Who is liable, dealer or manufacturer?
Discussion
Can anyone advise who might be liable for losses if my wife is forced to return her 5 month old Kia EV Niro and cancel the finance agreement due to faults?
Car has been plagued with problems with the satnav and management system. Initially the dealer didn’t have a clue as to how to tackle the problems with the satnav and database, kept referring it to KIa UK. After 5 months nobody at Kia UK other than a customer service advisor has replied, simply saying if you don’t like the satnav, use google maps!
Dealer has been helpful, but stumped and agrees that the car has issues, will not navigate correctly or hold a route without reprogramming itself. However they can’t fix it and despite an update, it has made no difference. She has told the dealer she wants rid of it as they can’t even find an instruction book themselves, let alone diagnose why it drops routes or tries to navigate down farm tracks. a lot of these are linked to the EV management side.
Legally who is liable for her losses if she hands the car back?
Finance company are saying there will be penalty charges. We have bought a towbar, dashcam hardwired in and other stuff.. £2-3k is what she looking at being out of pocket.
Dealer agrees they can’t fix it but don’t want to pay for her losses in cancelling the finance or buying a towbar she can’t use.
Kia UK just refuse to answer any mail, including an LBA she was advised to send which has been ignored.
Car has been plagued with problems with the satnav and management system. Initially the dealer didn’t have a clue as to how to tackle the problems with the satnav and database, kept referring it to KIa UK. After 5 months nobody at Kia UK other than a customer service advisor has replied, simply saying if you don’t like the satnav, use google maps!
Dealer has been helpful, but stumped and agrees that the car has issues, will not navigate correctly or hold a route without reprogramming itself. However they can’t fix it and despite an update, it has made no difference. She has told the dealer she wants rid of it as they can’t even find an instruction book themselves, let alone diagnose why it drops routes or tries to navigate down farm tracks. a lot of these are linked to the EV management side.
Legally who is liable for her losses if she hands the car back?
Finance company are saying there will be penalty charges. We have bought a towbar, dashcam hardwired in and other stuff.. £2-3k is what she looking at being out of pocket.
Dealer agrees they can’t fix it but don’t want to pay for her losses in cancelling the finance or buying a towbar she can’t use.
Kia UK just refuse to answer any mail, including an LBA she was advised to send which has been ignored.
Whoever her contract is with
That rules out the manufacturer
Depending on the type of finance her agreement may actually be with the finance company and she may now be wasting her time faffing around with the dealer. Do some reading up on car finance and who the contract would be with.
Read up on the Consumer Rights Act 2015 - if you don't reject within 30 days then you fall back on the right to repair/replace or partial refund.
That rules out the manufacturer
Depending on the type of finance her agreement may actually be with the finance company and she may now be wasting her time faffing around with the dealer. Do some reading up on car finance and who the contract would be with.
Read up on the Consumer Rights Act 2015 - if you don't reject within 30 days then you fall back on the right to repair/replace or partial refund.
ScoobyChris said:
Can you claim for “losses” on stuff you chose to buy for the car?
You can claim for anything you like. Obviously you might not be successful.Often there's a charge for use of a rejected car but no financial recogniton of all the hassle.
In the OPs case could be tricky if push-comes-to-shove if the issues are mainly about the sat nav etc - if the car still works as a car then the fit-for-purpose argument fails.
No idea if they're any good but I've seem this outfit referred to a few time: https://rejectmy.com/reject-my-car/
BertBert said:
So, how's the car? Does it drive well, have the comfort you want, the range you want, the carrying capacity you'd hoped for?
But the sat nav is a bit s
t? Really, that's a reason to get all car-rejecty?
It would be for me. On a new car, if I'm paying several hundred pounds a month for it, everything should work perfectly. But the sat nav is a bit s
t? Really, that's a reason to get all car-rejecty?DSLiverpool said:
Who wired in the dashcam and coukd it be a factor?
That is exactly what crossed my mind.? The Finance Co and Dealer are also perfectly within their rights to insist the car be put back to "as is" condition witn no sign of any extras been fitted,plus the standard FCA regulated mileage deductions will apply on rejection.TwigtheWonderkid said:
BertBert said:
So, how's the car? Does it drive well, have the comfort you want, the range you want, the carrying capacity you'd hoped for?
But the sat nav is a bit st? Really, that's a reason to get all car-rejecty?
It would be for me. On a new car, if I'm paying several hundred pounds a month for it, everything should work perfectly. But the sat nav is a bit s
t? Really, that's a reason to get all car-rejecty?Have you driven an identical car and found that one to be fine?
i.e. is this a software bug/feature/failing or is it an actual fault with this one vehicle only?
If it is fine on another instance of the same car, then I would think your best option is to 'swap' it for another. I expect some money will need to change hands at this point.
i.e. is this a software bug/feature/failing or is it an actual fault with this one vehicle only?
If it is fine on another instance of the same car, then I would think your best option is to 'swap' it for another. I expect some money will need to change hands at this point.
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