Dissatisfied with a car from a dealer
Dissatisfied with a car from a dealer
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Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
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Had a car delivered on Monday from a dealer who is quite some distance from me, did the usual visual inspection as you do, everything is perfect inside and out...

Took the car up the road and realised the AC wasn't working, so I've had to have that regassed at a cost of £xxx (it uses HFO-1234yf, not the older style R134a).

On the same drive I noticed a whirring/rubbing noise which isn't easy to describe when the car is in first gear on full lock at very low speeds, like when you pull nose first into a parking space.

I called the dealer immediately and explained these two issues and after a bit of back and forth, have been told to send an invoice for the AC for the managers to look at.

Since then I've been using the car to get to and from work as I don't have another vehicle and I've now noticed the stop/start function does not work at all which seems to suggest a new battery is needed.

All of this has been emailed to the dealer and I've told them I want to have the car inspected locally at their expense and the reply I've had is that it's been forwarded to the managers...

What should I be doing here?

Edited by Robmarriott on Thursday 21st July 18:45

anonymous-user

82 months

Thursday 21st July 2022
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I assume you hadn't actually seen the car before it was delivered, you never set foot in the dealers and all discussions and payments were via email or over the phone?

If so then this is a distance sale and you have 14 days to return the car for a full refund. Do not get the car fixed, do not waste any more time just contact the dealer and tell them you are returning the car and expect a full refund.

https://www.themotorombudsman.org/distance-sales-f...

Just had the same thing when I recently cancelled a car I had ordered, luckily this was through a main dealer. They will argue the case with you for a while, but just keep repeating the 14 days distance selling laws and they will refund you.

If you bought this from a non main dealer then I would expect a fight as they will no doubt refuse to believe this law exists, or try and convince you it doesn't apply in this situation.

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
Correct, everything was done either online or over the phone, never left my sofa.

It wasn’t a main dealer but it’s a company which has multiple sites and they do advertise a no quibble return policy slightly longer than the legal requirement.

My only issue with that is I’ve already paid £xxx for the AC issue because it was unbearable this week and I just couldn’t cope, plus the admin fee for swapping the car with insurance, a month’s tax… they also charge for collection of the vehicle at £2/mile from the nearest site, which will be another £110ish frown

Obviously if I take it back myself I can save that but then I lose any sort of distance selling rights by the looks of it.

I guess I’m just going to be out of pocket and without a car?

Edited by Robmarriott on Thursday 21st July 13:18


Edited by Robmarriott on Thursday 21st July 18:45

av185

20,464 posts

155 months

Thursday 21st July 2022
quotequote all
Bear in mind there are many parameters and not just a run down batterywhich could mean the stop start function isn't working.

Vantagemech..

5,733 posts

243 months

Thursday 21st July 2022
quotequote all
Have you read the manual regarding the S/S function? My wife has this on her Honda (She switches the function off all the time!) and when we bought it we were told that it was probably the battery a little low as we had a warning "stop start function not available".
Turns out there are a list of criteria that need to be met before the function will actually work - like A/C not on max, engine up to temp, heated screens not on - you get my point. Soon as we figured this the damn thing kept cutting the engine.....

anonymous-user

82 months

Thursday 21st July 2022
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av185 said:
Bear in mind there are many parameters and not just a run down batterywhich could mean the stop start function isn't working.
Also could it be possible that the stop/start annoyed a previous owner so much that they recoded the car to remove this function? As said, there are lots of parameters that effect the stop/start feature, battery voltage and engine temperature being just two.

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
av185 said:
Bear in mind there are many parameters and not just a run down batterywhich could mean the stop start function isn't working.
Yeah that is true but honestly that’s not the main issue I have with the car, it’s not a cheap battery if it is that and finding out is going to cost money which I don’t feel I should have to pay. The other groaning/whirring/rubbing issue if of more concern because it could be anything from a creaky suspension mount to a gearbox…

Tyre Smoke

23,018 posts

289 months

Thursday 21st July 2022
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Robmarriott said:
Correct, everything was done either online or over the phone, never left my sofa.

It wasn’t a main dealer but it’s a company which has multiple sites and they do advertise a no quibble return policy slightly longer than the legal requirement.

My only issue with that is I’ve already paid £125 for the AC issue because it was unbearable this week and I just couldn’t cope, plus the admin fee for swapping the car with insurance, a month’s tax… they also charge for collection of the vehicle at £2/mile from the nearest site, which will be another £110ish frown

Obviously if I take it back myself I can save that but then I lose any sort of distance selling rights by the looks of it.

I guess I’m just going to be out of pocket and without a car?

Edited by Robmarriott on Thursday 21st July 13:18
The refund is for the car. Understandably you need to tax it, change insurance, etc. Unfortunately somewhere in their small print will be the clause that excludes consequential loss. Also be aware that there is also a 500 mile mileage limit as well.

They will wriggle, but ultimately all they will refund is the purchase price of the car.

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
Vantagemech.. said:
Have you read the manual regarding the S/S function? My wife has this on her Honda (She switches the function off all the time!) and when we bought it we were told that it was probably the battery a little low as we had a warning "stop start function not available".
Turns out there are a list of criteria that need to be met before the function will actually work - like A/C not on max, engine up to temp, heated screens not on - you get my point. Soon as we figured this the damn thing kept cutting the engine.....
Yeah, even with everything off and after a 60 mile drive it doesn't work.

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
Tyre Smoke said:
The refund is for the car. Understandably you need to tax it, change insurance, etc. Unfortunately somewhere in their small print will be the clause that excludes consequential loss. Also be aware that there is also a 500 mile mileage limit as well.

They will wriggle, but ultimately all they will refund is the purchase price of the car.
Thought so. That's frustrating.

Tyre Smoke

23,018 posts

289 months

Thursday 21st July 2022
quotequote all
What vehicle is it?

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
Don’t really want to say because there’s hardly any ever on sale, hence getting it delivered from the other end of the country. It’s small, uncommon and French.

Edited to add - it wasn’t a big money car, but either way there’s a certain standard you’d expect on something which is 5 years old and 5 figures.

Edited by Robmarriott on Thursday 21st July 14:18

coldel

10,843 posts

174 months

Thursday 21st July 2022
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If its a hard to find car, then do at least persevere with the dealer. They will make a loss on the car if its returned in all likelihood so they should be at least willing to make good small costs to it.

The AC issue, ideally you would have notified them in advance and arranged a fix at their expense somewhere they agreed on local to you. But I understand that the unusual weather forced your hand. They have at least taken the invoice and are looking in to what they can do, thats a good sign.

Cars can quickly develop niggles and faults, even newer ones. Always give the dealer the chance to fix smaller issues. Obviously if there are substantial issues/high value issues, then I would enforce the right to reject.

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
I do agree. It took me several months of looking to find this car and I’m reluctant to throw that effort away but I’m also aware that I’m already 4 days into the 14 day rejection period and as it stands, I need to pay someone to inspect the car and diagnose the problems, then get the dealer to agree to pay to have it fixed, all in 10 day, with money I quite literally do not have. I’ll continue to try to talk to them to resolve the faults before wading in at the deep end with the rejection.

coldel

10,843 posts

174 months

Thursday 21st July 2022
quotequote all
Did you get a full contract of sale/list of your rights under distance selling given to you when the car was handed over to you?

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
Odd question, but yes.

Why?

Harry H

3,748 posts

184 months

Thursday 21st July 2022
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I wouldn't be totally relying on emails. They are too easy to lose or ignore.

Get on the phone, explain your issue and ask them what they would like to do about it. Then confirm by email your understanding of the telephone conversation. When they want to discuss internally and call back insist on an acceptable time frame.

Dan W.

1,196 posts

106 months

Thursday 21st July 2022
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What warranty was given, it could be a in house warranty where it needs to go back to the garage for any work - repairs done

coldel

10,843 posts

174 months

Thursday 21st July 2022
quotequote all
If the dealer doesnt give you information of the sale, your rights as a distance buyer and your rights to reject the car at point of delivery you then have up to a year to reject the car. All your rights are found here https://www.legislation.gov.uk/uksi/2013/3134/regu... in the Consumer Contracts 2013 legislation.

Robmarriott

Original Poster:

2,968 posts

186 months

Thursday 21st July 2022
quotequote all
Harry H said:
I wouldn't be totally relying on emails. They are too easy to lose or ignore.

Get on the phone, explain your issue and ask them what they would like to do about it. Then confirm by email your understanding of the telephone conversation. When they want to discuss internally and call back insist on an acceptable time frame.
Hmmm maybe. I learned long ago to have everything in writing though, then at least you can refer back to it if and when you need to. Any conversation by phone can be denied completely and there’s no record of what was said. The only advantage of repeated calls is they’re annoying and that could speed things up.