Dealership refusing car rejection under CRA 2015
Discussion
Hi all,
I am trying to reject a brand new car under CRA 2015 short term right to reject due to unsatisfactory quality (gearbox crunchiness) and random engine stalling but the dealership is refusing to take the car back.
Timeline of events:
16th November 2024: Purchased brand new Hyundai Tucson 2025 model.
30th November 2024: Sent an official email with a video demonstrating an issue with the gearbox and random engine stalling.
4th December 2024: Remaining balance on the finance has been paid off.
12th December 2024: Requested rejection of the vehicle under short-term right to reject as per Consumer Rights Act 2015.
21st December 2024: Dealership arranged an inspection with my nearest branch. The technician claims that the "problem" is characteristic of a gearbox.
9th of January 2025: Hired an Automotive Consultant Engineer for independent inspection who has confirmed crunchiness between the 2nd and 3rd gear. Stated in the report that it is related to synchron.
24th January 2025: Hyundai UK has requested another inspection of the vehicle by their regional technician which I have declined due to bias and intermittency of the issue.
6th February 2025: Asked Hyundai Finance for their liability as the issue with the car was reported before the loan was settled. Customer support confirmed they are not liable due to me withdrawing from the loan regardless of the contract being active when the issue was reported.
26th of February 2025: The Motor Ombudsman got both sides of the story and marked the case as complex thus resolution time is 90+ days.
Since waiting time with the Ombudsman is too long, it is not legally binding and they tend to favour dealerships, I want to start legal claim but instead of going via multi-track court case for full amount of £27500 I took quotes on CarWow and Motorway (offering around £22k) and wanted to pursue the claim via Small Claims court for the difference and sell the car. I asked for quotes for a gearbox repair and want to add those as well because once I report the issue to CarWow that will reduce their offer. I expect I won't be given more than £19k since the gearbox requires dismantling.
Any suggestion if this is a good approach?
I am trying to reject a brand new car under CRA 2015 short term right to reject due to unsatisfactory quality (gearbox crunchiness) and random engine stalling but the dealership is refusing to take the car back.
Timeline of events:
16th November 2024: Purchased brand new Hyundai Tucson 2025 model.
30th November 2024: Sent an official email with a video demonstrating an issue with the gearbox and random engine stalling.
4th December 2024: Remaining balance on the finance has been paid off.
12th December 2024: Requested rejection of the vehicle under short-term right to reject as per Consumer Rights Act 2015.
21st December 2024: Dealership arranged an inspection with my nearest branch. The technician claims that the "problem" is characteristic of a gearbox.
9th of January 2025: Hired an Automotive Consultant Engineer for independent inspection who has confirmed crunchiness between the 2nd and 3rd gear. Stated in the report that it is related to synchron.
24th January 2025: Hyundai UK has requested another inspection of the vehicle by their regional technician which I have declined due to bias and intermittency of the issue.
6th February 2025: Asked Hyundai Finance for their liability as the issue with the car was reported before the loan was settled. Customer support confirmed they are not liable due to me withdrawing from the loan regardless of the contract being active when the issue was reported.
26th of February 2025: The Motor Ombudsman got both sides of the story and marked the case as complex thus resolution time is 90+ days.
Since waiting time with the Ombudsman is too long, it is not legally binding and they tend to favour dealerships, I want to start legal claim but instead of going via multi-track court case for full amount of £27500 I took quotes on CarWow and Motorway (offering around £22k) and wanted to pursue the claim via Small Claims court for the difference and sell the car. I asked for quotes for a gearbox repair and want to add those as well because once I report the issue to CarWow that will reduce their offer. I expect I won't be given more than £19k since the gearbox requires dismantling.
Any suggestion if this is a good approach?
Have you driven another 2025 Hyundai Tucson to see if it really is a 'characteristic' of that model/gearbox?
I'd be giving it back to Hyundai to keep for a few days so that their technician/engineer/inspector has the best chance to experience this random issue.
I'd be giving it back to Hyundai to keep for a few days so that their technician/engineer/inspector has the best chance to experience this random issue.
Edited by mmm-five on Thursday 27th February 13:06
stefanos1985 said:
16th November 2024: Purchased brand new Hyundai Tucson 2025 model.
30th November 2024: Sent an official email with a video demonstrating an issue with the gearbox and random engine stalling.
4th December 2024: Remaining balance on the finance has been paid off.
12th December 2024: Requested rejection of the vehicle under short-term right to reject as per Consumer Rights Act 2015.
21st December 2024: Dealership arranged an inspection with my nearest branch. The technician claims that the "problem" is characteristic of a gearbox.
9th of January 2025: Hired an Automotive Consultant Engineer for independent inspection who has confirmed crunchiness between the 2nd and 3rd gear. Stated in the report that it is related to synchron.
24th January 2025: Hyundai UK has requested another inspection of the vehicle by their regional technician which I have declined due to bias and intermittency of the issue.
6th February 2025: Asked Hyundai Finance for their liability as the issue with the car was reported before the loan was settled. Customer support confirmed they are not liable due to me withdrawing from the loan regardless of the contract being active when the issue was reported.
26th of February 2025: The Motor Ombudsman got both sides of the story and marked the case as complex thus resolution time is 90+ days.
Did you stop driving it on 12th December?30th November 2024: Sent an official email with a video demonstrating an issue with the gearbox and random engine stalling.
4th December 2024: Remaining balance on the finance has been paid off.
12th December 2024: Requested rejection of the vehicle under short-term right to reject as per Consumer Rights Act 2015.
21st December 2024: Dealership arranged an inspection with my nearest branch. The technician claims that the "problem" is characteristic of a gearbox.
9th of January 2025: Hired an Automotive Consultant Engineer for independent inspection who has confirmed crunchiness between the 2nd and 3rd gear. Stated in the report that it is related to synchron.
24th January 2025: Hyundai UK has requested another inspection of the vehicle by their regional technician which I have declined due to bias and intermittency of the issue.
6th February 2025: Asked Hyundai Finance for their liability as the issue with the car was reported before the loan was settled. Customer support confirmed they are not liable due to me withdrawing from the loan regardless of the contract being active when the issue was reported.
26th of February 2025: The Motor Ombudsman got both sides of the story and marked the case as complex thus resolution time is 90+ days.
In hind sight, I think paying off the finance on the 4th of December was a mistake... it now means you have little leverage and have to do all the running.
Try another identical car and see if it is the same (ideally at the same dealer).
What is their claim about the stalling?
You rejected the car within the legally stated 30 day after purchase window. If the dealership doesn't find a fault (there are a couple of other reasons for rejection but they're not applicable here), they don't have to accept the car back. As the poster above intimates - is there actually a fault?
No ideas for a name said:
Did you stop driving it on 12th December?
In hind sight, I think paying off the finance on the 4th of December was a mistake... it now means you have little leverage and have to do all the running.
Try another identical car and see if it is the same (ideally at the same dealer).
What is their claim about the stalling?
You could offer to swap their demonstrator with your car for a while. If your car has issues they won’t want it as a demonstrator!In hind sight, I think paying off the finance on the 4th of December was a mistake... it now means you have little leverage and have to do all the running.
Try another identical car and see if it is the same (ideally at the same dealer).
What is their claim about the stalling?
Thank you all for replies. I tried another brand new with same spec which didn't exhibit the issue. I told them on 12th of December that I have to continue driving the car under protest until they take it back due to having an emergency in the family.
For engine stalling/failing to start they were not able to replicate but I have managed to record it twice. There are no error codes.
The reason why am I not allowing another inspection is because unless it's a major issue the manufacturer will never admit there is a problem hence I took the ACE report and don't want to get back to square one where their biased opinion is more valid than the confirmation of an independent assesor. My view is that there is a quality issue reported within 30 days and confirmed via independent assesor.
I realized paying off the finance was a mistake but who could have expected that the car will be a lemon. I have a few videos of the issue if it helps
https://youtu.be/PvswnyF3uFw - Gearbox 2 step click.
https://youtu.be/AZvhAx23BVw (apologies for the video being in my language, but essentially I am unable to get into first gear with the engine running and car being stationary)
https://youtu.be/OWvm5gXGLAw - Unable to get into 6th gear when engine is turned off
https://youtu.be/UWqA5xqzOcQ - Difficulty engaging reverse gear
https://youtu.be/nx-W1yaGVdY - Engine stalling
https://youtu.be/YrBscJ9CqBc - Engine failing to start
For engine stalling/failing to start they were not able to replicate but I have managed to record it twice. There are no error codes.
The reason why am I not allowing another inspection is because unless it's a major issue the manufacturer will never admit there is a problem hence I took the ACE report and don't want to get back to square one where their biased opinion is more valid than the confirmation of an independent assesor. My view is that there is a quality issue reported within 30 days and confirmed via independent assesor.
I realized paying off the finance was a mistake but who could have expected that the car will be a lemon. I have a few videos of the issue if it helps
https://youtu.be/PvswnyF3uFw - Gearbox 2 step click.
https://youtu.be/AZvhAx23BVw (apologies for the video being in my language, but essentially I am unable to get into first gear with the engine running and car being stationary)
https://youtu.be/OWvm5gXGLAw - Unable to get into 6th gear when engine is turned off
https://youtu.be/UWqA5xqzOcQ - Difficulty engaging reverse gear
https://youtu.be/nx-W1yaGVdY - Engine stalling
https://youtu.be/YrBscJ9CqBc - Engine failing to start
stefanos1985 said:
Hi all,
I am trying to reject a brand new car under CRA 2015 short term right to reject due to unsatisfactory quality (gearbox crunchiness) and random engine stalling but the dealership is refusing to take the car back.
Timeline of events:
16th November 2024: Purchased brand new Hyundai Tucson 2025 model.
30th November 2024: Sent an official email with a video demonstrating an issue with the gearbox and random engine stalling.
4th December 2024: Remaining balance on the finance has been paid off.
12th December 2024: Requested rejection of the vehicle under short-term right to reject as per Consumer Rights Act 2015.
21st December 2024: Dealership arranged an inspection with my nearest branch. The technician claims that the "problem" is characteristic of a gearbox.
9th of January 2025: Hired an Automotive Consultant Engineer for independent inspection who has confirmed crunchiness between the 2nd and 3rd gear. Stated in the report that it is related to synchron.
24th January 2025: Hyundai UK has requested another inspection of the vehicle by their regional technician which I have declined due to bias and intermittency of the issue.
6th February 2025: Asked Hyundai Finance for their liability as the issue with the car was reported before the loan was settled. Customer support confirmed they are not liable due to me withdrawing from the loan regardless of the contract being active when the issue was reported.
26th of February 2025: The Motor Ombudsman got both sides of the story and marked the case as complex thus resolution time is 90+ days.
Since waiting time with the Ombudsman is too long, it is not legally binding and they tend to favour dealerships, I want to start legal claim but instead of going via multi-track court case for full amount of £27500 I took quotes on CarWow and Motorway (offering around £22k) and wanted to pursue the claim via Small Claims court for the difference and sell the car. I asked for quotes for a gearbox repair and want to add those as well because once I report the issue to CarWow that will reduce their offer. I expect I won't be given more than £19k since the gearbox requires dismantling.
Any suggestion if this is a good approach?
The issue you’ll have here will stem from your refusal to let Hyundai UK’s Regional Tech have a look-see and a drive. They’ve tried to put a sensible solution in place and you’ve rejected it because of bias. I am trying to reject a brand new car under CRA 2015 short term right to reject due to unsatisfactory quality (gearbox crunchiness) and random engine stalling but the dealership is refusing to take the car back.
Timeline of events:
16th November 2024: Purchased brand new Hyundai Tucson 2025 model.
30th November 2024: Sent an official email with a video demonstrating an issue with the gearbox and random engine stalling.
4th December 2024: Remaining balance on the finance has been paid off.
12th December 2024: Requested rejection of the vehicle under short-term right to reject as per Consumer Rights Act 2015.
21st December 2024: Dealership arranged an inspection with my nearest branch. The technician claims that the "problem" is characteristic of a gearbox.
9th of January 2025: Hired an Automotive Consultant Engineer for independent inspection who has confirmed crunchiness between the 2nd and 3rd gear. Stated in the report that it is related to synchron.
24th January 2025: Hyundai UK has requested another inspection of the vehicle by their regional technician which I have declined due to bias and intermittency of the issue.
6th February 2025: Asked Hyundai Finance for their liability as the issue with the car was reported before the loan was settled. Customer support confirmed they are not liable due to me withdrawing from the loan regardless of the contract being active when the issue was reported.
26th of February 2025: The Motor Ombudsman got both sides of the story and marked the case as complex thus resolution time is 90+ days.
Since waiting time with the Ombudsman is too long, it is not legally binding and they tend to favour dealerships, I want to start legal claim but instead of going via multi-track court case for full amount of £27500 I took quotes on CarWow and Motorway (offering around £22k) and wanted to pursue the claim via Small Claims court for the difference and sell the car. I asked for quotes for a gearbox repair and want to add those as well because once I report the issue to CarWow that will reduce their offer. I expect I won't be given more than £19k since the gearbox requires dismantling.
Any suggestion if this is a good approach?
He or She will no more about these Gearboxes than any dealer tech and you’ve not allowed them to investigate your concern.
If you litigate, they’ll play this ACE card and you’ve bricked your exits up…
I think the dealer is right, its just a "characteristic" not a fault, so they're right to refuse the rejection.
If you want to progress the issue, one way forwards might be to mutually agree with the dealer, an independent inspector, then have him/her inspect it and report. The videos are inconclusive to me, I'd need to actually try start/engage the gears etc.
If you want to progress the issue, one way forwards might be to mutually agree with the dealer, an independent inspector, then have him/her inspect it and report. The videos are inconclusive to me, I'd need to actually try start/engage the gears etc.
No manual box will easily slip to any random gear when stationary with the engine off. That's not how they work.
When you push the lever towards a gear it engages a small clutch on the front of the next gear called a synchroniser which will cause the next gear to quickly spin up to a synchronised speed so when you actually engage the gear it is nearly at the same speed as the gear you are coming out of and that enables you to change gear smoothly without crunching.
If the gearbox had a problem you would not be able to change gear smoothly while driving. Trying the different gears while stationary means nothing.
I think the reason the dealership is playing hard ball is that they've looked at the problem and they don't believe there is one. So they think no matter how far you take this you will never find anyone agreeing with you that there's actually a fault.
From the evidence provided in your videos I would be with the dealership on this one.
Of course if the videos aren't an accurate demonstration of the issues then there is room for debate.
When you push the lever towards a gear it engages a small clutch on the front of the next gear called a synchroniser which will cause the next gear to quickly spin up to a synchronised speed so when you actually engage the gear it is nearly at the same speed as the gear you are coming out of and that enables you to change gear smoothly without crunching.
If the gearbox had a problem you would not be able to change gear smoothly while driving. Trying the different gears while stationary means nothing.
I think the reason the dealership is playing hard ball is that they've looked at the problem and they don't believe there is one. So they think no matter how far you take this you will never find anyone agreeing with you that there's actually a fault.
From the evidence provided in your videos I would be with the dealership on this one.
Of course if the videos aren't an accurate demonstration of the issues then there is room for debate.
Thanks for input everyone. I've forwarded ACE report which confirms the crunchiness to the lawyer to hear his opinion.
The gearbox definitely has quality issues. I am driving manuals for almost 20 years and know how the stick should function. Hyundai head office tech guy inspecting the car that doesn't have a major issue leads nowhere, they will just say as the other tech, it's a characteristic.
If a lawyer says that it is better not to pursue this in court I will sell the car via CarWow and use Hyundai's statement that it is a characteristic of a gearbox if the buying dealership tries to blame me that I misrepresented the car.
This is my 2nd brand new Tucson in the past 4 years, first one was even worse, it was leaking water through the roof. I dedinitely learnt my lesson, never again Hyundai :-)
The gearbox definitely has quality issues. I am driving manuals for almost 20 years and know how the stick should function. Hyundai head office tech guy inspecting the car that doesn't have a major issue leads nowhere, they will just say as the other tech, it's a characteristic.
If a lawyer says that it is better not to pursue this in court I will sell the car via CarWow and use Hyundai's statement that it is a characteristic of a gearbox if the buying dealership tries to blame me that I misrepresented the car.
This is my 2nd brand new Tucson in the past 4 years, first one was even worse, it was leaking water through the roof. I dedinitely learnt my lesson, never again Hyundai :-)
stefanos1985 said:
Thanks for input everyone. I've forwarded ACE report which confirms the crunchiness to the lawyer to hear his opinion.
The gearbox definitely has quality issues. I am driving manuals for almost 20 years and know how the stick should function. Hyundai head office tech guy inspecting the car that doesn't have a major issue leads nowhere, they will just say as the other tech, it's a characteristic.
If a lawyer says that it is better not to pursue this in court I will sell the car via CarWow and use Hyundai's statement that it is a characteristic of a gearbox if the buying dealership tries to blame me that I misrepresented the car.
This is my 2nd brand new Tucson in the past 4 years, first one was even worse, it was leaking water through the roof. I dedinitely learnt my lesson, never again Hyundai :-)
Why not keep it?The gearbox definitely has quality issues. I am driving manuals for almost 20 years and know how the stick should function. Hyundai head office tech guy inspecting the car that doesn't have a major issue leads nowhere, they will just say as the other tech, it's a characteristic.
If a lawyer says that it is better not to pursue this in court I will sell the car via CarWow and use Hyundai's statement that it is a characteristic of a gearbox if the buying dealership tries to blame me that I misrepresented the car.
This is my 2nd brand new Tucson in the past 4 years, first one was even worse, it was leaking water through the roof. I dedinitely learnt my lesson, never again Hyundai :-)
It is under warranty, why take the sales hit now?
skyebear said:
I think you're being unreasonable not permitting Hyundai's specialist to inspect the car. I think a court would be of the same opinion.
Very much this. Hyundai are offering a reasonable path forward and the next stage of escalation of the issue and you’re saying “No”.Go with the process and let them inspect it if you want any chance of a resolution.
Ham_and_Jam said:
Just watched the videos and you’re stationary / engine off when changing gears. Not sure what the issue is? You need to replicate that when moving.
About to write the same. It appears to act like any manual gearbox with the engine off and stationary.In terms of the starting issue you can't just jab the button, you have to hold it for a second or so.
This model does have a known notchy gearbox , look at u tube video reviews.
Edited by cliffords on Thursday 27th February 23:04
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