Rejected new car - Dealership closes

[ROC2304]

My son bought a brand new car from a vauxhall dealer in MRch 2019. It was faulty from day one. He attempted to reject it but the dealership would not accept fault. He purchased the vehicle on HP through vauxhall finance. VF were not willing to accept the rejection backing the dealership.

Fast forward to 2021 he has tried to work with the motoring ombudsman but as the dealership has closed so he cannot proceed that way.

He tried to make a complaint through the financial ombudsman. This prompted VF to offer an assessment of the vehicle through their nominated provider. They have since retracted the independent assessment. But VF have now created a letter stating that further to his complaints in 2019 it was there final decision as such FO are unwilling to deal with it. There was no letter received in 2019.

Any thoughts on how he proceeds.

[echat11]

Hi ROC2304

Why didn't VF check their records before initially saying 'they would offer an assessment'?

What I would do is send VF a SAR, they have 30 days to provide all the Data they hold on your sons finance agreement etc. Make the SAR as general, don't mention the letter. You can email it to their Data Protection Team. See what they provide, then move forwards from there.

https://legalbeagles.info/library/gu...ccess-request/

Was the whole transaction on finance? No Credit card deposit?

[Rocky98]

Hi exhaust

VF have been dodgy with the whole situation I've never received a final notice as when they supposedly sent it out the vehicle was still being assessed. They should of checked before offering it but didn't.

I will ask for the sar thank you for this information.

I paid the deposit on a credit card I tried earlier to use the credit card protection before but didn't get anywhere as vauxhall wouldn't investigate the car and provide evidence of issues and as a university student I don't have the spare money to get it investigated myself.

I originally went through the MO but it was cancelled as the dealership closed due to questionable reasons.

They like my father said went through the FO but they've made a letter to then throw that case out aswell.

Any advice would be helpful as I'm out of pocket for a car that was damaged upon collection and then been problematic from the get go so bad now it doesn't work properly and is sat on my driveway with barely any miles on it but I'm still paying

[des8]

Do you have a record (preferably written or on email) of your attempt to reject the car?
Please give us exact dates of delivery of vehicle and attempt to reject.

[echat11]

Send a SAR to your Credit Card company as well, again they will provide all the Data they hold on your account.

[Rocky98]

Des8 I collected the vehicle on the 1st of March 2019 and once I finish work

[Rocky98]

I will send date of rejection letters I've sent

[Rocky98]

My first rejection letter was on the 10th of March 2019, 2nd 28/06/2019, 3rd 14/7/19 4th 28/8/19 all either emailed or posted

[echat11]

My first rejection letter was on the 10th of March 2019, 2nd 28/06/2019, 3rd 14/7/19 4th 28/8/19 all either emailed or posted

How did you make your claim against the Credit Card company?

[Rocky98]

Echat11 I originally phoned them and asked about section 71 I believe they then asked me to send a letter with evidence and then email stuff aswell but they couldn't pursue the case as vauxhall was unwilling to look Into the numerous issues with the vehicle

[des8]

What were the issues?
Presumably you have proof of the unsatisfactory nature of the vehicle

If so I would be thinking of issuing a letter before claim to VF and another to the credit card issuer claiming breach of contract by supplying an unsatisfactory vehicle.
Under sec 75 they are both as liable as the trader
I would be looking for refund of all monies paid, and possibly damages and for them to arrange collection of the car

Neither will roll over, but if you don't apply the pressure they won't do anything

[Rocky98]

Des8 upon collection a chunk was damaged from the spoiler which they wanted to fix rather than allow me to reject which Wem faulty again, gearbox issues which are a common fault on the gearbox used, rusting leather seats, wheel bearing issue, stop start disabling the car that's just a few and that was under 2000 miles 2 and a half years later only 7500 miles as it can barely do anything.

If tried to apply pressure but would need to know who to try and speak to in the credit card company and then with VF they only allow me to speak to one person even after complaints about the person's disdain for me and he won't do anything even when the dealership damaged the car further they wouldn't fix it and neither would bosses in VM or VF

[des8]

You do not speak.. you write first class post with free certificate of posting from PO (and keep a copy)

[pt2537]

If the vehicle was purchased on HP, then you didnt buy it from the dealer, the finance company did, and they are hiring it to you. Therefore in terms of rights to reject they rest with the creditor not the dealer. the dealer going bust is not your issue.