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+Rejection of Car On Finance and Service Plan

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  • +Rejection of Car On Finance and Service Plan

    On 29 May 2019, exactly one year ago, I purchased my car on Finance. As i anticipated this would be a long term purchase, I also opted for a four year Service Plan payable in instalments.

    In the first few months the car was mechanically sound, although there were problems with the Satellite Navigation, the Information Console rebooted itself part way through a journey, and the Hazard Warning Lights came on for absolutely no reason whilst travelling at 50 mph. I reported these to the the dealer. Unsurprisingly they reported no problems could be found.

    Around November, the car six months old, things really started to go wrong. In January the car developed an occasional misfire and the engine warning light came on. Back to the dealer who reported they had fitted a new Engine Control Unit to resolve the problem (seemed a bit of a sledgehammer to crack a nut). In February the misfire developed again. This time the car was returned to me within hours - the dealer had found a technical bulletin from the manufacturer that referred to something called Particulate Filter Regeneration, to do with the control of emissions, whereby the cylinders of the engine are shut down one by one whilst soot particles in the cylinder are burned off. This would give the impression of 'a lumpy ride' and was not a malfunction.

    The very next day, on a 30 mile journey on the motorway, the car repeatedly misfired. It also misfired for the whole of two subsequent journeys of 50 and 60 miles. As Particulate Regeneration should only last milliseconds and not occur repeatedly, this could not be the problem. Moreover, after the the last journey, the engine warning light appeared again. Once again, back to the dealer. They 'investigated' and advised they had contacted the manufacturer who were still sticking to the Particulate Regeneration process and that the car was not faulty. I do not share this view and in my opinion driving the car with such a misfire will only lead to serious problems later on when the car is out of warranty.

    An additional problem with the car was that during the early hours of one morning, the intruder alarm went off three times. This was put down to a faulty boot catch. The catch was not replaced by the dealer, only re-positioned. A couple of days later the alarm went off again for the same reason.

    Altogether I have counted and documented eight different visits to the Dealer for the new car in one year, including 4 reported misfires, 2 warning lights, 2 intruder alarms and several miscellaneous software problems. Most of these have happened in the last four months. I have now unwillingly taken the decision to try and reject the car through the Finance Company.

    The Finance Company have asked for service records for the vehicle as the first stage of the process - this happened just before lock down. The Dealers have remained ominously quiet for six weeks and have not returned any records even though I am aware they have kept some of their service depots open (although admittedly not my own). This delay means that it is now one exactly one year since the car was purchased.

    One other piece of information. The misfire seems to happen only with this particular make and model of the manufacturer. There is an internet forum for reporting issues and there are several unhappy customers who are suffering the same symptoms.


    Question 1. What chance does anyone think I have of rejecting the car and what pitfalls should I be aware of?

    Question 2. If not a valid rejection, can I pursue the argument that the manufacturers are refusing to satisfy a warranty condition for the misfire?

    Question 3. I have a Service Plan in operation for the car, and have so far paid 12 monthly instalments. Am I entitled to ask for the money back for the Service Plan if my car is ultimately rejected?
    Tags: None

  • #2


    Responses to your questions:
    1) if you can prove the car was unsatisfactory when delivered a court will uphold your rejection.
    To prove it was unsatisfactory you might well need to obtain an independent engineers report.
    If successful you should receive back any monies paid less a charge for usage,

    2) probably

    3)you can always ask, but as you have had the car for 12 months & only paid 12 months instalments I doubt you can recover them

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