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Rejecting a Finance Car

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  • Rejecting a Finance Car

    Hi, I purchased a 2020 model kia sportage from a dealer in December 2020, car had 600ish miles on it. £4000 deposit and £400 a month under HP. In January they had rang as a curiosity call to see how the car was going. I had noticed a rattling noise in the car and the boot wasn't opening fully on occasion so they booked me in for repair in February. I had to cancel that appointment as I was snowed in, this was postponed until the end of February.

    Summary of events:

    24th Feb 2021 - 2 warning lights appeared, auto stop for ISG system indicator and Malfunction (engine Malfunction) indicator light. Both came on after high revs while overtaking, went when car was turned off.

    25th Feb: booked into garage with growling noise and boot not opening fully, on route to garage both lights came on again when using high revs and this time a loss of power, Shelbourne Motors informed of this but no fault shown, said they would book in for boot repair and a recall of crankshaft.

    26th Feb: lights came on, powered off car and only engine light remained on constant. Rang garage again and was informed it was a fault with a sensor and they would fix it when in repairing the boot on the 1st. Told car is OK to drive and covered under warranty.

    1st March: dropped off car, lights still on, told it is now a fuel injector. Left car to get boot and recall fixed and the new light issue.

    4th March: rang to check progress, now said fuel pump instead of injectors, could be back early next week.

    9th March: fuel pump arrived, should be ready wed/Thu.

    12th March: rang again as no contact from dealer, told fuel pump replaced and still an issue.

    15th March: now told fuel rail and injectors, awaiting parts and could be next week.

    I then switched to email to try and get documented correspondence but still difficult as i asked for lists of faults and parts replaced and they weren't very forecoming.

    I sent an email stating if the car was returned and any fault occurred I would be rejecting it:

    "I would also like to take this opportunity to inform you that in accordance with the Consumer Rights Act 2015 as the car has been purchased less than 6 months ago, when returned to me should any fault occur with the car I will be rejecting the vehicle and handing it back to yourselves for a refund."

    Car was returned on 22nd April 2021, almost 8 weeks after giving them my car they returned it, never actually said what finally solved the problem. Last thing they were doing was replacing fuel injectors again as they thought one they replaced was faulty still.

    On 22nd of April I had a cancer diagnosis in my family so my follow up on getting a list of parts and faults shown had went out of my head. I had thought the car was making a weird noise again but didn't pass much remarks as my head was elsewhere. Yesterday 13th the car started a flapping noise and power loss, similar to before but no light. Rang the garage at 8.30 am to inform them of this and was going to take another dive to see what way it was today. Noise much louder and engine light on, same as before, opened bonnet and small amount of smoke or steam coming from engine. Contacted garage and said I was rejecting the car, they recommended contacting kia assist to organise a car and to get my car to them. Car is now with garage. Contacted them as service manager was to talk to sales manager about car rejection. I had also contavted kia finance with regard this and they said of garage refused then they would step in. Currently don't have a replacement car as I specifically need a jeep with electric seats ad I've discs out in my back and spent a long time finding car that suited, they don't have one that suits. Garage seem reluctant to accept rejection, I've given the garage until 11am tomorrow to find out what this new fault is. Garage is saying if it's a different fault then I can't reject it... is this true?

    I'm basically looking to know what is the process of car rejecting, where do I stand, what should I do to ensure the best outcome? Any advice or guide to would really be appreciated. Hope this makes sense, if you need more info just let me know.

    Regards Irene
    Tags: None

  • #2
    ostell or des8 I seen you have commented and helped extensively on other threads, can you assist? I'm based in Northern Ireland. Thanks

    Comment


    • #3


      Just found your post, but as it is now late (for me ) I'll follow up tomorrow pm if no one else jumps in

      Comment


      • #4
        You have given them several opportunities to repair problems, you only have to give them one. The clock stops from reporting the fault to getting it back in good condition. That 8 weeks is added to the 6 months.

        Comment


        • #5
          The garage was of the opinion that this issue could be unrelated to my first fix. He said if it was a different issue then I wouldn't be able to reject the car, is this the case? Or if its a different fault can I still stand by that they had one chance to have the car in working order and they failed to do so?

          Comment


          • #6
            As the car is on finance, the finance house are the owners and it is they to whom you send notice of rejection (and eventually take to court if necessary!)

            It doesn't matter even if it is a different fault.
            When it was first returned to them as unsatisfactory they were allowed one attempt to return the vehicle in a satisfactory condition.
            It was not returned in a satisfactory condition as either the fault was still present or there was another fault still present

            If you are adamant about rejecting you need to send a letter (email ok) to Kia Finance telling them you are exercising your rights under CRA 2015 to reject the vehicle as unsatisfactory.
            Besides a refund (which will be less an amount to reflect your usage of the vehicle!) you could claim for any extra costs you have been put to caused directly by the unsatisfactory vehicle (eg cost of returning vehicle to dealer for repairs as he should have collected it at no cost to yourself)

            Comment


            • #7
              Hi, so the car is currently with dealer, I am writing to kia finance today to reject the vehicle. What way does that leave me with the dealer, if they suggest fixing or solutions, do I tell them not to touch the car? Should I send email and posted letter to them too? What about car payments? Payment came out a couple of days ago. How long does this process normally take, how long do they have to respond and get back to me? How successful is this usually! Sorry for all the questions but I'm so confused, is there a step by step guide as to what to do to reject a car so I'm not annoying you! Thanks

              Comment


              • #8
                You gave the garage a time limit (11am 15.05.2021) to which they did not comply.
                You are therefor now rejecting the vehicle.
                As the vehicle is owned by the finance house you tell them you are rejecting it
                Keep dealer informed that vehicle is rejected.

                How long does it take?
                Finance houses always hang it out, so IMO you tell them they have 2 weeks in which to refund your money.
                If they fail to meet that deadline, advise them that you will initiate a court claim

                Not annoyed with you; just with dodgy traders

                Comment


                • #9
                  Thank you! I'll try that and keep you posted!

                  Comment


                  • #10
                    Hi just had a phone call from the dealer to say that the issue with my car is again an injector which had a broken seal. He said he hadn't had anything from the finance company but he would touch base with them tomorrow. He said my car would be ready and I could collect it as they couldn't let me keep the courtesy car. I said I that I had rejected the car and wouldn't be taking it back. I assume by taking it back it looks like I'm happy to have the car, which I'm not. But where do I stand on having a car, I'm paying for the rejected car, so I assumed until this is resolved they should continue to provide me with a car? I need a car for work, I'm a radiographer in a hospital.

                    Thanks

                    Comment


                    • #11
                      You have rejected the car so there is no need for you to collect it.
                      Tell them to arrange collection of their courtesy vehicle, and you will invoice them for the cost of a hire car until they refund you. (you might not be successful in claiming that in court!)

                      As a matter of interest why does your hospital position require you to have a car?

                      Comment


                      • #12
                        I live in a rural area that has no public transport route to my hospital. So need the car to physically get to my job. Wish I wasn't so reliant on the car, would make this easier as I'm sure this is going to be a long process.

                        Comment


                        • #13
                          So you would have the transport problem whatever your occupation (unless farmer!)

                          Comment


                          • #14
                            Not necessarily, alot of people working from home with regards the pandemic, just wanted to inform I'm unable to do so. Apologies if it was unnecessary information, just like to give all facts to enable you to formulate the best advice. Thanks

                            Comment


                            • #15
                              So update, got given a complaint handler in kia finance who requested a summary of events and all correspondence and everything. I sent all these to him and contacted him yesterday for an update. He started listing all parts changed by dealer in first fix and said about the new fault of the injector seal and said its fixed and ready to collect. I said that the parts listed didn't included injectors which were replaced and re-replaced as per my documentation that I had sent him. He hasn't even looked at it, said give him 5 minutes and he'd check the post, he came back and said he had it and I referred him to the email in which injectors were discussed. He then just said as the trader we can only take this as being the first fix (the 2nd repair). At the first repair I had sent a letter to dealer informing of intent to reject should it come back but I only phoned the finance company stating this to them. Is he right that because I didn't put it in righting to them during their first fix that he can reject my claim? Surely that wouldn't be the case or every time a fault happened even minor they would be inundated with complaints daily. Also he didnt actually fully assess my claim as he rejected it before fully reading all correspondence I had sent. I've attached his rejection letter. Any help would be great.
                              Attached Files

                              Comment

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