Rejecting a new car
Discussion
Firstly, let's get this out there, this is not me. I'm just interested in the legal position.
A friend of mine (yes, really I do have friends!) was telling me about how she had bought a brand new motor the other day. After taking delivery of it she noticed that 1 it is filthy inside, and 2 there are dents and scratches in the body work. The dealer has said that 1 - they will either valet it at a later date (fair enough) or do it yourself, 2. they will only allow her to book the car in to have it repaired.
She wants a replacement vehicle which is fair enough in my opinion as it is a brand new vehicle and should not come damaged. But the dealer says "no chance - go to a solicitor if you want that!"
I (rightly or wrongly) thought that you had the right to reject the car within the 1st 30 days. Is that not true? What can she do about this?
thanks for the help guys.
A friend of mine (yes, really I do have friends!) was telling me about how she had bought a brand new motor the other day. After taking delivery of it she noticed that 1 it is filthy inside, and 2 there are dents and scratches in the body work. The dealer has said that 1 - they will either valet it at a later date (fair enough) or do it yourself, 2. they will only allow her to book the car in to have it repaired.
She wants a replacement vehicle which is fair enough in my opinion as it is a brand new vehicle and should not come damaged. But the dealer says "no chance - go to a solicitor if you want that!"
I (rightly or wrongly) thought that you had the right to reject the car within the 1st 30 days. Is that not true? What can she do about this?
thanks for the help guys.
simonbrooks said:
Firstly, let's get this out there, this is not me. I'm just interested in the legal position.
A friend of mine (yes, really I do have friends!) was telling me about how she had bought a brand new motor the other day. After taking delivery of it she noticed that 1 it is filthy inside, and 2 there are dents and scratches in the body work. The dealer has said that 1 - they will either valet it at a later date (fair enough) or do it yourself, 2. they will only allow her to book the car in to have it repaired.
She wants a replacement vehicle which is fair enough in my opinion as it is a brand new vehicle and should not come damaged. But the dealer says "no chance - go to a solicitor if you want that!"
I (rightly or wrongly) thought that you had the right to reject the car within the 1st 30 days. Is that not true? What can she do about this?
thanks for the help guys.
I think the car dealer's done her a favour. Seek legal advice. Do not use the vehicle. Seek refund/cancellation of PCP etc. from dealer, go elsewhere. A friend of mine (yes, really I do have friends!) was telling me about how she had bought a brand new motor the other day. After taking delivery of it she noticed that 1 it is filthy inside, and 2 there are dents and scratches in the body work. The dealer has said that 1 - they will either valet it at a later date (fair enough) or do it yourself, 2. they will only allow her to book the car in to have it repaired.
She wants a replacement vehicle which is fair enough in my opinion as it is a brand new vehicle and should not come damaged. But the dealer says "no chance - go to a solicitor if you want that!"
I (rightly or wrongly) thought that you had the right to reject the car within the 1st 30 days. Is that not true? What can she do about this?
thanks for the help guys.
Not sure why she collected from the dealer it if it was minging inside and was covered in dents/scratches. That's the point there can be no arguments about condition.
WaferThinHam said:
I think the car dealer's done her a favour. Seek legal advice. Do not use the vehicle. Seek refund/cancellation of PCP etc. from dealer, go elsewhere.
Not sure why she collected from the dealer it if it was minging inside and was covered in dents/scratches.
This. No way would I be driving off. By doing that you're accepting the car.Not sure why she collected from the dealer it if it was minging inside and was covered in dents/scratches.
simonbrooks said:
She took the car as she didn't initially notice the dent. She did when she got home. They are not just "stone chip" type dents though. She's a muppet for not doing an all round check before accepting it though.
And didn't notice that it was dirty inside? Dealer will just say the dent must have occured on the way home. As you can see by this signed document saying it was in satisfactory condition when collected. (I assume she signed something).
Thanks for the help so far folks.
I cannot comment on why she took the car, I'm only going on what she has said so far. She took the car as they wouldn't clean it there and then and she needed a car. She lives less than 5 mins from the dealers. As I said they are NOT stone chip dents.
If she isn't able to reject then fair enough, it will be a lesson for her to check the car properly before accepting it.
I cannot comment on why she took the car, I'm only going on what she has said so far. She took the car as they wouldn't clean it there and then and she needed a car. She lives less than 5 mins from the dealers. As I said they are NOT stone chip dents.
If she isn't able to reject then fair enough, it will be a lesson for her to check the car properly before accepting it.
simonbrooks said:
Thanks for the help so far folks.
I cannot comment on why she took the car, I'm only going on what she has said so far. She took the car as they wouldn't clean it there and then and she needed a car. She lives less than 5 mins from the dealers. As I said they are NOT stone chip dents.
If she isn't able to reject then fair enough, it will be a lesson for her to check the car properly before accepting it.
If she can't reject then they must make her complete as to prior the deal when she wanted a brand new car, not something that looks like it completed a rally stage before the handover.I cannot comment on why she took the car, I'm only going on what she has said so far. She took the car as they wouldn't clean it there and then and she needed a car. She lives less than 5 mins from the dealers. As I said they are NOT stone chip dents.
If she isn't able to reject then fair enough, it will be a lesson for her to check the car properly before accepting it.
What she might not be able to do is reject based on if they complete the work and put it to like new condition.
Is this anew ( 18 plate) car
or
new to her
Why do people accept cars in such a state, I'll be honest id prefer to not collect a car on time and use a taxi or bus for a few days as it's less hassle than trying to get a dealer to do something later
I once went to pick up a second hand car, where we had agreed to swap a wheel and tyre, it had once ditch finder and 3 premium tyres.
Wasn't done when I got there, same story, can do it now mechanics leaving, at 3:30 in an afternoon, right.
Suggest sales man do it or I'd be gone, suprising how a mechanic appeared.
or
new to her
Why do people accept cars in such a state, I'll be honest id prefer to not collect a car on time and use a taxi or bus for a few days as it's less hassle than trying to get a dealer to do something later
I once went to pick up a second hand car, where we had agreed to swap a wheel and tyre, it had once ditch finder and 3 premium tyres.
Wasn't done when I got there, same story, can do it now mechanics leaving, at 3:30 in an afternoon, right.
Suggest sales man do it or I'd be gone, suprising how a mechanic appeared.
Not a BMW is it?
"...A further 3,500 needed servicing and checks before they could be distributed to retailers in Britain..."
"...A further 3,500 needed servicing and checks before they could be distributed to retailers in Britain..."
simonbrooks said:
For clarity, it is a brand new 2018 car. No previous owners. Bought direct from the main dealer.
weird that A. they'd not cleaned it and B. were in no hurry to do so.I've never picked up a new car that hasn't been spotless - in fact earlier this year he'd kept it round in the workshop rather than park it outside in the rain until we were about to get in it.
silentbrown said:
Bizarre. Even if unregistered, could it still have been used as a demonstrator?
Customer satisfaction survey is unlikely to go well....
Milleage make and model would be good.Customer satisfaction survey is unlikely to go well....
Also it could be 6 months plus old and been sat in a dealers compound and only now registered and sold.
When I was in car sales 15 years ago you would be surprised some of the ways new cars are stored in muddy compounds, if its a ford or vauxhall I haver seen many with damage and mud inside.
Why do you think some more premium cars com in white protective covers with little windows in and flim over the interior! In germany some cars are stored in flithy compounds and transported on very tight train car transporter carriages.
silentbrown said:
Bizarre. Even if unregistered, could it still have been used as a demonstrator?
Customer satisfaction survey is unlikely to go well....
Might be a not massively desirable model that some dealer got lumped with as a stock unit. It's been moved around a compound for months and got dirty and parking dings. Some salesman has shifted it on fast turn around deal the end of July and they haven't prepared it properly.Customer satisfaction survey is unlikely to go well....
I always got at least an extra £50 commission (more if it had been around 6 months) selling a manufacturer stock allocated car, ie one we got given as stock but we didn't order or have a say over. I remember on a 52 plate we ended up with a brace of preface lift ford focus 1.8 lx's and they hung around like a bad smell. When ford facelifted the focus in late 2001 the lx got a new look and alloys as standard and we had blue and solid red wheel trimmed examples no one wanted. Plus mk1 /1.5 focui sold better in 1.6 gize on Ghia and LX spec.
Answer seems clear enough here
From that link:
"30-day quibble-free refund period
The 2015 Consumer Rights Act has made things simpler for car buyers.
In the first 30 days of ownership, you now have the right to reject an unsatisfactory car and are entitled to a full refund. So if you’re really unhappy with the car, whether it’s poor paintwork, a mechanical fault that renders it unworthy for the road, or the wrong gearbox, it’s vital that you don’t delay and reject the car within the 30-day window."
I would say an actual dent qualifies as poor paintwork.
From that link:
"30-day quibble-free refund period
The 2015 Consumer Rights Act has made things simpler for car buyers.
In the first 30 days of ownership, you now have the right to reject an unsatisfactory car and are entitled to a full refund. So if you’re really unhappy with the car, whether it’s poor paintwork, a mechanical fault that renders it unworthy for the road, or the wrong gearbox, it’s vital that you don’t delay and reject the car within the 30-day window."
I would say an actual dent qualifies as poor paintwork.
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