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New car... problems from day one. legal advice?

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Old 11 May 2004, 07:04 PM
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Fangoria
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Default New car... problems from day one. legal advice?

Picked up new Scoob Turbo wrx on Sunday from Soton dealers

The person that we had been dealing with was on hols (he told us he'd see us on the day... but heyho)...so we dealt with some other person who just really wanted us to sign a bit of paperwork and disappear

At that point we needed to drive away as I was giving back a company car the following day but we pointed out a few issues at the time

1. Damaged rear seats - the stuffing had not been put in correctly
2. Damaged instrument panel - i.e. plastic scratches

This in itself is not too much of a problem. The clincher was the 3rd one...

3. Fold down the centre of the passenger side door. The Subaru guy agreed with all the points and said that we should discuss these with the person we had been dealing with all through the process (who had stated he would be there the day we collected it)

Clearly I was fairly annoyed.... I reckoned that maybe a dent person may be able to remove the door problems - but I certainly didnt want a new door respraying...on a brand new vehicle

Driving home I noted a further complication as I could smell it

4. Green gunge all over the engine bay - looks like coolant - but its like a green coating all over the place - not absolutely everywhere...but just covers areas of the engine...... and other bits - e.g. alternators, etc

Now the real issue I had was when we got home- I emptied out the contents of the glove box and noted that Subaru had left in the Vehicel Delivery inspection notes.... on this it states in section B (Uplift from Port of Entry)

'' N/S/Door dents...Panel defect??''

So they knew the car was damaged and weren't even gonna mention it to us

Now maybe I'm being a little harsh but I really expect a new car that I've paid decent money for to be in excellent condition from day 1

Oh and on top of the comments above the dealership has taken out £500 more than they were authorised to do -so currently I've paid £500 more than I should - this was a mess with the bank - they stated that the amount would be £500 less than the actual payment that went through - I confirmed this with them twice!!! - this was a cardholder not present transaction.. done 2 days prior to me picking the car up....

I rang the dealer today but the person I wanted to speak to was on holiday today

My wife is pretty livid with the situation and wants to reject the car

My question is what is the appropriate legal stance to take -the car has done few miles......

(clearly I dont want to have a new door resprayed/replaced as the colour may not match..... apparently the car came into the country on 27/1/04 but I didnt get it until last weekend, having placed the order mid march - wonder why it takes so long to allocate them!!)

Thanks in advance for comments.....
Old 11 May 2004, 07:22 PM
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bluenose172
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You should be watching BBC1 now!!!!!!
Old 11 May 2004, 07:29 PM
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Fangoria
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Missed it.... what did it say???
Old 11 May 2004, 07:41 PM
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DJ140
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To late now, but I'd never have driven the car out of the garage. Reject the vehicle immediately, letter to the dealer and copy to your solicitor.

You are correct in saying that the resprayed panel will not match the rest of the car. It's the reason I sold my last Impreza, couldn't cope with non-matching paintwork!

Good luck.

Dan
Old 11 May 2004, 08:13 PM
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jd
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Is this Sparshatts in Botley? If so, intentionally didn't buy from them cos the salemen were w*nkers...!

Hope you get it all sorted mate.
Old 11 May 2004, 08:20 PM
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Dont think theres too many scoob main dealer suppliers in Soton....

Anyone got anything definateively legal

i.e. to reject the car I'd have to drive all the way back to Soton from Bristol and get back which would be major hassle....
Old 11 May 2004, 08:27 PM
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Any legal bods out there?
Old 11 May 2004, 09:00 PM
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Cider boy
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Exclamation Act fast!

Originally Posted by Fangoria
Any legal bods out there?
Not me, but there has just been a very simmilar thread on here, have a search for it, was titled something like "overspray on new car advice needed".

The outcome of that thread was that you are entitled to reject the car under sale of goods act if there are major paint defetcts etc, but time is of the essence and if you want to reject it then go down to dealer asap and leave the car with them saying you are rejecting it, give them a letter explaining why, also send a copy of this letter to the dealer and IM by recorded delivery!

Good luck,

Matt

Last edited by Cider boy; 11 May 2004 at 09:01 PM. Reason: sp
Old 11 May 2004, 09:10 PM
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What if ?
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Sounds scary, I'm only a couple of months away from ordering form the same people. May be I should reconsider going down the Scooby route. Is this sort of thing common, or is it just Soton branch. Agree Sales staff are a bit wierd ! Sorry to hear about your troubles.

I'm from the ClioSport forum and people on there have been able to jelect cars for up to 1 year from date of purchase, so good luck, I do not see that you would have a problem. Ask them nicely first as you have to be seen to have let them have the chance to resolve it for you first. If they will not replace it with another new one, get you solicitor to write to them. Good luck M8.
Old 11 May 2004, 09:14 PM
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jonnie c
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Have a look at the sale of goods act.

http://www.dti.gov.uk/ccp/topics1/fa...legoodsact.htm

This should help in your defence to them.
Old 11 May 2004, 09:22 PM
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GaryCat
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The green gunge on the engine is normal. I think it is to protect against corrosion, mine certainly has it.

If the person you need to speak to is on holiday ask to speak to their superior.

G.
Old 11 May 2004, 09:25 PM
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Fangoria
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Another interesting fact... the car hadnt been washed/polished when I picked it up... nice customer service for ya....

Anyhow I live in Bristol and we have Tileys 10 miles away..... and I bought from Soton........but then Soton did me a good discount through Pat at Carfile....
Old 11 May 2004, 09:27 PM
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Just found out about the gunge stuff....so thats a relief

I guess the biggie is the door crease...which they knew about.
Old 11 May 2004, 09:30 PM
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Thanks

Sale of goods act is a very useful reference
Old 11 May 2004, 09:35 PM
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JohnD
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If it is humanly possible, NEVER take delivery of a car the first time you see it. Go to see it at LEAST once, more if possible, to give it a good inspection. I was able to do this with my STi and brought a couple of body work imperfections to the attention of the dealer as well as instruct him not to have it waxed etc.
When I bought my first Scoob in '99 I did as you have done and took delivery the first time I saw it (after a 7 month wait!) and it was only a week or so later that I noticed some small imperfections as well as no alarm installation cert. (therefore it wasn't insured for theft until this was recieved and passed to the ins. co.)
When you consider the journey they have made (ships, transporters etc.) it's surprising there is not more minor damage!
The green goo in the engine bay is perfectly normal by the way. If you don't remove it, dirt will soon stick to it and the bay will look awful! - depends how fussy you are about these things (like me!)
I would be tempted to reject the car. If you do, don't be fogged off with an excuse that they can't get another for "X" weeks, that's b*****ks there are always "spares" in stock. (I went to my dealer in April 03 who said delivery on a black STi would be end of August at the earliest. 40 mins. later he was asking me "when do you want it"!!)
Good luck JohnD
Old 11 May 2004, 09:46 PM
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Thanks so far

I must say I'm getting a little hacked off at the moment

1st RBS messes about over a mortgage - 4 months and counting..so I'm kicking that into touch
2nd theres the dining table and chairs than come without the chairs and a damaged table
3rd theres the AP discs that are warped from the start and then I cant drain the cailpers as the nipples have fallen off
4th theres the Gruppe S up-pipe which blows a gaskek every other day until I finally change it for a Hayward and Scott one that doesnt get supplied with Gaskets and the local scoob dealer/etc is unable to supply my import the required gaskets...........
I could go on... I'm having a bad year.........
Old 11 May 2004, 09:55 PM
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This used to be discusses in regularly in car mags. Write a leter of rejection and demand your money back, or negotiate a hefty discount for the ****ty condition,

cal
Old 11 May 2004, 10:22 PM
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Originally Posted by GaryCat
The green gunge on the engine is normal. I think it is to protect against corrosion, mine certainly has it.

If the person you need to speak to is on holiday ask to speak to their superior.

G.
Yeah - green gunge is wax protective coating - a good thing!
Old 11 May 2004, 10:36 PM
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Originally Posted by Fangoria
Picked up new Scoob Turbo wrx on Sunday from Soton dealers.....
I am a first time Subaru owner and picked up an MY04 Sti from the said garage in April. To be fair I have had no problems with the car, apart from a few swirls near the bonnet scoop that didn't warrant going back, everything was fine. This is my 4th new car, and each of the three before could have probably been rejected for not being 110%. As for the dealer, no worse than any other.

I made a point of going over the car before going anywhere near the showroom on the day. At least that way I was happy with the car before driving off.

I guess that's the important thing here - if you are not happy you won't enjoy the car. A decent bodyshop should get the paint to match and you can always go for some extras on top.

Go to the top man and get it sorted.
Old 11 May 2004, 11:14 PM
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Yes I guess for most its ok....

When I got my sti5 in 1999 the service was impeccable.... the car was a few days late in arriving so the importer lent me his with trade plates and I did about 600 miles in it!!!

Then there was a scratch on the spoiler which was sorted out immediately......

I guess its the case that for many good ones there are the occassional bad ones...... I'm jumping the gun a bit as I always do.... I will keep the thread updated of developments - afterall if this is sorted to my satisfaction then I wouldnt want any garage to get a bad repuation becuase of it.... thats the only fair thing.... I was just asking for advice at this time based on the facts so far......
Old 11 May 2004, 11:19 PM
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[QUOTE=What if ?]Sounds scary, I'm only a couple of months away from ordering form the same people. May be I should reconsider going down the Scooby route. Is this sort of thing common, or is it just Soton branch. Agree Sales staff are a bit wierd !
QUOTE]


Sounds like that one branch.

Still go for a scooby, but avoid that branch, and write to them and International Motors, the importers / franchise holders why you went elsewhere, so they are aware of the issue of poor quality service / sales / prep etc.
Old 11 May 2004, 11:19 PM
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mart360
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Reject the car,, put it in writing,

tell them you will be contacting auto express too


the salesmans on holiday is crap its just a delaying tactic to get the time to elapse...

if you are that hacked off....you would drive down there and reject the car...

phone up and ask to speak to the MD... failing any reponse, ask for his name, and then state you will be contacting the chairman of IS uk regarding the matter and the lack of response from the dealership etc..

also drop in local rag, watchdog, trading standards........

if you drive to the dealership and park in sutch a way it inconvienences them they will do one of 3 things

ignore it

call police... be prepared to stand your ground.... providing the protest is carried out properly there is nothing they can do...... but some adverse publicity goes a long way......

rectify to your expectations....


ps if you get arrested make sure it goes to court.... and tell dealership they will be called to give evidence..... phone call to the press etc...



mart
Old 12 May 2004, 08:03 AM
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I rejected a Volvo S40 (don't laugh, it was a few years ago) after 6 months of lots of niggling problems that could not be sorted. Got a brand new one which was better build quality all over and went better too.
Do not settle for resprays / ne panels etc - reject it now. They let me keep my volvo while I waited 6 weeks for the delivery of the replacement one.
Old 12 May 2004, 08:30 AM
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A worrying trend appearing here about the poor customer service and condition of cars being delivered by Subaru.

Subaru have gone through a major overhaul of it's dealer network over the last couple of years and not necessarily for the better either. Remember the JP Power surveys a few years back mid to late 90's - Subaru used to be untouchable. Not anymore. Expectations may increase but I cant't believe this is why customer service apears so poor. It's to be hoped someone at Subaru UK in West Bromwich reads these boards and sees their reputation going in to freefall!

I would have thought a loyal customer is worth their weight in gold.

Last edited by scoobimax; 12 May 2004 at 01:24 PM.
Old 12 May 2004, 10:23 AM
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MattW
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Originally Posted by Fangoria
Dont think theres too many scoob main dealer suppliers in Soton....

Anyone got anything definateively legal

i.e. to reject the car I'd have to drive all the way back to Soton from Bristol and get back which would be major hassle....
Can't you get a mate to follow you down, I'm sure someone would be prepared to. I would if you were stuck.
Old 12 May 2004, 01:29 PM
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Stuart J
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Sparshatts are known by many localy as "Shatts" & aparently for good reason.

Suggest you ring up & ask to speak to the MD, if hes notavailable ask if hes in. If the answer is yes drive straight down there, park sideways across the drive to the right & refuse to move until he sees you & then reject the car. I think I am correct in saying that if you drive it you are accepting it New is New & thats it. Any defects should be remedied so the customer never knows, that combined with what appears to be a could not really care attitude is not what you would expect.

Also if you have any masking tape put on the side of the car in big letters something like supplied dented as new by sparshatts & drive it into the garage like that
Old 12 May 2004, 01:45 PM
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cor blimey - I've been to that dealership and HATED the sales people and vowed never ever to go there again. they totally totally p*ssed me off and I'd never ever go there again.



so I'm not surprised...



On the legal front the advice given is correct but that time is of the essence...meaning it may already be too late.



My advice is reject car and go straight to Subaru UK if you do not get INSTANT satisfaction for THAT DEALER.



GOOD LUCK
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