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New Renault Clio - rejection under consumer credit act

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  • New Renault Clio - rejection under consumer credit act

    Bought a new Renault Clio from Renault dealer it had 8 miles on the clock, 2 weeks after having car it broke down with 'anti pollution' flashing light / I was told not to drive and it would be towed in by RAC ... Eco button also noted did not work and a few other minor things to do with electrics on the vehicle .. Told fixed ... 5 weeks later broke down again complete dead no way could drive RAC came out got Me started again .. On way home 'anti pollution light again ... Told as close to home drive slowly .. Car was due in in mob day re other faults so added this to the list .. Went in on the Monday however I had had enough so rejected the vehicle !

    wrote to finance company ... Got letter from Renault customer services confirming breakdowns as Renault garage will not release print out of problems with the car stating it warranty work and they have a right to withhold it ... Finance company want this info but I can not get it - they advised me I have to have a diagnostic check to prove fault however it will not now show the anti pollution flashing light and breakdown problems

    they have told me I can not reject the car

    I can not get paperwork from Renault to show all the 15 faults

    I have been told will not win in court without diagnostic test - but I have asked around and Renault have their own codes that even RAC do not have so a test now will not help

    inam still paying for the vehicle but have come to a stalemate

    vehicle is also using so much fuel and electrics still playing up - I cross my fingers every time I get in it waiting for it to break down again

    any help ???? Thank you
    Tags: None

  • #2
    Re: New Renault Clio - rejection under consumer credit act

    Originally posted by Dawnyr4 View Post
    Bought a new Renault Clio from Renault dealer it had 8 miles on the clock, 2 weeks after having car it broke down with 'anti pollution' flashing light / I was told not to drive and it would be towed in by RAC ... Eco button also noted did not work and a few other minor things to do with electrics on the vehicle .. Told fixed ... 5 weeks later broke down again complete dead no way could drive RAC came out got Me started again .. On way home 'anti pollution light again ... Told as close to home drive slowly .. Car was due in in mob day re other faults so added this to the list .. Went in on the Monday however I had had enough so rejected the vehicle !

    wrote to finance company ... Got letter from Renault customer services confirming breakdowns as Renault garage will not release print out of problems with the car stating it warranty work and they have a right to withhold it ... Finance company want this info but I can not get it - they advised me I have to have a diagnostic check to prove fault however it will not now show the anti pollution flashing light and breakdown problems

    they have told me I can not reject the car

    I can not get paperwork from Renault to show all the 15 faults

    I have been told will not win in court without diagnostic test - but I have asked around and Renault have their own codes that even RAC do not have so a test now will not help

    inam still paying for the vehicle but have come to a stalemate

    vehicle is also using so much fuel and electrics still playing up - I cross my fingers every time I get in it waiting for it to break down again

    any help ???? Thank you
    [MENTION=71570]R0b[/MENTION] may be able to help you with this.
    nem

    Comment


    • #3
      Re: New Renault Clio - rejection under consumer credit act

      I would be most grateful for any assistance regarding this

      Comment


      • #4
        Re: New Renault Clio - rejection under consumer credit act

        Originally posted by Dawnyr4 View Post
        I would be most grateful for any assistance regarding this
        I've alerted
        R0b for you.

        nem

        Comment


        • #5
          Re: New Renault Clio - rejection under consumer credit act

          ~Hello, jsut a few questions to understand a bit better.

          1. Is this the same Renault Garage that you got the vehicle from?
          2. Have you spoken to the garage face to face to get the relevant information?
          3. When you rejected the vehicle did you put this in writing to the finance company?

          Depending on what your answers are to the above, the advice may differ slightly. You could write threaten Renault that you will write to trading standards if they do not hold provide the information of what repairs they have carried out, whilst they have refused to hand over the faults, they should inform you what problems have been identified and what fixes have been done. Explain that the work carried out is not to satisfactory quality and the car after allegedly being fixed is not fit for purpose given that the vehicle is pretty much brand new.

          If the Renault garage was the same dealer that sold the vehicle then I would suggest to the finance company that you have rejected the vehicle they now have to come and claim it within the next 14 days otherwise you shall notify the DVLA that the vehicle is now registered to them and cancel your tax/insurance. The Renault garage would have been acting as an agent on behalf of the finance company and it is not your mess to sort out if they wish to refuse that information.

          I presume you have a copy of the RAC tow from the first time, do you have any record of the car being booked into the Renault garage both times? Their systems would obviously show that this would be the case anyway and their refusal to provide any information will just backfire on them.

          Also, did you make any payment or deposit, did you pay by credit card and if so was this £100 or more?

          The fact of the matter is that on a car that has had only 8 miles there should not be any issues like that and it seems quite clear that the car has some issues with it, Renault of course don't seem to be willing to give any information.

          Have you made a formal complaint to Renault and the finance company? If not perhaps you should do that too to get things rolling but ultimately, it should be down to the finance company to work it out with Renault if they are not playing ball. As long as you have the evidence to show that there has been issues with the car then you have a solid defence.

          I'll tag @des8 in too if there is anything else to i've missed out.


          ** EDIT: I suppose your other option could be to put the Renault garage on notice that if they do not provide the information you could seek a diagnostics test from another Renault garage and recover the cost from them through the courts for failing to supply the information without any reasonable explanation.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Re: New Renault Clio - rejection under consumer credit act

            Seem to have covered everything R0b!

            Me? by now I would have written a Letter before Claim quoting CRA 2015
            The car is not fit for purpose.
            The dealer has had opportunities to repair and failed.
            Please refund within next 14 days.
            Fail and I'll see you in court.
            Disclosure of Renault dealers records re this vehicle will be obtained b court order.

            Comment


            • #7
              Re: New Renault Clio - rejection under consumer credit act

              Hello

              Same garage .. They are being awkward told me to shut up and put up
              With the car as I had a discount as it was classed as second owner even though only 8 miles on clock

              Put it in writing to finance company they had 3 months from 15march to deal with they finalised their file on 15 May saying that unless I can prove faults ( even though the consumer credit act says you do not have to ) I sent them email from Renault customer complaints showing the breakdowns but that not enough they wanted diagnostic which I have been told will not show the fault now and could show car ok for now

              The finance company I sorted myself they just paid Renault

              So I have hit a brick wall

              Tried to get a solicitor involved and they said I had to have diagnostic check or court would look like I being awkward .. What about Renault with holding the information that would prove the faults

              I have complained to finance company and Renault with no joy

              Looks like car dealers can get away with it as they withhold the info you need

              RAC will not give me info either as with new car you get 3 years breakdown covered with Renault so they are silenced by Renault as well !!

              Comment


              • #8
                Re: New Renault Clio - rejection under consumer credit act

                Hello

                Done all this ... The finance company had 3 months to look into it and did nothing but ask us to have diagnostic check which will not show the fault that the car breaks down with and what I rejected it for as I was told you have to call RAC when it comes up again and not drive it and then take to the Renault garage !


                The Renault garage are awful rude and lie constantly they have stopped me having the paperwork to prove fault

                Been told if I go to court then I could loose as I have not had diagnostic check done

                Thanks

                - - - Updated - - -

                I paid £250 deposit with my visa electron card the rest in finance of £11,000 ....

                Comment


                • #9
                  Re: New Renault Clio - rejection under consumer credit act

                  They are trying to scare you by saying you need diagnostics
                  In post 1 you said: . "Got letter from Renault customer services confirming breakdowns ".
                  That is sufficient to show the vehicle was unsatisfactory.
                  A used car sold with only 8 miles on the clock should not be breaking down.
                  You can also get a court order forcng the garage to disclose their records about the car

                  "Been told if I go to court then I could loose as I have not had diagnostic check done " Who told you this?

                  Either try and find another solicitor to help you, or DIY with help

                  Comment


                  • #10
                    Re: New Renault Clio - rejection under consumer credit act

                    Solicitor advised me that courts like you to try and sort it before and if I am not having diagnostic I being unfair and it will show in court ... I argued that I have proof of breakdown !!

                    The finance company have just said they closed case after 3 months as I refused diagnostic and if I not happy go to financial omb ...

                    Renault refuse to give me the info ..

                    It is the cost of a solicitor and court costs that I worry about - the sol I am using now is part of a legal protection policy I have but they are crap

                    I know for a fact that of Renault are forced to hand over the info it will
                    Show 2/3 breakdowns and lots of electrical and other faults

                    As I told solicitor no wonder Renault will not provide the info as it will mean the car is rejected

                    Comment


                    • #11
                      Re: New Renault Clio - rejection under consumer credit act

                      So what's wrong with my suggestion of going to another Renault dealer getting the diagnostic done and the sheet and then claiming that amount back from the bank/Renault?

                      You have to look at solutions and if they're not going to provide lathe information you have so many ways to go about it. As Des has said, you either apply to court and get disclosure of the information at a cost of £255 or get a diagnostic done from another Renault dealer.

                      the longer you sit around then you continue to pay for the finance.
                      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                      LEGAL DISCLAIMER
                      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                      Comment


                      • #12
                        Re: New Renault Clio - rejection under consumer credit act

                        It is Renault policy across the board not to give out print outs of warranty work( this came in when new consumer law came out !) so asking for another dealer to provide is no good also Renault customer complaints have advised it in writing to me which I passed to the finance company that it is now Renault UK practise

                        Re the diagnostic ... It has been confirmed that

                        A). It will not show the original faults I rejected the car on
                        B) if I have a diagnostic check now with anyone one apart from Renault it does not show everything as Renault have their own codes of faults that no one else has access to


                        £255 to go to court ? So if I apply to court that is the cost for £11,000 to get a court order to get the info

                        thank you

                        Comment


                        • #13
                          Re: New Renault Clio - rejection under consumer credit act

                          £255 is the cost of the application for disclosure. You will need to make a claim to the Court requesting an order for disclosure of the documentation relating to the warranty work and it is required as evidence that the car is not fit for purpose or of satisfactory quality. The type of order you will be seeking will probably be a Norwich Pharmacal Order which the court can grant where a third party has relevant information which you require.
                          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          LEGAL DISCLAIMER
                          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                          Comment

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