Can I Sue Hyundai UK as they back the 5 year new car warranty??
Brent Sandiford
bought a new car from Hyundai Lincoln back in Sep 09. The car came
with a manufacturer backed 5 year warranty! Between Sep 09 and Jun 10
my car had been back to Lincoln Hyundai 7 times for radio and clutch
faults. This included replacing the clutch and the radio 3 times. At
this point I asked Lincoln Hyundai for compensation for 3 journeys, as
the roundtrip mileage was 55 miles. They refused but passed the
matter onto Hyundai UK, who payed for a tank of petrol (£27) as a
"Goodwill Gesture", which I accepted.
On getting my cars annual service(Sep 10), undertaken at Spalding
Hyundai, I noticed another fault with the radio and also another
clutch fault. Spalding Hyundai replaced both under warranty. Again
on driving home from the radio replacement at Spalding I noticed
another fault on the radio and had to take my car back to Spalding
Hyundai to get a 6th radio fitted!!
By Nov 10 my car had a gearbox oil leak and had to go back twice for a
gearbox repair by Lincoln Hyundai, again under warranty! At this
point I had done a total of 583 miles getting faults rectified or 1 in
every 10 miles my car had done.
At the end of Nov 10, my radio had developed another fault, the 7th!!
It was at this point I informed Hyundai UK that I wanted them to
organise a thorough investigation of the car, number of radio faults
as I wasnt prepared to continue paying out to get them repaired. I
informed them that I was going to charge them for every letter I send
them, every phone call and every mile my car has to undertake to get
the radio fault fixed for the final time. It took 5 letters, 6 phone
calls and 2 journeys to the garrage arranged by Hyundai UK. The total
I billed Hyundai UK was £117. They refused but offered another tank
of petrol as a "Goodwill Gesture".
My point is; yes my claim is against the supplying dealer, but the
warranty is manufacturer backed and every warranty job has to be
authorised by Hyundai UK. As Hyundai Uk accepted liability to fix the
final radio fault, surely they make themselves liable for the
Concequential Loss claim? Also, the final fault occured after the 12
month point so Hyundai Lincoln could argue its not down to them!
I am thinking of taking Hyundai UK to the small claims court for the
£117 as it will only cost me £25 to do so and I believe I have a
case!
Do I and is it worth it???????
Steve Walker
> Hi, I have a problem that is confusing me and seek some guidance! I
> bought a new car from Hyundai Lincoln back in Sep 09.
Please can posters remember that we are dealing with an identified third
party here, so comments about their business practices, parentage or moral
turpitude cannot be accepted.
Adrian
much like they were saying:
> Hi, I have a problem that is confusing me and seek some guidance! I
> bought a new car from Hyundai Lincoln back in Sep 09.
<snip long list of faults and failed repair attempts>
> Do I and is it worth it???????
Wouldn't it just be easier to reject the car?
tim....
"Adrian" <tooma...@gmail.com> wrote in message
news:8spnkq...@mid.individual.net...
----------------------------------------------------------
He'd still be out his 119 pounds.
tim
Martin Bonner
> Brent Sandiford <sadssandif...@googlemail.com> gurgled happily, sounding
No. The time you have to reject a car is not specified by statute,
but case law shows it is quite short. 16 months ago is /far/ too long
(some people - not me - would be starting to think about a new car at
16 months)
Stuart A. Bronstein
> "Adrian" <tooma...@gmail.com> wrote
> Brent Sandiford <sadssa...@googlemail.com>:
>
>> Hi, I have a problem that is confusing me and seek some
>> guidance! I bought a new car from Hyundai Lincoln back in Sep
>> 09.
> <snip long list of faults and failed repair attempts>
>
>> Do I and is it worth it???????
>
> Wouldn't it just be easier to reject the car?
>
> ----------------------------------------------------------
>
> He'd still be out his 119 pounds.
But then he's had the use of the car for 17 months - shouldn't he be
responsible for paying some compensaiton for that?
David Hearn
> Hi, I have a problem that is confusing me and seek some guidance! I
> bought a new car from Hyundai Lincoln back in Sep 09. The car came
> with a manufacturer backed 5 year warranty! Between Sep 09 and Jun 10
> my car had been back to Lincoln Hyundai 7 times for radio and clutch
> faults. This included replacing the clutch and the radio 3 times. At
> this point I asked Lincoln Hyundai for compensation for 3 journeys, as
> the roundtrip mileage was 55 miles. They refused but passed the
> matter onto Hyundai UK, who payed for a tank of petrol (£27) as a
> "Goodwill Gesture", which I accepted.
I don't ever remember a tank of petrol costing £27, even my first VW
Polo was in the order of £40 a tank over a decade ago.
> On getting my cars annual service(Sep 10), undertaken at Spalding
> Hyundai, I noticed another fault with the radio and also another
> clutch fault. Spalding Hyundai replaced both under warranty. Again
> on driving home from the radio replacement at Spalding I noticed
> another fault on the radio and had to take my car back to Spalding
> Hyundai to get a 6th radio fitted!!
> By Nov 10 my car had a gearbox oil leak and had to go back twice for a
> gearbox repair by Lincoln Hyundai, again under warranty! At this
> point I had done a total of 583 miles getting faults rectified or 1 in
> every 10 miles my car had done.
> At the end of Nov 10, my radio had developed another fault, the 7th!!
> It was at this point I informed Hyundai UK that I wanted them to
> organise a thorough investigation of the car, number of radio faults
> as I wasnt prepared to continue paying out to get them repaired.
By paying out to get them repaired, I presume you mean for petrol, as I
understood all the repairs had been done under warranty.
> I
> informed them that I was going to charge them for every letter I send
> them, every phone call and every mile my car has to undertake to get
> the radio fault fixed for the final time. It took 5 letters, 6 phone
> calls and 2 journeys to the garrage arranged by Hyundai UK. The total
> I billed Hyundai UK was £117. They refused but offered another tank
> of petrol as a "Goodwill Gesture".
> My point is; yes my claim is against the supplying dealer, but the
> warranty is manufacturer backed and every warranty job has to be
> authorised by Hyundai UK. As Hyundai Uk accepted liability to fix the
> final radio fault, surely they make themselves liable for the
> Concequential Loss claim?
Why does Hyundai accepting liability to repair a fault, also make
themselves liable for consequential losses? Most warranties don't cover
consequential loss.
> Also, the final fault occured after the 12
> month point so Hyundai Lincoln could argue its not down to them!
You said you had a 5 year warranty - where does the 12 months come into
it? Do you mean that it's a 12 month dealer warranty, followed by 4
year manufacturer warranty? Typically, if they are split, it's the
other way around - with the first X years being manufacturer backed, and
any additional 'top up' years, being dealer backed (and therefore
allowable for servicing to be restricted to dealer only for warranty to
be valid).
However, I'd recall hearing that Hyundai's 5 year warranty is totally
manufacturer backed.
> I am thinking of taking Hyundai UK to the small claims court for the
> £117 as it will only cost me £25 to do so and I believe I have a
> case!
> Do I and is it worth it???????
D
zaax
Also does not the SoGA apply in being goods have to be of merchantable
quality? A normal car would not have there problems.
My the CD deck on my new Hi-fi broke down after six months and they fixed
it, and 2 month later it went again, they fixed. When it went again two
months later I asked for mony money back, and with a small amount of
argument and saying; Goods not of merchantable quality.
You have to stick to your guns a little bit & court if needs be.
Check on your house / car / Union insurance to see if you have legal cover
also AA / RAC will help.
--
zaax
Willie
wrote:
> Hi, I have a problem that is confusing me and seek some guidance! I
> bought a new car from Hyundai Lincoln back in Sep 09.
How was the car paid for? Is it under a finance agreement, if so what
type of finance is it?
> My point is; yes my claim is against the supplying dealer, but the
> warranty is manufacturer backed and every warranty job has to be
> authorised by Hyundai UK. As Hyundai Uk accepted liability to fix the
> final radio fault, surely they make themselves liable for the
> Concequential Loss claim?
Not under the terms of the warranty. But possibly under the Supply of
Goods and Services Act 1982 - if their representative did not use
reasonable care and skill, or supplied goods that were not of
satisfactory quality then you may have grounds for a claim against
Hyundai. This would give you access to sue for consequential
losses.
I would also argue that as the potential defective workmanship/parts
was brought to their attention within 6 months (work carried out in
Sept 2010) that the burden of proof lies with them to prove that the
goods they supplied were of satisfactory quality.
If you have finance on the vehicle you may be able to hold the finance
company liable also, possibly the dealer as well. Depends on the
finance type.
Your next step though before court action is a recorded delivery
letter to Hyundai at least outlining the issues to date. You can
always CC the letter to the dealer to keep them in the loop and let
them know you are serious about them fixing the problem.
Willie
> Also does not the SoGA apply in being goods have to be of merchantable
> quality? A normal car would not have there problems.
Yes goods should be of satisfactory quality but cars are often bought
on finance, so the SoGA is not automatically the right choice!
> Check on your house / car / Union insurance to see if you have legal cover
> also AA / RAC will help.
Consumer Direct deal with car issues like this with no charge.
Brent Sandiford
Hi All,
Thanks for input but there seems to be a mixture of replys!
All Im asking is do I have a case of claiming back my £117 as a
concequential loss under SOGA as car/repairs not of merchantable
quality??
Im sure that I read somewhere that if a product went wrong you could
claim for return for repair costs??
In your best guess, is it worth taking them to court or accepting the
full tank of petrol??
I paid cash except fot £150 which I paid on my credit card, so I get
Section 75 protection!
Can I claim the £117 against the credit card company??
I understand if the supply company went bust I could claim against my
credit card company, but how do I claim in my case??
Sads
Paul
> Stuart A. Bronstein wrote:
>
>> "tim...." <tims_n...@yahoo.co.uk> wrote:
>>> "Adrian" <tooma...@gmail.com> wrote Brent Sandiford
>>> <sadssa...@googlemail.com>:
>>>
>>>> Hi, I have a problem that is confusing me and seek some guidance! I
>>>> bought a new car from Hyundai Lincoln back in Sep 09.
>>> <snip long list of faults and failed repair attempts>
>>>
>>>> Do I and is it worth it???????
>>>
>>> Wouldn't it just be easier to reject the car?
>>>
>>> ----------------------------------------------------------
>>>
>>> He'd still be out his 119 pounds.
>>
>> But then he's had the use of the car for 17 months - shouldn't he be
>> responsible for paying some compensaiton for that?
>>
> Also does not the SoGA apply in being goods have to be of merchantable
> quality? A normal car would not have there problems.
much time is allowed on different types of goods, and one would certainly
expect a car to perform better than this for several years. With this
many warranty claims in such a short period of life of the car, I would
say the owner has a strong case for "unfit for purpose" and that the car
clearly has manufacturer faults which is evident by the same faults re-
occurring over half a dozen times each time they replaced the parts.
How you would bring a claim though or settle this I have no idea. Ideally
you would want a complete car replacement, a different model? Maybe you
could try some part-exchange agreement with them for a similar age car
without the problems and transfer any remaining warranty?
If you go for compensation, it might make it difficult if you end up
stuck with the car and ongoing problems still? Even if they still have
obligations under the warranty you would still face the hassle and costs
of returning the car for repairs etc.