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Dealership ignoring CRA 2015

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  • Dealership ignoring CRA 2015

    I purchased a brand new Hyundai Tucson. I reported an issue with the gearbox and random engine stalling (both on video) within the first 2 weeks. I submitted an official vehicle rejection letter on 27th day after purchase due to being unable to arrange an appointment with Hyundai, minimum wait time was 3 months.

    Hyundai UK stepped in and areanged an expedited inspection where they confirmed there is no issue. Unconvinced I hired an ACE engineer who verified in the report that there is crunchiness and that it is usually related to synchronmesh which means the transmission needs to.be dismantled.

    Hyundai UK asked for another inspection which I declined due to bias and since the problem is intermittent I dont want to end up in a situation where they say after 10 minutes of driving that everything is all right.

    After receiving a report from ACE I pushed for rejection or replacement. Dealership advised to go to the motor ombudsman. I started the process with the motor ombudsman but I have a feeling they are doing it so I give up due to length of the process. I shared my experience in all possible platforms about them but they are just ignoring it. Hyundai is not interested ti mediate.

    I wanted to take them to county court on my own so was wondering what is everyone's opinion? Happy to share the name of the dealeeship if it is allowed.
    Tags: None

  • #2
    Hi Stefanosg

    Welcome to LB.

    How did you pay for it?


    Comment


    • #3
      Part was via bank transfer and part was on finance. However, I purchased the car on 16th November, reported an issue on 30th of November and paid of the finance loan on 4th of December. On multiple occasions the finance company told me they dont have liability regardless of the issue being reported while the contract was active.

      ​I called the Finance Ombudsman to confirm this and they said it's a gray area but to send an official complaint to Hyundai Finance so they can confirm their final stance with the section in their final response where to escalate if I am not happy. I've doone that and now I'm awaiting response.

      What I've learned from this experience so far is that law doesn't mean mucb as the dealerships can ewsily ignore you in a hope that you wont take them to the Country Court. Moreover, Hyundai not wanting to push the dealer to stick to follow the law is very concerning.

      Comment


      • #4
        Originally posted by stefanosg View Post
        Part was via bank transfer and part was on finance. However, I purchased the car on 16th November, reported an issue on 30th of November and paid of the finance loan on 4th of December. On multiple occasions the finance company told me they dont have liability regardless of the issue being reported while the contract was active.

        ​I called the Finance Ombudsman to confirm this and they said it's a gray area but to send an official complaint to Hyundai Finance so they can confirm their final stance with the section in their final response where to escalate if I am not happy. I've doone that and now I'm awaiting response.

        What I've learned from this experience so far is that law doesn't mean mucb as the dealerships can ewsily ignore you in a hope that you wont take them to the Country Court. Moreover, Hyundai not wanting to push the dealer to stick to follow the law is very concerning.
        You should of paid some of the deposit or purchase by Credit Card, Section 75 would have helped here.

        When did you first contact the Finance Company about the issues you had?

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        • #5
          Originally posted by echat11 View Post

          You should of paid some of the deposit or purchase by Credit Card, Section 75 would have helped here.

          When did you first contact the Finance Company about the issues you had?
          Unfortunately in this instance S75 CCA'74 would probably not have helped as I believe a new Tucson is over £30k

          If you started a court claim to reject the car for a full refund, the value of your claim would be over £25K and probably allocated to the multi-track. This would carry significant financial risk, losing in court and being ordered to pay the defendant's legal costs. The claim could take a year or more to reach the trial and during this period (after rejecting the car) you should not drive the car

          By taking up your problems with the car and wish to reject it under CRA short term right to reject, with the dealer, finance company, motor ombudsman and financial ombudsman, there is not much more you can do

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          • #6
            I informed the finance company after the dealership gave me final stance that they won't take the car back (over a month after official rejection). You are right it would be a multi track due to the amount. So from what you are advising dealership can do whatever they like? What is the purpose of the law then? It's no surprise that they don't react to my negative reviews. It seems I would be better of paying for negative reviews against their business than going to court.

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            • #7
              I recall the RAC offered insurance for legal costs covering court claims when the consumer purchased a new or used car and had problems with it. Have you checked your car insurance?

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              • #8
                A well drafted Letter of Complaint to the CEO of Hyundai, might help

                Explain what's happened, how they've let you down and what you want them to do.

                Email it to the CEO of Hyundai

                Andrew Ashley
                Hyundai Motor Uk Limited
                ashley.andrew@hyundai.co.uk

                Posted for info only - https://www.netlawman.co.uk/ia/complaints-letters

                Comment


                • #9
                  You might like to consider having the work done, then initiating a court action for your costs.
                  Probably then fall into small claims track

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                  • #10
                    Thabks everyone, I will write to CEO.

                    Honestly, my experience with Hyundai is so bad that I just want to return it. It's a second brand new Tucson in 4 years and both have had multiple defects from factory. First one had complete panel misalignment and leaking water through the roof. I thought it was just a bad luck but apparently the brand has some major issues.

                    I

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