Rejection rights.

[divybc]

Hi all, new poster, long time viewer.

So to cut a long story short.

I attempted to reject a brand new car within 30 days due to a gearbox whine happening within the first couple hundred miles of using it.

Dealership kindly told me where to go, so I utilised the finance company which is now coming up to 8 weeks on their complaint and they are having an independent company "DEKRA" come out tomorrow to assess the car.

I have no doubt whatsoever that their findings will be the exact same as my claim, however, the finance company have instructed me that this is just exactly that, a report.

Question I keep asking myself is why are they paying 300 pounds to get someone to report on it if it's "just a report"?

They are fobbing me off with lines like "The dealership has the final say" which I'm sure is not true, but could anyone enlighten me if that is the case?

Surely this report would put the claim to bed really and proceed on with the rejection?

It's worth noting that this is indeed a brand new vehicle and the rejected was put in writing within 30 days

Thanks for any input, it's appreciated.

[des8]

DEKRA is one of the most well respected vehicle inspection companies throughout Europe.

You rejected the vehicle within 30 days and if it comes to the crunch it is the courts who will decide the issue, not the dealer nor the finance house.

As it is within the first 30 days you have to prove the vehicle was unsatisfactory when you purchased it.
The DEKRA report hopefully will support your assertion, but as it was commissioned by the finance company they may not release it to you.
Just have to await developments

[divybc]

DEKRA is one of the most well respected vehicle inspection companies throughout Europe.

You rejected the vehicle within 30 days and if it comes to the crunch it is the courts who will decide the issue, not the dealer nor the finance house.

As it is within the first 30 days you have to prove the vehicle was unsatisfactory when you purchased it.
The DEKRA report hopefully will support your assertion, but as it was commissioned by the finance company they may not release it to you.
Just have to await developments

Hey Des! Thanks for your response.

I'm going to request that the employee from DEKRA who comes out tomorrow give it to me. I just keep asking myself the question "Are the finance company here to help me, or the dealer?"

According to the finance company, it was the dealer who actually sanctioned the report and the finance company agreed.

Hopefully the finance company actually uphold it and that'll be that. I've found out in life that these things mostly don't work like that though lol.

[des8]

As the report has been commissioned by a third party DEKRA may not release it to you.

The finance company aren't there to help you.
They own the vehicle you are rejecting, and your letter of rejection should have been sent to them.
They will lose your business (and the profit that goes with it) and then have to recover from the dealer.
They will probably not be eager to accept your rejection, but if the fault is identified they will possibly offer to repair it.
You do not have to accept that offer.

[divybc]

As the report has been commissioned by a third party DEKRA may not release it to you.

The finance company aren't there to help you.
They own the vehicle you are rejecting, and your letter of rejection should have been sent to them.
They will lose your business (and the profit that goes with it) and then have to recover from the dealer.
They will probably not be eager to accept your rejection, but if the fault is identified they will possibly offer to repair it.
You do not have to accept that offer.

I assumed so.

I may ask if the DERKA technician can provide me with the report for a cost obviously just as if I was paying for the service alongside them. I received a response a while ago on resolver from the dealer stating:

"Dear,

Thank you for contacting Customer Services on 9 February 2019.

We have liaised with the branch, who have been unable to replicate the fault and as such we would not accept rejection. You would now need to seek independent inspection from the AA, RAC or DEKRA to move forward.

Thank you, this will be our final response on this matter, until an independent report is obtained from one of the aforementioned inspectory bodies.

Kind Regards,"

So it seems like this report is what they wanted all this time. If I can get that in my hands then I would envision no problems proceeding with the rejection.

[divybc]

Hi Des, as easily suspected, DEKRA have been and gone and the guy was outstanding. Very thorough and backed every single fault I had to claim about. He said it was embarrassing.

He said the main thing here is that whilst I can request the report, it will always be on DEKRA systems and finance house have no means to tamper with it.

If I want it, I should have no problem getting it from dekra as I am the registered keeper of the car.

It might not even come to that, because they'll have to offer a suitable solution now.

[des8]

Thanks for the up date
Be interested in seeing where this goes, so please keep us informed

[divybc]

Thanks for the up date
Be interested in seeing where this goes, so please keep us informed

Will do for sure.

Report will be in either tonight or tomorrow.

I'll give my case handler a call on Monday.

[Aukey]

I had a situation with a finance company and report etc, after the report the finance company dealt with it as they had independent proof which backed things up......

[divybc]

Hi Aukey,

They got the report today, so waiting on a callback to discuss it.

They said they use it to Liase with the dealership which sounds like "were trying to get a get out clause" but in a nice way.

Glad to know you have had sucess with this route. It was them who sanctioned it, and the findings are clear. There is no hiding from the law as far as this goes now.

[divybc]

Update, fuming to say the least.

vx said the report said "fault may develop"

Told me to do one.

[divybc]

Report states:

"On the test drive engineer could hear a slight whistle from the vehicle, this was only apparent in third gear and once in fourth gear.
This sounds like a very faint turbo whistle but only happens in third gear.

This vehicle will have to be returned for further investigation regards the whistle noise from the engine area, this is a new vehicle with less than 3,000 miles.
This noise is apparent but may have to develop to properly identify exact location."

So according to them, I need to let the new car develop its fault.

[des8]

OK next move is yours.

You claim vehicle is unsatisfactory.
You suggested this was because the gearbox was whining whilst DEKRA admit there is a whistle, but source unknown.

Now you must decide if it is satisfactory for a new vehicle to whistle/whine, or would it be considered only a minor problem
IMO a new vehicle should not have any faults but that is just picky me!

As you have covered 3000 miles I suppose you are still using it
You could commission your own report and if it produces a different result you would have an arguing point.
Are you a member of any motoring organisation that might help in this eg AA RAC?

Without some such supporting evidence I would be wary of initiating court action if your claim would be in excess of £10000 because of the risk of adverse costs in the event you lose.