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New(Approved) Car with Windscreen chipped at time of delivery

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10 Days I went for test drive of the approved car and it was great so negotiated the price and finalized everything including price and monthly payment etc and confirmed next Saturday I will collect the car.

 

2 days back I went to get the delivery of the car, signed the papers and did the formalities and finally when the guy was demoing the car's feature I noticed that windscreen in chipped and it is not that small but it is not massive as well...

 

strangely if it was there at time of test drive I would have highlighted it.

 

now, when I asked the dealer to replace the windscreen then he is asking me to get it done through insurance company but I insisted to get it confirmed with his manager but he said he 100% sure that his manager would say same thing.

 

now I cannot keep this car with chipped glass and I cannot get it fixed since it is almost new one(Dec 2016).

 

Please help me what I should be doing, and I am still in 30day period, Do i have option to cancel whole deal??

 

Thank you for reading...

 

Help Seeker!!!

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Yes you do. You are within the 30 days and so under the Consumer Rights Act you are entitled to reject the entire car and to demand a refund – or a replacement – at your option.

 

Send them a letter immediately and tell them you are asserting your short-term right to reject and that you are rejecting the car and that you will be leaving it on the forecourt, and cancelling all insurance, ownership – everything.

 

Tell them in your letter that you're not happy at their attitude in relation to repairing a clear fault on a brand-new car and you consider it unacceptable that they consider that it should simply be referred to an insurance company.

 

Now this is where you have some leverage. If you want some money off then you could tell them that even if they replace the windscreen or replace the car that you are no longer interested because of their customer services attitude, although you might be prepared to reconsider that there would have to be a substantial gesture and also an undertaking that in future they will honour your rights under the Consumer Rights Act.

 

I can imagine that they would be beside themselves to get you to take the car because if you don't, it will now be second-hand and they will lose a lot of money on it. I don't know what you pay for the car. I don't know what it is or what it might be worth second-hand, but you certainly have the whip hand here and if I were you I would use it against any company that takes this nasty attitude towards customer service.

 

Please will you tell us which company this is


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Lookers Chipperfield Land Rover... the salesman was very nice and everything he did gave me good deal but in the end this is how it is going at the moment...

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Well write the letter immediately. Even if later on you decide not to insist on the refund/replacement, by sending them letter you reserve your position and also of course they get a nice little warning about how it might go if they don't start acting correctly.


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Ok. let me check with him about any comments from his manager, then I will write them a letter/email stating to cancel whole thing...

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Recorded delivery


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No letter needed; simply point out that the damage is preexisting, and occurred before policy inception. Therefore, the onus is on them to act. If their decision is to dig their heels in, well, you know what to do at that point.

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No letter needed; simply point out that the damage is preexisting, and occurred before policy inception. Therefore, the onus is on them to act. If their decision is to dig their heels in, well, you know what to do at that point.

 

You send the letter so there is a clear paper trail and they are in no doubt of the legal position. The last thing the OP needs is a "he said, she said" argument.


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You send the letter so there is a clear paper trail and they are in no doubt of the legal position. The last thing the OP needs is a "he said, she said" argument.

 

I agree with the letter coz emails and phone calls can be lost...

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It's not a new car at all even though it might be in it's original warranty period. Once the car is registered it becomes used even if it hasn't been used on the road. As it is Approved this tends to confirm it would be classed as used.

 

 

I have a problem with your first statements though

"10 Days I went for test drive of the approved car and it was great so negotiated the price and finalized everything including price and monthly payment etc and confirmed next Saturday I will collect the car.

 

2 days back I went to get the delivery of the car, signed the papers and did the formalities and finally when the guy was demoing the car's feature I noticed that windscreen in chipped and it is not that small but it is not massive as well...

 

strangely if it was there at time of test drive I would have highlighted it. "

 

 

This implies that on inspection that you admit you missed it.

 

 

What you need to do is to ask the dealer to prove it was there at the time of inspection/test drive.

 

 

However rather than go down the route suggested by some of the comments can I suggest a more pragmatic response which is to write/e mail the Dealer principal and copy Land Rover customer services first and see the response.

 

 

As an approved car it should still be subject to a certain standard but it would be nice to know the model age and mileage first.

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is the chip a MOT fail? If so you havent bought a car at all and they have misdescribed it as being one.

As you saw the chip when collecting it cant be claimed that it was caused by you after the event. All ammunition for you.

I presume it is a heated screen and that may explain why they dont want to just replace it, they lose too much money on the deal. Well, they have insurance so let them get it sorted on theirs or have the car back.

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is the chip a MOT fail? If so you havent bought a car at all and they have misdescribed it as being one.

As you saw the chip when collecting it cant be claimed that it was caused by you after the event. All ammunition for you.

I presume it is a heated screen and that may explain why they dont want to just replace it, they lose too much money on the deal. Well, they have insurance so let them get it sorted on theirs or have the car back.

 

 

True it can't be argued that the chip was caused by the OP but it can be argued the chip was there at the time of original inspection and was missed by the OP. If indeed the chip is an actual MOT failure then there are grounds to go after it but if not forms part and parcel of inspection before purchase on a USED car which it has to be as is an "approved car" sale. New unregistered cars are not described as "approved"!!!

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From OP's post #1

 

'now I cannot keep this car with chipped glass and I cannot get it fixed since it is almost new one(Dec 2016)['

 

So it is upwards of 6 months old!


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

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By the way isn't it fraudulent or a criminal offence to make a claim for something that existed before the inception of the insurance policy. If the manager you advised you to do a claim using your insurance knowing the chip was there before taking delivery, the manager is also committing an offence. Maybe a hint of this in any negotiations for a reduction may help your case?

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