Main Dealer - Vehicle Rejection
Main Dealer - Vehicle Rejection
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MARLBOROLITES

Original Poster:

166 posts

113 months

Wednesday 23rd May 2018
quotequote all
Morning all... I could really do with some advice here, allow me to briefly explain.

I bought an ex-management, very low mileage vehicle last November from a main dealer. An issue with the gear change was quickly identified. The dealer has had 2 opportunities to fix it but has failed. The last occasion saw me without the car for a month. I formally rejected the vehicle at the beginning of March. That was the start of a period of my life I would like to forget frankly.

Cutting a very long story short, I've complied with every requirement of the rejection process. An independent RAC inspection verified the existence of a fault 2 weeks ago. The inspection was arranged by the finance company VWFS. You'd think that would signal the end of a tiresome process.... wrong. The dealer is unwilling to take my car back as he feels that the parent company/importer and the finance company should help mitigate his loss. When I spoke to the finance company, they explained the main dealer is responsible for taking the car back and refunding my deposit. Their view is supported by the parent company/importer.

Yesterday, I emailed the main dealer and basically said come and collect the car and refund my deposit. Up to that point I was happy to consider the dealer swapping me in to a replacement vehicle. But I've taken off my rose tinted spectacles and seen through their bull$4it frankly. Hence "deposit back please!" approach.

It seems the interests of the aggrieved consumer are secondary to behind the scenes squabbling between the dealer, financier and parent/importer. It should never be thus surely? I'm the innocent party here...... What I'd like to do is grab the manager of the main dealer by the neck...... but plod would not look kindly upon that. And the stress this is causing me is unwelcome to say the least.

Despite emailing the CEO of the parent company/importer it's clear that he holds no authority over the franchisee as he appears powerless to enforce resolution.

Any handling suggestions please fellow PHers?

ghe13rte

1,860 posts

146 months

Wednesday 23rd May 2018
quotequote all
Pass keys to dealer with letter of rejection.

Under no circumstances retain or continue to use the vehicle.

If no return of your funds use a solicitor.

TooMany2cvs

29,008 posts

156 months

Wednesday 23rd May 2018
quotequote all
ghe13rte said:
Pass keys to dealer with letter of rejection.

Under no circumstances retain or continue to use the vehicle.
This.

ghe13rte said:
If no return of your funds use a solicitor.
No need for a solicitor. It's a relatively straightforward claim. If it's <£100k, it can be done online - https://www.moneyclaim.gov.uk - but £10k+ won't be small claim track.

Remember, they can take use into account - six months and however many miles - and reduce the refund for that. Your contract is with the dealer, and only the dealer, so they're the only ones you have a claim against. Whether they then persuade the importer to cover their costs is their problem...

You say "deposit returned" - is the car on finance? If so, get onto the finance company, as you have rights there, too.

andymc

7,621 posts

237 months

Wednesday 23rd May 2018
quotequote all
if its the same fault is that not classed as on ongoing fix?

MARLBOROLITES

Original Poster:

166 posts

113 months

Wednesday 23rd May 2018
quotequote all
Thanks for both your replies and the advice offered.

The vehicle is on a 4 year PCP. I've fully involved the finance company (who are the official financier for the VAG Group) who are supportive of my rejection and are applying pressure on the dealer alongside the customer resolution team acting on behalf of the parent company/importer. The reason I've not yet returned the car is the dealer has been dangling the 'finding me a replacement vehicle' carrot under my nose these last couple of months. The only vehicle it offered me was a replacement costing double of the one I originally purchased which was never a viable option.

If it was possible to anticipate where this has gone I'd have left it and the keys with them after the last abortive fix. As the main dealer is so far away I requested the come and collect the vehicle. This follows its failure to honour the reimbursement of my travelling costs for returning it for a further (in my view unnecessary!) inspection a while back. They were advocating an opinion that the clunky, imprecise, noisy gear change was a characteristic of that particular 6 speed gearbox. RAC disagreed thankfully.

The dealer appears impervious to any pressure being applied. It's a franchise I know but surely it shouldn't be able to stick 2 fingers up to the parent/importer of the vehicles it sells?


TooMany2cvs

29,008 posts

156 months

Wednesday 23rd May 2018
quotequote all
MARLBOROLITES said:
The reason I've not yet returned the car is the dealer has been dangling the 'finding me a replacement vehicle' carrot under my nose these last couple of months. The only vehicle it offered me was a replacement costing double of the one I originally purchased which was never a viable option.
You've got a strong argument that that constitutes tacit acceptance of the issues, at the very least.

MARLBOROLITES said:
As the main dealer is so far away I requested the come and collect the vehicle.
That's not really their problem, though - it's part of what you need to consider when buying from a distance away.

MARLBOROLITES said:
The dealer appears impervious to any pressure being applied. It's a franchise I know but surely it shouldn't be able to stick 2 fingers up to the parent/importer of the vehicles it sells?
That's a separate issue to your rejection. Your contract is with the dealer. Your rights are against the dealer. Their relationship with their supplier are their problem.

MARLBOROLITES

Original Poster:

166 posts

113 months

Wednesday 23rd May 2018
quotequote all
Thanks very much indeed for your advice. It really is appreciated.

Sheepshanks

41,079 posts

149 months

Wednesday 23rd May 2018
quotequote all
MARLBOROLITES said:

The dealer appears impervious to any pressure being applied. It's a franchise I know but surely it shouldn't be able to stick 2 fingers up to the parent/importer of the vehicles it sells?
When I had an issue with VW the dealer avoided talking to VW UK for a month, to VW UK's obvious frustration. I thought that, and the fact that the dealer had lied to me in writing, might help my case. But it didn't. VW just left it up to the dealer to resolve, which of course they didn't.

VWs position seems to be that they empower dealers to make decisions. Which is kind of ridiculous if they don't then support the dealers decision and leave them to pick up the tab.


If the dealer is part of a group, then try the brand manager / director or whatever at group HQ.


Is it a DSG? We have a DSG Tiguan and reading the Tiguan forums I'm surprised you're being messed about if the dealer recognises a fault - normally what seems to happen fairly quickly even for apparently minor clunks, is the entire gearbox gets replaced.


MARLBOROLITES said:
The only vehicle it offered me was a replacement costing double of the one I originally purchased which was never a viable option.
On a fairly new car, how did there manage to be that much difference?

By the way, ex-management is often in reality ex-daily rental.

Mr Trophy

6,811 posts

233 months

Wednesday 23rd May 2018
quotequote all
My step father has just done this with his RR.

He's got all his monthly payments back (£33K), they're clearing the finance, taking the car back and have given him compensation (£250) hehe

MARLBOROLITES

Original Poster:

166 posts

113 months

Wednesday 23rd May 2018
quotequote all
Mine is a 6 speed manual, 4x4. Syncros 1 - 5 were replaced in an attempt to fix the problem.

The car I was offered was a well spec'd, almost new large SUV vehicle. A significantly pricier vehicle than the one I originally purchased. The monthly payment would have doubled if I had agreed to the deal. No other vehicles were offered, probably on account of me stipulating 4x4 capability. My car isn't that common it seems....neither manual nor DSG.

I had confirmation that the vehicle was never an ex-rental when purchasing. It was as new when purchased with less than 4000 miles on the clock. It certainly didn't feel nor look like an ex-rental.

LDN

9,313 posts

233 months

Wednesday 23rd May 2018
quotequote all
Mr Trophy said:
My step father has just done this with his RR.

He's got all his monthly payments back (£33K), they're clearing the finance, taking the car back and have given him compensation (£250) hehe
I’m guessing you mean Range Rover and not Rolls Royce?

If so, Land Rover dealers or ‘normally’ quite good with this stuff. Not always, but often. I had an ex-demo Discovery Sport for a while, then I noticed a ticking noise: which turned out to be from a manufacture fault with regard the steel used in the b pillars. Not a safety issue; just an annoyance.

The main dealer came and got the car; confirmed the issue; tried to fix it with a first stage fix (which I agreed to) but that didn’t do it. The second stage fix; I refused to allow... because it meant the whole interior out; windows out; glass roof out and then some weld work. The main dealer chap agreed with me that; whilst it was policy to do this fix; I shouldn’t have to have that done to a ‘nearly’ brand new car; and he did the right thing. Despite my use of the car for some time; I got a full refund.

Not all dealers are that good though frown

Triple7

4,015 posts

267 months

Wednesday 23rd May 2018
quotequote all
I rejected a LR through LRFS (finance company), surprised you are still dealing with the dealership, as the car is outta their hands and it should be finance company returning your finds?

LRFS (Blackhorse) were brilliant. I had all my money aside a modest fee for usage and even the cost back of having my LR bing valeted and ceramic coated. Went straight out and bought another LR on a PCP. No brainer.

Good luck

mcpoot

1,622 posts

137 months

Wednesday 23rd May 2018
quotequote all
If you've exhausted all avenues with the dealer and it sounds like you have the next step before court is to try an Alternative Dispute Resolution body. The decision of some of these bodies is binding on the retailer and in some cases they can also award compensation. Plus courts like to see you have tried every possible method to resolve the situation.

Have a look at this link for more info. The dealer's website should state in their complaints section whether they are a member of an ADR in which case use that one otherwise select an appropriate one from the list.

https://www.citizensadvice.org.uk/scotland/consume...

Helicopter123

8,831 posts

186 months

Thursday 24th May 2018
quotequote all
LDN said:
Mr Trophy said:
My step father has just done this with his RR.

He's got all his monthly payments back (£33K), they're clearing the finance, taking the car back and have given him compensation (£250) hehe
I’m guessing you mean Range Rover and not Rolls Royce?

If so, Land Rover dealers or ‘normally’ quite good with this stuff. Not always, but often. I had an ex-demo Discovery Sport for a while, then I noticed a ticking noise: which turned out to be from a manufacture fault with regard the steel used in the b pillars. Not a safety issue; just an annoyance.

The main dealer came and got the car; confirmed the issue; tried to fix it with a first stage fix (which I agreed to) but that didn’t do it. The second stage fix; I refused to allow... because it meant the whole interior out; windows out; glass roof out and then some weld work. The main dealer chap agreed with me that; whilst it was policy to do this fix; I shouldn’t have to have that done to a ‘nearly’ brand new car; and he did the right thing. Despite my use of the car for some time; I got a full refund.

Not all dealers are that good though frown
Well, RR dealers get enough practice, they should be good at it.

Helicopter123

8,831 posts

186 months

Thursday 24th May 2018
quotequote all
Sheepshanks said:
By the way, ex-management is often in reality ex-daily rental.
^This

LDN

9,313 posts

233 months

Thursday 24th May 2018
quotequote all
Helicopter123 said:
LDN said:
Mr Trophy said:
My step father has just done this with his RR.

He's got all his monthly payments back (£33K), they're clearing the finance, taking the car back and have given him compensation (£250) hehe
I’m guessing you mean Range Rover and not Rolls Royce?

If so, Land Rover dealers or ‘normally’ quite good with this stuff. Not always, but often. I had an ex-demo Discovery Sport for a while, then I noticed a ticking noise: which turned out to be from a manufacture fault with regard the steel used in the b pillars. Not a safety issue; just an annoyance.

The main dealer came and got the car; confirmed the issue; tried to fix it with a first stage fix (which I agreed to) but that didn’t do it. The second stage fix; I refused to allow... because it meant the whole interior out; windows out; glass roof out and then some weld work. The main dealer chap agreed with me that; whilst it was policy to do this fix; I shouldn’t have to have that done to a ‘nearly’ brand new car; and he did the right thing. Despite my use of the car for some time; I got a full refund.

Not all dealers are that good though frown
Well, RR dealers get enough practice, they should be good at it.
Hehe; well, as a ratio you may be right. But there was some stat; Audi, VW sell a lot more cars and therefore actually have more customers complaints and return requests to deal with; so you’d think that they were the ones with the practice!

NDA

25,631 posts

255 months

Thursday 24th May 2018
quotequote all
As pointed out above, your contract is with the dealer - this is where it starts and stops. Involving anyone else is only going to make the dealer think he has a way out.

Communication is key - i.e. unequivocal letters to the dealer saying you reject the car and referring to the problems and your rights to reject it. A timescale during which you expect your money to be refunded and suggesting you will take action if they are not.... perhaps even a copy to the local Trading Standards office might be appropriate.

Take the car back - park it on their forecourt, return all keys - photograph the car in situ.


MARLBOROLITES

Original Poster:

166 posts

113 months

Thursday 24th May 2018
quotequote all
Thanks for all your interest and advice. I'll update later on events of yesterday. To whet apetites....seems the dealer concerned has misrepresented facts. Blatantly lied in fact. Which consequently impacted on RAC appraisal.

This forum rocks!!

stut4

172 posts

177 months

Thursday 24th May 2018
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@marlborolights

do you have legal cover on your home insurance?
if so, speak with them. its free. i used my own cover when someone tried to sue me for a 2nd hand car i sold privately and they were very helpful. basically told me what to do and what not to do.

stut4

172 posts

177 months

Thursday 24th May 2018
quotequote all
ps. have you spoke with Skoda customer relations? the girl i spoke with re my failed steering rack seem to have a bit of clout with the dealer on getting it resolved asap.