Help Please - Car Issues / Consumer Rights & Legal Recourse
Discussion
Hi,
Very much hoping I can get some help with this and shall try and draw out the timeline as well as possible. I'm wondering if I have any further recourse and how to play things moving forward. Don't want to be any more specific than the below for the time being for obvious reasons.
Car collected mid October 2019
The car was 1 year old at this point with 500 miles on the clock
It is a sports car bought from a main dealer - cost £50k
Not the sort of car I (or most people) ever going to put many miles on - now at around 1250 miles.
The car had been detailed in accordance with a recommendation from the salesman at the point of collections for c. £500 and I had paid the detailer directly albeit the dealer had made all arrangements (pick up / drop off etc).
3 days after collection I reported a ad rattle to the dealer (my salesman) over the phone and followed this up with an email at the start of November (well within 30 days / after about 20 days). It was agreed over the phone and in email that this would be sorted over the coming weeks when convenient as I had an appointment for the car to get PPF.
The car however then went off for some PPF w at a cost of c. £1500.
Car back from PPF mid November. The rattle(s) (now two rattles) start getting worse and the car was dropped into the dealer at the end of November to get fixed - about 6 weeks after I collected it.
This had no effect at all and the rattles remained as bad as ever which I informed the dealership immediately. I was away on work and on holiday in Dec-19 / Jan-20 and things were picked back up in mid Jan and I offered to take the car back in at the beginning of February to go out on a drive to identify the rattle with a mechanic / technician.
Frustratingly the problem is to a degree intermittent and as I couldn't 'get it going' the mechanic said he didn't have time to come out with me. This didn't go down that well particularly as we have subsequently found it seems to be better / worse dependent on if the car is warmed u and if someone is in the passenger seat! Salesman agreed not handled well at their end.
Emailed dealership saying rattles remain and were at full tilt on the way home that night. Busy February and holiday at end of the month.
Whilst on said holiday in March I contacted the dealer to say that I had had enough and that every time I drive the car it was was not a pleasurable experience and this had been pointed out from day one.
The dealer advised the car could be bought back for c. £42k or it could be left back at the dealership to try and fix it.
With the prospect of a £10k hit inc PPF & detailing surprisingly I took the latter option.
The car was dropped off at the dealers around 2 weeks ago and I sent a long email outlining the time line etc. I also attached audio files and videos demonstrating the rattles which are now at an all time high volume. It was agreed the technician would drive it to and from work to ensure the issue could be identified. Clearly I wasn't delighted with this approach but needs must,
Last week after chasing I had an update basically saying the problem had been found and it was being worked on.
As usual no one bothered to contact myself with an update albeit I had been expecting one yesterday at the latest and I contacted the dealer following Boris' lock-down message.
They confirmed it's not fixed yet (apparently one rattle is and the other isn't) and that I could pick it up if I needed it in the next few weeks. As I don't need the car and it isn't by thir own admission fixed 100% I told them they could hold onto it.
Thus the car will now remain at the dealers for at least another 3 weeks with nothing being done. Clearly no ones fault.
I advised that current circumstances put to one side, I have lost all faith in the car and brand (no issue with the salesman or technicians who are clearly trying their best). I don't really want the car back at this point but am not prepared to take a £10k hit over 5 months and 500 miles.
Note
o Both detailing & PPF wouldn’t have been undertaken had I a) anticipated these issues b) not seen the car as a long-term ownership proposition
o I have confirmed to the dealer that had I known of these issues I would have rejected the car within 30 days under consumer rights
Given the above timeline do I have any scope to pursue things legally with an aim being of my getting my money back for the car (or much closer to what I paid) or not? If so, how would I go about things?
Cheers
Very much hoping I can get some help with this and shall try and draw out the timeline as well as possible. I'm wondering if I have any further recourse and how to play things moving forward. Don't want to be any more specific than the below for the time being for obvious reasons.
Car collected mid October 2019
The car was 1 year old at this point with 500 miles on the clock
It is a sports car bought from a main dealer - cost £50k
Not the sort of car I (or most people) ever going to put many miles on - now at around 1250 miles.
The car had been detailed in accordance with a recommendation from the salesman at the point of collections for c. £500 and I had paid the detailer directly albeit the dealer had made all arrangements (pick up / drop off etc).
3 days after collection I reported a ad rattle to the dealer (my salesman) over the phone and followed this up with an email at the start of November (well within 30 days / after about 20 days). It was agreed over the phone and in email that this would be sorted over the coming weeks when convenient as I had an appointment for the car to get PPF.
The car however then went off for some PPF w at a cost of c. £1500.
Car back from PPF mid November. The rattle(s) (now two rattles) start getting worse and the car was dropped into the dealer at the end of November to get fixed - about 6 weeks after I collected it.
This had no effect at all and the rattles remained as bad as ever which I informed the dealership immediately. I was away on work and on holiday in Dec-19 / Jan-20 and things were picked back up in mid Jan and I offered to take the car back in at the beginning of February to go out on a drive to identify the rattle with a mechanic / technician.
Frustratingly the problem is to a degree intermittent and as I couldn't 'get it going' the mechanic said he didn't have time to come out with me. This didn't go down that well particularly as we have subsequently found it seems to be better / worse dependent on if the car is warmed u and if someone is in the passenger seat! Salesman agreed not handled well at their end.
Emailed dealership saying rattles remain and were at full tilt on the way home that night. Busy February and holiday at end of the month.
Whilst on said holiday in March I contacted the dealer to say that I had had enough and that every time I drive the car it was was not a pleasurable experience and this had been pointed out from day one.
The dealer advised the car could be bought back for c. £42k or it could be left back at the dealership to try and fix it.
With the prospect of a £10k hit inc PPF & detailing surprisingly I took the latter option.
The car was dropped off at the dealers around 2 weeks ago and I sent a long email outlining the time line etc. I also attached audio files and videos demonstrating the rattles which are now at an all time high volume. It was agreed the technician would drive it to and from work to ensure the issue could be identified. Clearly I wasn't delighted with this approach but needs must,
Last week after chasing I had an update basically saying the problem had been found and it was being worked on.
As usual no one bothered to contact myself with an update albeit I had been expecting one yesterday at the latest and I contacted the dealer following Boris' lock-down message.
They confirmed it's not fixed yet (apparently one rattle is and the other isn't) and that I could pick it up if I needed it in the next few weeks. As I don't need the car and it isn't by thir own admission fixed 100% I told them they could hold onto it.
Thus the car will now remain at the dealers for at least another 3 weeks with nothing being done. Clearly no ones fault.
I advised that current circumstances put to one side, I have lost all faith in the car and brand (no issue with the salesman or technicians who are clearly trying their best). I don't really want the car back at this point but am not prepared to take a £10k hit over 5 months and 500 miles.
Note
o Both detailing & PPF wouldn’t have been undertaken had I a) anticipated these issues b) not seen the car as a long-term ownership proposition
o I have confirmed to the dealer that had I known of these issues I would have rejected the car within 30 days under consumer rights
Given the above timeline do I have any scope to pursue things legally with an aim being of my getting my money back for the car (or much closer to what I paid) or not? If so, how would I go about things?
Cheers
Look at this with cold, unemotive facts.
You bought a car.
You discovered two rattles when driving it.
After some time (partly caused by your holidays, work and being "busy") one rattle has been fixed.
It's in progress that the other is being fixed but the world has been turned upside down by Coronavirus so nothing's really getting done anywhere at present.
Once both faults are fixed, the car is fine.
Some macho-types will come on here telling you to park it at the dealer and chuck them the keys, flame them on Facebook or engage a suitably expensive lawyer but I would suggest that you just wait for your car to be fixed then enjoy it as you have no hope of rejecting it.
You bought a car.
You discovered two rattles when driving it.
After some time (partly caused by your holidays, work and being "busy") one rattle has been fixed.
It's in progress that the other is being fixed but the world has been turned upside down by Coronavirus so nothing's really getting done anywhere at present.
Once both faults are fixed, the car is fine.
Some macho-types will come on here telling you to park it at the dealer and chuck them the keys, flame them on Facebook or engage a suitably expensive lawyer but I would suggest that you just wait for your car to be fixed then enjoy it as you have no hope of rejecting it.
Muzzer79 said:
Look at this with cold, unemotive facts.
You bought a car.
You discovered two rattles when driving it.
After some time (partly caused by your holidays, work and being "busy") one rattle has been fixed.
It's in progress that the other is being fixed but the world has been turned upside down by Coronavirus so nothing's really getting done anywhere at present.
Once both faults are fixed, the car is fine.
Some macho-types will come on here telling you to park it at the dealer and chuck them the keys, flame them on Facebook or engage a suitably expensive lawyer but I would suggest that you just wait for your car to be fixed then enjoy it as you have no hope of rejecting it.
Thanks for your response.You bought a car.
You discovered two rattles when driving it.
After some time (partly caused by your holidays, work and being "busy") one rattle has been fixed.
It's in progress that the other is being fixed but the world has been turned upside down by Coronavirus so nothing's really getting done anywhere at present.
Once both faults are fixed, the car is fine.
Some macho-types will come on here telling you to park it at the dealer and chuck them the keys, flame them on Facebook or engage a suitably expensive lawyer but I would suggest that you just wait for your car to be fixed then enjoy it as you have no hope of rejecting it.
Don't disagree with anything above, however, my concern is if the rattles 1) aren't fixed - it has been agreed I will test with the salesman once 'fixed' 2) Return shortly thereafter.
I'd be very happy with the car if it was rattle free, I'm not talking about small rattles - they are horrendous - hence 750 miles in 5 months. I just can't bare to drive the thing.
RichDS said:
Muzzer79 said:
Look at this with cold, unemotive facts.
You bought a car.
You discovered two rattles when driving it.
After some time (partly caused by your holidays, work and being "busy") one rattle has been fixed.
It's in progress that the other is being fixed but the world has been turned upside down by Coronavirus so nothing's really getting done anywhere at present.
Once both faults are fixed, the car is fine.
Some macho-types will come on here telling you to park it at the dealer and chuck them the keys, flame them on Facebook or engage a suitably expensive lawyer but I would suggest that you just wait for your car to be fixed then enjoy it as you have no hope of rejecting it.
Thanks for your response.You bought a car.
You discovered two rattles when driving it.
After some time (partly caused by your holidays, work and being "busy") one rattle has been fixed.
It's in progress that the other is being fixed but the world has been turned upside down by Coronavirus so nothing's really getting done anywhere at present.
Once both faults are fixed, the car is fine.
Some macho-types will come on here telling you to park it at the dealer and chuck them the keys, flame them on Facebook or engage a suitably expensive lawyer but I would suggest that you just wait for your car to be fixed then enjoy it as you have no hope of rejecting it.
Don't disagree with anything above, however, my concern is if the rattles 1) aren't fixed - it has been agreed I will test with the salesman once 'fixed' 2) Return shortly thereafter.
I'd be very happy with the car if it was rattle free, I'm not talking about small rattles - they are horrendous - hence 750 miles in 5 months. I just can't bare to drive the thing.
But you can't reject a car because they might not be able to fix it or things might come back.....
You need to look at the consumer rights act 2015
Which car on line (google) do a good break down of how it works
Dealer as a one off opportunity to fix the car
Can reject car technically up to 6 years from purchase if from a dealer but it's age and condition related
Upto 6 months normally can reject car if dealer cannot or refuses to fix it
There will be a consideration for any increased mileage on a price reduction
If the car is on finance or paid by a credit card even if part payments you can seek a claim against CC or finance company
If the car is financed it offers best protection as the car belongs to them and the rejection is to the finance company so they will support and investigate with dealer for a solution
Which car on line (google) do a good break down of how it works
Dealer as a one off opportunity to fix the car
Can reject car technically up to 6 years from purchase if from a dealer but it's age and condition related
Upto 6 months normally can reject car if dealer cannot or refuses to fix it
There will be a consideration for any increased mileage on a price reduction
If the car is on finance or paid by a credit card even if part payments you can seek a claim against CC or finance company
If the car is financed it offers best protection as the car belongs to them and the rejection is to the finance company so they will support and investigate with dealer for a solution
TL/DR: the only thing that anyone needs to notice here is that the OP uses the word "detailing". Oh, dear.
Threads like this restore my faith in PH and humanity!! Whilst the world burns, trivia reigns!
OP, here is some free legal advice. Get a grip. You cannot reject the car for being a bit rattly. Be happy that your problem has a MASSIVE F in front of it.
judgespeed - great Googling, cutting and pasting, but the real world is the real World.
Threads like this restore my faith in PH and humanity!! Whilst the world burns, trivia reigns!
OP, here is some free legal advice. Get a grip. You cannot reject the car for being a bit rattly. Be happy that your problem has a MASSIVE F in front of it.
judgespeed - great Googling, cutting and pasting, but the real world is the real World.
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