Legal Advice about brand new car fault/rejection/replacement
Discussion
I'm hoping someone can help. I will provide a full run down later when I have more time, but I would appreciate it if someone could find the time to read this thread:
http://pistonheads.com/gassing/topic.asp?h=0&f...
It explains most of the problem I think.
http://pistonheads.com/gassing/topic.asp?h=0&f...
It explains most of the problem I think.
Ok, here is a run down of everything (I hope)
01.09.2008 - Receive the car from Supplying dealer
02.09.2008 - Notice scratches on front bumper. Supplying dealer offered to pay to rectify the problem, but decided to pay myself instead
11.09.2008 - Notice paint defect
12.09.2008 - Report paint defect to Supplying dealer
At this point, Supplying dealer (due to the distance between us) advise me that it would be best to take the car to be assessed by an independent body shop.
It is also at this point that, apart from trips to have the car looked at by professionals, I stop driving the car, with approx 1500 miles on the milometer.
I take the car to Dick Lovett Spraymaster in Swindon, who confirm that the car will require c. £550 of work to rectify the problem, and further confirm that the issue is that of water under the lacquer from Manufacturer.
This confirmed that the issue did not reside with Supplying dealer, but with Vauxhall UK.
Following on from this, I contact Supplying dealer, who advise me that due to it being a warranty claim, it would be easier for my local dealership to deal with the problem accordingly (Local dealer).
After speaking to Vauxhall Customer Services and Local dealer, I am informed that I need to have a Regional Representative to look at the car.
Quite a long time passes with no action, after chasing a couple of times.
Eventually I receive a call back from Vauxhall Customer Services, who inform me that I need to speak with Bodyshop in Swindon.
I relay this information to Local dealer, who inform me that this is indeed the case.
I contact Bodyshop in Swindon, who tell me that they need to inspect the car.
I have the car inspected by Bodyshop in Swindon, who again confirm that the problem is that of a Manufacturer defect.
Information then has to be relayed from Bodyshop, to Local dealer. This takes approximately 4 days (2 working days, due to being over the weekend).
Local dealer then have to wait for an Authorisation Code from Vauxhall UK, to allow work to commence. This code takes approximately 4 working days to arrive.
Once the code has been received, I am told that Bodyshop in Swindon will be in contact.
Unfortunately this does not happen, so I contact Bodyshop in Swindon myself to book the car in. Again unfortunately, they are unable to book the car in to be sprayed for approximately 2 weeks.
My car went in to Bodyshop in Swindon on 11.11.2009, and was due to be released to me 18.11.2009.
Unfortunately, the car was unable to be released to me, due to failing the quality control check. I am told that the car will be ready 19.11.2009, after being resprayed.
Unfortunately, the car was unable to be released to me, due to failing the quality control check for a second time. I am told that the car will be ready 20.11.2009.
Unfortunately, the car was unable to be released to me, due to a part failing to turn up in time. I am told that the car will be ready 21.11.2009.
During this time, I have not been driving the car. This is due to being advised by the SMMT and the CAB, that in the case of rejection of the vehicle, it must not be driven from the point of notifying the supplying dealer until a resolution has been met. I have now, again unfortunately, not been able to enjoy my car for 11 weeks.
I would like Vauxhall UK to help me to come to a resolution to the problem, as I feel that my service thus far has been unsatisfactory.
Ideally I am looking to either have a refund for the car, or the cost of a replacement for a new Vauxhall Astra VXR covered by Vauxhall UK, provided by a dealership.
01.09.2008 - Receive the car from Supplying dealer
02.09.2008 - Notice scratches on front bumper. Supplying dealer offered to pay to rectify the problem, but decided to pay myself instead
11.09.2008 - Notice paint defect
12.09.2008 - Report paint defect to Supplying dealer
At this point, Supplying dealer (due to the distance between us) advise me that it would be best to take the car to be assessed by an independent body shop.
It is also at this point that, apart from trips to have the car looked at by professionals, I stop driving the car, with approx 1500 miles on the milometer.
I take the car to Dick Lovett Spraymaster in Swindon, who confirm that the car will require c. £550 of work to rectify the problem, and further confirm that the issue is that of water under the lacquer from Manufacturer.
This confirmed that the issue did not reside with Supplying dealer, but with Vauxhall UK.
Following on from this, I contact Supplying dealer, who advise me that due to it being a warranty claim, it would be easier for my local dealership to deal with the problem accordingly (Local dealer).
After speaking to Vauxhall Customer Services and Local dealer, I am informed that I need to have a Regional Representative to look at the car.
Quite a long time passes with no action, after chasing a couple of times.
Eventually I receive a call back from Vauxhall Customer Services, who inform me that I need to speak with Bodyshop in Swindon.
I relay this information to Local dealer, who inform me that this is indeed the case.
I contact Bodyshop in Swindon, who tell me that they need to inspect the car.
I have the car inspected by Bodyshop in Swindon, who again confirm that the problem is that of a Manufacturer defect.
Information then has to be relayed from Bodyshop, to Local dealer. This takes approximately 4 days (2 working days, due to being over the weekend).
Local dealer then have to wait for an Authorisation Code from Vauxhall UK, to allow work to commence. This code takes approximately 4 working days to arrive.
Once the code has been received, I am told that Bodyshop in Swindon will be in contact.
Unfortunately this does not happen, so I contact Bodyshop in Swindon myself to book the car in. Again unfortunately, they are unable to book the car in to be sprayed for approximately 2 weeks.
My car went in to Bodyshop in Swindon on 11.11.2009, and was due to be released to me 18.11.2009.
Unfortunately, the car was unable to be released to me, due to failing the quality control check. I am told that the car will be ready 19.11.2009, after being resprayed.
Unfortunately, the car was unable to be released to me, due to failing the quality control check for a second time. I am told that the car will be ready 20.11.2009.
Unfortunately, the car was unable to be released to me, due to a part failing to turn up in time. I am told that the car will be ready 21.11.2009.
During this time, I have not been driving the car. This is due to being advised by the SMMT and the CAB, that in the case of rejection of the vehicle, it must not be driven from the point of notifying the supplying dealer until a resolution has been met. I have now, again unfortunately, not been able to enjoy my car for 11 weeks.
I would like Vauxhall UK to help me to come to a resolution to the problem, as I feel that my service thus far has been unsatisfactory.
Ideally I am looking to either have a refund for the car, or the cost of a replacement for a new Vauxhall Astra VXR covered by Vauxhall UK, provided by a dealership.
mybrainhurts said:
For rejection of the car, your action is against the retailer, not the manufacturer.
To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
Ok, so what do I need to tell the dealer in order to make this run smoothly? They have told me that because the warranty claim is being dealt with by my local dealer, they are unable to get involved.To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
Pulse said:
mybrainhurts said:
For rejection of the car, your action is against the retailer, not the manufacturer.
To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
Ok, so what do I need to tell the dealer in order to make this run smoothly? They have told me that because the warranty claim is being dealt with by my local dealer, they are unable to get involved.To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
But I'm no legal expert...
Talk to your local Trading Standards office, they'll advise you free of charge.
mybrainhurts said:
Pulse said:
mybrainhurts said:
For rejection of the car, your action is against the retailer, not the manufacturer.
To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
Ok, so what do I need to tell the dealer in order to make this run smoothly? They have told me that because the warranty claim is being dealt with by my local dealer, they are unable to get involved.To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
But I'm no legal expert...
Talk to your local Trading Standards office, they'll advise you free of charge.
Thanks for the advice MBH. If I'd realised it would take 3 months to come to a WORSE CONDITION car, then I wouldn't have booked it into the bodyshop
Pulse said:
mybrainhurts said:
Pulse said:
mybrainhurts said:
For rejection of the car, your action is against the retailer, not the manufacturer.
To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
Ok, so what do I need to tell the dealer in order to make this run smoothly? They have told me that because the warranty claim is being dealt with by my local dealer, they are unable to get involved.To succeed in law, your rejection must be made within reasonable time after delivery. "Reasonable time" is decided by the Court, as it's not defined by law.
But I'm no legal expert...
Talk to your local Trading Standards office, they'll advise you free of charge.
Thanks for the advice MBH. If I'd realised it would take 3 months to come to a WORSE CONDITION car, then I wouldn't have booked it into the bodyshop
With a car, rejection is around 2 days IIRC... Anymore and you are deemed to have accepted it. It's not fair, but the courts are not interested in the thousands of cases which they would hear otherwise.
Your manufacturer can be liable, if they were negligent when producing the car..... But the contract is with the dealer.
Your manufacturer can be liable, if they were negligent when producing the car..... But the contract is with the dealer.
Speak to TS - they will give you the sales of goods act info.
I was told I could reject the car even after 3 months - and it sounds like you have given them ample time to sort the problem.
The problem with advice on here is that people often have different experiences and views both legally and in reality depending on the dealer they dealt with.
From a legal standpoint you might have a case but actually getting anyone to move on that is another matter.
You can in the case of a new car use one of the societies (SMMT?) to get involved and mediate on your behalf - but its not necessarily legally binding.
I was told when trying to reject my car by my local dealership (who were trying to help) it can be pain and grief.....
Not taking responsibility and pushing you from one to the next seems to be a trade trick!
I was told I could reject the car even after 3 months - and it sounds like you have given them ample time to sort the problem.
The problem with advice on here is that people often have different experiences and views both legally and in reality depending on the dealer they dealt with.
From a legal standpoint you might have a case but actually getting anyone to move on that is another matter.
You can in the case of a new car use one of the societies (SMMT?) to get involved and mediate on your behalf - but its not necessarily legally binding.
I was told when trying to reject my car by my local dealership (who were trying to help) it can be pain and grief.....
Not taking responsibility and pushing you from one to the next seems to be a trade trick!
halo25 said:
Speak to TS - they will give you the sales of goods act info.
I was told I could reject the car even after 3 months - and it sounds like you have given them ample time to sort the problem.
The problem with advice on here is that people often have different experiences and views both legally and in reality depending on the dealer they dealt with.
From a legal standpoint you might have a case but actually getting anyone to move on that is another matter.
You can in the case of a new car use one of the societies (SMMT?) to get involved and mediate on your behalf - but its not necessarily legally binding.
I was told when trying to reject my car by my local dealership (who were trying to help) it can be pain and grief.....
Not taking responsibility and pushing you from one to the next seems to be a trade trick!
Thanks Halo. I'm awaiting a response from TS, but will ring them tomorrow if I get time.I was told I could reject the car even after 3 months - and it sounds like you have given them ample time to sort the problem.
The problem with advice on here is that people often have different experiences and views both legally and in reality depending on the dealer they dealt with.
From a legal standpoint you might have a case but actually getting anyone to move on that is another matter.
You can in the case of a new car use one of the societies (SMMT?) to get involved and mediate on your behalf - but its not necessarily legally binding.
I was told when trying to reject my car by my local dealership (who were trying to help) it can be pain and grief.....
Not taking responsibility and pushing you from one to the next seems to be a trade trick!
SMMT, although it said on the net they could help, when I spoke to them, they were not all that helpful.
I will keep trying to fight it, as it's really disheartening, and to be honest, all I want now is another car, and won't touch Vauxhall again.
Pulse said:
Carreauchompeur said:
s
t- And I thought VXRMarc had problems! Are you sure you haven't broken out the paint thickness meter 
You think I'm being too anal? I am very careful with my car, to avoid such scratches, yet a BODYSHOP return it to me in that condition.t- And I thought VXRMarc had problems! Are you sure you haven't broken out the paint thickness meter . Please refer to the following link for a pictorial explanation of the term "picky".http://www.detailingworld.co.uk/forum/showthread.p...
Carreauchompeur said:
Pulse said:
Carreauchompeur said:
st- And I thought VXRMarc had problems! Are you sure you haven't broken out the paint thickness meter
You think I'm being too anal? I am very careful with my car, to avoid such scratches, yet a BODYSHOP return it to me in that condition.t- And I thought VXRMarc had problems! Are you sure you haven't broken out the paint thickness meter . Please refer to the following link for a pictorial explanation of the term "picky".http://www.detailingworld.co.uk/forum/showthread.p...
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