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Car developed faults - can I return it?


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Hello,

 

// sorry for the long post, probably too much detail

 

I bought a £15k brand new car about 6 months ago (6 months and 12 days) from a VW dealer on finance (HP), the car developed a fault (probably a minor fault, not sure yet though) with the clutch and had a problem with the rear wiper, the clutch being the issue I was mostly concerned of. As this is my first car, I was more enthusiastic about the fact that I have a car rather than noticing problems with it, also I didn't realise initially that there was in fact a problem with the car only after I looked it up and saw that it's not normal for the clutch to be like mine and then I reported it to the dealer.

 

This took about 2 months and 15 days unfortunately (I guess?), when I initially emailed the sales person to ask about the problem and instruct me what I should do to have it checked, while he said this might be a characteristic of the car I insisted to get it checked out by a technician and presumably repaired if a fault is present.

 

As expected, they got the car checked and found a fault, while it took about 1 week to get it sorted as they forgot that my car was there, for which they apologised but that was not a big deal for me as I'm not trying to cause anyone problems in general, they "fixed" the problem and I got the car back at some point in Nov. last year.

 

The problem stopped for about 3 weeks and then it cropped up again, exactly the same clutch problem that happened before, as it was already close to holidays and such I kept going like this while keeping an eye on specialist forums to see what the problem might be, if I'm going crazy, and what options do I have.

 

As the holidays passed I decided to book the car in for another check to see if they can fix the problem (and also adding another problem that showed up since last service check), I told the dealer about the problems at the end of Jan, about 10 days before reaching 6 months since the car was bought, and the dealer, after checking the car, he said for the clutch that it might be just wear & tear and I might have to pay for it, but I should not worry just yet until they confirm the problem. In the meantime I got really worried that I might have to pay for something that's obviously not wear & tear, also their technician confirmed that the usual price for this kind of fix, if it's wear & tear, it's about £600-700, which got me even more worried.

 

After they kept the car for about 1 week and the car got a new clutch completely, the problems were not fixed and also they introduced a new problem which, as I could only replicate the new issue and the clutch problem I told them about 2 days (got the car back on Wed and told them Fri morning, as I didn't get the chance to drive it too much until Thu night) after I got the car back from service and also managed to get a technician to confirm and replicate these 2/3 problems, and now I'm waiting to book it for another service to get these (hopefully) fixed once and for all.

 

Now I'm seriously thinking about giving the car back, I'm worried that if this problems comes back in the future I will have to a large enough (for me) amount to get it fixed and that's exactly what I wanted to avoid by buying a new car... so I know I would prefer to change the car but I don't know if that's a real option, obviously without having to pay the negative equity on the finance. Does it help at all that the I told the dealer just 10 days before the end of the initial 6 months? Would getting a refund be a real option as the repair was unsatisfactory? If so, should I ask them to inspect the car and reject the repairs that they might want to carry as a result of the inspection that's going to happen next week?

 

I would appreciate if anyone could give any advice on what should I do or who might be best to contact about this, until now all the communication was between me and the dealer, also as of today I have told the sales person which initially sold the car to me that I'm thinking of replacing the car.

 

Thank you!

 

-John

Edited by Conniff
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The problem does not sound as though you can reject the car, however it should be fixed by dealer.

I would report your problems direct to the manufacturer ( VW ) and your HP company ( it is their car after all ) and see if either or both can put some pressure on the dealer to get it fixed completely.

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Advise the finance company that you are having hassles with the car and that you wish to reject it. The finance company is the owner of the vehicle at this stage and hopefully they will get onto the dealer tor esolve the problem quickly. In the meantime only indicate that you may, but do not stop paying your monthly instalment. This may help the finance company put pressure on dealer quicker. Write to them and don't use email or phone.

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Thanks for the advice, but if it's the finance company (in this case vw finance) that I need to contact, being the first time I contact them would that have any effect on the fact that I want to return the car, like could they say I didn't give them the opportunity to fix the problem? Or it doesn't matter as long as I've given the garage the opportunity to fix it?

 

Basically I'm puzzled about the timing of all this, as I said it's around the 6 months period and also has a fair amount of miles on the clock, my goal is to get out of the finance contract ideally with the money I paid back (which is a small amount anyway) given that the chances of getting rid of this problem are slim.

 

Also, I won't stop making payments but should I stop driving the car and refuse the repair after the garage inspects it?

 

Thank you guys so much for all the help!

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I think after this amount of time you will have been deemed to have accepted the car and it would take a court to decide otherwise.

 

 

As the car is under a hire purchase agreement, it doesn't come under the Sale of Goods Act but is governed by the Supply of Goods Implied Terms Act 1973 .

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I am sure VW can fix as it is a new car. Contact VW direct and the finance co. It will be under VW warranty, so if dealer is having problems they should get on to VW on your behalf.

I sense you have another motive, not just the problem with the car?

It does not sound a though it is un driveable?

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