Legal advice - rejecting a new car
Discussion
Hi,
Hoping for some legal advice.
On 12th August, my wife too delivery of a brand new fully speced Toyota GT86, bought through Toyota PCP via a franchised Toyota dealer in Swansea.
On 28th August with just 423 miles on it, the car suffered a brake system fault. Lots of warning lights including one which said don't drive it.
Toyota assistance were called, AA attended, did some checks, said it was ok to drive away but needed to take it to the dealer on the Tuesday after the BH. She called the service dept on Saturday to advise them of this.
Car goes in, needs a new ABS pump / module. After two days worth of faffing, Toyota told the dealer not to change the part after all but to check the connections & run it in test mode.
They gave her a Yaris while her car was off the road & guaranteed the car was fixed when they gave it back to her.
Tonight, at 600 miles, the exact same fault reoccurred. She again spoke to the rather inept customer services who said she needs to speak to the dealer principal in the morning.
As far as we're concerned, this is a 3 strikes and out deal. Two have gone!
So, where do we stand with withholding the first £515 PCP monthly payment & how do we clearly indicate our intention to reject should the car not be fixed?
We have neither the time nor inclination to chase a faulty car. This replaced a 10 year old Alfa GT V6 but has given us more grief in a month than that car did in years.
So much for Toyota reliability!
Gutted to be fair.
Help & advice welcomed.
Thanks,
Simon
Hoping for some legal advice.
On 12th August, my wife too delivery of a brand new fully speced Toyota GT86, bought through Toyota PCP via a franchised Toyota dealer in Swansea.
On 28th August with just 423 miles on it, the car suffered a brake system fault. Lots of warning lights including one which said don't drive it.
Toyota assistance were called, AA attended, did some checks, said it was ok to drive away but needed to take it to the dealer on the Tuesday after the BH. She called the service dept on Saturday to advise them of this.
Car goes in, needs a new ABS pump / module. After two days worth of faffing, Toyota told the dealer not to change the part after all but to check the connections & run it in test mode.
They gave her a Yaris while her car was off the road & guaranteed the car was fixed when they gave it back to her.
Tonight, at 600 miles, the exact same fault reoccurred. She again spoke to the rather inept customer services who said she needs to speak to the dealer principal in the morning.
As far as we're concerned, this is a 3 strikes and out deal. Two have gone!
So, where do we stand with withholding the first £515 PCP monthly payment & how do we clearly indicate our intention to reject should the car not be fixed?
We have neither the time nor inclination to chase a faulty car. This replaced a 10 year old Alfa GT V6 but has given us more grief in a month than that car did in years.
So much for Toyota reliability!
Gutted to be fair.
Help & advice welcomed.
Thanks,
Simon
>sigh<
Let me get this straight.
One fault occurs, which the dealer tries to fix and mis-diagnoses, and you're talking rejection?
Tell them to replace the faulty unit and I'm sure it will be fixed. If it isn't, discuss being compensated in another way
I expect you'd have to get further down the fix-repair road before having any hope of legally rejecting the car.
As for withholding your finance payment, his needs to be agreed to by Toyota Financial Services BEFORE you do it, by means of a commercial decision on their part, otherwise you risk defaulting.
Let me get this straight.
One fault occurs, which the dealer tries to fix and mis-diagnoses, and you're talking rejection?
Tell them to replace the faulty unit and I'm sure it will be fixed. If it isn't, discuss being compensated in another way
I expect you'd have to get further down the fix-repair road before having any hope of legally rejecting the car.
As for withholding your finance payment, his needs to be agreed to by Toyota Financial Services BEFORE you do it, by means of a commercial decision on their part, otherwise you risk defaulting.
V8LM said:
OT - what are the rights re rejecting a car that is on finance/PCP? AFAIK, the purchaser of the said car is the finance company; so are they the only ones who can reject the car?
My wife will speak to the dealer principal, Toyota Customer Services & Toyota Financial Services tomorrow.
calibrax said:
Well, it seems to me that the OP has suddenly realised that £515 a month is a hell of a lot to pay out, and is suffering from buyer's remorse... and therefore looking for an easy way out of the deal.
It seems to me that the buyer has a brand new car which has had a major breakdown twice and he doesn't wnat a car that is going to be full of hassle.If the car is on a finance deal you need to check who owns it - it will probably be the finance company if it is on hire purchase so you ened to have any major discussions with them.
By the way the new Consuemr Rights Act which comes in to force in October 2015 clearly gives retailers ONE chance to fix faulty goods - that is a clear indication by Parliament that consuemrs should not end up in a cycle of constant repairs.
calibrax said:
Well, it seems to me that the OP has suddenly realised that £515 a month is a hell of a lot to pay out, and is suffering from buyer's remorse... and therefore looking for an easy way out of the deal.
Well, it seems to me that some people on here make massive assumption and come across as complete d
heads.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff