brand new rusty car

[vickymito]

Hi all,

I recently purchased a brand new Dacia Duster the purchase price was £15500,

we had only owned the car for two weeks when we noticed that the inner front wings were badly rusted,on taking the car back to the main dealers to be inspected by the service manager we were shocked to hear that it was quite common and that they usually rust under the seals above the doors,he took the seals off and there was rust there too,on inspecting the car more thoroughly he found actual corrosion under the rear number plate,he said to us that he could book the car into a body shop but couldnt guarantee that the rust wouldnt reappear after a couple of months, he

actually laughed and said the car was a rust bucket,which we couldn't believe.

We were contacted by Dacia customer services a couple of days later who said they wanted to repair the car to its previous condition,while weve had it its been rusty so we wernt holding out much hope i said i would like to reject it but she said it was Dacias policy to repair rather than replace.

I would just like some advice,as we've heard that rejecting a car can leave you car less for months whilst its sorted out,maybe seeing a solicitor might help we just dont know.

What i do know is that if you buy a brand new car it shouldnt have rust issues like this one,and for dealers to be aware of the problems with a relatively new brand in the uk at such an early stage is a disgrace.Looking on Dacia forums it would appear that this is not an isolated case.

[rebel11]

Hi vicky

 

Welcome to CAG

 

How did you pay for it?

 

Here's some information:-

 

http://www.adviceguide.org.uk/wales/..._is_faulty.htm

 

Best to keep any communications you have with the dealer in written form, email etc so you have a paper trail.

[vickymito]

Hi we paid by part exchange and cash.

[rebel11]

Hi vicky

 

When you buy a brand new car, it shouldn't have 'rust' on it, it could be how the manufacturer / dealer have stored the car. It really doesn't matter what Dacias policy is. What do you want Dacias to do?

 

You should really pay for car's with Credit Card / Visa Debit Cards, it offers you loads of protection.

[vickymito]

Hi

Unfortunately we didnt pay with our debit card,when we went back to the dealers the service manager told us that when the car was manufactured they dont galvanize the edges,and that the paint is applied too thinly,i wish we'd known this before we bought it,to look at it its perfect its when you remove the trim and lift the bonnet that the problems start.Dacia have told us that we cant reject it and that they must be given the opportunity to repair it,we've sent a letter to the dealers asking to reject the car on the grounds that it is of substandard quality,but we keep getting replies from Dacia,we assumed that our contract was with the dealers and not Dacia ?.Its beginning to become a nightmare all we wanted was a new car with all the aspersions of a new car,not as the dealer says a rust bucket.

[rebel11]

Hi vicky

 

When was it purchased? You are dealing with the 'Dealer' not Dacia.

[vickymito]

Hi ,

We purchased the car at the beginning of february,the dealer has been really helpful,i think he would give us a refund if he knew that Dacia would reimburse him,if we call the dealer we always get a call back off Dacia,they seem to be calling the shots and maybe making their own rules up as they go along.

[rebel11]

Hi Vicky

 

Call Citizens Advice tomorrow, explain the situation, ask them if they can pass this on to Trading Standards, at some point they will give you a reference number, make a note of the number. When did you write a letter to first reject the car?

[vickymito]

Hi,

We wrote a letter within 3 weeks of ownership,we were advised to reject it by the actual dealers service manager,we have not used the car since,its locked up safe in our garage,we have verbally asked them to collect the car,we were apprehensive about leaving the car at the dealer's becouse of Dacia position that we must have the car repaired,we have had a free consultation with a solicitor but his estimate of between £1000 and £15000 for dealing with the matter was frightening.We rang trading standards,but were put through to the CAB.We seem to be getting no where fast,we think the stumbling block is the dealers being so reliant on advice from the manufacturers customer service departments.

[rebel11]

Hi Vicky

 

I think your being too nice to the dealer. Send the following letter to the Dealer, send it Recorded Delivery. Ideally CAB/Trading Standards give you a reference number which you could add to the letter, 'Ref No: CAB / Trading Standards - XXXXXXXXXXXX. Send close up pictures of the rust on the car with the letter. Here is the letter:-

 

http://www.which.co.uk/consumer-rights/action/how-to-reject-a-faulty-product-and-get-your-money-back

 

http://www.which.co.uk/consumer-rights/action/letter-to-get-a-refund-if-your-item-is-faulty-

 

Amend this bit to suit: -'I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it.'

[vickymito]

Hi

I too think I'm being too nice to the dealer,i did send him a letter similar to the which letter,his response was to send

it to Dacia,who responded with the rather predictable, "thank you for contacting your dealer BUT it is Dacias policy to repair rather than reject,therefore it is not possible for Dacia uk to accept your vehicle rejection "They are beginning to make me think that i am in the wrong not them.

[rebel11]

Hi vicky

 

4 Don't be fobbed off

 

If the retailer or the manufacturer will not help, and you believe you are within the reasonable time for rejecting the item, write to the retailer (not the manufacturer) formally rejecting the product under the Sale of Goods Act.

 

Ring CAB tomorrow, you need to remind the Dealer that he's the one that you will be taking to court. If he showed you the rust at the time of purchase, would you have bought it?

The longer this goes on the more confident the dealer / manufacturer become stalling you.

 

 

Hi

I too think I'm being too nice to the dealer,i did send him a letter similar to the which letter,his response was to send

it to Dacia,who responded with the rather predictable, "thank you for contacting your dealer BUT it is Dacias policy to repair rather than reject,therefore it is not possible for Dacia uk to accept your vehicle rejection "They are beginning to make me think that i am in the wrong not them.

[heliosuk]

It is all manufacturers policy to repair rather than replace for all sales. Whilst your complaint might be against the dealer you need to check if the dealer is truly independent and not an actual subsidiary of Dacia UK. What you see is not always the case.

[Conniff]

Two weeks is well within a reasonable time. Reject the car by letter recorded delivery. If you like the car and are willing to accept a repair, you can (in writing) tell them you will give them one go at a repair but you reserve your right of rejection should the rust reappear.

[vickymito]

Hi all,

Heres an update on my car.

I rang trading standards they said i should reject the car as it was not of a satisfactory quality,as i was going round in circles ,the dealer then dacia both saying i had to have it repaired and saying i couldnt reject it.I saw a solicitor he said that Dacia has nothing to do with it and that my contract is with the dealer,so he sent them a letter reminding the dealer of that and rejecting the car asking them to collect it and reimburse me,I haven't used the car we've been our other car,so its just sat there waiting for collection.The solicitor gave them seven days,they did respond to the letter sayind they were sorry and embarrassed by the situation and that the ceo was personally ringing Dacia to resolve the situation,it seems that they still dont get it that my contracts with them and not Dacia !I dont know how long this is going to take,it seems that they hope i get fed up and px it with another dealer but i wont ,they sold me a brand new car with rust ,hopefully the thought of going to court will make them do the right thing.

[rebel11]

Hi vicky

 

Thanks for the update, hopefully everything is going in the right direction. Is the dealer a member of an motoring association?

 

Such as http://www.rmif.co.uk/consumers/why-use-an-rmi-member/ (Lodge a complaint with them)

[Conniff]

Nice one - I hope you or your solicitor have told them you will be adding the statutory 8% interest to the amount owed.

[king12345]

Isn't now time to issue a final notice before action? (correct me if I'm wrong)

The op already rejected the car and sent a letter to this effect.

7 days to collect the car have passed.

It's a clear cut of refund if it goes to court imo.

I really can't see any judge siding with the dealer, and dacia has nothing to do with this case.

I would personally refuse to have the car resprayed.

A new car should have paint resisting the elements for at least 10 years in my opinion.

We see plenty of 20 year old cars around without rust, how can a 3 week old car be deemed ok to rust is beyond me.

Again, I would not accept the repair and even if it took a couple of years to get the money back, I would take them to court.

[vickymito]

Hi all,

People cant believe we bought a brand new car with so much rust,but to look at it,it looks great but lift the bonnet and remove the trim and and look under the door seals and theres loads of it ,we cant believe the dealer let it go in such a state,where was the pdi ?like the last reply said you just dont see rust on cars these days we didnt go looking for it,and we feel so stupid for buying it,the dealer knew before we bought it that theres a big problem with Dacias,and so does the manufacturer,we feel that we were ripped off.I would love to show a judge the photos of the rust,and the letter from Dacia saying "we are confident that all our vehicles are manufactured to the highest possible standards,using high quality materials" its beginning to get us down now ,we just our money back,its not a lot to ask for is it?.

[Conniff]

Ring them, email them or pay them a visit, by whatever method, tell them they have until Monday to collect the car and make a full refund as on Monday you will be filing a court claim against them.

 

 

Do it, don't listen to all this 'we are talking to Dacia crap, it has absolutely nothing to do with them, this is solely between you and the seller. Unless you bought it on HP and then it is between you and the finance company.

[RustyDuster]

Hi all

 

In the exact same boat here! Seen this? 58 pages worth!

 

Google "do-you-have-a-rusty-duster dacia forum uk"

 

This is such a serious issue/cover-up by some dealers and Dacia I can't believe they've not been sued or been a national recall!

 

I should be issuing my rejection letter on Mon. I've emailed Trading standards and a local paper. I work for a solicitor but they weren't much help as my dealer is also a client!

 

PS what is duster an anagram off to make us all smile a bit?????

[citizenkain]

is it rusted? could be rudest

[RustyDuster]

is it rusted? could be rudest

 

A gold star to you!

[ericsbrother]

Taker the car back and leave it on their forecourt with your rejection letter and a letter before action giving them 7 days to refund or you will sue them for the full cost of the purchase and expenses incurred since.

[vickymito]

Hi all,

The latest update ,my solicitor has been in touch appears the dealer has emailed him to say that all documentation relating to my case has been falwarded to the Renault/Dacia legal team and they are awaiting a response from them.It appears that they cant get their heads around the fact that its nothing to do with Dacia its the dealer that will be going to court,my solicitor has sternly reminded them of this fact and that court action is the next step.From looking on Dacia forums theres plenty of other people with a rust issue with their new cars,plenty of rejection letters going in but very few people actually getting their money back ,those that have,have taken the legal road.Seems that my dealer is just delaying the inevitable,it wont do him or Dacia anygood to go to court,i think they are just waiting to see how far i will go,and how long they can get away with it.Thanks for all the good advise,and all the replies to my post.