Dealer ruined my NEW car - ffvrs
I'm in an odd situation at the moment. I bought a new Golf a little over a month ago. I flagged a bodywork defect to them the day after I bought it. They have attempted to repair a bodywork defect on several occations by means of so called 'adjustment', each time not successful. The only reason I have allowed the continual efforts to fix is on the proviso that no re-spraying happens. I backed this up previous to their efforts with a letter I sent to them saying, fix it, but no respraying. Everytime they said no respraying would be done.

I get the car back a couple of days ago and they have resprayed a large proportion of the car in order to repair the fault. NOT HAPPY. Initially they said that the repair is satisfactory and deny that respraying had been done. Shortly after I find out from another source that it was sprayed because of damage to it whilst at a bodyshop. (which I know is a lie)

A new car with just a smige over 1000miles on the clock and new it has been resprayed????

Where do I stand, I really don't want a car that is barely over a month old which has been repainted against my will. Especially sine I could spot the repair myself.....
Dealer ruined my NEW car - ajsdoc
Formally reject the car in writing as soon as possible. You've given them chance to rectify - they haven't. The goods were not as described (this is admitted by them attempting to repair). The longer you leave it the harder it will get.

Dealer ruined my NEW car - ffvrs
I've already said I wanted to reject (verbally) and the dealer principle told me, you can't, it's repaired now, satifactorily and 'under the warranty'. I thought warranty was to fix something that goes faulty after purchase, not something that was faulty from the date of manufactuer.
Dealer ruined my NEW car - Altea Ego
I thought warranty was to fix something that goes faulty after purchase, not something that was faulty from the date of manufactuer.

Not true the warranty is there to do both.
------------------------------
TourVanMan TM < Ex RF >
Dealer ruined my NEW car - AndyTDi130
Interestingly, PG's new Golf was not satisfactory either....

When we cleaned it for the first time, we discovered a flat patch by the rear number plate, seemingly void of any lacquer, and we also found blotches all over the paint.

Said dealer claimed an "accident in the factory" that had been patched up badly was responsible for the flat patch, and the blotches were "industrial fallout".

It was sorted eventually, but wasn't the kind of service expected from a VW dealer....

...and here's me thinking on a Passat - might have talked myself out of it now!

Agree with the other guys here - formal rejection of the car sounds like the only way to go, and maybe a call in to VW's Milton Keynes HQ?

Best of luck with it anyways...
Dealer ruined my NEW car - ajsdoc
Any problems see if your home insurance includes legal cover - many do and could be very useful for this type of thing. I imagine a well worded letter stating your protections under consumer law would do the trick. I can't believe an attemp to repair which has failed removes your right to reject. You seem to have behaved very reasonably.
Dealer ruined my NEW car - AndyTDi130
Incidently, might be worth looking up the "Sale of Goods Act" (1977 I think?)

I used to work in retail, and since in distribution, and have come across it a few times. It says something to the tune of "being fit for the pupose for which it was sold" - ie if it was faulty at purchase it can be rejected.

I think it also states something about the dealer being entitled to repair to an as new standard. If you both agree it was to standard, you're deeemed to have accepted a repair, and can no longer reject it.
If you have never agreed the repair was satisfactory, then the "product" was not fit for purpose.

I'm no lawyer, and I'd suggest you do a bit of digging on google about this, but you might find it useful.

:-)
Dealer ruined my NEW car - Stuartli
>>Incidently, might be worth looking up the "Sale of Goods Act" (1977 I think?)>>

Unfortunately the car industry is a law unto itself and the Sales of Goods Act and similar legislation just don't seem to apply in the same way as for ordinary, everyday purchases.

The simple reasoning is that you can still use the car as you would if it was in perfect condition, it's the painwork that's not quite right and that is regarded as a warranty issue.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
Dealer ruined my NEW car - Stuartli
PS

It's also one more very good reason for thorughly examining any new car from top to bottom and sideways and rejecting it, if necessary, before you even agree to take delivery.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
Dealer ruined my NEW car - R75
and there was me thinking a warranty is in addition to your statuatory rights, not instead of!!!
Dealer ruined my NEW car - AndyTDi130
Maybe worth cutting out the dealer then? Is it worth talking to VW direct, or getting a second opinion from another VW garage?
Would have thought a call to local trading standards might turn up a few options...
Dealer ruined my NEW car - Avant
"Unfortunately the car industry is a law unto itself and the Sales of Goods Act and similar legislation just don't seem to apply in the same way as for ordinary, everyday purchases.

The simple reasoning is that you can still use the car as you would if it was in perfect condition, it's the painwork that's not quite right and that is regarded as a warranty issue."

Fitness for the purpose is one of the implied clauses in any sale of goods under the Sale of Goods Act 1979 - but there is also 'satisfactory quality' (used to be called merchantable quality which is much more memorable). This car may still be fit for the purpose, but satisfactory quality can be challenged.

'Satisfactory quality' means that the goods are in the condition that the manufacturer designed and intended them to be: certainly faulty paintwork would be covered by this, assuming the fault is serious and that a repair isn't effective.

If it had been an engine fault, repair would normally be acceptable. I assume from your post, ffvrs, that a respray is obvious and visible and that the car doesn't look like new. I could envisage a minor defect being resprayed and this being OK, but if they've resprayed a 'large proportion of the car' this is a different matter.

If the dealer won't accept this, then VW UK should - otherwise it's the small claims court.

Dealer ruined my NEW car - Brit_in_Germany
The value of a new Golf might mean that a small claims court would not be the right venue. I would suggest talking to a solicitor.

BIG
Dealer ruined my NEW car - cheddar
The value of a new Golf might mean that a small
claims court would not be the right venue. I would
suggest talking to a solicitor.
BIG


Perhaps, though the claim is not the value of the car rather the loss suffered, perhaps if the OP got £1000 back he would be happy to keep the car, perhaps if he was awarded £2000 the dealer would rather replace the car, all conjecture though at this stage.
Dealer ruined my NEW car - Dynamic Dave
A new car with just a smige over 1000miles on the clock and new it has been resprayed????


Nothing to do with your post as such, but in general you'd be surprised at how many new cars have had a respray or minor body damage repairs before being bought by a customer.
Dealer ruined my NEW car - Blue {P}
Like the line of 50 (yes, FIFTY!) brand new un-registered Peugeots at a large bodyshop near me, each and every one of them was in for a full body re-spray due to severe chemical fallout damage during transport.

They will of course all be sold as brand new, and the purchasers will never be any the wiser.

To be fair, I also handed over a few brand new cars to customers that had been resprayed (in one case I actually crashed one of them myself! :-) It's a shame that I no longer have a romantic image of a new car, I know that lots of them have been resprayed before leaving the factory, and then a fair few of these get resprayed at the supplying dealer due to transport damage.

So, whilst having a new car that has been sprayed wouldn't ruin my enjoyment of it, I would accept it. However, if I was in Dave's situation I certainly would NOT accept the current repair as it sounds well and truly below par, I would only accept if it was re-done to an "as new" standard and it was impossible to tell.

Blue
Dealer ruined my NEW car - Blue {P}
Ooops, I don't know why I thought that Dynamic Dave had started this thread, I meant to say in ffvrs's case I wouldn't accept the current repair, I wouldn't reject the car though, I would just insist they reprayed it properly.

Blue
Dealer ruined my NEW car - Stuartli
>>Nothing to do with your post as such, but in general you'd be surprised at how many new cars have had a respray or minor body damage repairs before being bought by a customer.>>

As I said, the motor trade is a law unto itself.

People hand over many thousands of pounds for a new car (probably their second most expensive purchase in a lifetime), but they don't always get what they fondly imagine for that level of financial outlay.

Although I have had associations both directly and indirectly for many years with the motor industry, to be honest I've only met a handful of those involved on the retail side, especially the big dealerships, who I would ever trust with any certainty. Too many wide boys behind the smooth charm and smiles, more interested in their own rewards at the end of the week than cusomter satisfaction once the deal has been clinched.

And yes, you can describe me as cynical...:-)


- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
Dealer ruined my NEW car - M.M
I have read here before from someone that their sole reason for buying nearly new is that you can see what you are getting before the deal is done. The rejection comes at the point of inspection before the purchase is ever considered.

Once you have ordered a new car and collection day arrives the fact that it is in your name with plates registered to you makes it a pig to resolve a serious issue.

You probably know but be aware resprayed areas can be made to look fine today.... but in a few years time edge peeling, lacquer separation, fading and colour variation may come to light.

Good luck... I hate less than perfect paint.
Dealer ruined my NEW car - T Lucas
Friend bought a new Civic Type R last year and was washing it about 4 weeks latter and noticed some iffy paint where a repair had been done.Supplying dealer informed,they investigated and a new car was delivered within 10 days that was perfect.No money changed hands,no stamping of feet etc,they just accepted that it was not right and dealt with the problem.
He was told that it was damaged and repaired in transit from Swindon to the dealership and repaired by the delivery companys repairer.
Reject the VW now,if its on finance telllthe finance co and get them involved,but above all reject it now,without delay.
Dealer ruined my NEW car - Bill Payer
Going back a few years, I remember Ford being sued when someone found their car had been repaired, and the customer lost. The Judge agreed with Ford that the car had been repaired 'as good as new'.

I gues in the OP's case, it might turn on whether the repair could be said to be 'good as new'.

One thing haven't seen mentioned already is that, if the car is on finance it's important to contact the finance company. to let them now what's going on. They may also be helpful in getting the car changed.
Dealer ruined my NEW car - madf
Legally imo the dealer has not a case..
" I backed this up previous to their efforts with a letter I sent to them saying, fix it, but no respraying. Everytime they said no respraying would be done"


They resprayed it.
Write politely asking for your money back as
1. not fit for purpose.
2. breach of instructions.



They have expressly done what they were told IN WRITING not to do...



madf
Dealer ruined my NEW car - Stuartli
>>One thing haven't seen mentioned already is that, if the car is on finance it's important to contact the finance company. to let them now what's going on. They may also be helpful in getting the car changed.>>

See the posting above yours.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
Dealer ruined my NEW car - IanJohnson
A warranty (defect repair clause) is actually known as an "exclusion clause" - i.e. it excludes certain rights under Sale of Goods & Services Act and replaces them with something normally of lesser cost to the seller.

Dealer ruined my NEW car - Harmattan
May not be relevant in this case but will strengthen your case I feel if it is. Park under one of those halogen security lamps and see if there are obvious differences in paint colour. I had a new car resprayed in parts shortly after purchase because of poor factory paintwork. It looked perfect in daylight but then I installed a security lamp and the resprayed parts went from blue to violet!
Dealer ruined my NEW car - ziggy
It looked perfect
in daylight but then I installed a security lamp and the
resprayed parts went from blue to violet!


You need to buy a UV light source and coloured filter then inspect your new car, a la CSI...


Dealer ruined my NEW car - T Lucas
Dont bother checking it yourself,pay the AA to inspect it,if you do not have the skills/confidence to reject the car yourself the AA report will have all the ammunition you require.
Dealer ruined my NEW car - nortones2
Or a specialist in paint. Our VW had to be resprayed after the repairer used wrong, incompatible paint. I wouldn't have known that was the cause of the paint peelng off, so was properly armed by the specialists report, to demand it be done properly, and it was checked again before acceptance. BTW, it was the insurer who put the business into the duff respray operator, who did a cheap job. It cost them in the end though....
Dealer ruined my NEW car - Sim-O
" I backed this up previous to their efforts with a letter I sent to them saying, fix it, but no respraying. Everytime they said no respraying would be done"

Surely, legally, the dealer is entitled to repair the damage the best way they see fit, as long as it results in a proper repair?
Dealer ruined my NEW car - ajsdoc
I doubt they can legally do anything to goods that you have paid for unless you give consent for them to do so. They certainly can't do work you've specifically forbidden.
Dealer ruined my NEW car - Sim-O
I doubt they can legally do anything to goods that you
have paid for unless you give consent for them to do
so. They certainly can't do work you've specifically forbidden.


But if painting is needed or the best way to repair the problem then that is what should be done.
A customer cannot dictate to the company how to do a repair because of h&s, and manufacturers instructions etc, after all, the customer might not know his bottom from his elbow and is giving consent for the repairer to do what needs to be done when the instruction is given to repair as new.
You'd end up with customers saying ' replace the carpet but don't remove the seats cos it takes ages to get them back to the right place'.
Dealer ruined my NEW car - steveo3002
id suggest you go with a solictors letter

if its any help , i worked at a vauxhall dealers and a customer rejected about 4 new vectras because of paint defects, he made such a fuss he was given a upgraded wheel package too

i think in his case he very persistant and phoned everyone high up he could and moaning alot
Dealer ruined my NEW car - madf
I cannot believe it!

"But if painting is needed or the best way to repair the problem then that is what should be done.
A customer cannot dictate to the company how to do a repair ......."

Maybe not.

But if he tells a dealer in WRITING not to respray and the dealer does it without consullting with the customer.. the dealer is a muppet.. acting without authority.

That is NOT the way to treat customers - wrong tho they may be.

Commonsense and curtesy says: ring them first and at least explain why....

madf
Dealer ruined my NEW car - ajsdoc
Precisely. I'd imagine doing something to goods owned by someone else which they have specifically told them not to do amounts to criminal damage to their property. Definitely need legal advice here - I imagine as soon as you instruct a solicitor this will all melt away. A good one may be able to recover his costs too!
Dealer ruined my NEW car - Simon
FFVRS, what exactly was the bodywork defect that you flagged up in the first place?
Dealer ruined my NEW car - Avant
"A warranty (defect repair clause) is actually known as an "exclusion clause" - i.e. it excludes certain rights under Sale of Goods & Services Act and replaces them with something normally of lesser cost to the seller."

True, but under the Unfair Contract Terms Act 1977 any exclusion clause is void in a sale to a consumer. Ina s ale to a business an exclusion clause can be valid if it's reasonable, provided that it isn't excluding title. Assuming that ffvrs is a private individual he shouldn't have to worry about exclusion clauses.

Dealer ruined my NEW car - ffvrs
Hello All,

Thanks for the replies so far. I will continue to reveal some more details:

The precise bodywork problem was to do with the top corner of the drivers door by the mirror where it meets the front wing - it tapered out by a few mm and looked like the panel was bent.

Four attempts it's taken them so far.

When I received the car back, the profile was fine but smelling a rat I looked closer and could see (only because I have a good eye) that the metallic fleck in the paint was different on the door and front wing when compared to the A-pillar - they resprayed the whole door and front wing!
In addition to this I could see small pits in the paint on the front wing and door. There is also small area on the bottom of corner of the door which they must have forgot to buff so it looks dull and orange peely.

The first thing I did was to call the bodyshop manager and ask "why did you respray my wing and door". I think he was suprised to say the least that I spotted this. He replied with a response something like 'we wouldn't have done that to your car, i'll have to check with the staff who did the work though'.
Later on I called the dealer principle and told him I was rejecting the car and he said 'no, you can't, I was told by the bodyshop that the repair IS satifactory - the job is complete'.
Finally I get a call off the VW case worker who tells me that they have communicated with the dealer that morning and admitted to spraying the wing, because it was damaged in the workshop. I wasn't told the latter by the dealer or the workshop Mmmm.

Sooo.. they still haven't admitted doing the door - but it's plane obvious they have...

I've sent a letter off to they to inform of the Sale of Goods Act and that I am rejecting. I have also included a statement that I am no longer using the car till the matter is sorted. (i'm using other transport for work).

The whole principle here is that they have resprayed my NEW car without my permission. If they could have told me from the begining that it wasn't repairable without a respray I would have rejected earlier but as usual they let me along assuring me it would be fixed without paintwork.

The paintwork is a good job, in fact, if it was a second hand car I'd be happy with it but my concern is about the future - if the laquer comes off in a year... I will be gutted.

"The workshop manager had a cheek to say that if the paintwork fails on the car, don't worry it's still covered under warranty!"




Dealer ruined my NEW car - hxj

I think that you have two different issues here. Firstly you have the 'defect' when you bought the car, and secondly the bodged repair.

Firsly IMHO you will have absolutely no chance whatsoever of rejecting the car and having that stand up in court. The car is mechanically sound and does as it should, how important 'looks' are will depend upon the car and the purpose. Given that it is a Golf I'd say it is not that important. The other choices are a repair or a reduction on price, difficult to say but your loss over say 3 years and 40,000 miles would probably have been £100 or something like that.

You then took the car into the garage and asked them to repair it, without respraying it. In their own wisdom they decided that it was most appropriate that it was repaired by respraying. If that is actually what was needed to effect a proper repair then I cannot see how that gives you any grounds for complaint, after all they are the experts in car repairs, or at least that is how the Judge will see it.

They bodged the respray which is different issue. Again in any court case the actual loss is relevant, maybe this time on the same basis £500. The garage either need to put matters right or compensate you for that loss.

Personally I'd threaten to sue them for £3,000 through the small claims processs, when they do nothing go to www.moneyclaimonline.gov.uk and start the process then settle for anything they offer over £1,000.





Dealer ruined my NEW car - idbarnett
I completely sympathise with this issue. I've successfully rejected a car once and it was a lot of hard work. My only advise would be speak with consumer direct (trading standards) if you haven't already done so and inform the dealer that you've done this quoting their reference number, this might make them realise you are serious (no retailer likes the thought of trading standards after them). Your spot on in not using the vehicle.

Regardless of what the dealer says from your description of the repair it is not of satifactory quality and nor was the vehicle upon delivery. Don't let them get away with it, you have rights and you're entitled to use them.

Best of luck.
Dealer ruined my NEW car - Bill Payer
Firsly IMHO you will have absolutely no chance whatsoever of rejecting
the car and having that stand up in court. The
car is mechanically sound and does as it should, how important
'looks' are will depend upon the car and the purpose.

I agree with that - if it goes to court the OP will look unreasonable, petty even.

OK it's your NEW car but you have to bear in mind that to many people it's just an item. Cars are frequently repainted before they even leave the factory, and more still on arrival in the UK. If you look hard enough you'll find paint faults (probably literally dozens of them) in any new car.
Dealer ruined my NEW car - Altea Ego
Bodged repair?

I quote

"The paintwork is a good job"

The repair is not bodged, its clearly of satisfactory quality if even the aggrieved customer thinks so so lets be fair here.
The question is about wether a new car should have body defects repaired post sale and if they should be sprayed. There is plenty of case history to show that courts do not consider this to be a barrier to satisfactory quality under your statutary rights. IE in legal terms its not a strong enough basis to reject a car if repaired to "as new" quality

you need to rely on the good will of the dealer / maker here, you would loose this one in court. (if they chose to defend it)
------------------------------
TourVanMan TM < Ex RF >
Dealer ruined my NEW car - ffvrs
Okay all,

We have a result, well sort of.

The dealer has contacted me this morning and mentioned (a "this is between me and you comment" was made) that their hands were tied when I first flagged up the problem and that they wanted to try and fix it and see how far they could take it. They've agreed that bodywork repairs are now unacceptable on a new car and thus as a good will gesture want to provide one of the following options:

a) replacement new car within two week but comes with the £400 of extras that I would have to pay for!!!

b) replacement new car but would have to wait 3 months.

Asked them throwing in the £400 of extras as a good will gesture but they said offering their replacement car is the good will gesture!!!

I'm happy to accept a replacement but don't want the extras or the wait.... what do I do? I actually asked for a full refund in the letter.


Dealer ruined my NEW car - steveo3002
take the 3 month wait, that way you can use the original car for that 3 months and pile on the milage etc

that will save you paying for a service so soon

Dealer ruined my NEW car - cheddar
Presumably the £400 extras are on a car that is in the supply chain, the £400 will be retail price of the extras, perhaps offer to meet them half way on the extras, i.e. £200, which should cover their costs.
Dealer ruined my NEW car - nick
I'd wait 3 months if I could have use of the original car. If not, do a deal on the £400.
Dealer ruined my NEW car - bell boy
no way keep original car any longer than necessary,what if it gets scratched etc
supplying dealer being very understanding take the £400 hit on a card and you may come to enjoy the extras
Dealer ruined my NEW car - nick
That's a good point oldman, what would happen if you had a prang? I think I'd take a new one straight away on reflection. On the other hand, is the offer of a substitute an admission that they had it wrong and so could you argue for your money back? I think I'd want to go to another manufacturer or certainly another dealer.
Dealer ruined my NEW car - Pugugly {P}
Personally I'd take the immediate deal £400.00 seems resonable to pay really (you'd pay that to rent a car for a month). A lot can change in three months.
Dealer ruined my NEW car - ffvrs
The dealer principle told me (offline) that they tried to contact the manufacturer to help out after the resprray owrk but because they had re-sprayed the damage the manufacturer has thrown it back at them.

I really don't see what I should pay the extra £400. After all, they have lied to me on numerous occations and cause me no end of worry and hassle.

Persoanlly I think the dealer is cacking themselves.
Dealer ruined my NEW car - type's'
It looks like you have come to your decision ffvrs - good luck - let us know how you get on in 3 months or if they wave the £400.
Dealer ruined my NEW car - bell boy
stand back and fully appraise the situation they have cocked big time and have put all the cards on the table and offered you everything they can,remember they are on their own (no manufacturer backup and a car that has you as owner in log book that they have to sell )consider the next potential purchaser rings you up to see why you had car for 4 weeks only and what your response would be.
take the offer while its still there it could be withdrawn put the £400 on a card if you have to everybodies learnt from the experiance and mistakes have been made............its life mate...........i got screwed yesterday by a customer .........ive moved on.

sorry
Dealer ruined my NEW car - Dynamic Dave
What exactly does the £400 of extras consist of?

If it's something like an upgraded stereo and alloys, tell them to put them back into stock and supply standard ones that should come with the car in the first place.
Dealer ruined my NEW car - ffvrs
a cd changer head unit and a front armrest.

they said the extras could no be removed.

I think they want the extra money to cover their loss on the duff car e.g. cost for respray.

I said I would wait for 30days but they said no way. Take the options or not.
Dealer ruined my NEW car - Caveman
I said I would wait for 30days but they said no way. Take the options or not.


Refuse the £400 marked up car and tell them that you will gladdly wait 3 months for the replacement other car. However during that 3 month time period tell them that you want a courtesy car supplied FOC. If they dont agree with that then make them a sensible offer for the £400 marked up car, but obvviously not for the full ammount.
Dealer ruined my NEW car - Manatee
There is no such thing as a perfect new car, and if there was it wouldn't stay that way for long if it was used.

I can empathise with you as I also get irked by this sort of thing, and also that main dealers' usual idea of customer service is never telling the truth when a lie or a half-truth will do the job. Neverheless, I think you now have a real result - personally I would pay the £400 to close the issue asap and get on with my life, but if you don't want to do that then wait 3 months and get a new, and newer, car at no cost to yourself, but above all, move on - life's too short, nobody died, and you are giving yourself more grief than you are giving them.
Dealer ruined my NEW car - Manatee
p.s. - I know you can think of 100 reasons to remain dissatisfied, but the above thoughts are well meant, and I don't mean to give offence.
Dealer ruined my NEW car - Pugugly {P}
agreed
Dealer ruined my NEW car - Altea Ego
Absolutley - you have a result,
------------------------------
TourVanMan TM < Ex RF >
Dealer ruined my NEW car - ajsdoc
Let me understand this - the OP buys a brand new car which is substandard (admitted by the seller.) The garage do a substandard respray job (against his express wishes).

They now offer him an exchange but expect him to pay £400 for extras that he doesn't want.

How is this a good deal? The seller is at fault here - not the OP. I wouldn't settle for this outcome, why be financially penalised for something that is not your fault? That said I'm more pigheaded than most - I'd spend the £400 on a solicitor - it would be a matter of principle to me that I should not be out of pocket for buying brand new goods which were substandard.

The OP is not at fault!
Dealer ruined my NEW car - Altea Ego
where is the sub standard respray job?
------------------------------
TourVanMan TM < Ex RF >
Dealer ruined my NEW car - Pugugly {P}
I'm only suggesting how I would deal with it - a personal view.
Dealer ruined my NEW car - ajsdoc
Me too - sorry if above reply sounded abrasive. It just seems very unfair to buy brand new goods which any reasonable person would feel falls below a reasonable standard. To then be expected to pay to "put things right" seems wrong.

I have a conflict of interest in that I bought a 2 year old car advertised with "full service history" from a main dealer, when I got home I found that service records indicated that services had been missed. I posted on here I think and got various views - some saying I should have not assumed the advert was correct and checked the service history myself.

In the end I took legal advice (free thanks to home insurance) which concluded I could reject the car (there were varying views on here, I think). I'm now very glad I stuck to my guns and rejected the car and got full refund - I now have a car that I'm happy with, I'd always have been suspect about the original (something I suspect applies to the OP). I just think that the law must be on the side of the OP here and if it is he should stick to his guns and reject the car. The peace of mind later will likely be worth it.



Dealer ruined my NEW car - cheddar
£400 will be retail price of the extras, perhaps offer to meet them half way on the extras, i.e. £200, which should cover their costs.
Dealer ruined my NEW car - nortones2
As posted above: unless the extras are useless, I'd take the offer. But this time I'm sure OP will check over the car before accepting it:)
Dealer ruined my NEW car - ffvrs
Thanks 'ajsdoc' I like your atitute.

The dealer thinks their good will gesture is by the fact they are offering to replace my car but hey, come one, they have messed me around so much to date. The least they could do is absorb the £400 and give it to me for that. After all, they are the ones making the BIG mistake by going against my wishes - they knew perfectly well what they were doing - they thought I would not notice the repair.

I've already told them the optional extras aren't worth anything to me thus I would have bought them first time round.

They said my other option is to wait 3 months and they'll give me some base level Polo to run around in till mine arrives. Three long months... that's like next year before I see a new car and they are still gaining interest on my money during this time.

I also didn't like the way of being pushed to spend the extra £400 and that I needed to choose soon or the car may be unavailable.

I gave them the option of 30days to get another car but they said they can't get one, there are no more of my spec in the country so it's a factory order.

I'm going with my gut feeling again and will push the rejection for full refund.

When I first bought this car I pushed myself the extra £400 just because they said they were a local dealer and that they would give me the better customer service than that from an internet company. So far I beg to differ.
Dealer ruined my NEW car - Pugugly {P}
Can't they find another one another dealer ?
Dealer ruined my NEW car - colino
"Three long months... that's like next year before I see a new car "
Thats right, your replacement car, with a full warranty, will be a 2007, more valuable than your current 06 model. TAKE IT!
Dealer ruined my NEW car - Blue {P}
I personally think that you're shooting yourself in the foot by not accepting their offer, I don't think you have any legal grounds to reject the car and if they decide to contest your rejection you might be stuck with the car that you don't want.

When I worked at Ford only one customer ever successfully rejected a car after we were totally unable to get the paintwork to look right on it, the only solution would be a full body respray which we weren't prepared to do so we stuck them in another Mondeo and sold their's as a nearly new model. As the car was clearly at fault we didn't dispute the rejection. In your case you would struggle to show that the car wasn't as good as new (bear in mind that "new" does not mean the car hasn't been resprayed at the factory or dealer, simply that it is unregistered and, hopefully, unused for test drives etc.)

My personal opinion would be to just accept either one of their offers and move on from it or it will eat you up inside and you will not be happy with your car until you get rid of it.

Blue
Dealer ruined my NEW car - ffvrs
Yes, the key thing to remember here is that the car was painted to repair a fault that shouldn't have been there at manufacture - not to repair a bodywork paint defect.

I'm disputing the fact that they have painted the car against my will. I sent them a letter with the agreement that this would not be done. They didn't reply and thus we take this as their agreement. They continued to re-spray regardless.

The car with £400 of options, yes, a nice offer but I shouldn't have to pay extra for it.

3 months wait, I didn't have to wait this long for my car initially when I ordered it. They told me at the moment of sale that a chap in their department could source any car, at any spec, within a short period. It's just too long to wait, and for them to give me some poxy bottom of the range Fiesta sized car. What's wrong with a loan Golf, after all, they still have my 18k.

I wanedt them to source my car within 30days - they said they can't. These were the folk that said I could reject the vehicle and that the repair was satisfactory.....

Who's being un-reasonable? Who?s being slimy?

(I know it's poor to look so far ahead but) What happens if the replacement car arrives and it's still not of acceptable condition - I have to wait for a further 3 months for another?

I'm 80% expecting that if I decline their offers they will rescind these offers and tell me to get lost. If this is the case, as someone suggested, I?d be better to spend my £400 on a solicitor and get them to assist in this situation.
Dealer ruined my NEW car - Dynamic Dave
I warned them to source my car within 30days -


Warned, or asked politely?
Who's being un-reasonable?


You, if it actually was the former.
Dealer ruined my NEW car - Pugugly {P}
£400 on a solicitor - yes of course ! (joke) - my advice is based on what I'd do if it was me.
Dealer ruined my NEW car - ffvrs
Dave, I meant 'wanted' - I've not threatened them yet. Probably not even that harsh, 'asked' more like.

I've been quote £350 from a local solicitor.
Dealer ruined my NEW car - DavidHM
So you can spend £18,350 to get your money back (to go and buy a car with) or £18,400 and get a new car and £400 worth of extras? Bear in mind that this won't get to the Fast Track at the County Court - it's strictly Small Claims only because of the amount in dispute, so you can't force the other side to pay your legal costs.

You might well be in the right and be entitled to your money back (although not necessarily if the repair is of satisfactory quality - which is a question of fact about which any comment would be speculation if we haven't seen it) but the amount of inconvenience, lost sleep and so on that you're brining on yourself is entirely disproportionate to the size of the dispute. Alternatively you might not and the £350 might leave you back where you started, given that a solicitor's letter will put the other side's back up and they'll have a couple of weeks in which to set out their response before you can begin pursuing it.

Pick your battles. Don't go back there for servicing, ever, if you want, don't buy your next car from these people, fine, but know a pyrrhic victory when you see one.
Dealer ruined my NEW car - Pugugly {P}
agreed, why line the pocket of a Solicitor (mind you they have to eat, drink and buy nice cars :-) )
Dealer ruined my NEW car - R75
You stick to your guns ffvrs, I wish I was a car salesman and all the others telling you to accept it were my customers, how easy a life it would be - they buy an 18k car, you supply them a lemon, apologise, give it a dusting with the spray gun and they are all happy!!!!

If I had spent the amount you did on a "New" car I would be expecting it to be perfect, If I had wanted a below standard, 2nd class car then that is what I would have ordered.

Hope it works out in the end.
Dealer ruined my NEW car - ffvrs
They've buckled once, they can buckle again.

I want a new car, I'm not prepared to wait 3 months for it since my initial order only took two weeks. They won't strip out the extras seeing as they're dealer fit options, not factory options. They are so daft.
Dealer ruined my NEW car - Manatee
TU, he has been offered a new car - but he still wants to make a fight of it.
Dealer ruined my NEW car - ffvrs
of course!

because their offers aren't suitable - one, it costs me more money and the extras are pointless to me, the other means I have to drive round in a crap car for 3 months while they get interest on my 18k - they want to win both ways.

Sure I'm gladly accepting the offer of a new car but want some negotiation on the delivery times. They say they cannot find the car in a shorter period so who's problem is that? - When I bought the car new without checking on stock availability they told me they could get a car in 4 weeks!

Alternatively all they have to do is absorb the £400, put it down to experience and I'm happy.

They are seeing how far I can be pushed.
Dealer ruined my NEW car - yorkiebar
And vice versa !
Dealer ruined my NEW car - Pezzer
Why dont you ring up another dealer and ask them to quote you a lead time on your precise configuration ? Might give you some idea of whats what.
Dealer ruined my NEW car - ffvrs
a good point, I never thought of that I shall do this.
Dealer ruined my NEW car - ffvrs
you know why they are making me wait three months - the new shape comes out next year, thus my shape will be much cheaper in price - they can get a better deal on it then ;-)
Dealer ruined my NEW car - Fullchat
Why not ring another dealer to test the water and see if they can source the model you want and what would be the delivery time.
There are acres of VWs outside Grimsby. Couldnt say whether the one you wanr is there though.
--
Fullchat
Dealer ruined my NEW car - bell boy
ask someone on the urban exploration forum and they might bob in and have a look
Dealer ruined my NEW car - PoloGirl
New Golf is due 2008 actually, I think.

"I have to drive around in a crap car for three months"
Yes, but at the end of that three months you get a new car, which is newer than the one you had and has less miles on it. It should be perfect (you can't go around in life worrying about what happens if it's not perfect) and if it's not you can have it put right. Simple.

It's not like they're asking you to come out of a Porsche and into a Corsa, is it? It's a Polo for three months while you wait for a Golf, and probably not even three months (I was quoted twelve weeks and only waited nine).

I'm not being flippant with you - I used to drive a Polo and now drive a new Golf, which also had paint problems which were sorted. Life's too short to be spending this sort of effort, really it is.

Dealer ruined my NEW car - ffvrs
hi, sorry if i touched a nerve there on the Polo front ;-)

it's just principle that i'm having to wait three months after this ordeal.

I'm thinking of meeting them half way on the extras as my final gesture as those items are not what I orginally wanted for my car.
Dealer ruined my NEW car - cheddar
I'm thinking of meeting them half way on the extras as
my final gesture as those items are not what I orginally
wanted for my car.

>>

At last seeing sense !
Dealer ruined my NEW car - ffvrs
lol - only because i want a quick end to it and I'm seeming to negotiate on both options. If they decline, then I have no option but to continue to reject.
Dealer ruined my NEW car - ffvrs
oh well, recieved my replacement car today.

I inspected prior to acceptance and its not perfect but its much better than the first one I had and 'it's not been resprayed'. Seems like all Mk5 VW Golfs have inperfect door alignment. Since I actually like driving the car I'm prepared to live with it.

the extras I've paid for a nice so that was a bonus. Managed to negotiate VW down £200 so I only have to pay £200 in total (instead of £400).

happy days

Dealer ruined my NEW car - 659FBE
Next time, if you still like VAG cars, go for a Skoda or a Seat. You will get the same running gear, your expectations will be lower and you will consequently be more satisfied with your purchase. Have a good holiday with the change from what you would have paid for the VW badge front and rear. Result: a double improvement in your quality of life.

659.
Dealer ruined my NEW car - ffvrs
thanks for that but my previous car was in fact a Skoda Fabia VRS. I rejected that one as it had a major engine defect and also effect a majority of VRS's in existance. Numerous other aspects put me off concerning the build quality so I departed from ownership of it. Just goes to show, no matter how much you spend you will never get perfection :-(
Dealer ruined my NEW car - Avant
Could you tell us what this defect is on the majority of Fabia vRs's? It's the first I've heard of it.
Dealer ruined my NEW car - ffvrs
hi, the main reason for my rejection was the engine idle issues, so bad the engine was trying to jump out of the engine mounts 'as quoted by the cheif Skoda technical person' and physcially shook the car something terrible. They fixed the issue by advancing the engine timing but this introduced an accelerator pedal vibration that couldn't be fixed no matter what was tried.

The second fault which was cured was a hesitation issue which occurs when backing off and back onto the throttle - it stutters. They actually fixed my car by installing a different gasket in the EGR valve but I believe loads of folks on the a popular Skoda forum are still battling with their dealers for a fix.

My brothers friend has the same sorts of issues and is getting no where with the dealer or rather is living with it until the dealer sorts it out. Personally, I won't stand for it and prefer to stamp down and get it remediated as soon as possible.

Other defects include: seat material furring up at the edges, poor finish to the paint work on the bumper.

Big shame, as it was a nice drive.
Dealer ruined my NEW car - neil
"prefer to stamp down and get it remediated as soon as possible."

You aren't John Prescott , by any chance?

;-)
Dealer ruined my NEW car - T Lucas
Seems like me you need to buy Honda or Toyota if you are that particular about quality issues.
Dealer ruined my NEW car - Mapmaker
Or buy second hand, and then the £6k you would save - by buying one that has done 10k miles and had a good dose of 'CarNuSpray' to make it smell nice - would go a long way to making you happier.
 

Ask Honest John

Value my car