Returning a New Car. What are my Rights?

[WEZZA]

Hi

 

I'm hoping for some advice on returning a brand new car that I have purchased. I'm not sure where I stand legally.

 

I purchased a Kia Sportage just over a week ago

 

. It was paid for from a loan that I got from my bank.

 

Within a day or so of driving the vehicle I started to feel dizzy and quite nauseous. This would develop into headaches

 

. I went to my doctor who went through a series of questions to try and pinpoint what might be causing the dizziness. Finally, he asked me if I'd bought a new car in the past few weeks. He then proceeded to inform me about the level of VOCs in the interior of a new car that when excessive can lead to the symptoms I'd been experiencing.

 

After researching the subject on the internet it turns out that KIA are one of the worst manufacturers for this issue.

 

I phoned the dealership and was told somebody would get back to me. Nobody did. I phoned again and explained I wanted to return the car as I was unable to drive it.

 

I was told the manager would return my call. He did not.

This went on for two or three days.

Eventually I was put through to the dealership's resolution centre who told me they would deal with the problem. They didn't.

 

I had to phone them today after they failed to phone me back and was told it would be the Area Manager who would decide on the issue and that he would phone me. He didn't.

 

I had to phone him. Quite bluntly and rudely he told me it wasn't their problem, they had done nothing wrong.

He had never heard of the VOC problem.

 

I'm really annoyed that I have spent four or five days trying to resolve the issue with the dealership to be treated in this manner.

 

I think it's time I started to put things in writing.

Any advice would be much appreciated.

 

It's that noxious that I am just unable to drive the car. My has experienced a similar reaction but not as severe.

 

Thanks

[dx100uk]

You. Are within 14 days

Simply cancel the finance with you bank and return the car to the dealer

 

One sticking point might be if it was a personal loan and the car is not named on the agreement.??

 

DX

[Conniff]

Everything should always be in writing. If you are rejecting any car, it must be done in writing unless it has been agreed with the seller that you can do it another way.

 

If you look in the Sale of Goods Act 1979 section 14 (2B)(d), it says 'safety'. If you are feeling dizzy and nauseous, this could lead to a safety matter in that you could lose control of the car.

 

That would be a reason to reject and a letter from your doctor confirming would help.

[WEZZA]

Thanks for the replies. Yes, the loan was a personal loan from the bank, not a car loan. They are adamant they will not take it back. So I suppose I would be in the position where they would challenge the VOCs. I have no proof of them. I do have a letter from my doctor to say in his opinion the smell of the new car is what is making me dizzy and giving me headaches and that it's "possibly" the VOCs.

[Conniff]

The Ecology Center released its fourth consumer guide to toxic chemicals last week, and the news is better. The amount of volatile organic compounds (VOCs) in new cars has decreased, but we still have a ways to go.

 

VOCs in plastics and flame retardants have been linked to a variety of acute and long-term health concerns. The center says the cars with the highest amount of VOCs include the Mini Cooper Clubman S, the Volkswagen Eos and the Kia Sportage SUV. The cars with the least VOC emissions are the Honda Civic, the Toyota Prius and the Honda CR-Z.

 

Drivers spend an average of 1.5 hours in their car a day, exposed to the VOCs. Chemicals of concern include bromide, which is associated with flame retardants, chlorine in PVC and plasticizers, lead and other heavy metals. These can lead to health problems such as allergies, birth defects, impaired learning and cancer, the Ecology Center says.

 

In-car air temperatures of 192 degrees Fahrenheit and dashboard temps of 248 degrees Fahrenheit can increase the concentration of VOCs. - See more at: http://autoweek.com/article/car-news/new-car-smell-less-toxic-not-safe-ecology-center-says#sthash.t0kHfzh2.dpuf

[WEZZA]

Thanks for the replies. Kia have done nothing. They are just backing what their dealership have said.

[Conniff]

Have you sent them a rejection letter ? If not then you had better hurry because VOC doesn't take long to wear off and then you will have a car you don't want.