Rejecting a new car

ernieb

New Member
May 4, 2010
1
0
0
I was wondering if you could give me some advice?

I work as a driving instructor and in September 2009 I purchased a brand new 59 plate Seat Ibiza Ecomotive. After a month or so of owning the car I noticed what I can only describe as an intermittent misfire. The problem started to get worse to the point I decided to take the car to the main dealer. After doing a diagnostic check they concluded that the car was fine and it was possibly to do with the type of diesel I was using. I'd only ever used standard Shell diesel but decided to try using Shell V-Power for a couple of weeks. The misfire was still happening.

One morning before starting work I popped the bonnet to check the oil level. To my horror the level was approximately 3 inches above the max level. I called the dealer who said that I was probably getting a wrong reading and to take it round to them. They drained the oil to find the dipstick reading was correct, not only that DIESEL was also mixed with oil! The dealer said they would have to keep the car as this was a serious problem. The mechanics failed to find the fault so sent a report to Seat who advised to replace the 'Tandem fuel pump'.

After receiving the car back it drove flawless for exactly one week when the misfire re-appeared. I was checking the oil on a daily basis at this time, the level again appeared to be rising. After taking the car back to the dealer they confirmed that diesel was yet again getting into the oil. Another report was sent to Seat who this time advised replacing the 'fuel injector seals'. Yet again this did not solve the problem.

I should also state that throughout this time the car go's to the dealer every 2-3 weeks for an oil change.

Another report was sent to Seat who this time advised replacing the cylinder head, even though the head has been given the all clear.

The car went to the main dealer on 21/4/10 to have the head replaced. I was due to get the car back the following day, I did not actually recieve the car until the evening of 28/4/10. I was not even given a courtesy car!

The car want back in on 1/5/10 with a rattle coming from the engine. Turned out that it was a loose air filter housing which had not been re-attached properly.

Was driving the car on the 3/5/10 when the engine started to overheat and it lost all coolant. AA breakdown could not find problem. Was taken to main dealer again 4/5/10, they found an air lock in the system. Now sorted.

Today 5/5/10 the misfire has re-appeared and the oil level is yet again rising!!

Because of the problems I have lost over 16 days of work (approx £1600), had to cancel a huge number of lessons and also lost at least 1 pupil who is sick of having lessons cancelled.

If I hand them the car back I will have to lease a car at a cost of around £35 per day until they car is replaced or im refunded. Can I claim this back?

The car was bought on HP.

Any advice please?

Thanks.
 

StWilliam

New Member
Jul 15, 2010
2
0
0
I'm in a similar position, but thankfully it's not my living that will effected.


From the information I've managed to extract from both trading standards and consumer direct, the Sale of Goods act for rejecting cars is fruitless, expensive and usually takes months upon months.

On one had you have to give the dealer three attempts to repair the car and yet on the other you will be told you've had the car for too long and deemed to accept it. ( your dammed if you do and dammed if you dont ).

If you ( like me ) have put more then the average millage on the clock since you've had the car ( 10k per year or 28 miles per day ) then you will lose a lot in deprication IF you win a rejection case.


From the case's I've read about and the lethargic way both Trading Standards and Consumer Direct gave me advice on new car rejection, I've come to the conclusion the SOGA is not worth the paper its written on for new car owners. It takes to long, is to expensive and most dealers will fight and drag it out. Despite consumer direct telling me that if Trading Standards get involved the earth will move ( Trading standards told me not to bother ), my dealer told me trading standards wouldnt even bother calling them, so I may as well go away ( and he was proved right ).

I'm considering using the SOGA just to get my car repaired.


Consumer TV programs are one option, but they're in the market to entertain to a wide audience, not to take on the moral crusades of any one individual.


To be honest, you have a better chance of getting a decent car buying new, but if you do end up with a lemon, you may as well bought a used one from a roadside seller called John wearing a trilby. Legal battles are still for those with money. the SOGA is to damn expensive and drawn out for your average joe to use. After all, you spend all your money on the car.


You could put it down to experience or do what I indend to do if I get no joy. Have the car resprayed with all its problems listed and what the dealer didn't do to resolve the issues.


Best of luck and be aware you're not alone .