Locked in my Kia, faulty and dangerous…

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This topic contains 2 replies, has 2 voices, and was last updated by  Beccy 8 months, 3 weeks ago.

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  • #110266 Reply

    Beccy

    Hi Stuart, and anyone else who may be able to offer advice.

    I’m emailing you to ask your advice please and to also ask what I should do now, as unfortunately my brand new Kia Sportage is in for a repair at my local dealership due to a safety issue. I have had the on a 2 year personal contract hire lease since December 2016. It’s not a hire purchase, I’ll simply hand the car back after 2 years.

    I was out in it over the weekend with my husband and 6 year old son, when the doors decided to lock themselves and we could not get out. We’d had this happen a handful of other times since Christmas, but the ‘fault’ always seemed to clear itself, but on this occasion it didn’t, and we then had to drive to my local Kia dealership in Hull, where one of their technicians managed to free us.

    The Kia technician then also became locked inside, and had to free himself by exiting through a window! We were then told that we should not drive the car at all as it was deemed to be dangerous, and we were kindly given a loan car whilst the Sportage was booked in.

    Last week, I received a call from the Kia dealership to say that they ‘think’ they’ve found what is wrong, and have ordered a part/s, but unfortunately on a back order from Korea, so we could be without the Sportage from between 1 to 8 weeks!

    So, in effect I am actually paying for a lease on a vehicle that I don’t have, and also I’m not sure that any ‘fault’ may be fixed too, as the dealership weren’t too certain that this would cure it. By the way the Kia dealership have absolutely brilliant and have been so helpful.

    I’ve also been online to check if there are any recalls for this issue with this car, but have found nothing! so I just need to know what I should do now? As I mentioned above I’m now paying a lease on a car that I can’t drive at the moment, but I wanted to ask your advice first. The lease company have been informed but never mentioned that I would or wouldn’t still be required to keep paying my monthly lease charge.

    My main gripe is that I don’t feel I should be paying for a lease on a vehicle that I don’t currently have. Since the car has been at the garage, a lease payment has been taken from my bank account, so I am paying for the car, which I don’t currently have!

    Can you let me know what my next course of action should be please, as this is very concerning.

    I’d be very grateful if you could offer some advice and if any recourse is possible as regards not having to pay for the car whilst I don’t have it, etc.

    Yours sincerely, and in anticipation,

    Beccy.

  • #110313 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    Hi Beccy. Firstly, there is no provision or requirement for your lease payments to be stopped if your car is awaiting repairs. You can hassle the lease company into providing a courtesy car, but they are not legally obliged to.

    If the dealership is providing you with a courtesy car, you can’t really claim that you are paying for nothing. There is no obligation that any courtesy car offered has to be of the same specification as the original vehicle.

    You are still within your first six months of purchase, so you may be able to reject the car under the Consumer Rights Act. You would need to work with the leasing company on this, as the car belongs to them and not you.

    • #110351 Reply

      Beccy

      Thankyou ever so much Stuart, that’s very good of you, and your advice is much appreciated.

      Many thanks again and all the very best,

      Beccy

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