rejecting a new car
#1
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OK - its not a scooby - but I'd value your opinions on this one !
3 day old Lupo Gti - with 400 miles on the clock (total) - develops a major engine oil leak somewhere around the crank housing. It needs a full cyclinder head off and engine strip to locate the problem......
Other problems within those 3 days are
1) no carpet mats (as per spec)
2) no locking wheel nuts (as per spec)
3) grinding steering column - needs a new slip ring and top end of the steering column off........
I've formally rejected the car by FAX to VW UK and my dealer.......
Is there anything else I should do ?
Anyone had experience with rejecting a new car ??
Is my claim likely to be successful ?
Cheers
Gastro
PS - Wish I'd never let the scooby go
3 day old Lupo Gti - with 400 miles on the clock (total) - develops a major engine oil leak somewhere around the crank housing. It needs a full cyclinder head off and engine strip to locate the problem......
Other problems within those 3 days are
1) no carpet mats (as per spec)
2) no locking wheel nuts (as per spec)
3) grinding steering column - needs a new slip ring and top end of the steering column off........
I've formally rejected the car by FAX to VW UK and my dealer.......
Is there anything else I should do ?
Anyone had experience with rejecting a new car ??
Is my claim likely to be successful ?
Cheers
Gastro
PS - Wish I'd never let the scooby go
#2
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Gastro,
Sorry to hear about your new car
A few years back we had a similar experience with my Mum's Corsa SRi which developed a leak in the main gearbox oil seal, thus contaminating the clutch and requiring full stripdown and rebuild. The car was about 3 months old at this point and had done about 4000 miles.
Basically we told the supplying garage that we were extremely unhappy and the sales manager agreed to contact Vauxhall. Got a phone call the next day to say Vauxhall had agreed to replace the car.
So I would guess that on a car that is only 3 days old, a fault of this nature should stand you in pretty good stead of getting a replacement.
Let us know how you get on - and best of luck!
Sorry to hear about your new car
A few years back we had a similar experience with my Mum's Corsa SRi which developed a leak in the main gearbox oil seal, thus contaminating the clutch and requiring full stripdown and rebuild. The car was about 3 months old at this point and had done about 4000 miles.
Basically we told the supplying garage that we were extremely unhappy and the sales manager agreed to contact Vauxhall. Got a phone call the next day to say Vauxhall had agreed to replace the car.
So I would guess that on a car that is only 3 days old, a fault of this nature should stand you in pretty good stead of getting a replacement.
Let us know how you get on - and best of luck!
#3
I sucessfully rejected a Pug 206 after they delivered it with a small scratch on the front wing which went into be repaired. When I got it back from the repair it was covered in more scratches where people had scraped tool box down it etc.
Write the dealer a letter saying that you reject the car as it is not of merchantable quality. Say that they can call you to arange a time to come and pick it up and that you have stoped using it (if you continue to use it they can claim that by doing this you are accepting it).
I would consult a solicitor if I was you as well.
Mail me offline if you want any more info....
By the way I had the car about 3 weeks and had done nearly 1000 miles when i rejected it.
Write the dealer a letter saying that you reject the car as it is not of merchantable quality. Say that they can call you to arange a time to come and pick it up and that you have stoped using it (if you continue to use it they can claim that by doing this you are accepting it).
I would consult a solicitor if I was you as well.
Mail me offline if you want any more info....
By the way I had the car about 3 weeks and had done nearly 1000 miles when i rejected it.
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Sorry to hear the probs mate, guess I won't be getting the update about the car after it's run in then!
Hope you get it all sorted, tis a pain in the *** when this kinda thing happens.
Hope you get it all sorted, tis a pain in the *** when this kinda thing happens.
#5
I expect you have already thought of this one, but have you tried sending an e mail to the citizens advice bureau?
I have done this through their web site for a couple of things in the past and they really have given me some sound advice.
Like the time I never got my royalties for the film "Footsie".
I have done this through their web site for a couple of things in the past and they really have given me some sound advice.
Like the time I never got my royalties for the film "Footsie".
#6
Glad I'm not the only person to have problems with VAG. Waited a year for a custom spec A3. Arrived after all that time as a 3dr not a 5dr, without sunroof and other bits of trim which were supposedly the reason I was having to wait for so long!!! I never accpeted delivery, but 3 months on I am still waiting for Audi to authorize return of my deposit.
Hope your clain is more successful
Robin
Hope your clain is more successful
Robin
#7
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Well it looks like I'm going to have to accept the car repaired Legally (apparently) - its a 50:50 case - if I can provide evidence that the repairs will make the engine always 'weak' then fair play - but otherwise I have to give them fair chance to repair it........
Doesnt this just pi$$ you off - its just totally demoralising - VAG dont care and neither does my retailer.......
Well - off to the BMW dealers to put down a deposit on a new mini...........
Gastro
Doesnt this just pi$$ you off - its just totally demoralising - VAG dont care and neither does my retailer.......
Well - off to the BMW dealers to put down a deposit on a new mini...........
Gastro
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#8
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Gastro. Sorry to hear about your grief with car. Would double check about you having to accept car being repaired. Ithink you are in your rights to demand a new car or refund.I think they will do everything they can to fob you off.No Micky Mouse Solicitors.. Get a good one. Return car to them Use AA /RAC etc to deliver car. dont drive it.. If it is on finance talk to them.
Luke
Luke
#9
Gastro
Who told you that it was a 50:50 case ? Under the 'Sale of Goods' act it clearly states that if an item sold is not of a merchantable quality then the consumer will have the right to a replacement item or full refund. Which seems to apply here.
If you bought an item of clothing that split after three days you would take it back and demand another. Just because it is a car it should be no differnt IMHO.
Nathan..
Who told you that it was a 50:50 case ? Under the 'Sale of Goods' act it clearly states that if an item sold is not of a merchantable quality then the consumer will have the right to a replacement item or full refund. Which seems to apply here.
If you bought an item of clothing that split after three days you would take it back and demand another. Just because it is a car it should be no differnt IMHO.
Nathan..
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The advice was from a good solicitor firm in Edinburgh. Opinion was divided within the practice - some pro claim and some against...... All it means is that the solicors win again and we just get royally shafted........
I'm awaiting VAG's and the area managers 'final' decision tommorrow - but lets face it - I'm not going to get a new car.
I'm just left feeling pi$$ed off and I'm rapidly losing confidence about cars full stop........
Gastro
I'm awaiting VAG's and the area managers 'final' decision tommorrow - but lets face it - I'm not going to get a new car.
I'm just left feeling pi$$ed off and I'm rapidly losing confidence about cars full stop........
Gastro
#11
I agree with Gastro. Its 50-50. I got the sae advise from Trading Standards. Apparently there is a test case which ruled in favour of the dealer/manufactuer.
Ive also heard though that we could be getting a better Lemon Law similar to the States.
It needs sorting out
Jonathan
Ive also heard though that we could be getting a better Lemon Law similar to the States.
It needs sorting out
Jonathan
#12
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Dont you, under law and your staturory rights have something like 28 days to reject a car?
If its got such a bad problem and VW uk dont wish to know, go to the CAB and get info on it, i would take it back to the dealerif they are not being co operative, throw the keys at them and say, "My solicitor shall be in touch".
Ok, its harsh but you have to put your foot down here, it isnt to the spec you wanted in the first place (full uk) so they have effectively not given you what you have paid for.
Tony
If its got such a bad problem and VW uk dont wish to know, go to the CAB and get info on it, i would take it back to the dealerif they are not being co operative, throw the keys at them and say, "My solicitor shall be in touch".
Ok, its harsh but you have to put your foot down here, it isnt to the spec you wanted in the first place (full uk) so they have effectively not given you what you have paid for.
Tony
#13
I rejected my Accord Type `R` by refusing to take the keys back from them after it had been in for investigation - again.
The Honda dealer was excellent - sorted it internally with no hassle at all. Gave me three options - took an Integra `R` plus refund - best thing I`ve ever done - worst thing was I sold it eight months later - sob...
Advice from both solicitor and CAB was that yes you have a case but if the dealer etc.. stand firm then it will take a very long time to sort. There were cases that had been on the go for over a year. CAB suggested that generating bad publicity would be the best plan of attack.
Good luck..............
Cheers
The Honda dealer was excellent - sorted it internally with no hassle at all. Gave me three options - took an Integra `R` plus refund - best thing I`ve ever done - worst thing was I sold it eight months later - sob...
Advice from both solicitor and CAB was that yes you have a case but if the dealer etc.. stand firm then it will take a very long time to sort. There were cases that had been on the go for over a year. CAB suggested that generating bad publicity would be the best plan of attack.
Good luck..............
Cheers
#14
I got advice off the RAC and another legal motoring body when my new Westfield had numerous problems. Unfortunately I was told that I had to give them a chance to make it of merchantable quality.
Pain as lost a load of money on it and the finish was abysmal. New engine as well....
Never again
Good luck
Pain as lost a load of money on it and the finish was abysmal. New engine as well....
Never again
Good luck
#15
I know someone who bought a Golf V5 a couple of years ago. It did not have the factory alarm fitted and there were problems with the paintwork. The dealers tried to resolve a number of times, but failed by fitting non-factory alarm, damaging the car when delivering it from painting, messing the paintwork up again and various other blunders. They had been given the chance to rectify it but failed. 6 months later they replaced the car.
I also had a problem with a new Almera last year. Went to collect it and found the wing was scratched. I rejected it there and then. They said they would fix it, tried, bad paint job, wouldn't match and lots of scratches visible. I gave them an ultimatum, either take it back and fix to a factory standard, ie I couldn't tell it had been done, or they would have to give me my money back. They had the wing sprayed properly and all is OK now. Wife happy.
I also had a problem with a new Almera last year. Went to collect it and found the wing was scratched. I rejected it there and then. They said they would fix it, tried, bad paint job, wouldn't match and lots of scratches visible. I gave them an ultimatum, either take it back and fix to a factory standard, ie I couldn't tell it had been done, or they would have to give me my money back. They had the wing sprayed properly and all is OK now. Wife happy.
#16
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I know what you mean about VW, My sister bought a New polo when they changed shape in 2000, within a fortnight, the car developed severe water leakage in both footwells, the dealer supposedly sorted it, after replacing all the carpets and taking 4 weeks to sort out, got it back only for it to leak still again, same old hassle, car off the road for a fortnight, eventually sorted.
From the advice we received, we shouldn't of allowed the dealer to look at the car in the first place, just returned it with all the keys and paperwork and a letter formally rejecting it. It seems once they had looked at the car, they had earned the right to attempt to repair it.
Sister still has the car, although unhappy with it, and it seems to spend a couple of days a month in the dealer for other small problems.
She owned an S reg polo before this one and it was fine, Has the Vw standards slipped?
From the advice we received, we shouldn't of allowed the dealer to look at the car in the first place, just returned it with all the keys and paperwork and a letter formally rejecting it. It seems once they had looked at the car, they had earned the right to attempt to repair it.
Sister still has the car, although unhappy with it, and it seems to spend a couple of days a month in the dealer for other small problems.
She owned an S reg polo before this one and it was fine, Has the Vw standards slipped?
#17
Left the VW fold when they introduced the dowdy Mk3 Golf and went Seat`s.
Superb service to date from an Arosa / Ibiza
- fun; reliable; value; spot on dealer.
Good luck out there.....
Cheers
Superb service to date from an Arosa / Ibiza
- fun; reliable; value; spot on dealer.
Good luck out there.....
Cheers
#18
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Thought I'd keep you all up-to-date......!
Went to trading standards - who were 100% behind my claim (!)......
Hassled the manager no end for 48 hours - and after mentioning the possibility of legal action - they finally said OK
Today I have received in writing that they will now supply me a new vehicle to my original specification and a courtesy car until that time !!!!!!
Thanks everyone for their comments.....
Gastro
Went to trading standards - who were 100% behind my claim (!)......
Hassled the manager no end for 48 hours - and after mentioning the possibility of legal action - they finally said OK
Today I have received in writing that they will now supply me a new vehicle to my original specification and a courtesy car until that time !!!!!!
Thanks everyone for their comments.....
Gastro
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by ed the dead:
<B>I sucessfully rejected a Pug 206 after they delivered it with a small scratch on the front wing which went into be repaired. When I got it back from the repair it was covered in more scratches where people had scraped tool box down it etc.
.[/quote]
I've been in the motor trade eight years and still haven't caught my £1000 Snap on tool box on any cars, I'm obviously not trying hard enough!
Bob
<B>I sucessfully rejected a Pug 206 after they delivered it with a small scratch on the front wing which went into be repaired. When I got it back from the repair it was covered in more scratches where people had scraped tool box down it etc.
.[/quote]
I've been in the motor trade eight years and still haven't caught my £1000 Snap on tool box on any cars, I'm obviously not trying hard enough!
Bob
#22
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by Gastro:
<B>Thought I'd keep you all up-to-date......!
Went to trading standards - who were 100% behind my claim (!)......
Hassled the manager no end for 48 hours - and after mentioning the possibility of legal action - they finally said OK
Today I have received in writing that they will now supply me a new vehicle to my original specification and a courtesy car until that time !!!!!!
Thanks everyone for their comments.....
Gastro [/quote]
Excellent
Bob T.... obviously not (or maybe you just care about your job!)
<B>Thought I'd keep you all up-to-date......!
Went to trading standards - who were 100% behind my claim (!)......
Hassled the manager no end for 48 hours - and after mentioning the possibility of legal action - they finally said OK
Today I have received in writing that they will now supply me a new vehicle to my original specification and a courtesy car until that time !!!!!!
Thanks everyone for their comments.....
Gastro [/quote]
Excellent
Bob T.... obviously not (or maybe you just care about your job!)
#23
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Nice one Gastro, good on yer mate for giving the guy a hard time for 48 hours (which is what I would have done,) Enjoy the new motor mate.
Cheers
Colin
Cheers
Colin
#24
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I see some of you have mirrored my own experiences with my 16V Lupo.
Paintwork problems which were sorted only when I threatened to reject the car. (I would have too!!) I still have a small gearbox problem when it is cold cause it crunches into second but only the first time. They just cant fix it. Anyway watch that space at next service.
However, I wouldnt want to change the Lupo for anything else, what a fantastic car. With 100bhp it just flies, and remember I have the scooby to compare it with!! It also gets 42mpg and does silly speeds 120+ easily.
Paintwork problems which were sorted only when I threatened to reject the car. (I would have too!!) I still have a small gearbox problem when it is cold cause it crunches into second but only the first time. They just cant fix it. Anyway watch that space at next service.
However, I wouldnt want to change the Lupo for anything else, what a fantastic car. With 100bhp it just flies, and remember I have the scooby to compare it with!! It also gets 42mpg and does silly speeds 120+ easily.
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