Brand New Car Issues

[Housebound]

Hello All,

I purchased a brand new Vauxhall Corsa through telephone and email with a main dealership(on finance) the vehicle was delivered to my house on 06/08/2021 on a trailer. After having a quick look around the vehicle I could not find anything noticeable standing out to me that was wrong, so I signed the required paperwork and the delivery man was swiftly on his way. Weather wasn't the best upon inspecting the vehicle whilst the delivery drive was present so I decided to have a more thorough look a couple of hours later after the weather improved. 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 dealership sent out a preparation manager who told me during his visit to my house to view the vehicle that he had a polisher in the boot and he could attempt to repair the issues, which I refused. On a final response from the dealership 12/08/2021 the director stated the offer of repair has now been revoked and that I am to contact the Motor Ombudsman. Surely I am protected under the CRA2015 or the Distance Selling Regs here? I did send a letter of rejection to the dealership director after receiving the final response and also made them aware of CRA2015 and Distance Selling, they replied "I appreciate you do have your statutory rights and I shall be speaking with Vauxhall today with regards to your cooling off period reference the finance.

Any advice on my rights would be much appreciated.

Seems the sizes of my pictures regarding damage are to big to upload to site

[ostell]

Use an external site such as imgur and put the link on here.

Keep the finance company in the loop, they own the car

[des8]

No need to go via motor ombudsman
Write (first class with free certificate of posting from PO) to dealer & finance house rejecting the vehicle
1) under your statutory rights as per CRA 2015
2) distance selling regulations

a double whammy!

[echat11]

Hi Housebound

You have the right to reject the car under the Consumer Rights Act 2015. It's a new car so you should expect it to be fault free.

Referring you to the Motor Ombudsman is nonsense.

You bought it on finance, how did you pay the deposit?

https://www.autoexpress.co.uk/tips-a...ghts-explained

Amend and send the dealer and the finance company the following (send Recorded Delivery if you can).

https://www.which.co.uk/consumer-rig...r-aeziX3M7tYNw

[Housebound]

https://imgur.com/a/RYhGSWh - known issues with vehicle

[Housebound]

Does the excuse they are using that I didn't allow them to wash the vehicle hold any value?

[echat11]

Does the excuse they are using that I didn't allow them to wash the vehicle hold any value?

No, it's a new car, you expect it to be in pristine condition. The faults identified by you wouldn't be rectified by them washing the vehicle.

[Housebound]

No, it's a new car, you expect it to be in pristine condition. The faults identified by you wouldn't be rectified by them washing the vehicle.

"I appreciate you do have your statutory rights and I shall be speaking with Vauxhall today with regards to your cooling off period reference the finance.


I understand that you are not using the car".

Email I received from dealership this morning after sending an email last night regarding CRA2015 and Distance Selling, any reason they'd be contacting Vauxhall Finance regarding cooling off period?

[echat11]

"I appreciate you do have your statutory rights and I shall be speaking with Vauxhall today with regards to your cooling off period reference the finance.


I understand that you are not using the car".

Email I received from dealership this morning after sending an email last night regarding CRA2015 and Distance Selling, any reason they'd be contacting Vauxhall Finance regarding cooling off period?

Because you bought it on finance and to probably give their summary of events to the finance company.

[Housebound]

Update: Vauxhall Finance have sent a final response to my complaint siding with the dealership regarding me asking them not to valet the vehicle. And the fact the dealership offered to repair the issues which I declined. Obviously I contacted the Motor Ombudsman as advised by the dealership and submitted my complaint with them. Regarding the county court route is there an average of cost involved?, I would love to get this matter resolved as I think I am well within my rights regarding looking for a replacement vehicle/rejection.

[echat11]

Update: Vauxhall Finance have sent a final response to my complaint siding with the dealership regarding me asking them not to valet the vehicle. And the fact the dealership offered to repair the issues which I declined. Obviously I contacted the Motor Ombudsman as advised by the dealership and submitted my complaint with them. Regarding the county court route is there an average of cost involved?, I would love to get this matter resolved as I think I am well within my rights regarding looking for a replacement vehicle/rejection.

Does Vauxhall Finances letter mention complaining to the FOS? Does it state any other reason for rejecting your complaint (besides the valeting issue)?

How did you pay the Deposit for the Finance?

[des8]

You have 14 days from delivery of the vehicle to reject it without explanation under the distance selling regulations (more properly the the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013,)

So as you still have two days left email the dealer and the Finance Company and tell them you are exercising your right under that act and cancelling the contract.
That gives you another 14 days in which to return the car.

Otherwise go via Motor ombudsman and wait forever before finding he sides with the trader!

Or initiate court action which has an upfront cost, a lengthy period of to & froing before the case is heard.
Your court costs are included in your claim, but a win is not certain.

[Housebound]

Does Vauxhall Finances letter mention complaining to the FOS? Does it state any other reason for rejecting your complaint (besides the valeting issue)?

How did you pay the Deposit for the Finance?

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

[Housebound]

You have 14 days from delivery of the vehicle to reject it without explanation under the distance selling regulations (more properly the the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013,)

So as you still have two days left email the dealer and the Finance Company and tell them you are exercising your right under that act and cancelling the contract.
That gives you another 14 days in which to return the car.

Otherwise go via Motor ombudsman and wait forever before finding he sides with the trader!

Or initiate court action which has an upfront cost, a lengthy period of to & froing before the case is heard.
Your court costs are included in your claim, but a win is not certain.

Yes, I will submit an email exercising my rights under the Distance Selling Regulations, but I'm guessing they won't take a bother of notice.

[Housebound]

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?