Brand New Car Issues

[ostell]

What happened to your rights under Consumer Rights Act 2015

[Housebound]

What happened to your rights under Consumer Rights Act 2015

Dealership completely ignored it and referred me to Motor Ombudsman, Dealership Principal seems to believe because they offered to fix the "minor" issues when they visited me at home on 9th August and I rejected the repair that I have no case regarding CRA 2015

[echat11]

Yes Vauxhall Finance letter does mention FOS quote from final response from Vauxhall Finance

"Based on current evidence provided by the dealership and them not be granted an opportunity to valet a vehicle that has been in transit, we are of the opinion that your vehicle was delivered to you in good faith, it was protected as much as it could be and the dealership have acted equitably by trying to resolve the issue for you"

No deposit was paid on the finance

The thing is, you don't know what information the dealership has conveyed to Vauxhall Finance, is it just the mention of 'valetting', which I believe is the case.

Did the Dealership mention any of the following:

'I found staining on the roof, 2-3 noticeable scratches, paint bubbling?(unsure can attach pics) and scratches on the entertainment system. I did raise a formal complaint via email to the dealership director on 07/08/2021, they didn't get back to me until 10/08/2021 stating that because I had requested the vehicle not to be washed the issues couldn't have been found during pre inspection at the dealership before delivery.'

The valeting is nonsense because if would fix the faults you highlighted.

[ostell]

Use both. Goods not of merchantable quality, absolute right to reject within 30 days etc

[Housebound]

The thing is, you don't know what information the dealership has conveyed to Vauxhall Finance, is it just the mention of 'valetting', which I believe is the case.

Did the Dealership mention any of the following:

'I found staining on the roof, 2-3 noticeable scratches, paint bubbling?(unsure can attach pics) and scratches on the entertainment system. I did raise a formal complaint via email to the dealership director on 07/08/2021, they didn't get back to me until 10/08/2021 stating that because I had requested the vehicle not to be washed the issues couldn't have been found during pre inspection at the dealership before delivery.'

The valeting is nonsense because if would fix the faults you highlighted.

Final response from Vauxhall Finance is attached here, they don't mention the 2-3 noticeable scratches or paint bubbling even though I provided pictures to them

[echat11]

I have issued the email stating to exercise my rights under the Distance Selling Regulations, just phoned the dealership to make them aware verbally as well as via email that I am doing this. Dealership principal stated she would need to contact there legal department for advise as she's never heard of this before?
Does it matter if I run over the 14 days period if they take a while to come back to me?

Just send the emails to the dealership and finance company as stated in post 12 by DES8.

You can't trust the Dealership.

They can comeback to you when they like, but do the stuff you have too.

[des8]

Don't let it run over.
After a week, if no response, tell them you are considering court action to enforce your rights.

Regarding the two week notice I think it is Cinch who are currently running an advert on TV which grandly states you can return the car within two weeks if you don't like it. They make it sound as if it's a special deal from them, but of course it is the buyer's right

[Housebound]

Don't let it run over.
After a week, if no response, tell them you are considering court action to enforce your rights.

Regarding the two week notice I think it is Cinch who are currently running an advert on TV which grandly states you can return the car within two weeks if you don't like it. They make it sound as if it's a special deal from them, but of course it is the buyer's right

Just had an email from Dealership stating they have received my rejection under Distance Selling and to "leave it with them" while they speak with there legal team.

[Housebound]

Are you sure Distance Selling Regulations can be used if a vehicle is bought on PCP/HCP?

[des8]

Why not? I don't recall any exceptions

[Housebound]

Why not? I don't recall any exceptions

According to Vauxhall Finance

1: Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR) – but the CCR does not apply to credit agreements (confirmed in Regulation 6(1) of the CCR.

[des8]

Sorry, should have advised that the 14 day cooling off period for Consumer Credit is covered by the Consumer Credit Act 1974. (sec 68).
So back to VF

[Housebound]

Sorry, should have advised that the 14 day cooling off period for Consumer Credit is covered by the Consumer Credit Act 1974. (sec 68).
So back to VF

Funny turn of events as mentioned yesterday when I sent over my right to cancel/reject under Distance Selling Regs/CRA2015 the dealership said they would talk with there legal team. I have had a response back this morning "We are awaiting a response from the Motor Ombudsman, they have said this could take up to 2 days, rest assured I will chase, and get this clarification and advise them of your complaint"

Only issue I have is that I cannot see what they've asked the Ombudsman but surely has to be good news right?

[echat11]

Funny turn of events as mentioned yesterday when I sent over my right to cancel/reject under Distance Selling Regs/CRA2015 the dealership said they would talk with there legal team. I have had a response back this morning "We are awaiting a response from the Motor Ombudsman, they have said this could take up to 2 days, rest assured I will chase, and get this clarification and advise them of your complaint"

Only issue I have is that I cannot see what they've asked the Ombudsman but surely has to be good news right?

That's more nonsense from the Dealer, they can refer you to the Motor Ombudsman but they can't make a complaint on your behalf (It could be that they are seeking advice from them, which they can do, but I still don't get it).

It might be an idea to contact CAB / Trading Standards, give details of your complaint (they are messing you about regarding the rejection of the car), they will give you a Reference Number which you can use in future correspondence They seem to be delaying things..

[MIKE770]

Reporting to Trading Standards - Citizens Advice