Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default New car broken on day of purchase (today)

    About three months ago, I ordered a new Hyundai i20 under the government scrappage scheme, giving me a total saving of £2400. It came to a total of £6850, but the car has since increased in value by another £405 bringing my total saving from the retail value of the car to £2805.

    Half an hour after leaving the showroom with my brand new car at delivery mileage (8 miles), the indicators and hazard lights suddenly stopped functioning. This made it both illegal and extremely hazardous to drive, and I kept having to miss turns on my way back to the dealer due to other drivers. The lights would start to work every so often but then would stop working after a short while. When I returned to the car service next to the dealer, I was told that they would immediately fix the car, and after about 1-2 hours I was given the car back, in a state which should have been fit to drive. Ten minutes after leaving, the indicators stopped working again. At this time I was on the motorway in the fast lane, so I somehow made it back to the dealer. There I was told that this was a strange problem that they had never seen before, and that they would investigate it in the following days. They added that they would call me in about 3 days to give me an update. Meanwhile, they've given me a courtesy car to use.

    At this point I am not so confident in Hyundai anymore, so I would like to find out what my legal rights are in terms of returning the car and claiming the full £9655 back. This is because I have now irreversibly used my scrappage scheme rights on my previous car which has now been transferred to Hyundai. Do I have to act before they fix the car?

    One thing I might mention is that they've agreed to offer some kind of compensation, which will be decided upon by the general manager.

    Thanks a lot.

    Edit: In addition to what I previously mentioned about a refund, what are my rights in terms of getting a replacement car? I bought this as a new car and I don't want to use it in a state in which it has been opened up all over to fix an electrical problem. I want my new car as I should have received it in the first place.


  2. #2
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    Default Re: New car broken on day of purchase (today)

    Bump

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
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    Default Re: New car broken on day of purchase (today)

    Sale of goods act.

    Tell them this car is not fit for the purpose intended, the fact you have had the same problem twice in such a very short time is not acceptable. You are not prepared to accept the same vehicle again and you want a brand new one that works correctly.

    Plus you want compensation for the inconvenience so far and for any extended delay in getting the replacement.

    Tell them you have taken advice ( which you have) and you want this dealt with.

    Be firm!

    Pedross

    PS You wanted this make to start with it is probably just a one off as they said.


  4. #4
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    Default Re: New car broken on day of purchase (today)

    Quote Originally Posted by pedross View Post
    Sale of goods act.

    Tell them this car is not fit for the purpose intended, the fact you have had the same problem twice in such a very short time is not acceptable. You are not prepared to accept the same vehicle again and you want a brand new one that works correctly.

    Plus you want compensation for the inconvenience so far and for any extended delay in getting the replacement.

    Tell them you have taken advice ( which you have) and you want this dealt with.

    Be firm!

    Pedross

    PS You wanted this make to start with it is probably just a one off as they said.
    Thanks for your response, and I've already done exactly what you said by sending them a formal email making references to the Sales of Goods Act, but after reading through Hyundai's terms and conditionsicon, I don't think they are legally obliged to give me any compensation.

    What kind of compensation can I expect, and how much? One problem is that their waiting time for a new i20 at the moment is until February/March next year, simply because they've sold so many. Should I accept a new car with an upgraded trim or engine, or should I try to get some cash out of them for the great inconvenience and danger they caused me?

    To be honest, I have a feeling that they're first going to try their luck by giving me back the same old car with free service for three years or something.


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    Default Re: New car broken on day of purchase (today)

    why should they compensate you? you have bought a new car it has an intermitent fault that they are trying to put right and they have put you in a curtosey car to keep you on the road.

    if you do get free servicing out of it then i think you have had a result,

    ps. as a driver you really should know basic hand signals in the event of your indicators not working, you will find them in the highway code


  6. #6
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    Default Re: New car broken on day of purchase (today)

    IMHO you have a valid case for return of the car, ask for compensation.

    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  7. #7
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    Default Re: New car broken on day of purchase (today)

    If the car is that popular then I suppose to get a car that works correctly will be a result. But if you have had to wait for your turn to come around to be allocated a car I do not think it fair that you should wait for too long if they cannot fix it.

    Why should people who have ordered after you be handed cars when you do not yet have yours.

    I can see the problem for the garage but just keep pushing them.


  8. #8
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    Default Re: New car broken on day of purchase (today)

    I think you should have a word with Consumer Direct (Trading Standards).
    Hyundai's terms and conditionsicon by the way, do not necessarilly fully comply with the sales of goods act. As far as I am aware, the garage can attempt to rectify the fault on 2 occasions before offering a replacement car. Again, as far as I know, you also should be offered the option of a re-fund. The fact that you bought the car under the govenment scheme should make no difference. Also, if you bought the car using a finance company, you might like to contact them to put them in the picture.


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    Default Re: New car broken on day of purchase (today)

    Reality check here!!!!!! Its a new car but they do still have faults! They have given you a courtesy car and are prob going to offer free serv etc live with it as long as they sort it out its not the end of the world!


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    Default Re: New car broken on day of purchase (today)

    Quote Originally Posted by flub1976 View Post
    Reality check here!!!!!! Its a new car but they do still have faults! They have given you a courtesy car and are prob going to offer free serv etc live with it as long as they sort it out its not the end of the world!
    So how long does he give them? It's been three months now and they still hav'nt sorted it. You have to draw the line somewhere!


  11. #11
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    Default Re: New car broken on day of purchase (today)

    Hmmm might be wrong here but I didnt read it as having been three months maybe you could clarify, I thought that he had ordered it three months ago. I cant see Hyundai leaving him in a courtesy car for three months. New car manufacturers pay out a lot of money on warranty claims becasue there are a lot of parts that go wrong. Its unfortunate but not the end of the world give them some time, get some compensation and enjoy racking up the miles in their car instead of yours even if it takes a few weeks.

    If they still havnt fixed the fault then it is all on record and you would be able to reject the vehicle and get either a replacement car or the full (invoice value) refund.


  12. #12
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    Default Re: New car broken on day of purchase (today)

    Have you got an update Und?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE