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My rights to refuse my car .

TCE home 2021 Forums Technical Discussions My rights to refuse my car .

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    • #116420
      judith mcnulty

      Hello , I need help please I am worried about the new car I bought . I paid the full amount of 18,500 for a 2014 64 Kia Sorento sat-nav . 20,000 miles on the clock with full history and free service left from the previous owner . I bought from a dealer up country as I live in south wales , I was unable to visit the dealer as I work have children and my husband is disabled . They sent me a video of the vehicle which all looked fine and were helpful , The deal included delivery and it came with a tow pack which I thought might come in handy for carrying my childrens bikes on . The vehicle was delivered on the date they arranged by the plates man who then goes to another garage to deliver some one elses car for them . I was given a form to sign as I looked over the vehicle myself with no explanation of how things work etc , He took the milage and photos handed me the keys and paperwork like the green slip and service history etc and the two keys and he was gone , I wasn’t asked if I wanted a test drive or anything so I was going off trust , The first day we only drove around the corner and parked , We live in a terrace row on a hill . It wasn’t until the next day we went out in the vehicle , We noticed first gear changing up to second gear was clunky but worse was to come , When we arrived home to reverse inbetween our neighbours cars each side of us there was a terrible smell from the clutch , It was so bad my children where nearly sick . So we got them out and waited for the vehicle to cool to try it again , We tried a few times to reverse and the same smell was there . Frightened of only just buying it I e-mailed the dealer we bought from , I said I was afraid the car isn’t up to what we want it for , And that is to be able to reverse up hill with out the smell from the clutch , This isn’t driver error as I am experienced and my husband is an ex HGV driver .I said I want to exchange meaning I want to reject the car but I couldn’t think at the time as I was upset , We had an e-mail the next day that said they would be happy to ” Part exchange the vehicle for a different one or I could take it to the nearest Kia dealer , Confused I agreed to take it to our Kia dealer who put a service fitter on to us to test , He said there is a smell from the clutch in reverse and shouldn’t be happening , He said he would issue a issue note for an advisor to give him some info and will get back to me today or tomorrow 27/06/2017, I thanked them and went home contacted the dealer I bought from and told them what I knew so far concerning the problem , They e-mailed me stating he had googled Kia Reversing problems and said that others are suffering the same problem and its kia’s Issue ?? He said he didn’t have a problem his side when we were given the car ? I am very very worried now , Can somebody please help me .

    • #116455
      Stuart Masson

      Hi Judith. Apologies, not sure why my reply yesterday afternoon did not register.

      As you bought the car off-premises, you will have a 14-day cooling-off period in which you can withdraw from the purchase for any reason at all. As long as the car is in the same condition as when you bought it, you are entitled to a full refund and the dealer is obliged to collect the car at their expense (unless they have provided you with an official return policy that says otherwise).

    • #116536
      Graham G

      Hi Stuart
      A little advice please. We purchased a new LR Evoque in September 2016, within a couple of months we had a number of faults, i.e sat nav radio auto gearbox with a mind of its own, electric memory seats not functioning correctly but, more importantly, the windscreen totally misted up with no warning and very randomly.
      Long story short, the car has been to two dealerships, one being the supplying dealer, they had the car for 3 months and now because they want their loan car back, state their engineer can find no fault with the car and delivered it back to us with the same faults as before.
      They have dismissed a claim for rejecting the car but have offered to give us a ridiculous trade in figures, approx. £15000 less than we paid 9 moths ago.
      We have photographic evidenced of the windscreen misting but their engineer could not replicate the problem. Basically, does he have the final say? This is a short version as the email trail is vast.
      Should we consider legal action?

      • #116658
        Stuart Masson

        Hi Graham. You are now outside your six-month window provided by the Consumer Rights Act for rejecting the car. That doesn’t mean you can’t reject the car, but it means it is more difficult.

        If the dealer has denied your rejection, then I would definitely suggest you seek some legal advice to see how best to proceed. If you have a “vast email trail”, it should at least improve your chances.

        You can (and probably should) also get a part-exchange appraisal elsewhere, as it may be that your current dealer is trying to lowball you on the value of your car as well.

    • #117585

      I took delivery on 24th July from a franchised dealership of a new VW Polo , financed through VW Finance . The first problem surfaced within hours – the passenger door window mechanism would not return to closed position . The next day , the dealership repaired the problem , explaining one of two retaining nuts had worked loose – the car had covered 30 miles !! Then , when attempting to start the car for the first time following window repair, the car would not start . The dealership came out to the vehicle , and diagnosed the fault to be an incorrectly fitted ‘clutch depressed’ sensor- this caused the on board computer to believe the clutch was not depressed . So , within 24 hours of collecting a new car , two problems rendering the vehicle as not fit for purpose .
      The dealership response cannot be faulted . On the other hand , my feeling is that the new car could well have other problems not revealed by the manufacturers PDI process .
      The car is financed through VW Finance. I have asked the dealer if they have or intend to advise VW Finance of the issues expereienced , as VW Finance is technically the owner of the vehicle . I have not received a response from the dealership .
      I am now considering rejecting the vehicle and insisting on an identical replacement on the same commercial terms . The dealership will likely not want this to happen for commercial reasons . Any advice on how to deal with the dealership and VW Finance would be appreciated .

      • #117669
        Stuart Masson

        Hi Gerry. The first fault would certainly not qualify as grounds for rejecting the vehicle under the Consumer Rights Act. The second issue may be viable if it is an ongoing problem, but given that it was easily diagnosed and fixed, it is unlikely to count for anything.

        A vehicle with a fault (or faults) is not the same thing as a faulty vehicle. Your Polo appears to be the former and not the latter, based on the problems you have identified.

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