Brand new car - unresolved problem.

Savage

New Member
May 3, 2009
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Hi all, I wish to know where I stand with my issue :)

I bought a brand new car in March, and have had an excessive wind noise from new on the drivers door.
Intitially I took it back and a technician had a preliminary look, and determined it needed further investigation.
I booked it in for the earliest date they had a courtesy car, (2 weeks along) and after they said it was seen to, I went out with the tech in the car in both driver and passenger positions.

I mentioned that the problem had not been solved, it was still clearly noticeably more wind noise on the drivers side.

So they booked it in to the bodyshop, to realign the door which the tech and I thought was not quite right, I hoped this would cure the issue.
3 weeks wait until they have a courtesy car free, so I wait and take it in on the date given.

I picked up the car when it is returned from the body shop.
on driving the car home, the noise is still present although the door alignment is spot on.
The notes from the body shop said they had also replaced a door trim kit, (whatever that is).

So now I have been back to the dealers a total of 3 times, and each time the problem has not been resolved, the actual people I have dealt with at the dealers have been very helpfull and polite, but I still have a problem unfixed.

Here is were I need your expert help, in deciding what my next step is.

I was thinking I should ask them to replace all the door seals on the drivers side as this has not been done yet, and to my non technical mind, would be logically what I would think to do.

But is this the best course of action, and what can I legally be entitled to if it is not cured on the next attempt ?

I am happy with the car in all other respects, but this is getting frustrating :(
 

Jorumian

Facilitator
Sep 1, 2008
347
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Birkenhead
If that was me, I would call the dealers again and take the car back in and explain to them the fault is still present.

Maybe take an engineer / technician for a test drive to show him exactly what you mean.

The seals are one consideration, the window is another, but it sounds to me that they are not repairing the issue, or investigating the cause, just changing what they *think* it might be.

So I'd get back on the phone and tell them the problem is still unresolved, you've already been in three times and you want it sorting as a matter of haste. Incidentally, if you then pick it up and it still isn't fixed. Drive around the block back to the car place and park it up back there and hand them the keys back immediately. If they make a fuss, offer to take someone out in the car and show them.

Best of luck with this. I'm not sure legally what your best option is. But they have to fix the problem and not just replace bits they think it might be, of that I am certain.
 

Georginazn

Moderator
Apr 22, 2009
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I would take it back again and see what they suggest, but I would also start putting your problem in writing, as a record of what has happened. Log the goings on, just as you have here, including specific dates where you can and logging the time you have been without the car. At the moment, you could argue that the goods you purchased were not of saleable quality and demand a full refund. You could then repurchase elsewhere. For every letter you write, copy it to at least one other body, in this case the manufacturer would be ideal, and mark clearly in every letter that it has been copied. This is not only an insurance policy against those letters that just happen to slip behind radiators, but also works minor miracles sometimes.
After six months of ridiculous false starts with an insurance company, I had a cheque within four days of sending a letter copied to three different offices of the company, including one to a director.
No matter how pleasant the staff are, you are entitled to a perfect product - you need to insist on it.
 

Savage

New Member
May 3, 2009
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Well it looks like I have a fight on my hands :(
Still unable to resolve the problem, and being told "thats how it is" I refused to accept this and contacted the manufacturers customer service dept.
They said that the garage will contact the head technicians, and get them out for a site visit to look over my car.
That was 3 weeks ago and still no date for the head techs has been given despite 2 prompting calls from me.
I feel its been too long unresolved, and I think its time I stepped up the action, what is the best action I can take now ?
 

arthurpaul

New Member
Sep 16, 2009
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Hi Savage,

I too am experiencing a same problem in that i have been told the issues with my car are just the way it is. I have started to write a formal letter to the dealership telling them i am rejecting the car under the sales of goods act and have asked for a full refund after speaking to Consumer Direct.

Just wanted to know how you were getting on with your issue and if you have taken any similar steps as I have?
 

Savage

New Member
May 3, 2009
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I pursued it back to the finance company, still no luck.
They say its how it is, not a fault and wont do anything.
Without resorting to expensive legal action (not an option finacially with a new baby on the way) There is not a lot more I can do :(
This time they win, but they won't ever get my custom again for sure.
 

arthurpaul

New Member
Sep 16, 2009
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Hi Savage,

Sorry to hear that. I had hoped for your sake and mine that you would have had better joy!

Hmm that was going to be my option if I dont get any joy with the dealership...going through the finance company that is. Was yours on HP or PCP if you dont mind me asking? Just that the person from Consumer Direct checked serveral times with me to make sure that I used PCP Finance and not HP Finance.

The line i got which made me laugh is that the squeaky clutch is a characteristic of the car as they all do it. They even likened it to the noise the locking system makes when u unlock and lock the car with the key. I am also hoping that due to the fact they have release technical bulletins to fix the clutch noise they cant say that its meant to happen as they are trying to fix it themselves and recognise it as an issue.
 

Savage

New Member
May 3, 2009
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Well, I havent given up, I still am pursuing the matter ;)
Mine was on an HP agreement, what difference does that make, or didn't the consumer direct people enlighten you ?
TBH I have half a mind to withold payments until the matter is resolved to my satisfaction !
Good luck with your issue, keep us updated :)
 

arthurpaul

New Member
Sep 16, 2009
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How are you still pursuing? I presume you are not using the car at the moment?

Unfortunately he didnt say and at the time I didnt think to ask why it was important. I'm sure i will have to phone them up again once ive heard back from the dealership so will ask then and post here.

I know how you feel. I would too, but they will then take legal action for breaking the finance contract! It seems if we take legal action for their poor quality cars theres a slim chance we will win after sinking a lot of money into it. But as soon as they take action against us the consumer its pretty much a guarantueed 100% win for them!! Not really fair justice is it!
 

Savage

New Member
May 3, 2009
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Yeah still using the car, its drivable if annoyingly noisy for a new car.
Despite the allegedly consumer protection we have, seems the 2 biggest expenses in most peoples lives, cars and houses, are still a nightmare to get any actual protection.
recessionn should have lasted longer, perhaps then the car industry would have woken up and smelt the coffee !
 

arthurpaul

New Member
Sep 16, 2009
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hmm dont know where u would stand with that...ive stopped using mine on the advice of consumer direct and other people. Can be deemed as acceptance of the goods if you continue to use them. Which means you'll not be entitled to a full refund. Which is what im angling for. Left me in a difficult situation tho as i cant get to and from work. Getting insurance on someones car is impossible for commuting purposes if your not the policy holder or policy holders spouse...

yup indeed

ud think they would have woke up and smelt the coffee given what already happened. tho the dealership ive bought from seem to be doing well...theyve just bought another dealership and renovated their one. certainly wont buy from them...and just think i told my parents to buy from them....funnily enought they arent anymore....
 

Savage

New Member
May 3, 2009
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I have been pestering the finance company, and yesterday recieved a letter with a form to fill in.
Only thing is they want me to supply a repair history, presumably I can obtain that fron the dealers ?
And they also want an engineers report, how much is that likely to cost me, and where would I get in touch with a sutable engineer ?

Its stated falure to supply all they ask will result in them closing the file, and I have 21 days to reply. Considering I will have to be out of pocket for the engineer's fee, is that legally enforcable ?
 

arthurpaul

New Member
Sep 16, 2009
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Good news at least. At least its progressing a bit more.

I would have thought you could get the repair details from the dealer....

Im not sure about the engineers report...maybe phone and ask them who they suggest!?!?

Also not sure if they are entitled to ask you to do this...it may be in your t&c's!?

Did you get your finance through the dealership when you bought your car?
 

Savage

New Member
May 3, 2009
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Yes, finance was through the dealer.
I was thinking of contacting the AA or similar for an engineers report ?

Not sure its progressing .... I have a feeling they were hoping the demands would put me off !
 

arthurpaul

New Member
Sep 16, 2009
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I havent got this far yet so dont really know...but would have thought the AA/RAC should be fine. But i would ring the finance company first to check they are happy with using them. No point arranging something and paying for it for them to just say they are not acceptable.

At least you have got a letter from them. I'm still waiting to hear from the dealer...