Rejecting a new car after 2 years, fault present all this

Rejecting a new car after 2 years, fault present all this

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was8v

Original Poster:

1,935 posts

195 months

Tuesday 11th July 2017
quotequote all
Car was bought new April 2015

Car was sold as having an infotainment system that should connect to any iphone or android smartphone giving google maps navigation. Buyer showed salesman his phone and he said it would work. No demo system available.

On delivery system did not work with buyers phone. Dealer confirmed.

Buyer promised software updates would bring compatibility.

After some months manufacturer released a "compatibility list" of phones that would work.

Tried one such phone, did not work

Buyer promised compatibility with software updates again

Car is in national press as having issues with the system

Buyer fobbed off by "customer services"

Buyer gets ill with serious illness and has more important thing to worry about for a while.

Fast forward to April 2017, car goes for service and I complain again about system not working.

Dealer promises to fix the system under warrnaty

Dealer has car for 3 weeks, finds system does not work with any allegedly compatible phone. Tries a similar car in the yard, system does not work either.

Manufacturer and dealer say nothing can be done to make the system work.

They want to give car back to customer.




1) the car was missold, it never became compatible with the smartphone present at purchase (or iphones)
2) the car is under a 3 year warranty, surely they should fix it or replace the car
3) system is not fit for purpose - it simply does not do what it should

Can I reject the car as not fit for purpose after 2 years?

The fault has been present since day one, and they are saying they cannot fix it.


Edited by was8v on Wednesday 12th July 09:22

Butter Face

30,283 posts

160 months

Tuesday 11th July 2017
quotequote all
No.



There, that was simple.

CraigyMc

16,387 posts

236 months

Tuesday 11th July 2017
quotequote all
I rejected a 23 month old TV last week for a full refund over a fault it had had since it was delivered.

The retailer paid the courier to take it back.

SOGA is your friend (assuming it was bought before the new legislation replaced it).

Huntsman

8,044 posts

250 months

Tuesday 11th July 2017
quotequote all
Does anyone really think a car that won't connect to a smart phone is not fit for purpose? I'm mean really?

was8v

Original Poster:

1,935 posts

195 months

Tuesday 11th July 2017
quotequote all
They walked into the showroom and specifically asked for a car with built in sat nav.

They were told of an amazing system that you can plug your phone in and use google maps brilliant navigation on the car screen. This would be always up to date, have live traffic and be the best sat nav in the world.

There was no demo avallable, they bought it unseen as sold by the salesman.

For two years they have been fobbed off with "software update coming".

It doesn't do what they said it would.

If this car didn't have this they would have bought a different car.

Butter Face

30,283 posts

160 months

Tuesday 11th July 2017
quotequote all
What's the car? What's the system?

What they say he said is irrelevant, you can't reject a car after 2 years for a missing feature, it should have been dealt with immediately if it was such an issue that would render the car completely useless for them

Let's be honest, the manufacturer/dealer won't accept a rejection after 2 years/many thousands of miles for this issue so you/they are flogging a dead horse IMO.

Best thing to do is solve the issue and move on.

was8v

Original Poster:

1,935 posts

195 months

Tuesday 11th July 2017
quotequote all
Regardless the car has a faulty system that should be covered by warranty.

What if the FM radio wasn't working? Would it not be appropriate for them to fix that? an electric window?

The issue was raised on delivery and contact made about it at least once a month.

Butter Face

30,283 posts

160 months

Tuesday 11th July 2017
quotequote all
was8v said:
Regardless the car has a faulty system that should be covered by warranty.

What if the FM radio wasn't working? Would it not be appropriate for them to fix that? an electric window?
How is it faulty? Explain your reasoning.

The system has never worked with the phone, a car with the same system will not work with the phone, it's not faulty, just not compatible.

If the manufacturer says it should be, you need to be speaking to the manufacturer, it's their fk up.

But


It's not faulty.

was8v

Original Poster:

1,935 posts

195 months

Tuesday 11th July 2017
quotequote all
Butter Face said:
How is it faulty? Explain your reasoning.

The system has never worked with the phone, a car with the same system will not work with the phone, it's not faulty, just not compatible.

If the manufacturer says it should be, you need to be speaking to the manufacturer, it's their fk up.

But


It's not faulty.
2 months after purchase the manufacturer released a compatibility list of phones the system would work with - this has been added to over time.

LG nexus 4 was owned at the time of purchase, this has never been added to the list and has never worked (despite promises to the contrary).

Sony Xperia Z3 Compact is on the list, was tried and the system did not work.

3 weeks ago Dealer tried Samsung S6 and Samsung S7 phones, both on the compatibility list and the system did not work,

Dealer tried Samsung S6 and S7 on a similar age car in the yard and that system did not work.

Ergo, either both the systems tried have a manufacturing fault, or the compatibility list is wrong or the system just does not do what was advertised.

Yes its insane to reject a car for a radio connectivity, but the car was chosen specifically for this connectivity as the primary deciding feature, and I cannot reject only that component as it was bought a a whole car.

The car was purchased from a dealer, not direct from the manufacturer. Therefore the contract is with the dealer and it is up to them to negotiate with the manufacturer.

Edited by was8v on Tuesday 11th July 21:22

Butter Face

30,283 posts

160 months

Tuesday 11th July 2017
quotequote all
What system is it and what car?

I'll say it again, in am 100% sure you will not be able to reject the car because of incompatibility with a phone.

You may get a GOGW from the manufacturer if you lock up enough of a fuss, bit after 2 years you will get absolutely nowhere trying to reject it because you bought it for one specific feature that you've managed to get by without for 2 years!

Buy a Tomtom and use that when needed.

chris52

1,560 posts

183 months

Tuesday 11th July 2017
quotequote all
I don't know what goes through some peoples heads these days. 2 years and now you want to reject it because your think it was miss sold get a grip by keeping and using the car for two years I think we can safely say that you have accepted the goods. Under the sale of good act which this is, as it was bought April 2015 once you accept the goods you have no right to reject. Even under the new consumer rights act you would have to reject it within 30 days for miss selling that you became aware of straight away but lets say that the gods favoured your request you would not get your money back only a percentage of it as you have had 2 years use out of it.

Vaud

50,426 posts

155 months

Tuesday 11th July 2017
quotequote all
chris52 said:
lets say that the gods favoured your request you would not get your money back only a percentage of it as you have had 2 years use out of it.
OP - indeed. You may be better focused on getting a favourable trade-in?

Mandat

3,884 posts

238 months

Tuesday 11th July 2017
quotequote all
was8v said:
Car was bought new April 2015

Car was sold as having an infotainment system that should connect to any iphone or android smartphone giving google maps navigation. Buyer showed salesman his phone and he said it would work. No demo system available.

On delivery system did not work with buyers phone. Dealer confirmed.

Buyer promised software updates would bring compatibility.

After some months manufacturer released a "compatibility list" of phones that would work.

Tried one such phone, did not work

Buyer promised compatibility with software updates again

Car is in national press as having issues with the system

Buyer fobbed off by "customer services"

Buyer gets ill with serious illness and has more important thing to worry about for a while.

Fast forward to April 2017, car goes for service and I complain again about system not working.

Dealer promises to fix the system under warrnaty

Dealer has car for 3 weeks, finds system does not work with any allegedly compatible phone. Tries a similar car in the yard, system does not work either.

Manufacturer and dealer say nothing can be done to make the system work.

Give car back to customer.




1) the car was missold, it never became compatible with the smartphone present at purchase (or iphones)
2) the car is under a 3 year warranty, surely they should fix it or replace the car
3) system is not fit for purpose - it simply does not do what it should

Can I reject the car as not fit for purpose after 2 years?

The fault has been present since day one, and they are saying they cannot fix it.
What's the car, and the system?

Also, how are you trying to connect it with the phone? Bluetooth, Wi-fi, cable, etc?


was8v

Original Poster:

1,935 posts

195 months

Tuesday 11th July 2017
quotequote all
Well the supplying dealers and manufacturer promised the purchaser endlessly that it would become compatible.

As I say, the purchaser was fobbed off for a year in this way, then fell seriously ill and the car was little used.

They have admitted the system is faulty, but refuse to provide any fix FOC. They have offered a genuine accessory integrated sat nav at a price.

For three weeks now while the car has been evaluated the purchaser has had the benefit of the dealer courtesy car. It would likely have been cheaper for them to just fit the accessory unit.

I won't name and shame until the dealer and/or manufacturer put clearly in writing why they will not fix this known fault under either the SOGA or the car warranty.

The internet is littered with buyers of the same car complaining. Some have been given the accessory integrated unit FOC.

Edited by was8v on Tuesday 11th July 21:45

dave_s13

13,814 posts

269 months

Tuesday 11th July 2017
quotequote all
Must be a wind up.

If not just fit an android head unit and try to get it paid for by the dealer (unlikely).

spookly

4,018 posts

95 months

Tuesday 11th July 2017
quotequote all
I'll take a guess.... VW?
I know loads of people that just give up with the online connectivity on VAG units... I have. VW UK were absolutely useless at fixing it, and just sent info provided over to Germany... and they came back and asked for the same screenshots again. Bloody waste of time.

rich12

3,463 posts

154 months

Tuesday 11th July 2017
quotequote all
It's a VW Golf isn't it. biglaugh

Vaud

50,426 posts

155 months

Tuesday 11th July 2017
quotequote all
was8v said:
I won't name and shame until the dealer and/or manufacture
I think you can name the manufacturer, but not the dealer.

Butter Face

30,283 posts

160 months

Tuesday 11th July 2017
quotequote all
So do you want to reject it or just have the accessory unit? Because if you want the latter you need to stop banging on about the former.

Speak to the manufacturer customer services, explain the situation clearly and simply, explain that you know the accessory unit will sort the issue and that you want that fitted for free and see where you get.


was8v

Original Poster:

1,935 posts

195 months

Tuesday 11th July 2017
quotequote all
Butter Face said:
So do you want to reject it or just have the accessory unit? Because if you want the latter you need to stop banging on about the former.

Speak to the manufacturer customer services, explain the situation clearly and simply, explain that you know the accessory unit will sort the issue and that you want that fitted for free and see where you get.
I've stated this at least 20 times in telephone conversations with them.

What else can I do?

Motor ombudsman?