Trying to Reject Brand New Car under not of satisfactory quality! Help

I bought a brand new honda civic type r back in June 2009. In July there were rattles in the dash and the clutch pedal started to squeak.

The car has been in the dealership 3 times to fix since then with much to'ing and fro'ing but ive finally lost patience with it all and want to reject the car under the sales of goods act. They have fixed the rattles it initially had but now more have appeared after driving it today.

The clutch hasnt been fixed but the line i've got from honda uk and the dealership is that the squeaky noise in a common trait of the car and all cars of the same model as mine experience the same noise. They tried to liken it to when you press the central locking button on a key to open the car it makes a noise as the locks unlock. As all cars whatever the manufacturer do this i would agree about the central locking noise. But i have owned and driven lots of cars and ive never experience this problem with a clutch squeakying. The reason given for the squeak is the cruise control switch that deactivates if you press the clutch.

I guess firstly i would like to know if i can reject a car for a squeeky clutch and rattles and whether that would hold up in court should it get to that stage as they are not major issues but just very annoying issues? I've read a bit about the sales of goods act and seem to think that i could reject under not of satifactory quality given the age of the car and the price of the car. And maybe also loss of faith in the goods given it took the dealership 3 attempts to fix the rattles and in the end created more rattles while fixing it.

I would really appreciate some help.

Many thanks

Hi Tony,

Thank you for your quick reply and welcome.

The rattle in the roof was described by the After Sales Director as unbearable after we went out in the car together for a test drive. This was prior to their last attempt to fix the issue. This rattle has now come back. So he would have to describe it again as unbearable.

Regarding the clutch they have shown me a car that was still in its wrapping from Honda UK and that also had a squeaky clutch. However I’m sure they are going to show me a car with a squeak to prove their point. I will have to go to another dealership and test the cars that they have there. I would presume it wouldn’t matter the age of the car as long as it’s the same generation??

I did test drive a car prior to me deciding to purchase this one, obviously same model but just on an older plate (07). I did not notice any rattles or squeaky clutch on that car. There have been reports on forums where people have experienced the clutch issues as well. Some have had it fixed and not experienced a problem again, where others like me have been fobbed off by the dealership being told it’s a common trait. What also aggravates me is that I have been constantly told that the car is ready to collect and all the issues have been fixed for me to get there and find out some issues haven’t even been looked at.

I did find a link on the SOGA. Which states that I can make a claim even if the fault is minor?? Unfortunately i cant seem to post as my post count needs to be 10 or more. It seems like a trustworthy source as its from East Sussex County Councils Trading Standards?? website is wiseguys.org.uk

Again I would appreciate your or anyone else’s thoughts / advice

Hi Tony,

Again thank you for your quick reply.

I do understand it is not straightforward to reject goods let alone a car. I don’t know if I have a strong case or not. But given that the car has been in for 15days on and off for them to try and fix the issues and failed and also received a definite poor level of customer service I am hoping it is strong enough. At least everything is written down.

I spoke to Consumer Direct this morning. They advised me to send a formal letter to the dealership stating that im rejecting the car under SOGA due to unsatisfactory quality given the price of the car and loss of faith in the goods given they have not been able to repair the goods (relieved to see that my interpretation isn’t wrong) I will also call CAB and SMMT in the hope they also offer the same advise.

Tho im sure the dealership will just write back saying that they reject my rejection for the reasons already given verbally.

I think this will be a long drawn out saga! Which even tho I expected, theres always that little bit of hope that it wont be!

I really hope it doesnt come to court action. There are a few other options i can take before i go down the court action route though...i.e. finance company

In terms of replacement, I wouldn't want one as they have proven the same faults are occuring on new ones. Therefore I will just get the same unsatisfactory quality and annoyance of rattles and clutch issues as this car. I would never have bought the car had i known it had these issues with it.

What confuses me is how they (honda uk and the dealership) can say its a common trait of the car yet release technical bulletins to try to fix the noise in the clutch!?

I've ran into another issue now...

As i cant drive the car as it could deem i am accepting the car, I need to find a car to get me to and from work. My uncle has a car I can borrow that I can get insured on it but not for commuting as only the policy holder or the policy holders spouse can use the car for that reason!?!? Head brick wall brick wall head!!!

I cant add the car to my own insurance policy as its owned by my uncle and is already insured. I cant drive his car under third party on my own insurance as under the terms of my policy I can only drive other peoples cars third party in the event of an emergency and with their permission (i.e. the owner cant drive due to not feeling well etc etc) Again Head brick wall brick wall head!!!!

The only thing i can think of is he transfers ownership to me and then i can add that car to my existing policy. And then as and when this issue is resolved transfer it back. It will obviously add a lot of owners to the reg docs but as its a 8yrs rover 75 its not really worth a lot!

Anyone got any other ideas?!

Hi Tony

Unfortunately Honda's solution on their bulletins are just to "lube" the cruise control switch. I have informed the garage that other people have had it fixed and what has been done to fix it. They finally listened and put in a new clutch pedal but that didnt fix the problem. It took me 3 months to get them to do that. I really dont want to run out of time in being able to at least start the rejection process.

If the dealership can resolve all the issues I have with the car I have no problem in keeping it. But they cant seem to do that and not in a reasonable time either! They have created more rattles in the dash than were there before and can only temporarily fix the other rattles. It seems they have a knack for it to all seem ok as for the length of my initial test drive and a day later (sometimes not even that - more like an hr later) they all start to reappear again.

If I had any hair to pull out I would!! lol

Hi Tony

Thanks for the tips. Letter now done with your notes of SOGA Section 48 inserted and sent recorded delivery

One quick question...how could it be argued that i have accepted the vehicle?

I know i am making it a little difficult on myself but I am trying to rule out any argument they could come back with that i have accepted the car by driving it.