New Car Non-Warrantable Work/Legal Standing

[kaktus]

Gents

Curious as to how you might approach this particular issue:

• Buy a new car in May
• Car is delivered in June
• Car has obvious paint defects (1 door handle different colour to the rest of the car, some scratches, some paint bubbling). Paint defects couldn't be seen until the following day due to heavy rain
• Car has some mechanical and electrical faults days after receiving it - suspension noises, AC noises, cabin rattling, speaker problems etc
• All problems reported to the dealer shortly after (within 2 or 3 days)
• Dealer responds with no problem and take it to any dealership for the work to be carried out under warranty
• Take it to local dealership which agree to rectify the mechanical and electrical issues (been in the workshop for two weeks already ) but refuse to do work on the paint claiming it's sellers responsibility
• Selling dealership asking for estimates now for the paint remediation and giving the runaround about who's responsible
• Manufacturer customer care absolving themselves of this entirely claiming its an issue to be dealt with between the customer and selling dealership directly

I bought the car through carwow and so didn't see it before hand. Selling dealership seems to have taken responsibility initially but now are trying to blackout once they've realised it may involve some expensive costs to get the paint work rectified and neither the dealerships nor the Manufacturer want to take ownership.

It seems to me that if the selling dealership don't authorise my local dealership to undertake the paint repair at their cost, I will have no choice but to appoint a solicitor to have the car returned to the selling dealership under Sale of Faulty Goods - consumer Act 2015 and get a full refund. Am i in my rights to do this? According to Citizens Advice I am but can't really rely on that.

This is obviously the very short version of the story - it's been a lot more stressful with regular calls and emails back and forth to try to deal with this.

p.s. Manufacturer is Citroen

 

[Will]

Paintwork should be a warranty issue at this stage in a 'new' cars life, any dealer should be able to claim back costs from the manufacturer, I'd be writing to dealer principals (letters send recorded delivery) explaining clearly what you want (a warrantied fix to the paint), or legal recourse will follow.

Out of interest, how did you pay for the car?

 

[jigger]

You'd think the dealer would have inspected the car at the point it was delivered from Citroen. To me it's the dealer thats at fault.

 

[Steeps]

Is any part of the car currently under a finance arrangement? If so call the finance company and explain that Citroen are giving you the runaround and if it isn't resolved (and they have a financial interest in the car being in top condition should you fail to pay off your agreement and they have to take the car back) that you are planning to return the car. Finance can help fight your case as they won't want the car back until you've paid off everything before the balloon payment if on PCP.

 

[MissChief]

You'd think the dealer would have inspected the car at the point it was delivered from Citroen. To me it's the dealer thats at fault.

When you're routinely pushing through 20 cars or more a week as a big dealer will when it's busy, how thorough do you think the PDI is? And if it was raining then it's likely even quicker.

Definitely, 100% a warranty issue. As above recorded delivery letter stating you want the paint issues repaired or resolved. I can't believe they're trying this on.

 

[Jono8]

Very surprised Citroen head office/customer care aren't solving this for you. I am sure manufacturing paint defects would be covered by Citroen themselves. I mean what excuse do Citroen have for providing you with a brand new car with paint defects? I am pretty sure legally they are obliged to put it right, and after all they are the ones that give the dealers the cars. This isn't really the dealers fault.

Obviously they are not as good as Renault. Had a few minor things that needed looking at on a used approved year old Megane I bought recently, all of which weren't strictly under warranty but Renault customer care offered to pay the local dealerships I took the car to put them right even though they didn't have to. Have been impressed so far.

I would try and get a manager at Citroen customer care to look into this for you properly.

 

[kaktus]

no finance on the car - purchased outright

I have already been in touch with the principle of the local dealership - Citroen North London - who has flat out said we won't touch it because it's not our problem. You need authorisation from the Dealership you bought it from.

I thought I had this already (as I have an email where they had accepted responsibility and said to take it to any dealership for repair) but apparently this is now in question.

In terms of Sale of Goods - is Citizen's Advice right that I can return the vehicle within 6 months for a full refund minus reasonable cost of ownership during that time? I'm so furious with the way Citroen has handled this that frankly I'd rather dump the car and walk away.

 

[kaktus]

Very surprised Citroen head office/customer care aren't solving this for you. I am sure manufacturing paint defects would be covered by Citroen themselves. I mean what excuse do Citroen have for providing you with a brand new car with paint defects? I am pretty sure legally they are obliged to put it right, and after all they are the ones that give the dealers the cars. This isn't really the dealers fault.

Obviously they are not as good as Renault. Had a few minor things that needed looking at on a used approved year old Megane I bought recently, all of which weren't strictly under warranty but Renault customer care offered to pay the local dealerships I took the car to put them right even though they didn't have to. Have been impressed so far.

I would try and get a manager at Citroen customer care to look into this for you properly.

Believe me, I have a trail of emails about 2 inches thick back and forth from Citroen customer care and they're literally doing nothing and just keep saying "we're in the middle of this as this is a dealership issue". I'm like, wtf are you talking about? How is it my responsibility to put pressure or threaten legal action against one of your dealers because they supplied a car with defects which came directly from your manufacturing plant several days before.

Its like talking to a wall - they're utterly dire

 

[Jono8]

Believe me, I have a trail of emails about 2 inches thick back and forth from Citroen customer care and they're literally doing nothing and just keep saying "we're in the middle of this as this is a dealership issue". I'm like, wtf are you talking about? How is it my responsibility to put pressure or threaten legal action against one of your dealers because they supplied a car with defects which came directly from your manufacturing plant several days before.

Its like talking to a wall - they're utterly dire

Sounds bizarre. I don't see how that is workable, otherwise Citroen could just keep supplying their dealers with crap cars with awful paintwork and then get away with it and make the dealer pay.

I always thought that for manufacturing defects covered under warranty, dealers claimed from the manufacturer

 

[kaktus]

Sounds bizarre. I don't see how that is workable, otherwise Citroen could just keep supplying their dealers with crap cars with awful paintwork and then get away with it and make the dealer pay.

I always thought that for manufacturing defects covered under warranty, dealers claimed from the manufacturer

Apparently they don't class paint bumps, scratches, or things like one different coloured door handle a paint defect. I even had the moron manager from Citroen tell me "my citroen has 3 handles one colour inside the car and the passenger door handle is a different colour. It happens mate". I was speechless.

 

[Diagro]

Just reject it mate.

Simple as that really, well within your rights.

If they play hardball then solicitor can action a letter which will get the ball rolling faster

 

[Richie]

The paintwork problem would appear to be the supplying dealer's responsibility. If a vehicle is delivered with damage, the receiving dealer has a limited window to start a claim with the manufacturer and, if this is done correctly, the manufacturer will foot the bill for the rectification costs. If the dealer fails to make the claim within the timescale, the manufacturer takes no responsibility... They see it as a possibility the defect could have happened at the dealership... The only time the manufacturer will accept a claim outside this window is if it's clearly a manufacturer fault as the damage could only happen at the manufacturing stage e.g. damage under the lacquer layer.

The local dealer is quite right to refer you to the supplying dealer as its not the non-supplying dealer's responsibility.

Your issue is with the supplying dealership.

 

[johnny6]

Reject the car under the consumer rights act. Ask for a full refund or a like for like replacement (assuming this is a new car and you still what the same car) If the defects where confirmed within 30 days the dealer has not automatic right to insist on a repair. If the defects where confirmed within 30 days to 6 months they have one opportunity to fix the issues.

Also no citizen advice are technically wrong. The sales of goods act was replaced by the consumer rights act in October 2015

Edit: ask for a full refund however Citroen may deduct a reasonable amount as you have used the vehicle.