response from them or 12 weeks (I think, it may be less) has passed you can go to the FSO. I did and although it took ages they were brilliant, the finance company (Renault in my case) were awful and ignored requests for information from my case worker and dragged it out as much as they could but the FSO sided with me and I was finally able to reject the car, get my full deposit back plus compensation and clear the debt completely.

I will never buy a car on finance again, it was extremely stressful and it was 15 months between the first breakdown and getting my money back.

Why is there a pile on in this thread. All that’s standing out to me is that everyone well most are having a go at the OP for having a Volvo then when she says it’s a Kia for lying. She came here for advice not this.

Trolls going to troll!

Can’t afford not to buy a car on finance! To be honest I think the finance company has rejected it from the dealer but they are saying no so finance company saying no to me.

I think finance company waited 4 weeks to do anything in hope it had been repaired as they initially rejected my request for a refund on the assumption it had been repaired and so they couldn’t “investigate the fault” unfortunately for them the repair is going to take 10 weeks due to parts… so I went back and told them that and they’ve just made up other excuses.

I’m hoping credit card company will give me the refund and I can settle the finance and buy something else. I like the car I just don’t want a “Friday afternoon” one that’s constantly going back to the dealer… it was a 2 week wait to get it back to them in first place (tip - don’t break down at home, everyone is a lot less fussed about helping you out! On the road they would have towed it to nearest dealer I believe!).

Ombudsman seem pretty on it with regards to these complaints and I have right of rejection given it has undergone 1 repair already and regardless that a repair is going to take 10 weeks on a 12 week old car anyway. But it’s just the time it’ll take tp
get it all sorted… which I think
bank/credit card rely on you not bothering.

They keep telling me not to authorise any repairs when I’ve said it’s not under my authority but under the manufacturers warranty and at no point have I authorized anything! Awful behaviour.

I have read if a rejection is refused and it’s repaired the ongoing use of the car doesn’t matter until the ombudsman can enforce a rejection as you were given no choice.

Just a shame those involved acting unlawfully to avoid a refund!!

You haven't offered any advice. Your contributions to this thread have all been about criticising OP's choice of car.

@Led921900 As per my previous post, it doesn't matter that this is a different fault. They don't get one chance to repair per fault. They get one chance to repair. Period. They have had their chance and the car is still faulty. You are entitled to reject the car and receive a full refund less a deduction for the use you have had of the vehicle.

Yes I’ve told them that and quoted motor ombudsman that it’s “any new inherent fault” but no luck.
I think they delay as much as possible so you have to go to ombudsman and then that also takes loads of time I think they’re counting on me giving up! But don’t even have the car back!

Clearly, reading is not your strongest trait.

From my earlier post/comments:

"OP should reject the car, it isnt rocket science."

But yeh, go on and ignore facts like the OP has.