Anyone tell me a solicitor who specialises in car rejections
Anyone tell me a solicitor who specialises in car rejections
Author
Discussion

petjam

Original Poster:

502 posts

175 months

Friday 5th June 2020
quotequote all
Morning all,

Recently took receipt of a brand new car which is riddled with problems (I alerted them of the issues when the car was 9 days old). I have bought it on a PCP, the dealer is saying that the issues are nothing to do with them and it is the finance company who must arrange for everything to be fixed as it is they who sold me the car.

The finance company tell me that they have 8 weeks to investigate and basically that is that.

Is that right?

Can anyone advise on a solicitor who specialises in rejecting cars?

paintman

7,860 posts

219 months

Friday 5th June 2020
quotequote all
Presumably you've signed agreements with the finance company &/or the car supplier?
Firstly read through the terms & conditions you've agreed to & see exactly what's in them.

petjam

Original Poster:

502 posts

175 months

Friday 5th June 2020
quotequote all
Yes, there is nothing in the paperwork about rejecting the car due to damage / faults.

Pegscratch

1,872 posts

137 months

Friday 5th June 2020
quotequote all
What opportunity have you given them to address the faults, or are you looking at a handful of trivial faults as an opportunity to reject a car that the current situation has made less of a requirement?

I generally find threads like this where detail of the faults is not forthcoming to be one where the OP is trying to place themselves on more solid ground than reality permits.

TheBALDpuma

5,940 posts

197 months

Friday 5th June 2020
quotequote all
Just being nosey - what's the car and what's wrong with it?

paintman

7,860 posts

219 months

Friday 5th June 2020
quotequote all
petjam said:
Yes, there is nothing in the paperwork about rejecting the car due to damage / faults.
What does the paperwork say about the process of dealing with faults/issues arising?

cossy400

3,463 posts

213 months

Friday 5th June 2020
quotequote all
Im happy to be corrected, but i thought you had to give them so many attempts to rectify the issues then you could look at rejection etc.


Again OP is the 8 week time scale down to Covid?

Oh and what car what faults??

moonigan

2,209 posts

270 months

Friday 5th June 2020
quotequote all
petjam said:
Morning all,

Recently took receipt of a brand new car which is riddled with problems (I alerted them of the issues when the car was 9 days old). I have bought it on a PCP, the dealer is saying that the issues are nothing to do with them and it is the finance company who must arrange for everything to be fixed as it is they who sold me the car.

The finance company tell me that they have 8 weeks to investigate and basically that is that.

Is that right?

Can anyone advise on a solicitor who specialises in rejecting cars?
OK. I can speak from a very recent experience having just had my rejection accepted. It takes time, a long time. I rejected my car the first week in March.

Dont get a Lawer involved yet. No point it will just cost you more money. Wait until you feel you have exhausted all avenues.

Check your finance document and it will say who you need to speak to if you have a problem. This is usally the supplying dealership in the first instance.

Be 100% certain that this is the path you want to go down. The process will include the finance company, the dealership and the manufacturer and they will do everything possible to make you keep the car.

You need to officially reject the car to both the finance company and the dealership within 30 days quoting CRA 2015 stating the issues and that the car is not fit for purpose. You dont need to allow them any attempt to fix the car if its within 30 days. If you are outside the 30 days then you need to allow them one attempt to fix it.

When you reject the car detail the issues and the dates they occured.

Once you have rejected the car the finance company has 8 weeks to investigate the complaint. They will insist that the vehicle is inspected to validate there is a fault. Ideally you need to get this done using an official dealership doesnt have to be the supplying dealer.

Do everything via e-mail if possible and if that isnt possible record every single telephone conversation.

As soon as you have rejected the car you need to stop driving it and park it up. You will need to keep paying for the car until the finance company accept the rejection and cancel the agreement so if you need transport then you will need to provide this yourself.

Make sure you are 100% clear on your rights as per the CRA 2015 Short Term Right to Reject. I can guarantee the dealership wont be nor will the finance company. In fact they will attempt to make up their own rules. Read this, understand it and refer to this when needed:

https://www.businesscompanion.info/sites/default/f...

http://www.legislation.gov.uk/ukpga/2015/15/sectio...

http://www.legislation.gov.uk/ukpga/2015/15/part/1...





petjam

Original Poster:

502 posts

175 months

Friday 5th June 2020
quotequote all
Thanks for the responses everyone.

In short: -

They have machine polished the entire car, even the rubbers. All of the rubbers are bleached white and a few of them have perished. Also all of the lights are filled to the brim with polish but you can't access behind the light to remove it all.

There is a loose door panel and a huge imperfection in the lacquer on the front bonnet.

They admitted that they cut corners to get the car ready for me to collect in lockdown and I have that in writing.

I bought it on a PCP (first time ever) and the dealer are saying that it is on the finance company, nothing to do with them. The finance company are saying that they have 8 weeks to investigate but this is on a brand new 13 day old car!

deckster

9,631 posts

284 months

Friday 5th June 2020
quotequote all
This reminds me the thread a while back where the OP was complaining about the 'huge scratch' on his new car that his dealer was refusing to fix.

It turns out that in that particular case, the poster was an absolutely obsessive detailer who was getting stressed about a small mark that was a few mm long, at most, and was unnoticeable unless you specifically looked for in under strong light at a certain angle.

Now I'm not saying that's the case here. But, a mark on the laquer, a bit of excess polish, and a slight rattle doesn't sound on the face of it to be grounds to reject a car no matter how much you pay your lawyers.

Dimebars

1,078 posts

123 months

Friday 5th June 2020
quotequote all
petjam said:
Thanks for the responses everyone.

In short: -

They have machine polished the entire car, even the rubbers. All of the rubbers are bleached white and a few of them have perished. Also all of the lights are filled to the brim with polish but you can't access behind the light to remove it all.
Of course it can be accessed behind to remove excess polish. And that itself is hardly a fault.

Have you asked them to replace the damaged rubber seals?

petjam said:
There is a loose door panel and a huge imperfection in the lacquer on the front bonnet.
What have they done or suggested to rectify this?

petjam said:
They admitted that they cut corners to get the car ready for me to collect in lockdown and I have that in writing.

I bought it on a PCP (first time ever) and the dealer are saying that it is on the finance company, nothing to do with them. The finance company are saying that they have 8 weeks to investigate but this is on a brand new 13 day old car!
It seems that the "problems" you have are with the preparation of the car, not with the actual mechanical condition. Whilst I agree that it's not the best start to ownership, the things you've described are easily fixable

Buyers regret/remorse is a terrible thing at times

petjam

Original Poster:

502 posts

175 months

Friday 5th June 2020
quotequote all
Dimebars said:
petjam said:
Thanks for the responses everyone.

In short: -

They have machine polished the entire car, even the rubbers. All of the rubbers are bleached white and a few of them have perished. Also all of the lights are filled to the brim with polish but you can't access behind the light to remove it all.
Of course it can be accessed behind to remove excess polish. And that itself is hardly a fault.

Have you asked them to replace the damaged rubber seals?

petjam said:
There is a loose door panel and a huge imperfection in the lacquer on the front bonnet.
What have they done or suggested to rectify this?

petjam said:
They admitted that they cut corners to get the car ready for me to collect in lockdown and I have that in writing.

I bought it on a PCP (first time ever) and the dealer are saying that it is on the finance company, nothing to do with them. The finance company are saying that they have 8 weeks to investigate but this is on a brand new 13 day old car!
It seems that the "problems" you have are with the preparation of the car, not with the actual mechanical condition. Whilst I agree that it's not the best start to ownership, the things you've described are easily fixable

Buyers regret/remorse is a terrible thing at times
No regret at all whatsoever, it's my dream car, I'm gutted that I can't drive it. My main worry is that if I don't get all of this sorted when it comes to handing it back they are going to say that it was caused by me.

Yes, the polish can be removed but it involves someone qualified removing the lights which the dealership are not prepared to do.

I've been in contact with them all week trying to get it booked in to be repaired. Their response is "nothing to do with us" finance company have to get involved. They are saying they have 8 weeks!

moonigan

2,209 posts

270 months

Friday 5th June 2020
quotequote all
petjam said:
Thanks for the responses everyone.

In short: -

They have machine polished the entire car, even the rubbers. All of the rubbers are bleached white and a few of them have perished. Also all of the lights are filled to the brim with polish but you can't access behind the light to remove it all.

There is a loose door panel and a huge imperfection in the lacquer on the front bonnet.

They admitted that they cut corners to get the car ready for me to collect in lockdown and I have that in writing.

I bought it on a PCP (first time ever) and the dealer are saying that it is on the finance company, nothing to do with them. The finance company are saying that they have 8 weeks to investigate but this is on a brand new 13 day old car!
Take photo's/video of the imperfections, rubbers and get a video of the loose panel. To be honest a loose panel is iffy grounds as I would expect that to be sorted by dealer. Permanant damage to the paintwork though is 100% grounds for rejection.

Pegscratch

1,872 posts

137 months

Friday 5th June 2020
quotequote all
It sounds like it has one fault and it needs a good detail. That would be a spectacularly bad place to start a rejection from. Feel free to lawyer up, it will cost you more to get the "no" than the remedial action that if you approach it constructively they will probably foot the bill for.

If you want my advice - I assume you're here for advice - rejection is going to end badly for you. And expensively. Try to recover any relationship with the salesman, apologise profusely if you've upset him but explain that during what should be an exciting time the car has been presented badly and with an issue. Explain that you would like the preparation redone by a professional, following the defect in the bonnet being resolved through paint if necessary, and the door panel issue addressed.

petjam

Original Poster:

502 posts

175 months

Friday 5th June 2020
quotequote all
Thanks for the above.

My conversation with the dealer has gone exactly like this: -

Me - My car has X, Y and Z wrong. Here are pictures and video of the faults can you please arrange to book it into fix?

Dealer - Nothing to do with us, speak to the finance company.

Finance Company - We have 8 weeks to investigate.

What else am I meant to do?



That's one of the rubbers.

Edited by petjam on Friday 5th June 11:49

phope

986 posts

169 months

Friday 5th June 2020
quotequote all
Read up on your Consumer Rights Act 2015

https://www.motoreasy.com/magazine/258/Know-Your-R...

https://www.moneyadviceservice.org.uk/en/articles/...

https://www.honestjohn.co.uk/how-to-reject-a-car-y...


HonestJohn said:
The reasons to reject a vehicle
You only retain the right to reject the car if there is something fundamentally wrong with it. But you can reject it within six months of the date of purchase. This includes faults that were present - or developing - when you bought the car, or it was received in a condition that does not match what you were told.

Cosmetic issues or minor faults aren't usually reasons to reject a vehicle. These sorts of issues should be dealt with under warranty, if you have one.

You can’t successfully reject a car for a trivial reason such as a little scratch or finding out you don’t like something about the car. Unless, for instance, you bought it for a specific purpose. So if you bought a car to tow a caravan and then you find out it cannot, for example

Dimebars

1,078 posts

123 months

Friday 5th June 2020
quotequote all
What kind of car is it?

I'm surprised that the dealer won't at least take it back and prep it properly

Suggest to them that you have the cosmetic issues rectified by a proper detailer (it would benefit you anyway) and ask them to cover the cost

The loose door panel should be an easy warranty fix


Pegscratch

1,872 posts

137 months

Friday 5th June 2020
quotequote all
That is poor but nothing that a good seal feed wouldn't resolve 99%, and I'm honestly thinking it would be a struggle to form the basis of a rejection. I would approach a local and respected detailer (if you've an indication where you are in the country, I may be able to point you in the direction) they can help you put together a list of the things that needs replacing, what can be corrected and resolved by proper preparation and care and what might need paint if there is a serious paint defect.

You can then present this quote to the dealer with the suggestion that they cover it.

moonigan

2,209 posts

270 months

Friday 5th June 2020
quotequote all
So its a £200K Mclaren. Loose panel, get it sorted under warranty. The bleached rubbers is an interesting one. What is involved in replacing these? I assume panels off??

If I was buying a car like this new I would expect it to be cosmetically perfect in every way because you can be sure the next buyer will certianly expect it and will use any imperfections no matter how minor to hammer you down on price. Similarly if the paintwork is damaged whats involved in getting it right.

The CRA states that goods should be of satisfactory quality and that includes appearance and finish and free from minor defects. If they are not satisfcatory then you can reject it. You have to prove that these defects were present when you took delivery which the letter from the dealer appears to cover.

petjam

Original Poster:

502 posts

175 months

Friday 5th June 2020
quotequote all
I've been to a detailer already, they are the ones that pointed out most of the problems!

I'm anxious to get a 3rd party involved on a 13 day old car!