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Nearly new car problem

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  • Nearly new car problem

    Hi guys;

    Right, my wife bought a car on 19th March 2014 and we noticed problems with it on 27th March 2014 (8 days later). Our vehicle was bought from network Q in Birmingham on the understanding that if there was a problem we could go to any vauxhall dealer because the car was only 12 months old and has a 2 year manufacturer warranty.

    We bought the car a drove it back to our home (on the Isle of Wight) and 8 days after purchase noticed a few problems.

    1: as that nice lacquer cleared from the car after its valet we noticed 2 patched paint repairs (one on the bonnet and one above the rear light)
    2: there are a series of scuffs under the front bumper where paint seems to have been scratched away and smoothed over.
    3: The key to the locking nuts was missing.
    4: There is a large chip in the windscreen
    5: The bolt caps for the wheels have gone discolored (gone from black to white)
    6: Probably most importantly, the bumper, boot and passenger side rear tail light are out of line by about 8mm.

    We immediately telephoned Vauxhall support who sent us to a vauxhall dealer here. We attended the next day and were sent away and asked to come back later in the week (Hugely annoying). We contacted the dealer who sold us the car and they agreed to that we should return to the vauxhall dealer by us to get an assesment.

    We went back to our local dealer and they told us that only problem 6 (list above) would be something they would look at and even then only if the dealer we bought from agreed to pay (ironic as they are both Vauxhall dealers and the vehicle still has 2 years manufacturer warranty left). Again we called the dealer we bought from, they then spoke to our local garage, pictures were taken and emailed by them and we were told to yet again wait. Before leaving we asked the manager his thoughts and he told us that without stripping the car he would lean towards the idea that the vehicle had been involved in a collision at some point.

    Worried by that dealers idea we went to another non-Vauxhall garage and unfortunately they told us the same thing. This made up our minds and we decided to reject the vehicle and we telephoned the dealer we bought from to tell him this.

    We have spent the last 9 days being fobbed off and ironically today after plently of telephone conversations we have been asked to put it in writing and send it over via email.

    This is what we sent:


    Reference: V*****J Date: 10/03/2014

    Dear Sir/ Madam,

    As requested today (10th March 2014) following numerous telephone calls that began on 27th February 2014 please find detailed below the circumstances I am faced with and my resolution insistence. As this matter has now been ongoing for 18 days and this is the first instance I have been asked to put something in writing I will assume this matter will be dealt with urgently, with a proposed resolution following within 24 hours.

    On 19th February 2014 I purchased, and collected a Vauxhall Insignia 1.8 SRI from you (registration featured within reference number). On 27th February 2014 I discovered that it was not of satisfactory quality: I noticed a number of poorly attempted paint repairs (one on the bonnet and one above the passenger side rear tail light). I noticed a number of scuff marks under the front bumper, a large chip in the windscreen the locking nut key was missing and most importantly a potentially dangerous defect on the rear end which meant the lights, bumper and boot were not lined up correctly. After approaching a Vauxhall approved repairer (Harwood’s Vauxhall in Ryde) we were informed that without stripping the rear end of the vehicle to inspect it they would be unable to determine the problem but initial findings suggested the vehicle had been in a form of collision. We approached an additional garage for a second opinion and they concurred with Harwood’s findings.


    As you will be aware, this issue was reported to you immediately via telephone and I have been attempting to resolve this situation since with no satisfactory resolution. Having occurred additional costs in travel expenses and being required to purchase additional parts, I find this has been an extremely worrying time.

    When a vehicle is purchased from a dealer, I as a consumer have the right under the sale of goods act to expect the car to:

    1. Be of satisfactory quality
    2. Meet any description given when purchasing it
    3. Be fit for purpose

    Under the sale of goods act I can hereby state that the vehicle in question is not of satisfactory quality, does not meet the initial description given (considering the required repairs were not noticed through a service, MOT and additional inspection) and the vehicle is clearly not fit for purpose as it may not be legally driveable on UK public roads. Section 14 of the Sale of Goods Act 1979 requires dealers to supply goods of satisfactory quality. However, the vehicle is potentially unroadworthy. You are therefore in breach of contract.

    I am legally entitled to reject the vehicle and to be reimbursed for its full on the road purchase price plus additional costs of £37.43 in respect of the locking nut key purchased. I look forward to receiving your response in due time with a proposal of resolution

    Yours faithfully





    **Wife of FTW Mamuskills**

    In addition to this I spoke with the Network Q head office and have a call log from them but what else can I do ?

    Do I have rights here or am I stuck with this £11000 car that could be dangerous ?

    Many Thanks guys and apologies for babbling on and on
    Tags: None

  • #2
    Re: Nearly new car problem

    Hi and welcome to LegalBEAGLES

    Points 1,2 & 5 are minor cosmetic items and although annoying will not be covered under the Network Q warranty as your home dealer said.

    Point 3 should have been picked up on the pre hand over inspection, you should not be liable for the cost of the locking wheel nuts and should be reimbursed as you have requested.

    Point 4 Sadly the windscreen damage could have happened at any point, you would be hard pushed to prove it was present at the time of hand over.

    Point 6 As you say more importantly, you should have been notified if it had been involved in an accident as they have a duty to disclose this, that is however, if they were aware.

    The network Q "Promise" states the following

    Network Q Multi Point Check

    Every vehicle on our forecourts is subjected to a rigorous Multi-Point Check by highly trained Vauxhall technicians, before it is allowed to carry the Network Q badge.

    Testing everything from engine performance to paintwork, this service is synonymous with used car quality and integrity, allowing our customers to drive off with all the confidence and reassurance you'd get from buying new.


    The Network Q Multi-Point Check covers:

    • Every major mechanical component
    • All vital safety and security checks
    • A thorough test drive
    • Inspection of interior and exterior features
    • Final preparation of your vehicle


    Network Q Ownership Promise

    The great thing about buying a used car with Network Q is that you know exactly what you're getting. No hidden past, no hidden surprises, just complete peace of mind.


    Our Ownership Promise covers:


    • Mileage
    • Identity
    • Stolen vehicles
    • Outstanding finance agreements
    • Examining Vauxhall's recall register for any recalled parts (Vauxhall models only)
    • A replacement vehicle as part of our 30 day exchange pledge, should any of the information we find prove to be incorrect


    etc,etc Full details here > http://www.vauxhall.co.uk/network-q-...q-promise.html

    and full terms here > http://www.vauxhall.co.uk/network-q-...onditions.html
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

    IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

    Comment


    • #3
      Re: Nearly new car problem

      Yeah points 1 - 5 we really havent made a big deal of, we notified them but point 6 was the big one. although annoyingly today the patched paintwork chipped off and Ive now found a nice patch of flaky rust penetrated into the bonnet (which is covered under a 6 year rust perforation warranty)

      I appreciate you posting up the details.

      Comment


      • #4
        Re: Nearly new car problem

        Ok spoke to the centre manager who has agreed that because we went to an approved vauxhall dealer within a reasonable time scale that they agree the damage is their fault.

        They have informed us that the "guy" responsible for the pre-sale 144 point check did not carry out ours and someone else did.
        We should not drive the car at the moment and they are unsure of what they are going to do next.

        Having already rejected the vehicle in principal its a bit frustrating but they said they could take any of the following steps:

        1: Repair the vehicle and depending on what ends up being the result of the damage either return it to us fixed or refund us in full.
        2: Refund us in full but he seemed really unhappy about this proposition.
        3: Exchange the vehicle on a like for like basis but we will have to wait until a like for like vehicle comes into stock as they dont have any vehicles at our specification at the moment.

        This call took place and 11:20 today and they said they would call back by 14:00 with a proposal. The head office have called to apologise as they have been unable to speak to the centre manager (they have been trying for 3 days). We are aware that the complaints procedure is a simple one. All complaints resolved within 48 hours, failing that 7 days (automatically escalated to centre manager), then 7 days up to the regional manager then 7 days for head office to make a final decision.

        Comment


        • #5
          Re: Nearly new car problem

          While purchasing these kind of things you need to keep one thing in your mind and links off the forum is are fine or not because we mostly ignored this but it's so important.
          Last edited by enaid; 22nd May 2014, 18:33:PM.

          Comment

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