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Hi all,
I'm seeking advice on a dispute with a franchised dealership, regarding a CRA 2015 short-term rejection of a brand-new electric vehicle that is faulty.
Here is the timeline of the dispute:
On 13 Nov (the day of the collection):
1. I collected an electric vehicle from a franchised dealership, and the value is over 30k (28k was paid with multiple credit and debit cards, plus a part exchange). I believe that Section 75 does not apply here.
2. I spotted two long scratches (>10cm) on the car, and the dealer promised verbally to rectify these.
3. On the way home, the tire pressure system (TPS) started warning me about abnormalities.
4. The driver drowsiness detection system is showing a fault message, the dealer said it will be fixed in the future.
On 16 Nov:
I returned to the dealer as TPS kept warning me. The dealer checked and said they are fine, it's the weather-induced fluctuations. They booked me in on 18 Nov for an inspection of the driver drowsiness detection system.
Meanwhile, I joined an owner club online, and many owners were talking about this model:
1. A dipping undertray
2. Driver drowsiness detection system fault
3. Dangerous lane keep assist behaviour
4. Transmission oil leak caused by a design flaw
After inspecting my car, I confirmed that my car has the followings:
1. fault 1-3 mentioned above
2. TPS is showing warnings
I reported all these via phone calls and the dealer said they will be checked on 18 Nov.
It is also evident that the car manufacturer has acknowledged faults 1,2,4 via internal technical documents sent to dealerships. I also received emails from the car manufacturer's customer service regarding the dipping undertray, that a new undertray is being designed.
On 18 Nov:
I dropped the car off at the dealer and got a courtesy car. On the day I noticed they have another new car of the same model, I checked its undertray and it was having the same issue, I took a photo and showed it to the dealer.
I chased them daily for updates, but none were provided until 22 Nov. They claimed that:
1. The dipping undertray is by design, as the brand-new car they just received is showing the exact symptom.
2. The driver drowsiness detection system fault will be fixed in the future.
3. The inspection did not include a check on lane keep assist.
4. They did not find a trace of an oil leak.
5. The TPS is now fixed.
Given how common the issue is, I disagree with their claim 1, forwarded the emails I got from the car manufacturer, and requested that they open a technical case with the manufacturer to investigate further. They verbally agreed but there was no evidence that they have done so. I continued chasing them daily for updates and again no updates were provided, as a result, I expressed my intention to reject the car via phone calls and emails if they do not fix the faults.
On 23 Nov:
I still do not have anything from them, therefore I decided to exercise my short-term right to reject on the ground that the car is not of satisfactory quality (fault 1), not as described (fault 2, as it is described as a feature on their website) via phone calls and emails to their branch.
On 25 Nov:
I had to collect the car as my insurance company needs to install a black box or my policy will be canceled.
When I arrived there, the dealer claimed I should send the rejection request to their compliance team, and provided the wrong email address. I found the correct one online, sent my rejection again, and insisted that 23 Nov is the date of rejection and I expect a full refund within 14 days. I also demanded that the dealer should inform all owners with regard to these faults, which they rejected.
I chased them daily for updates, but none were provided. Meanwhile, the car was parked on my drive, and I did not use the vehicle.
On 4 Dec:
I found that the car started leaking the transmission oil, as there are oil marks on the undertray. I immediately notified the dealer via phone calls and emailed them a photo.
On 6 Dec:
The compliance team sent me an email with their final decision of rejecting my rejection, on the ground that:
1. A dipping undertray does not affect the performance and drivability of the car, as claimed by the manufacturer emails I forwarded to them. However, it is clearly false, as the dips create aerodynamic drags and negatively affect the range of the car.
2. All other faults I've mentioned, are not confirmed to be present from their inspections.
I was not satisfied with the decision and insisted they should inspect the car again, so they booked me in on 7 Dec.
On 7 Dec,
I dropped the car off and waited in the branch, they finished the inspection quickly and dismissed all the faults. They claimed the oil marks on my undertray appeared to be engine oil (which the car does not have any) so could not be originated from the car itself, therefore there are no oil leaks.
I repeatedly insisted that they should inspect it again, they eventually agreed reluctantly and kept me waiting for several hours, and came back with the same conclusion.
I then noticed my car interior was damaged as the dash material shows several bulges, I showed the bulges to them and they said I need to prove that the bulges did not exist prior to their inspection.
I posted on the owner club for help, and some owners shared the experience of their dealers fixing the oil leaks, and I learned that the manufacturer even issued a new part (called a breather) for it.
I emailed the information to my dealer and they insisted that there has been no communication between them and the manufacturer, and the fact that my car is not showing signs of leaks, they would not open a technical case for me.
I then contacted the car manufacturer's customer service, they insisted that the dealer should open a technical case, otherwise there is no point contacting customer service as they need to see the detailed inspection report. So this is a dead end.
On 8 Dec,
I tried to book an inspection with other authorised dealerships, I could not get any appointment within the 30-day short-term rejection period. With the help of the online owner club, one authorised dealership 70 miles away from me agreed to inspect it on 9 Dec.
On 9 Dec,
I had no choice but to drive 70 miles there with a leaking car. I took a day off work and drove to the dealership and told them the faults, they immediately knew what I was talking about as they have received so many cars with the same faults, and are in frequent communication with the manufacturer. In fact, they just received a delivery of the new breather part, right on the reception desk.
So their inspection report states:
1. A dipping undertray
2. Driver drowsiness detection system showing a fault
3. Fluid coming from the differential breather
I sent the inspection report to my dealership, they claimed that given I was able to drive the car to another dealership so far away, it proves the car is fit for purpose therefore they do not accept my rejection. I then started an ADR case against my dealership.
I'd like to know your opinions and advice on the followings:
1. Is there any way to make the dealership contact other owners
1. What if the ADR, albeit unlikely, decided to rule against me
1. How to claim compensation for time and expenses incurred
1. If chargebacks are a viable solution, as I need the cash for another vehicle for work, it's my understanding that I should not be using this faulty one as I've rejected it.
Thank you in advance for your time and advice.
I'm seeking advice on a dispute with a franchised dealership, regarding a CRA 2015 short-term rejection of a brand-new electric vehicle that is faulty.
Here is the timeline of the dispute:
On 13 Nov (the day of the collection):
1. I collected an electric vehicle from a franchised dealership, and the value is over 30k (28k was paid with multiple credit and debit cards, plus a part exchange). I believe that Section 75 does not apply here.
2. I spotted two long scratches (>10cm) on the car, and the dealer promised verbally to rectify these.
3. On the way home, the tire pressure system (TPS) started warning me about abnormalities.
4. The driver drowsiness detection system is showing a fault message, the dealer said it will be fixed in the future.
On 16 Nov:
I returned to the dealer as TPS kept warning me. The dealer checked and said they are fine, it's the weather-induced fluctuations. They booked me in on 18 Nov for an inspection of the driver drowsiness detection system.
Meanwhile, I joined an owner club online, and many owners were talking about this model:
1. A dipping undertray
2. Driver drowsiness detection system fault
3. Dangerous lane keep assist behaviour
4. Transmission oil leak caused by a design flaw
After inspecting my car, I confirmed that my car has the followings:
1. fault 1-3 mentioned above
2. TPS is showing warnings
I reported all these via phone calls and the dealer said they will be checked on 18 Nov.
It is also evident that the car manufacturer has acknowledged faults 1,2,4 via internal technical documents sent to dealerships. I also received emails from the car manufacturer's customer service regarding the dipping undertray, that a new undertray is being designed.
On 18 Nov:
I dropped the car off at the dealer and got a courtesy car. On the day I noticed they have another new car of the same model, I checked its undertray and it was having the same issue, I took a photo and showed it to the dealer.
I chased them daily for updates, but none were provided until 22 Nov. They claimed that:
1. The dipping undertray is by design, as the brand-new car they just received is showing the exact symptom.
2. The driver drowsiness detection system fault will be fixed in the future.
3. The inspection did not include a check on lane keep assist.
4. They did not find a trace of an oil leak.
5. The TPS is now fixed.
Given how common the issue is, I disagree with their claim 1, forwarded the emails I got from the car manufacturer, and requested that they open a technical case with the manufacturer to investigate further. They verbally agreed but there was no evidence that they have done so. I continued chasing them daily for updates and again no updates were provided, as a result, I expressed my intention to reject the car via phone calls and emails if they do not fix the faults.
On 23 Nov:
I still do not have anything from them, therefore I decided to exercise my short-term right to reject on the ground that the car is not of satisfactory quality (fault 1), not as described (fault 2, as it is described as a feature on their website) via phone calls and emails to their branch.
On 25 Nov:
I had to collect the car as my insurance company needs to install a black box or my policy will be canceled.
When I arrived there, the dealer claimed I should send the rejection request to their compliance team, and provided the wrong email address. I found the correct one online, sent my rejection again, and insisted that 23 Nov is the date of rejection and I expect a full refund within 14 days. I also demanded that the dealer should inform all owners with regard to these faults, which they rejected.
I chased them daily for updates, but none were provided. Meanwhile, the car was parked on my drive, and I did not use the vehicle.
On 4 Dec:
I found that the car started leaking the transmission oil, as there are oil marks on the undertray. I immediately notified the dealer via phone calls and emailed them a photo.
On 6 Dec:
The compliance team sent me an email with their final decision of rejecting my rejection, on the ground that:
1. A dipping undertray does not affect the performance and drivability of the car, as claimed by the manufacturer emails I forwarded to them. However, it is clearly false, as the dips create aerodynamic drags and negatively affect the range of the car.
2. All other faults I've mentioned, are not confirmed to be present from their inspections.
I was not satisfied with the decision and insisted they should inspect the car again, so they booked me in on 7 Dec.
On 7 Dec,
I dropped the car off and waited in the branch, they finished the inspection quickly and dismissed all the faults. They claimed the oil marks on my undertray appeared to be engine oil (which the car does not have any) so could not be originated from the car itself, therefore there are no oil leaks.
I repeatedly insisted that they should inspect it again, they eventually agreed reluctantly and kept me waiting for several hours, and came back with the same conclusion.
I then noticed my car interior was damaged as the dash material shows several bulges, I showed the bulges to them and they said I need to prove that the bulges did not exist prior to their inspection.
I posted on the owner club for help, and some owners shared the experience of their dealers fixing the oil leaks, and I learned that the manufacturer even issued a new part (called a breather) for it.
I emailed the information to my dealer and they insisted that there has been no communication between them and the manufacturer, and the fact that my car is not showing signs of leaks, they would not open a technical case for me.
I then contacted the car manufacturer's customer service, they insisted that the dealer should open a technical case, otherwise there is no point contacting customer service as they need to see the detailed inspection report. So this is a dead end.
On 8 Dec,
I tried to book an inspection with other authorised dealerships, I could not get any appointment within the 30-day short-term rejection period. With the help of the online owner club, one authorised dealership 70 miles away from me agreed to inspect it on 9 Dec.
On 9 Dec,
I had no choice but to drive 70 miles there with a leaking car. I took a day off work and drove to the dealership and told them the faults, they immediately knew what I was talking about as they have received so many cars with the same faults, and are in frequent communication with the manufacturer. In fact, they just received a delivery of the new breather part, right on the reception desk.
So their inspection report states:
1. A dipping undertray
2. Driver drowsiness detection system showing a fault
3. Fluid coming from the differential breather
I sent the inspection report to my dealership, they claimed that given I was able to drive the car to another dealership so far away, it proves the car is fit for purpose therefore they do not accept my rejection. I then started an ADR case against my dealership.
I'd like to know your opinions and advice on the followings:
1. Is there any way to make the dealership contact other owners
1. What if the ADR, albeit unlikely, decided to rule against me
1. How to claim compensation for time and expenses incurred
1. If chargebacks are a viable solution, as I need the cash for another vehicle for work, it's my understanding that I should not be using this faulty one as I've rejected it.
Thank you in advance for your time and advice.
