Mazda/Santander PCP - My 2 week old new car is faulty and dealership won't replace it.

[onlythiswayup]

Hi I'm a newbie and really hope that someone can give me some advice please.

I purchased a new car on pcp

two weeks after picking it up, it broke down,

the recovery company put it on a diagnostic machine and deemed it unsafe to drive, I had to sign a waiver that I wouldn't drive it.

The report also showed that the very same fault had happened before at 2 miles on the clock and this code had been deleted, this was before I took bought it.

 I took delivery of the car with 10 miles on the clock.  Eventually it was recovered back to the dealership, who eventually after over a week was told by the manufacturer that it needed a powertrain module , but this isn't in stock and has been put on back order for at least 8 to 10 weeks, but could be more.

I have asked the dealership for a replacement car, as I wasn't happy that such a major fault had happened and after just two weeks of purchasing it, that the car had been sold to me with the fault, and that I could be without my car for months.  They have said no, they are going to repair it.

I have spoken to the finance company that I have the pcp finance with and they have said, that because the car was taken back to the dealership, the short term right to reject it now void. 

Is this correct because it doesn't seem fair.

Thank you for reading it and hope you can help.

Thanks

Tina

[AndyOrch]

Welcome to the forum.

 

I have moved your topic to the appropriate forum please continue to post here.

 

Andy

[BankFodder]

What is the name of the dealer?

What is the name of the finance company?

You have it in writing that the finance company said that the short time right to reject is now void?

Please can you give us a bullet pointed chronology of events. We have no idea of the timescales here.

Please tell us about the car – make, model, mileage et cetera.

You also haven't told us anything about the price paid and whether the finance was a loan or hire purchase

That lot to start with – at least.

[onlythiswayup]

Hi,

 

Thanks for the reply.

The dealer is Mazda

The finance company is Santander

I haven't got it in writing, I was told via a phone call today, but I'm sure that I will get this.

I purchased the Car on the 21/4/2023

It broke down on the 5/5/2023

The recovery company carried out a diagnostic report on the car on the 5/5/2023

I was told the car wasn't safe to drive and to sign a waiver on the 5/5/2023

It was noted on the diagnostic report 5/5/2023 that this same fault had previously happened at 2 miles on the clock but had been cleared.

The car was taken to the dealership on the 10/5/2023

The dealership informed me on the 16/5/2023 that it needed a powertrain module and that it was on back order for at least 8 to 10 weeks.

I requested a replacement vehicle on the 17/5/2023

I was told today that the dealership will not replace the car.

The Car is a Mazda CX5 Takumi

I purchased the car with 10 miles on the clock

The car has done 149 Miles (5/5/2023)

The purchase price was £28750 (after deposits)

The finance is PCP

My first payment is due on 22/05/2023, which I know I have to pay.

 

Hope this is ok

Thanks

Tina

 

Edited May 19, 2023 by onlythiswayup

[dx100uk]

thats Santander for you!!

 

can i just 100% confirm, the car is directly mentioned by reg/vin etc on the agreement?

and this is a brand new car?? not a 2nd hand one?

 

 

[BankFodder]

Sorry, PCP??

You should immediately write a letter to both of them – the dealer and the finance company and tell them that you are asserting your rights under the consumer rights act because of the defects in the vehicle and you want a refund, cancellation all agreements and to know what arrangements they are going to make to recover the vehicle.

You only have 30 days from the date that you purchased the vehicle and that means that you better get the letter into them now – by email. Don't hang around.

I do mean – Now.

Come back here when you have done it

 

In your letter, refer to the conversation you had with the finance company and say that this letter is a confirmation of your assertion of your right to reject which was originally made by telephone on XXX date

[onlythiswayup]

Hi,

 

I'll write the letter now, thanks, is it the consumer rights act 2015?  and can I put in the letter that I request a replacement vehicle?

 

 

Tina

[onlythiswayup]

Hi

Yes the agreement has all the vehicle information and it's brand new.

[BankFodder]

9 minutes ago, onlythiswayup said:

Hi,

 

I'll write the letter now, thanks, is it the consumer rights act 2015?  and can I put in the letter that I request a replacement vehicle?

 

 

Tina

 

Yes, you can request a refund or replacement at your option.

But for the moment don't start getting worked up about what you're going to ask for. Simply send the letter asserting your rights and telling them you want the refund and that they must collect the vehicle.

This has to go by email straightaway. The only have 30 days and you are pretty well there.

Once again, don't hang around and don't come back here until you can tell us that you have sent the letter

[dx100uk]

ruddy fleecers

you do realise it's santanders car not yours...ID10T's the lot of 'em.

 

dx

 

[onlythiswayup]

Hi,

 

I have written a letter to both the dealership and finance company and emailed it over to them both.  I'll let you know what happens, thank you so much for your help.

[BankFodder]

Don't expect anything to happen, but at least you have a asserted your right within the statutory time.

 

Let us know if there is a response or if there is no response within the next 5 days.

 

Where is the vehicle now? And is it working?

Also, I think that you should send an SAR to whichever company told you that you had now lost your right or rejection.

 

Send the SAR this weekend. You will need to accompany it with some proof of identity such as a utility bill and maybe a copy of your finance agreement

[onlythiswayup]

I am expecting them to just ignore my letters, but yes at least I managed to get the emails off in the 30 days, I have you to thank you that.  The car is in the dealership workshop and cannot be driven as it's too dangerous, it will be staying in the workshop until the part becomes available, which could be at least 10 weeks, I will have paid 3 monthly instalments by then.

 

It was Santander that told me that my short term right to reject has been voided as the vehicle was taken back to the dealership.

[BankFodder]

Send them an sar.

 

Make it clear that you want recordings

 

[onlythiswayup]

Well the letter worked!

I received a call from the dealership yesterday afternoon, acknowledging my letter, they have offered me a new car, but it might not be available till august, they're looking into it.  

They have said that if I want this option, Santander would swap all the details over from the car now to the new car, when the new car arrives, but until then I would have to continue paying the finance on the cx5 that I still own, that is sitting in the workshop and un drivable (would you know if this is correct).  

I think they would continue supplying me with a hire car, but they are checking this, but it is not the same spec.

Also I will have to pay a fee to switch my car insurance over when the new car arrives, so have asked that they pay this.

 I haven't spoken to Santander as yet, just waiting for the dealership to come back to me with answers. 

I sent the Sar to Santander.

[AndyOrch]

Quote

They have said that if I want this option, Santander would swap all the details over from the car now to the new car, when the new car arrives, but until then I would have to continue paying the finance on the cx5 that I still own, that is sitting in the workshop and un drivable (would you know if this is correct).  

 

I wouldn't think so you are not going to pay 3 months or longer for something you cant use I would of thought that they could suspend the agreement or void it.

[onlythiswayup]

I would have thought that too but, Santander told me on the 19/5/23,  (this was when I was told that I had to let the dealership repair it and wait at least 10 weeks and it was before I sent the letter) that If it looked like the car was going to take a long time to be repaired and that I had a rental car they would look at reducing my payments by 20% and that if I didn't have a rental car, then I wouldn't have to pay anything.  

Also that they would look at some sort of compensation later on.  

This is the telephone recording that I have asked for in the SAR.

The rental car was supplied by Mazda Assist not Santander.

[AndyOrch]

Mmmmm and do you think they will keep to that verbal offer once you have mad the full monthly payments ? I would want that confirmed in writing.

[Nicky Boy]

Will the warranty date be reset?

Assuming you even get the new car in August, you'll be a MINIMUM of 4 months between "taking delivery" of the car and actually getting it...

 

All sounds a bit messy to me.

 

I don't know what market prices of cars is like, but would it be worth considering a total reset, refund and start again?

You'd also need to look at the cost of a new pcp deal.

(Also, if you won't be actually buying the car at the end of the term, it may be a cheaper option to look at a personal contract deal.)

Edited May 23, 2023 by Nicky Boy

[dx100uk]

forget warranties, not worth the paper they are written on.. CRA and contract/agreement laws are your friend.

[BankFodder]

If you are relying on your short-term right to reject – rejection within 30 days – and a replacement is being supplied then your position should be as if the contract has been reset and you are beginning again from zero.

You should make this clear to them in writing that this is what you are expecting and that if they have any objections to this than they should express them now and in writing but that you will not accept any objections at all.

[onlythiswayup]

Santander are still saying that if I accept the option a replacement vehicle I will have to carry on paying the instalments at a reduced rate until the replacement car arrives, they've also still said the dealership don't have to accept the short-term right reject.  

I've had enough now and have decided to just reject the car and ask for my deposit back.

 How do I sort out cancelling the finance , is there a way of putting it in writing?

[AndyOrch]

Section 99 of the Consumer Credit Act 1974 sets out when you can voluntarily end an HP or PCP agreement. It covers both new and used cars. All car finance agreements have a 14-day cooling-off period. Your 14 days start on either the day that you sign your agreement or the day that you received a signed copy it, whichever happened later.