Undisclosed damage to Used Car, Dealer non-responsive |
Undisclosed damage to Used Car, Dealer non-responsive |
Tue, 2 Mar 2021 - 16:07
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#1
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Member Group: Members Posts: 344 Joined: 9 Feb 2013 From: London Member No.: 59,866 |
I recently purchased a 2017 Hyundai Ioniq online through an independent dealer that's signed up to the "AA Dealer Promise". Due to Covid restrictions, I didn't get a chance to inspect the car prior to delivery on 4th February.
Having checked the MOT history, I saw that there was at least one outstanding recall for the car, so booked it in with my local Hyundai dealer for that to be done. Unfortunately, the earliest they could fit me in was last Friday. As well as doing the recall work, the Hyundai dealer carried out a vehicle health check. This revealed that both front tyres were suffering from splitting and cracking to the point of being an MOT failure, both Daytime Running Light units were loose, damage to the front bumper, and damage to the undertray. None of this was disclosed in the original listing for the vehicle, and Hyundai quoted £167.76 to replace the tyres (which I was obliged to have done, given the potential to be stopped for having an unroadworthy vehicle) and £475 for the DRL and Undertray work. I have contacted the dealer to request a repair rather than a refund - as I've had a vehicle tracker fitted, which can't be transferred to a replacement vehicle - but have yet to receive a response and I'm conscious that I only have a few more days to reject the car and request a refund under the Consumer Rights Act. Just to throw a potential spanner in the works, the car was purchased under a PCP deal through a third party credit intermediary, though I did take out Combined GAP Insurance (through a third party for about half the price the finance company quoted!), and for the sake of completeness, the manufacturer's warranty runs until 30th March 2022. Any thoughts/assistance would be appreciated. |
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Tue, 2 Mar 2021 - 16:07
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Tue, 2 Mar 2021 - 20:39
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#2
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Member Group: Members Posts: 25 Joined: 23 May 2018 Member No.: 98,095 |
Have you tried picking up the phone and calling either them or the AA?
In my experience the "AA approved" thing means absolutely nothing of any real value. You should always have a car inspected by a trusted mechanic before buying it. |
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Tue, 2 Mar 2021 - 20:54
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#3
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
This is all the dealer promise means....
https://www.theaa.com/cars/dealer-promise -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Wed, 3 Mar 2021 - 00:21
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#4
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Member Group: Members Posts: 22 Joined: 2 May 2020 Member No.: 108,614 |
If the car is on third party PCP then sometimes your contract is with the finance company, not the supplying dealer, so you may need to contact the finance company instead.
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Wed, 3 Mar 2021 - 10:21
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#5
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Member Group: Members Posts: 898 Joined: 8 Aug 2006 Member No.: 7,035 |
Those problems suggest that it is an accident damaged vehicle. Did you do an HPI check on the vehicle when you bought it? It might be worth doing a check on https://www.vcheck.uk/ which will not only check if is is recorded, but also if it has been sold through a salvage website as unrecorded.
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Wed, 3 Mar 2021 - 10:49
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#6
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Member Group: Members Posts: 344 Joined: 9 Feb 2013 From: London Member No.: 59,866 |
Well the good news is that it hasn't previously been written off or salvaged, but it was used as a Private Hire Vehicle in London for about two years.
The bad news is that I got hold of the dealer on the phone and they're denying all knowledge of the damage, despite the video evidence from the Hyundai dealership, as they're claiming there's no proof that it was present at the time of handover. |
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Wed, 3 Mar 2021 - 11:08
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#7
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The bad news is that I got hold of the dealer on the phone and they're denying all knowledge of the damage, despite the video evidence from the Hyundai dealership, as they're claiming there's no proof that it was present at the time of handover. Well that's not a surprising response and sets out their position. Seems like only a court would be able to consider the evidence and decide what was likely - they will need formal notification of the issue and what remedy you'd expect otherwise legal action would commence, i.e. a Letter Before Claim. But as noted, given the financial arrangement, there might be other people to speak to first. -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Fri, 5 Mar 2021 - 14:20
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#8
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Member Group: Members Posts: 108 Joined: 24 May 2009 Member No.: 28,965 |
For a claim of this value, these days I tend to not mess around.
My method is simply:- Let the company try to sort it out informally, if it is clear that is going nowhere, letter before action, then straight to small claims. The process is easy, inexpensive and you may well find that court paperwork dropping through the letterbox suddenly focuses their mind. I would rather use my time to do my homework getting correct addresses and names for the court paperwork than fruitlessly going back and forward with a company and, ending up more frustrated as a result. You may also have some recourse through section 75 of the consumer credit act. It can be worth adding the credit supplier to any LBA since s75 can make them “jointly and severally liable”. The credit supplier can also put some pressure on the dealer since they are now getting grief for something the dealer can sort out informally for a few hundred quid. Edited to change summons to court paperwork* This post has been edited by 4by4: Sat, 6 Mar 2021 - 11:03 |
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Fri, 5 Mar 2021 - 21:01
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#9
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I would rather use my time to do my homework getting correct addresses and names for the court paperwork than fruitlessly going back and forward with a company and, ending up more frustrated as a result. +1, though of course it's a claim form not a summons. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sat, 6 Mar 2021 - 10:57
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#10
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Member Group: Members Posts: 108 Joined: 24 May 2009 Member No.: 28,965 |
+1, though of course it's a claim form not a summons. Depends where in the UK you are! North of the wall they will still serve a summons when using the small claims system for summary or ordinary procedures. Not sure if this is still the case for the simple procedure - I haven't had a go at that yet! Although still pretty irrelevant to the OP. Edited my post to reflect a more generic wording. This post has been edited by 4by4: Sat, 6 Mar 2021 - 11:03 |
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Tue, 6 Apr 2021 - 11:48
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#11
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Member Group: Members Posts: 344 Joined: 9 Feb 2013 From: London Member No.: 59,866 |
Having had no response from the original dealer, I booked the car in with Hyundai again today to get the work done. Before starting, they undertook a further health check which revealed the bumper had been replaced with one from another model following the apparent collision - hence the issues with the DRL attachment to said bumper - and the wiring for the DRLs bodged to suit.
The estimated cost of repair is £250 + VAT for the bumper alone, plus labour at £150 + VAT per hour (estimate of three to four hours) for the wiring. (Plus £288.60 exc. VAT for the undertray replacement). I've contacted the dealer again with this latest update, but not had a response as yet. |
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