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rtune
Member Since: 23 Mar 2010
Location: Berkshire
Posts: 29
  
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Hi
I had my car delivered about 2 months ago, i noted paint defects on the vehicle, and gave the dealer numerous chances to sort it out, but they had until friday last week to resolve they obviously didnt even bother to contact me, so i would like to know how i go about formally writing to them to reject the car as its got 4 areas of paint that i am not happy with. If someone has rejected a car, please advise me how i can go about doing it, esp template letter etc.
Regards
Ranjit
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 16th Aug 2010 11:52 am |
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highbayrack
Member Since: 09 Jul 2008
Location: Northamptonshire
Posts: 2776
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Hi Ranjit,
When you say the dealer had until last Friday to sort the complaints out, did you write to them stating this, or was it a verbal deadline. Either way you do have a right to reject the car I believe. On a mission to find the perfect Pork Pie. Just Found it (I think)..(Yes I have)
Official product sponsor for "Bloodhound SSC" 1000+ mph world land speed record
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| 16th Aug 2010 1:40 pm |
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Bill Wright
Member Since: 03 Nov 2007
Location: Glorious Devon
Posts: 3254
 
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http://www.honestjohn.co.uk/faq/consumer-rights
Have a dekko at this article.
Google "Rejecting a car"
On the two occasions that I have successfully rejected a car, it involved eventually writing to the Managing Director of the two companies concerned (FMC and Peugeot UK) with the facts of the matter in a reasonable and rational tone. Don't show anger or become abusive, it doesn't score points. I know that some will say that your dispute is with the dealer and that's quite correct but a polite letter to the manufacturer does no harm as the dealer's actions may reflect badly upon the manufacturer.
Bill Wright Never take life too seriously. Nobody gets out alive anyway.
D4 SDV6 SE Tech Kaikoura Stone MY15.
Last edited by Bill Wright on 16th Aug 2010 2:14 pm. Edited 1 time in total
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| 16th Aug 2010 2:08 pm |
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jum649
Member Since: 21 Feb 2010
Location: Herefordshire
Posts: 331
 
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This is a draft of a letter that my solicitor did when I was in your situation.... and I was successful, even tho her advice was 50/50 due to the length of time I had had the car and because I had let them attempt to repair it on numerous occasions. They settled in full on the last day.
Good luck!
DRAFT FOR APPROVAL BY CLIENT
By fax and by post: 01444 471273
Dear Sirs
Re: Nissan Navara Aventura 2.5DCi
Registration No: GY55 FZR (the “Vehicleâ€)
We are instructed by Mr James Rennick who purchased, pursuant to an agreement between you (the “Agreementâ€), the above Vehicle, new, with accessories, on or about 8 September 2005, and for which he paid you the total sum of £30,669.08.
It was an implied condition of the Agreement that the Vehicle would be of satisfactory quality, pursuant to s.14 of the Sale of Goods Act 1979. The following factors are indicative of its “qualityâ€:
1. The fitness for the purpose which a vehicle of this kind is commonly supplied;
2. The appearance and finish of the Vehicle;
3. Freedom from minor defects;
4. Safety;
5. Durability.
In breach of the Agreement, the Vehicle has the following defects and is plainly not of satisfactory quality:
1. The hard top leaks. This was apparent to our client shortly after he collected the Vehicle from your garage on or about 8 September 2005. He made complaints about it without delay and you have attempted to remedy it. We are instructed however that your efforts to remedy the fault have failed;
2. The rear axle makes unacceptable noises and, it would seem, is indicative of a further underlying problem. Again, this was reported to you in September 2005 and you have failed to fix the fault despite attempts. Indeed, on 15 December 2005 we understand you acknowledged to our client that this defect is a recognised fault in the Vehicle;
3. The rear door to the top does not latch close properly;
4. The rear door to the hard top does not open properly, due, we are instructed, to faulty struts, one of which has already been replaced
5. The bonnet has come out of alignment;
6. There is rust on the inside of the petrol flap;
7. There are blemishes in the paintwork.
The above amount to breaches of the implied term as to satisfactory quality and fitness for purpose, entitling our client to reject the Vehicle, which he now does and a demand is accordingly herein made for the return of the said sum of £30,669.08, being the price paid for the Vehicle and further damages for breach of contract [James – have you incurred any expenses as a result of the problems with the car? Taxi fares? Car hire?] (Not Yet) plus interest at a rate of 8% per annum from the date of delivery and continuing at that rate until Judgment or sooner payment.
Our client will be returning the Vehicle to you within 24 hours [James – is this ok?] This can be done or they can pick it up – which ever you suggest is better. beginning from the date of this letter.
May we please have your cheque payable to our client in the said sum of £30,669.08 within 14 days of the date hereof?
All our client’s rights and remedies are expressly reserved.
Yours faithfully
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| 16th Aug 2010 5:57 pm |
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90BHP
Member Since: 18 Oct 2006
Location: Half way along the road on the right
Posts: 3706
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My First car was rejected (company car - sort of) via the lease company as the contract with them was most easily demonstratable as having been broken.
So 53,000 miles in - it can be done. New one has been perfect so don't be put off. See my gallery for the paint side of the rejection. "To finish first, one first has to finish ...."
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| 16th Aug 2010 8:53 pm |
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BLFarrar
Member Since: 02 Aug 2006
Location: Deepest, Dankest, Darkest, Dingiest......Le Halifax, West Yorkshire...with strong links to Ireland
Posts: 6222
 
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both LandRover Disco 2's...verbally...
one with drastically failed engine
second with problem gearbox (ZF auto one)
Dealer didn't need a letter & both cars replaced with new in matter of weeks...
I believe its the sale of goods act BREXIT - done properly.
Right now ...We need Government - not Politics
Save the Dipstick Flagbearer-keep it simple, less likely to fail campaign-agenda items:Starting Handles, Acetylene Lamps.
Founder: Dipsticks-R-Us Inc
D3 HSE-perfectly formed, passenger friendly...has real DIPSTICK
Jag XK-but sadly no DIPSTICK...HUGE design fault
FL2 has DIPSTICK..."real comfort in rear seats"
VW Golf wondermobile (?)..has real DIPSTICK
Morris Minor..original DIPSTICK technology..and a real KEY.
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| 16th Aug 2010 10:13 pm |
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90BHP
Member Since: 18 Oct 2006
Location: Half way along the road on the right
Posts: 3706
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I believe that sounds like good service ... "To finish first, one first has to finish ...."
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| 17th Aug 2010 12:05 am |
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zarnd
Member Since: 23 Apr 2010
Location: Kent
Posts: 794
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You can reject it, but you have to be able to demonstrate that the dealer was able to try and fix the fault more than once
good luck Alex
2007 D3 TDV6 HSE
2009 Caterham Supersport
2005 FFRR Vogue SE 4.2 Supercharged
2004 SL55 AMG
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| 17th Aug 2010 9:57 am |
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rtune
Member Since: 23 Mar 2010
Location: Berkshire
Posts: 29
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Hiya Gents,
Thanks for the advice, situation is as follows:- car was delivered i checked the car found 4 areas of bad paint, i noted on the drivers sheet when delivering for the avoidance of doubt. I then emailed the person dealing with my sale, vehicle was handled by the corporate part of a dealer as it was bought by my company. They advised me to get a quote for sorting it out and that they would send me a cheque, either from my paintshop (My Business) or from a local dealer. However the local dealer doesnt have a paintshop so i sent them a quote from mine. I gave them the choice to have it repaired by paying up, but now i have had enough i have them a deadline to either sort it out, i.e. being fair on them and reasonable to put it right or i advised them i would reject the car.
So the deadline came and went, i am being reasonable and very diplomatic. At the end of the day its a £52K car, and its not the 1st new car i have bought, (Mercedes, BMW's), i have never found a defect in paint on these other marques, so why would i expect it from my Disco, but thats another story. Obviously owning a paintshop and checking paint is the name of my game, so it kinda really got my back up that they PDI'd my car knowing full well who it was sold too, i spent literally 5mins looking over the car and i found 4 areas!
I emailed the lady i have been dealing with in corporate dept at the dealer asking for the dealer principles name still awaiting a reply.
its a bit of a rant! feel a bit better!
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| 18th Aug 2010 10:03 am |
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zarnd
Member Since: 23 Apr 2010
Location: Kent
Posts: 794
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how much time did you give them when you sent the quote in? To be fair, depending on where the bad paint is, it may not have even been seen by anyone at the dealership and as you say yourself you inspect for a living, so know exactly what to look for straight away, whereas the person doing the pdi may not have known what to look for.
I would have thought that if they have said that they will pay for it to be repaired, then they will (although I may b wrong!). I don't know where you would stand on rejecting your car due to the pain imperfections as no one has tried to correct the fault yet.
cheers and good luck Alex
2007 D3 TDV6 HSE
2009 Caterham Supersport
2005 FFRR Vogue SE 4.2 Supercharged
2004 SL55 AMG
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| 18th Aug 2010 5:15 pm |
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jum649
Member Since: 21 Feb 2010
Location: Herefordshire
Posts: 331
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my understanding is that you do not have to give them the opportunity to correct this and you can reject it under the sale of goods act for the appearance and finish of the vehicle as well as freedom from minor defects.
Giving the dealer the chance to repair these can weaken your case as the vehicle should be supplied in satisfactory quality from day 1.
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| 18th Aug 2010 5:42 pm |
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zarnd
Member Since: 23 Apr 2010
Location: Kent
Posts: 794
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Hmmm...not 100% sure. Won't argue, so we'll see what happens  Alex
2007 D3 TDV6 HSE
2009 Caterham Supersport
2005 FFRR Vogue SE 4.2 Supercharged
2004 SL55 AMG
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| 18th Aug 2010 5:48 pm |
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BLFarrar
Member Since: 02 Aug 2006
Location: Deepest, Dankest, Darkest, Dingiest......Le Halifax, West Yorkshire...with strong links to Ireland
Posts: 6222
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BLFarrar wrote:both LandRover Disco 2's...verbally...
one with drastically failed engine
second with problem gearbox (ZF auto one)
Dealer didn't need a letter & both cars replaced with new in matter of weeks...
I believe its the sale of goods act
OK on both my Disco 3's
the one that had the defective engine...they offered a replacement engine or to reject the car......I didn't want a "new" car with a replacement engine.....no matter how good the workshop it is going to be as good as original factory build...in fact they did put an engine in & sold the car off their forecourt
the one after that that had the defective ZF gearbox....discovered on the very first journey....from Stanrear to Newcastle....was a fault in many cars of that batch....I want the only one who suffered...again I opted to reject....they couldn't get a date on the replacement car as production had halted 'cos of the gearbox problem....it took three & a half weeks to get an exact match for the one I had (TD5 / ES / Black etc)...but they agreed that to replace the gearbox wasnt an option....also given very nice wooden dash as compensation.....
.......you dont have to accept the fix..if the car is merchantable it can be rejected BREXIT - done properly.
Right now ...We need Government - not Politics
Save the Dipstick Flagbearer-keep it simple, less likely to fail campaign-agenda items:Starting Handles, Acetylene Lamps.
Founder: Dipsticks-R-Us Inc
D3 HSE-perfectly formed, passenger friendly...has real DIPSTICK
Jag XK-but sadly no DIPSTICK...HUGE design fault
FL2 has DIPSTICK..."real comfort in rear seats"
VW Golf wondermobile (?)..has real DIPSTICK
Morris Minor..original DIPSTICK technology..and a real KEY.
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| 18th Aug 2010 6:26 pm |
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Popelka
Member Since: 31 May 2008
Location: Praha (Prague)
Posts: 2430
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rtune wrote: They advised me to get a quote for sorting it out and that they would send me a cheque, either from my paintshop (My Business) or from a local dealer. However the local dealer doesnt have a paintshop so i sent them a quote from mine. I gave them the choice to have it repaired by paying up
I'm confussed here 
did you send a quote to LR office who was dealing with your complaint or to the local dealer?
I would think both would be good option as it maybe gives you access to potential business from the loacal dealer if other customers have issues or maybe you could offer help with PDI's Experience is a difficult teacher, because she gives the test first and then the lesson afterwards!!!!
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| 19th Aug 2010 7:49 am |
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