When Things Go Wrong
10-16-2003, 12:33 PM
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When Things Go Wrong
For information ....
The vast majority of cars are delivered to happy customers in perfect condition. But now and again, a dud does find its way to the consumer. The problem for the excited customer is not only how to spot the faults, but also what to do about them. MSN’s tips should help you through.
The car that never was
Before the customer ever sees his car, it’s possible that another problem could kick in – it might not turn up. What do you do if you were promised a car in three weeks and it hasn’t come after six? If your signed order form clearly states a delivery date and the supplier fails to meet it, you might be entitled to cancel the order and get your deposit back – but that depends on how the order is worded. Most car buyers are perfectly satisfied, but sometimes a problem occurs.
On the other hand, that might not be your best move – making a fresh order elsewhere might end up taking even longer. If delivery by a particular date is crucially important to you, be very clear about that when placing your order and try to put it in writing. Make it clear to the supplier they need to be realistic about delivery dates to get your business – they’ll be tempted to quote the most optimistic date when they’re trying to sell you a car. Another point to watch for is that any part exchange valuation is guaranteed still to be valid, even if there is a delay in order fulfilment.
Spotting a dud
In the excitement of picking up a new car, it’s much too easy to forget the basic checks. But remember that it will be much harder to prove that a scratch or blemish existed from new if you’ve driven the car home from the showroom.
As a general rule, never pick a car up on a rainy day (unless it’s from inside a showroom), because the water will disguise any blemishes in the paintwork. Before you leave the showroom, take a slow walk around the car, inspecting every inch of the surface. Step inside and check the upholstery and switchgear. It sounds obvious, but it’s also important to double check that all the optional extras have been added to the car and that the colour is exactly as you specified. Don’t be flustered or hurried – most people need a few minutes to take everything in. This is a brand new car and everything should be perfect. Remember though that what reasonably qualifies as ‘perfect’ for a £10,000 may be different than for a £50,000 car, especially when it comes to the cosmetics of fit and finish.
Your legal rights
The Sale and Supply of Goods Act 1994 dictates that the car must be of ‘satisfactory quality’ and that it must be sold ‘as described.’ This sounds ambiguous but for a new car it means that it should be in perfect condition and meet the exact specification described on the order form. If any defects are found, then you legally entitled to reject the car and secure a full refund.
There are no hard and fast rules as to when a car has been ‘accepted,’ which means in legal terms that you can no longer reject it. Ian Murray, a legal expert for the AA, explains that a maximum of ‘30 days is used as a general rule of thumb. Rejecting a car after this time span could prove difficult.’ Some extra consumer protection was recently introduced when the European Directive on the Sale of Consumer Goods and Associated Guarantees was implemented on January 1st.
Under the old rules, if a fault occurred within the first six months of ownership, the onus was on the customer to prove that it had been there from new. Now, the dealer must prove that it wasn’t. The EU directive also provides some additional rights after the first six months of ownership has passed, although these defects would also normally be covered under the manufacturer’s warranty.
Returning or repair?
If you’re unhappy with the purchase, the dealer should be the first port of call. And if you intend to reject the car, hand the keys back and write a letter explaining the reasons for your decision and requesting a refund within seven days. This could later be used as evidence – send it by recorded delivery so that you can prove that the dealer received it. If you’re discussing the problem in person, take a friend along to act as an independent witness.
The dealer should now refund the money, suggest an exchange or offer to fix the problem. Whether you accept the latter solution is a matter of personal judgement – if you’ve waited six months for the car and the fix is quick and effective, then it might make more sense than waiting six more months for a replacement. But always be aware that any serious repair work might affect the car’s future resale value.
If you’ve bought the car on a finance deal, the situation is a little different. The car is legally owned by the finance company and your contract is with them, not the dealer. Explain that you’re not prepared to accept the car and they should intervene on your behalf.
What if the dealer refuses to accept the rejection
It’s the worst-case scenario – the dealer has refused to accept your rejection of the car and you’re wondering what to do next. Rather than rushing straight to the nearest solicitor’s, it’s well worth speaking directly to the manufacturer. The number of the customer helpline will be found in the handbook. They may be willing to negotiate a solution to the problem.
If this tactic fails, try contacting the Society of Motor Manufacturers and Traders. The SMMT has no formal legal power but it is prepared to act as an arbiter in a dispute. A spokesman for the Society says, "We’re the last line of defence before legal action." The Retail Motor Industry Federation (of which the dealer is likely to be a member) also offers a similar service.
The final solution, if all else fails, is to take legal advice. Both the RAC and the AA offer legal helplines for their members - a useful source of advice. Your motor insurer may have a similar service. But you will still need to approach a solicitor to act on your behalf if the matter goes to court. It can be an expensive process, but your costs will be covered if you’re successful and there may even be some compensation for your trouble.
Alistair Weaver
http://cars.msn.co.uk/buyersguide/wh...ng/Default.asp
The vast majority of cars are delivered to happy customers in perfect condition. But now and again, a dud does find its way to the consumer. The problem for the excited customer is not only how to spot the faults, but also what to do about them. MSN’s tips should help you through.
The car that never was
Before the customer ever sees his car, it’s possible that another problem could kick in – it might not turn up. What do you do if you were promised a car in three weeks and it hasn’t come after six? If your signed order form clearly states a delivery date and the supplier fails to meet it, you might be entitled to cancel the order and get your deposit back – but that depends on how the order is worded. Most car buyers are perfectly satisfied, but sometimes a problem occurs.
On the other hand, that might not be your best move – making a fresh order elsewhere might end up taking even longer. If delivery by a particular date is crucially important to you, be very clear about that when placing your order and try to put it in writing. Make it clear to the supplier they need to be realistic about delivery dates to get your business – they’ll be tempted to quote the most optimistic date when they’re trying to sell you a car. Another point to watch for is that any part exchange valuation is guaranteed still to be valid, even if there is a delay in order fulfilment.
Spotting a dud
In the excitement of picking up a new car, it’s much too easy to forget the basic checks. But remember that it will be much harder to prove that a scratch or blemish existed from new if you’ve driven the car home from the showroom.
As a general rule, never pick a car up on a rainy day (unless it’s from inside a showroom), because the water will disguise any blemishes in the paintwork. Before you leave the showroom, take a slow walk around the car, inspecting every inch of the surface. Step inside and check the upholstery and switchgear. It sounds obvious, but it’s also important to double check that all the optional extras have been added to the car and that the colour is exactly as you specified. Don’t be flustered or hurried – most people need a few minutes to take everything in. This is a brand new car and everything should be perfect. Remember though that what reasonably qualifies as ‘perfect’ for a £10,000 may be different than for a £50,000 car, especially when it comes to the cosmetics of fit and finish.
Your legal rights
The Sale and Supply of Goods Act 1994 dictates that the car must be of ‘satisfactory quality’ and that it must be sold ‘as described.’ This sounds ambiguous but for a new car it means that it should be in perfect condition and meet the exact specification described on the order form. If any defects are found, then you legally entitled to reject the car and secure a full refund.
There are no hard and fast rules as to when a car has been ‘accepted,’ which means in legal terms that you can no longer reject it. Ian Murray, a legal expert for the AA, explains that a maximum of ‘30 days is used as a general rule of thumb. Rejecting a car after this time span could prove difficult.’ Some extra consumer protection was recently introduced when the European Directive on the Sale of Consumer Goods and Associated Guarantees was implemented on January 1st.
Under the old rules, if a fault occurred within the first six months of ownership, the onus was on the customer to prove that it had been there from new. Now, the dealer must prove that it wasn’t. The EU directive also provides some additional rights after the first six months of ownership has passed, although these defects would also normally be covered under the manufacturer’s warranty.
Returning or repair?
If you’re unhappy with the purchase, the dealer should be the first port of call. And if you intend to reject the car, hand the keys back and write a letter explaining the reasons for your decision and requesting a refund within seven days. This could later be used as evidence – send it by recorded delivery so that you can prove that the dealer received it. If you’re discussing the problem in person, take a friend along to act as an independent witness.
The dealer should now refund the money, suggest an exchange or offer to fix the problem. Whether you accept the latter solution is a matter of personal judgement – if you’ve waited six months for the car and the fix is quick and effective, then it might make more sense than waiting six more months for a replacement. But always be aware that any serious repair work might affect the car’s future resale value.
If you’ve bought the car on a finance deal, the situation is a little different. The car is legally owned by the finance company and your contract is with them, not the dealer. Explain that you’re not prepared to accept the car and they should intervene on your behalf.
What if the dealer refuses to accept the rejection
It’s the worst-case scenario – the dealer has refused to accept your rejection of the car and you’re wondering what to do next. Rather than rushing straight to the nearest solicitor’s, it’s well worth speaking directly to the manufacturer. The number of the customer helpline will be found in the handbook. They may be willing to negotiate a solution to the problem.
If this tactic fails, try contacting the Society of Motor Manufacturers and Traders. The SMMT has no formal legal power but it is prepared to act as an arbiter in a dispute. A spokesman for the Society says, "We’re the last line of defence before legal action." The Retail Motor Industry Federation (of which the dealer is likely to be a member) also offers a similar service.
The final solution, if all else fails, is to take legal advice. Both the RAC and the AA offer legal helplines for their members - a useful source of advice. Your motor insurer may have a similar service. But you will still need to approach a solicitor to act on your behalf if the matter goes to court. It can be an expensive process, but your costs will be covered if you’re successful and there may even be some compensation for your trouble.
Alistair Weaver
http://cars.msn.co.uk/buyersguide/wh...ng/Default.asp
10-17-2003, 02:07 AM
#2
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Good advice.
It is well worth everyone remembering in all the anticipation and excitement, that it is important that you spend some time checking your new car over and making sure that there are no dents/scratches/blemishes/defects on any part of the car.
Also worth checking that everything on the PDI has been completed and I assume they will give you the paperwork to back this up.
Once you've driven off the forecourt, if you find a problem you may get into a discussion as to whether you did it or it was there from the start.
Im sure great care is taken with these cars, but remember they have travelled half way round the world.
Cheers
Mark
It is well worth everyone remembering in all the anticipation and excitement, that it is important that you spend some time checking your new car over and making sure that there are no dents/scratches/blemishes/defects on any part of the car.
Also worth checking that everything on the PDI has been completed and I assume they will give you the paperwork to back this up.
Once you've driven off the forecourt, if you find a problem you may get into a discussion as to whether you did it or it was there from the start.
Im sure great care is taken with these cars, but remember they have travelled half way round the world.
Cheers
Mark
10-17-2003, 02:26 AM
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I was assured absolutely no quality issues when I picked up my Wifes' Yaris three years ago, but there was a deep scratch on both the bonnet and rear door. The saleswomen still could'nt see them and pleaded ignorance. I walked away, wife in tow. Result, take the car, replace bonnet and a £££ sweetner.
Mark's right. In all the excitement, we all have been waiting sooooooooo long, we just want to get in and drive.
AnilS.
Mark's right. In all the excitement, we all have been waiting sooooooooo long, we just want to get in and drive.
AnilS.
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