Rejectiing new car due to faults SOGA - need some professional advice - any recommendations ?

[heliosuk]

You don't need estimates.... the car is under warranty if new. As conniff points out these issues should have been picked up on the PDI. Window is anti trap mechanism working so needs adjusting slightly but is doing what it is designed to do. Cannot believe you want to reject over these minor issues and you'd probably have very, very low odds on winning if you did take it to court.

 

What car is it for interest?

[heliosuk]

Well if you're quoting SOGA like that then is it because you are sticking to the letter of the law and you would accept the car with a major defect? With such a thing as a car there are bound to be minor defects. Quite often this, and manufacturers have proved this to be the case, it's a case of customer perception. You don't have to use the dealer you bought it off for warranty repairs, you can use any franchised dealer in the whole of the EU. From what you describe there is no need to "rip the car apart" and the car as delivered is far from what could be described as damaged goods. Cannot think why you won't name the type of car, cannot see what relevance not doing so might have and a 20 grand car, whilst I appreciate is a lot of money, is not deemed to be a premium quality brand anymore.

 

Think you are trying to make a mountain out of a mole hill here with respect.

 

You asked for professional help and you've got it from at least two here.

[heliosuk]

It is also a consultation in relation to digital goods plus a note "(A) The reasonable time for acceptance excludes time spent repairing the good "

 

There is no hard and fast rule about the time to reject but there are certain protocols which need to be followed such as the opportunity to rectify actual or perceived defects.

 

The action you seem to be taking does appear to be frustrating any attempt by the dealer to resolve the situation if indeed you have given them the opportunity.

 

Motor cars a very complex things to build and issues such as you describe are usually sorted out amicably quite quickly. I've dealt with many of these in the past and have even agreed buy backs so can say with some authority that steaming in with rejection demands will not help your case.

 

[heliosuk]

Your missing the point Iwon. You do not lose the right to reject at any time.

 

However you make an assertion that the car is faulty based on an assumption. It could be that the dash mis fitted could actually be within design limits or manufacturing tolerances. Is it a gapping problem between the A posts, is it an angle setting problem?

You have no proof that the seal has not been damaged in transit. The electric windows again can be an adjustment or even down to the seal you complain about. Without the details of the car affected it's not possible to say.

 

You don't have any proof that the dealer will mess up any repair and you haven't given them the chance.

 

When did you buy the car?

 

Some manufacturers know they have an issue with certain things and have steps in place to fix. It does and frequently happens.

 

What is apparent that it seems to have had a poor PDI yet again I come across instances of supposedly poorly fitted seals on doors which are actually designed to be like that to deflect to deflect water or reduce wind noise.

 

Take it back....tell them in writing to either fix to manufacturers standards or give an explanation as to why it's like it is otherwise you will reject.

[heliosuk]

I think Postggj has it in a nut shell.

 

Take it back and ask them to fix it.

 

Again, please state what car it is......it won't hurt you or any case you may have but there are many posters here who can tell you if it's a known problem.

[heliosuk]

All quiet on the IWon front it seems.

[heliosuk]

Ah ha....perhaps not. What else have you not declared?

 

Think I'll be off to Ladbrookes tomorrow to put some money on the dealer!

 

Still cannot understand why you won't state what car it is. If you did it might go some way to helping you resolve the issue amicably, quickly and satisfactory.

 

In my experience this smacks of errrr.................I don't like the car and have made a mistake.

[heliosuk]

@heliosuk - What did I not declare ?

 

"@helios - I have given the garage a chance to inspect the vehicle and they did leave it in a worse state than it was given to them. This does go some way to prove they might mess up the repair but as you say I can't (and didn't) reject it for that reason. The fact that their sales director said he would repair it at another branch that had better skilled technicians suggests that they don't rate the skills of their own staff either."

 

This is the first time you have stated that they have already had a go at fixing it

 

@helios the manufacturer has not identified or accepted any faults into a planned program. Equally they have not informed the dealer of a possible window re-calibration procedure that avoids replacing the window motor so they're as bad as each other.

 

They don't have to have a planned programme. It's routine repair work probably detailed in the workshop manual. How can they inform/help the dealer if they don't know of a problem?

 

@heliosuk - How would naming the manufacturer resolve it any quicker unless the manufacturer is going to suddenly jump in to avoid the embarrassment of bad PR ? (I don't think so)

 

The manufacturer probably doesn't even know this is going on. Have you registered the complaint with their Customer Relationship Centre? If they don't know they can't help can they?

 

Oh and by the way we love the car but the dealers refusal to act within the law has spolit it.

 

They are acting within the law...it's you not following protocol .

 

If you state the make then it's quite possible someone on here knows the best route to get to the big cheese who can intervene for you.

[heliosuk]

Lee v. York Coach and Marine

 

IS THIS IT

 

the fact that a defect is reparable does not prevent it from making the res vendita unmerchantable if it is of a sufficient degree: see Lee v. York Coach and Marine [1977] R.T.R. 35.

 

Essentially then ggj the key is "if it is of a sufficient degree"

 

I can't see this in this case. It's minor easily rectifiable stuff which seems to have been carried out by incompetent technicians.

[heliosuk]

Yes....very true..and I of all should know better!!

[heliosuk]

At last!!! It's a Honda.

 

Right then. Japanese manufacturers are notoriously slippery for dealing with customer complaints such as this. I think Mazda hold the top spot at the moment closely followed by Toyota and the recent press to admit there is a problem in Toyotas is a classic example.

 

What's interesting, now the full tale is coming out, is that the dealer had to phone for permission to change the motor for the window. What this indicates is that they either have an emerging problem or that there is no problem and dealers are changing motors without fully confirming they are faulty. It also indicates that the issue is under investigation. The dealer will not necessarily deal with a tech savy person either. It's just a check to determine/confirm a set of checks have been carried out as the engineering teams determine what might be the issue. They won't know anything about SOGA nor is it their position to do so.

 

I would take issue with your second paragraph and respectfully point out that whilst they are right, there is still a protocol to follow, which has been pointed out to you all along not just by me. The steps you have subsequently taken are what to all intents and purposes people have been saying is the way to do it based on the limited information you supplied.

 

Get the car looked at again by the dealer with the letter as you have done. Then give them one more go with the proviso that if not right at the time of collection you will refuse to take away and have then formally rejected.

 

At that point you are on firm ground having complied with all protocols and meet the requirements of the precidents set.