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Rejecting A Vehicle

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  • Rejecting A Vehicle

    Hi I am looking for advice.

    I purchased a second hand vehicle almost 3 weeks ago (3 weeks on Wednesday).

    I bought through a broker and financed the vehicle.

    Upon getting the vehicle home I became aware of several issues:
    - No keyblade with the key so unable to open door manually if there was an issue with the fob.
    - Keyless entry not working or opening the drivers or passenger door, not working when pressing the button on the door handle within the keyless entry range (however keyless entry did work on the tailgate)
    - No service history as stated in the advert was given to me.

    I contacted the dealer and emailed them regarding these issues and after initially ignoring emails and calls some 12 days later the dealer transferred me £170 for a new fob and keyblade. However the dealer ignored the other issues listed.

    Last week after having the vehicle 2 weeks a further issue arose with the gearbox, it appears a syncromesh has gone on 4th gear and may have been present upon purchase however the stop on the syncromesh has sheared some 2 weeks later after collection.

    I again emailed and called the dealer and again no reply or response to emails or calls, this lasted front days.

    I then did research and contacted garages and gearbox specialists regarding the issue (surely this should have been done by the dealer but still no response from them).

    I spoke to a female at the dealer on Thursday last week and informed her that I needed a call back from the manager urgently as I was now contemplating rejecting the vehicle as initial problems and faults were ignored for more than 2 weeks and that the vehicle had now a further issue.

    The manager called me back within 5 minutes, I then sent him estimates for the repair to the gearbox totalling approximately £1100, the manager again ignored the keyless entry issue and service history but stated he would speak to a garage he uses for the gearbox repair.
    The manager stated that he would without fail call me on Friday.

    Friday came and went and again I attempted to contact him by phone and email and again no reply.

    I made 2 calls on Saturday to the garage and again never received a callback and finally informed the female that answers the phone that I would be rejecting the vehicle and require a callback urgently.

    I then received a call from the manager who stated that if I return the vehicle he would get the gearbox looked at but he again dismissed the keyless entry issue and service history issue, there was no apology for ignoring multiple emails or calls, when pressed on the service history he stated that it may be digital and he would get it to me (still not received) and he just said that he would look at the keyless entry issue.

    I then informed him that I was rejecting the vehicle due to ongoing issues and the delay in making any acknowledgement of the issues and due to the faulty gearbox, the manager then raised his voice, informed me that I was wasting his time and that he could have sold the vehicle 10 times over and that he would waste no more time talking to me and he then hung up on me.

    I immediately phoned the dealership back and spoke to the female, I informed her that the manager had hung up on me and did not appreciate this happening, I also informed her that I had informed the manager that I was rejecting the vehicle and that it is the responsibility of the dealer to collect the vehicle. The lady stated that she would pass the message onto the manager.

    I have heard nothing since.

    Yesterday I emailed the dealership formally rejecting the vehicle as I am within 30 days and can do so under the Consumer Rights Act 2015 and also asked the dealer when they would collect the vehicle and that the vehicle would be available to collect at any time to suit the dealer.

    I also listed all the faults and issues and explained the reasons for rejection.

    Today I have also sent a letter to the dealership by Special Delivery that they should receive tomorrow and I also sent another letter to the company director first class signed for.

    In my letter I again formally rejected the vehicle, however also did state that I would be willing for the gearbox repair to be done but at an independent garage near to me as it’s a 3 hour journey each way to the dealership, I also stated that the garage carrying out the works could invoice the dealer directly to avoid further cost to me. I also stated that I would be happy for this as long as I also received the service history and if they agree to this without prejudice I would be willing to get the keyless entry looked at myself locally.

    I gave the dealership until 5pm on Wednesday 13th to reply.

    I have also spoken to the broker and sent them copies of the emails and they will speak with the dealer and finance company as I am aware they are jointly liable.

    I have heard nothing at all from the garage today and to be honest I do not think I will get a response at all.

    I know it is on the dealer to arrange collection of the vehicle once rejected as to not cause me further cost or to reimburse me any costs incurred if I was to return the vehicle.

    The vehicle is now sat on my drive unused and I do not want to drive it as I do not want to cause further gearbox issues.

    So what happens if the dealership just ignores my email and letters ?
    Do I have to return the vehicle ?
    The 30 days is up on Wednesday 20th November.

    Any advice appreciated.

    Tags: None

  • #2
    Further to the above - yesterday I posted a letter by Special Delivery to the dealership formally rejecting the vehicle with reasons and even offered the the opportunity to resolve the issues.
    The dealership today rejected the delivery of the letter stating return to sender as they refused to accept the letter.

    Comment


    • #3
      My advice is to write direct to the finance company (as the owner of the car) enclosing your correspondence with the dealer and in particular your letter rejecting the car
      Your claim should be against the finance company and the dealer (jointly or severally) under Section 75 of the Consumer Credit Act for breach of CRA 2015 by the dealer (the car not satisfactory quality and not fit for purpose)
      State in your letter the dealer is refusing to collect the car (as CRA requires the supplier to do), the car is currently parked on your drive causing much inconvenience, and if it is not removed within 7 days you intend to have it moved to safe storage. The transport and storage costs will feature in your claim if you end up having to make one

      Comment

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