Urgent help sought with SOGA on new car.

[Winnie Wotsit]

I bought a new car in April this year that has issues from day one. The dealer has had the car back four times and failed to repair one of the faults and not fully investigated another. I was advised by the dealer and the manufacturers customer support team that I could use another dealer. So I booked the car in this week to be looked at by another dealer franchise in my area . I have also contacted the manufacturers head office by mail to ask for there support but not heard anything back.

 

 

I've been told I have two choices. I could take action against the manufacturers with regards to their warranty or invoke the SOGA against my dealer for a replacement car or part refund.

 

 

My question is :

 

If I take my car to this other dealer this week , will it severely weaken any SOGA claim I would have against the original dealer I bought the car off.

 

 

Many thanks.

[sailor sam]

Hi,

 

Answer to your question is no it won't affect your consumer rights and yes, ultimately you claim against the dealer who supplied the car as it was them who you paid you hard earned cash to.

 

I don't know who told you your 'options' but you have 2 as far as I am aware... one of which you seemed to have allready exhausted. First you approach the dealer and give him the oppotuinity to resolve the issues (which you appear to have done). Second if the first option fails, you write a formal rejection letter to the dealer stating the you either want a replacement car on a like for like basis or a full refund. As soon as you post the letter you MUST stop using the car.

 

As a matter of interest, what is the make and model of the car and the nature of the faults?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Winnie Wotsit]

Hi,

 

Second if the first option fails, you write a formal rejection letter to the dealer stating the you either want a replacement car on a like for like basis or a full refund. As soon as you post the letter you MUST stop using the car.

 

As a matter of interest, what is the make and model of the car and the nature of the faults?

 

 

I hope you don't mind if I keep some information private on the forums ( I have no problem supplying it via PM ). Its a Hyundai car.

The faults don't prevent the car from being used. But are causing issues. Rejection of the car would be the last resort for me. I cant be without a car due to a very serious medical condition that requires constant hospital treatment. But reading how long these rejection claims can go on for would properly see me in a grave before its sorted, plus I don't have any money left to replace it while it was going through the legal system ( once again I can provide detailed info via PM, but not on a public forum due to its nature ).

 

I was hoping that by writing to the manufacturer, they would help or support my warranty issue with this new dealer I'm about to try.

 

My 3rd option is to sell the car ( at a major loss ). Its a nearly new car and would come with the rest of the manufacturers warranty of nearly 5 years, but I would still have to disclose the fault history to any new buyer even though it had a full warranty. But any prospective buyer would be in the same boat has me and would quite rightly want an appropriate reduction in the price.

 

 

I was just hoping to keep the last resort open if that's all I had left , and was concerned that taking the car into another dealer would diminish my contract with the original supplying dealer in any SOGA case.

[sailor sam]

I'm sorry to hear about your issues. I would of thought that Hyundai would step in and help. You are correct in thinking that any franchised dealer can carry out work under the maunfaturer's warranty so your plan to take it to another dealer should not be a problem if that's the avenue you want to go down. Also they should supply you with a courtesy car under the circumstances so don't be afraid to ask.

 

As for you third option; I would strongly advise against selling it privately because SOGA is there to prevent consumers taking losses on faulty goods so you would be far better off using SOGA if necessary. By the way, the faults do not have to prevent the car from being used to be valid complaints as with a new car there should be no faults at all.

 

My advice to you at this stage is to turn the heat up a bit and write to both the supplying dealer and Hyundai UK insisting that they either rectify the faults within a reasonable time to your total satisfaction or replace the car on a like for like basis. Mention in your letter that you will consider rejecting the car for a full refund under the SOGA should they fail to comply. Also inform them that you expect a courtesy car while they attempt to sort out your car. Send by recorded delivery and keep copies.

 

Feel free to PM me with the problems with the car if you want to.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Winnie Wotsit]

I shall get the other dealer to look at it this week and see what the outcome is. It may be positive and could point to a satisfactory conclusion.

 

If not, then I shall seriously consider the SOGA route.

[sailor sam]

Re your holiday,

 

Discuss your fears with the dealer about driving the car to Cornwall and ask them to obtain authorisation from Hyundai to provide you with a courtesy car to prevent ruining your holiday.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Winnie Wotsit]

If this went to court under the SOGA. What portion of the money has to be paid back if :

 

A: You bought under scrappage

Example : If the retail price was £11k and you received a 2K scrappage allowances, would you only be eligible for £9k ( of part thereof ) to be refunded.

 

 

B: You were given special offer discounts

Example : If your car was £11k and you recieved a promotional scheme giving a 5K discount would you only be eligable for £6K ( of part thereof ) to be refunded.

 

 

 

C: You part exchanged a car plus cash

Example : They gave you £7k part ex on your old car and you paid 4k cash

Edited July 14, 2010 by Winnie Wotsit

[Winnie Wotsit]

Any ideas on my above post ?

[sailor sam]

If this went to court under the SOGA. What portion of the money has to be paid back if :

 

A: You bought under scrappage

Example : If the retail price was £11k and you received a 2K scrappage allowances, would you only be eligible for £9k ( of part thereof ) to be refunded.

 

 

B: You were given special offer discounts

Example : If your car was £11k and you recieved a promotional scheme giving a 5K discount would you only be eligable for £6K ( of part thereof ) to be refunded.

 

 

 

C: You part exchanged a car plus cash

Example : They gave you £7k part ex on your old car and you paid 4k cash

 

Any potential claim would be for what ever money changed hands plus your p/x so in your example 'C', they should refund £4k (less any costs due to mileage/depreciation ect) plus either your old car back or £7k.

 

In example A & B, again you would claim whatever monies were paid by you. I don't think any discount scheme would be relevant.

 

Having said this, I would check the position with trading standards.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Winnie Wotsit]

 

Having said this, I would check the position with trading standards.

 

 

 

 

Please god no !

 

Not after my last experience. They told me I should be grateful for getting a car at such a good price and because I have had the use of it for nearly 4000 miles and had it for 3 months ( even though I have been fighting to get it repaired for three months ) that I would be deemed to have accepted the car.

 

I wont go on, because the rest of the conversation was even more downbeat. But there has been a recent twist in the story and going down the legal route is no longer an option for both financial and personal reasons.

 

I'm stuck with the car for better or worse. I now have to find ways to either get it repaired, pay for the repairs myself or sell it at a £3k loss.

 

 

In my case the SOGA would see me take a massive loss, take too long to resolve ( dealer has already hinted he would drag it has long as possible ) and involve costs I dont have ( reports etc ). The SOGA is a wonderful thing, but for people in my situation its a shark with no teeth.

 

 

On a practical level, I have to make a decision on risking my warranty on some recent evidence/information thats come to light.

[sailor sam]

Have you had any response from Hyundai?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Winnie Wotsit]

Have you had any response from Hyundai?

 

 

Apart from a 2 minute phone call that was answering another email I'd sent ( nothing of any use ). There has been deathly silence to my letter.

[sailor sam]

Ok, how about this idea then;

 

Write a follow up letter to Hyundai UK and say you are very dissapointed in their lack of attention to your problems. Invite them again to look into this again or you may involve the media. (The 'iron' is hot at the moment because of the Toyota issue).

 

BBC Watch Dog will be my next advice to you. Hyundai will love that!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.

[Winnie Wotsit]

Ok, how about this idea then;

 

Write a follow up letter to Hyundai UK and say you are very dissapointed in their lack of attention to your problems. Invite them again to look into this again or you may involve the media. (The 'iron' is hot at the moment because of the Toyota issue).

 

BBC Watch Dog will be my next advice to you. Hyundai will love that!

 

 

I know someone in this field ( Producer for Channel 4 ), it's very difficult to time a slot has a single incident consumer event in any consumer production. Had it been a spate of issues, then Hyundai would have been gunned for by a decent researcher. Dom Littlewood is currently making another one of his series ( Don't get Done , get Dom ). But I doubt my case ticks all the box's for a priority slot.

I've had a massive life changing event recently and only want to see the good in people, yes I may be living on planet zog.

Even trying to get this into the hands of a production company could be a long winded fight. I suppose I'm getting deflated and tired of it all at the moment.

 

Looking around the forums, I see so many people with the same issues has me who have invested more money for an older car, I suppose I can count myself lucky not to have lost anymore ( not that I had anymore to lose )

[Winnie Wotsit]

Found the answer to the question I had asked . So scrub this post

Edited July 20, 2010 by Winnie Wotsit

[heliosuk]

What are the alleged faults you have complained of. None of this has been mentioned so it's important you get the right perspective before embarking on this route.

 

I've come across instances where the hand over of the car has been less than desirable and the owner has jumped to conclusions, not that I'm saying this applies in this case.

[Winnie Wotsit]

What are the alleged faults you have complained of. None of this has been mentioned so it's important you get the right perspective before embarking on this route.

 

I've come across instances where the hand over of the car has been less than desirable and the owner has jumped to conclusions, not that I'm saying this applies in this case.

 

 

I can only go into specifics via PM. Sorry if that doesnt help, but I have no choice in the matter.

[heliosuk]

Please do that. Thanks.