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dangerous car being rejected....

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  • dangerous car being rejected....

    hi there…. First of all what a wonderful forum with a wealth of info.... glad I found it, though of course I wish circumstances were different.

    So I test drove a very powerful car on a cold morning (used car coming up to 3 months old) on the 16th of March this year.... My research had shown that you have to be carful with the tyres on this particular car as it uses Pirelli P zero Corsas which are an extreme summer tyre and hate cold temperatures and can be a handful until fully warmed up. On the test drive the rear of the car did indeed wiggle about. The test drive consisted of dual carriageways with a 40/50 mph speed limit and had average speed cameras , a turn around in a turning point between the two sides of dual carriageway and some slow town work of no more than a mile or so. So I was not too worried as I thought the wiggle at the back of the car was the cold tyres and I did mention the rear end of the car was loose and added those tyres need warming up or something along those lines. to the salesman. So picked the car up on the 23rd march 20. I should add that the garage is some 200 miles from my home. The drive consisted again of dual carriageways and motorway on the M6 and M5. On the way home the car wiggled for the first time after half an hour of driving whilst accelerating.. Caught me my surprise.. It did in fact do this several more times and my doubts that the tyres were at fault were starting to decrease, though I did think maybe tyre pressures could be the cause.. So having finally driven nearly 170 miles or so on straight motorway I came off and hit the A roads... To my horror on the first left hand bend I took the car seemed to slip at the rear, then steady itself before slipping again... I couldn't believe it... It done it several more times on bends, so I stopped and checked a tyre was not down or fitted incorrectly. I should add, this is not a steering issue, its the rear end of the vehicle not functioning correctly.. At this stage I was in shock.. I had spent 40k on a car and it had a fault. Those wiggles on the test drive were indicative of something else.. Add in that the test drive didn't include any flowing bends and you can see how I got caught out.

    So as soon as I got home I did a visual check again and nothing obvious was wrong.. At this stage I immediately phoned the Car dealer saying the car was dangerous. I had to limp it home and I was not very impressed. The response I got was to take it to the Franchised dealer as if I took it back to him, that's all what he would do.. I told him I was not happy as the vehicle is dangerous and my nearest dealer is 60 miles away. In a state of shock I agreed to this though as didn't see any way out. I needed to collect my thoughts. So managed to get a vehicle booking at the dealership a week later for the 30th March but because of the lockdown and Coronavirus they cancelled on the 25th March. I took the car out for a few short test drives but still couldn't find anything obviously wrong. I felt the car was a danger to not only me, but other road users due to its unpredictable nature round corners and straights too when at random it would just get into a state of fishtailing from the rear. Can I just state too, the faults described occur at slow to normal speeds too. You don't have to be driving hard at all for it to all go wrong. So after the garage cancelled and no idea when they would reopen and my growing concern of the vehicle not being fit for purpose I decided to Reject the car.... Spoke to the finance Company (car was bought with my deposit and a pcp deal), and told them of the fault and I was now rejecting the car on the 26th march 20, just days after collecting the car. I also arranged at my own cost for the vehicle to be inspected at my own cost on the 29th March 20 as I thought I would need some proof. I received a reply from the Finance company on the 30th saying dealer had rejected my claim and quoted the vehicle was fine and it was the Ackermann steering affect. The Ackermann its certainly is not.. Its not a steering fault with the front wheels. They asked if I could take the car to the dealer to show them the fault and I told them I was not prepared to do that as the car had now been inspected and the engineer has found what I am saying to be true and there is indeed a fault of some nature with the vehicle though nothing obvious is apparently wrong on a visual exam. The engineer concluded the vehicle was not safe and not fit for purpose. I told them I was not prepared to drive in an unsafe vehicle and I didn't see the point as I was not sure what a salesman could add . So the finance company asked me to submit the report when done to them. So on the 7th April 20 , the report was sent to them and the dealer too (they never responded to my email), saying I was rejecting the car and here is my proof. So that's where we are.... I contacted the Finance company on the 16 of March 20 for an update and they said they had submitted the report but had not heard back from the dealer yet and thanked me for my Patience.

    Oh Nearly forgot . I also emailed the dealer the day after buying the car too, just putting into writing my dismay at the fault and that the cold tyre situation with the Pirelli p zero Corsas had made me think the car was fine when clearly it wasn't.. The reply I got back was that the car was fine on the test drive ( he never drove though?) and pdi. Having said that he clearly stated after my test drive the car would not be driven now, so I am not sure what kind of pdi was done. My reply was that I respectfully disagreed with him that the car was okay on the test drive.

    So my question is, Is their a timeframe the dealer has to respond by ? .. They are still open btw and trading online and their website says they are still open despite the lockdown. Now I know I might have to be a bit more patient because of the current situation with Coronavirus but as a guide what are the normal timelines for them to respond and give me their final decision? I ask as I think the next stage is to start court action but would that be against the Finance company? The Dealer? or Both? After all the Finance company have a dud car on their hands too as they technically own it.


    Tags: None

  • #2
    hi and welcome.

    You told the dealer about the fault the day after taking delivery.
    You told them the car was unsafe, not fit for purpose and not satisfactory

    They have the right to examine the vehicle prior to deciding whether or not to accept your rejection.
    If they accept they have 2 weeks in which to make a refund.


    The general rule is that they have to deal with the matter within a reasonable time and without significant inconvenience to the consumer, (although what is reasonable will obviously depend on current conditions).
    It is for them to collect the vehicle or pay for its return.
    As they are still operating (albeit under "lock down" conditions) I would revert to the finance company and point out the dealer is not acting reasonably, and your claim for damages is increasing daily whilst you keep an unsafe vehicle insured and taxed.

    Comment


    • #3
      Hi DES8....:-) Thank you in the first instance for the fast reply.... and giving me of some idea on timeframes. much appreciated.

      yeah I am more than happy for them to examine the vehicle as long as they sort out a recovery truck ..

      I will wait till towards the middle of the week which will then be 14 days from submitting my engineers report and then see where the land lies...

      Thanks again...

      Comment


      • #4
        So a bit of an update on this one.... Was advised to send the Finance company and car dealer a Warning letter yesterday as they had not responded and got a response today... Was asked to take the car to a car dealer for a vehicle check as it was still under the manufacturers warranty. Don't forget my engineers report says the vehicle can be dangerous and I don't want to put myself or anyone else in danger and so the vehicle would have to be put on a tow truck and is obviously closed until further notice. So I said I wasn't happy to drive it there, but was offered a second choice of them conducting a vehicle inspection. Of course the company they use are also closed. So seem to have made some progress in that they now want to get the vehicle checked themselves which I accept is their right and what ive been waiting for them to say at the least.

        I am guessing though i am stuck in No mans land because nothing is Open....

        Comment


        • #5
          Don't forget it is their responsibility to collect the vehicle now that you have rejected it.
          Don't let them talk you into taking it anywhere for a report or because it is still under warranty.
          If you feel it is unsafe you could find your insurers voiding your cover if you subsequently drive and have an accident

          Comment


          • #6
            "...the car had now been inspected and the engineer has found what I am saying to be true and there is indeed a fault of some nature with the vehicle though nothing obvious is apparently wrong on a visual exam. The engineer concluded the vehicle was not safe and not fit for purpose".

            What did the engineer actually find that led him to conclude that there was a fault or not fit for purpose?

            Comment


            • #7
              Hi DES8..... Yeah I wont be taking it anywhere myself... Certainly not driving it as like you said I too don't think insurers would cover me for an incident knowing what i know and I let the Finance company know it. Besides I wont drive it as its deemed unfit .They said but the cars been on a test drive, so it must be okay to drive to a dealer. Yeah well my nearest one is 60 miles away anyway and the report says the car is not fit for purpose and could be dangerous under certain road conditions.. Unbelievable what they will try and get you to do.

              I have once again let them know the car is ready to collect as its under Rejection and I am well aware of their rights to get their own inspection done by whoever they wish to choose.

              Comment


              • #8
                Manxman. The car has a handling defect which is really scary and unpredictable... I called in an Engineer to do a report as my proof of this. he concluded that the car does indeed have a handling defect that could prove dangerous and cause the driver to lose control of the vehicle.

                Comment


                • #9
                  So just an update especially as DES8 has been brilliant with info. The Finance company have advised if I wont take it to a dealer ( I get the feeling they were pushing for this route as they are hoping the dealer fixes the fault FOC for them as the cars warranty with the maker runs till end of may. ), that the only other option is a vehicle inspection by Dekra which I am happy for as like I said before I accept their right to inspect too. .. As Dekra are closed though, it does seem very much a case of these are unusual times I am just going to have to Grin and bear it till things reopen.. Unless of course anyone thinks I should be doing anything additional? I have once again reminded them the vehicle is ready for collection and it must be trailered away or put on the back of a truck for safety reasons

                  Comment


                  • #10
                    Did you get a written report from your own engineer who found the car dangerous?

                    Altho'* Dekra are well respected remember he who pays the piper calls the tune!*

                    Comment


                    • #11
                      Hi DES8. Hope you are good..... Yes I do have my own copies of the written report both in hard copy and pdf on the computer.

                      I sure get where your coming from as I thought the same as you of who pays the piper calls the tune.But then though with such a dangerous fault you would hope that would be not the case. :-)

                      Comment


                      • #12
                        Hi DES8. Would value your input again on a new development of sorts. After offering an alternative way of checking the vehicle themselves via Dekra the dealer and Finance company have now asked if I call an dealer for the maker of the car, that dealer will collect the vehicle FOC for diagnosis as the car is still under the makers warranty (till end of the month). I asked why they were pursuing the line of wanting to take the car to the makers dealer and they replied to confirm the faults are present.*
                        But I have replied saying once the faults are confirmed will they pick the car up immediately from the dealer themselves as I wish to reject or are they expecting the dealer to fix the fault first ?. Now that I would be not happy about as that could take months especially if parts are out of stock from Italy due to their lockdown and shutting of factories there and would just add to the time before they got the car back and my rejection of it. Does it sound like they are almost trying to force me down the route of accepting one chance to repair*

                        I understand they have a right to inspect but just wondering if something else might be in play **

                        Comment


                        • #13
                          Okay they have replied, they can not tell me what the next steps will be, until they have seen the diagnostic report from the makers dealer

                          Comment


                          • #14
                            You rejected the car within 30 days of taking delivery, so they do not have the option of repairing it unless you have requested or agreed to a repair.

                            Comment


                            • #15
                              Thanks DES8 *

                              Comment

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