Jaguar F-Pace Forum banner

Rejecting Advice

12K views 23 replies 9 participants last post by  Jagfpacejk 
#1 ·
Hi I am after some advice from someone who has rejected whilst on finance and its procedure.
Anyone willing to discuss via PM.
Thanks in advance
 
#2 ·
if its any use if you use the search function on the site your find many threads already about this.

member JLRnumber5 rejected two cars so maybe worth looking him up as well.
 
#3 ·
Yes I have looked, but cannot see what I need to know that's why my question was more specific.
Thanks I will try this member for help.
 
#5 ·
I have recently taken some legal advice and I was told that both the retailer and finance company are equally liable. The retailer sold you the car and the finance company owns the car. Put pressure both parties and don't let them play the blame game and point fingers at each other.

Few pointers ...

-Reject the car within 6 months formally, as within the first six months the burden is on the supplier to prove the absence of faults
-JLR Finance are not very good at responding to communication, so make sure all letter stipulate when you are expecting a response, Same applies with the rejection letter to the retailer.
-Escalation point for the finance company is the FSA, google them, use this if they don't respond
-Escalation point for the retailer is the manufacturer, I've noticed most retailers don't sign up with an ombudsman service
- Make sure you make reference to the following in your letters: http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

If you have had the car for less than 30 days you can just hand the car back now

if you have had the car for less than 6 months or rejected within 6 months your only obligation is that you give the dealer 1 opportunity to fix the issue.

This is not hard or difficult, the decisions are already made legally you are right and it's just a waiting game. (longer they wait the more miles on the car)

I am not legally trained, keep us up to date.
 
#6 ·
Hi NEUK,
Thanks for your response.
I am happy to say I no longer have the Problem car.
Picked up a new 3.0 S on the 3rd and loving it, no problems all works fine.

After contacting JLR finance the process is a set period to resolve 48 days I think, mine was partly approved and a compensation payment offered.
Before I accepted my Navigation system stopped working completely including second TFT only able to show normal speedo etc. Contacting JLR finance again this was a deemed a continuation of one of the original issues recorded in month one of ownership so a visit to a alternative dealer to report the fault not fix! was present was enough to start a second investigation and this was approved in less than 2 weeks. At this point I had owned the car for 18 months.

The Garage GS Stockport i found unwilling and blatantly did all they could to delay,obstruct my attempts to resolve my issues.
Good luck
 
#7 ·
Jaguar Newcastle have completely stopped replying to my emails, so I have emailed pendragon.

I'm on month six so may have a bit of a wait.

Just means they will get this one with more miles. its strange.
 
#8 ·
NEUK said:
-Escalation point for the finance company is the FSA, google them, use this if they don't respond
Minor point, on an otherwise excellent post. FSA has not existed for a few years now. It's the financial conduct authority (FCA) who regulates the finance company. The retailer will also be acting as the appointed representative of the finance company, so should also be authorised by the FCA.

Flub!
 
#9 ·
@JagFlubster

Helpful little bit of info in relation to the retailer being regulated by the FCA

(helpful and relevant)

Thank you!
 
#10 ·
If you are on Finance , the finance company aren't playing ball, you need to go to the Financial Ombudsman Service
Here's a link , they then get an investigator to contact you , if you or the Finance company in question disagree with the investigators findings the complaint is escalated to the Financial Ombudsman department who then makes a final descision based on evidence supplied by you, the dealer, the finance company

See here
https://financial-ombudsman.org.uk

The finance Company are well aware of this process below.

https://financial-ombudsman.org.uk/consumer/complaints.htm

Here's how one owner rejected his Discovery Sport using them , it details some of the processes in the rejection but of course for a different issue.
https://www.discosportforums.co.uk/viewtopic.php?f=8&t=9397&hilit=FOS

Another successful rejection of Discovery Sport using the Financial Ombudsman Service is here so you can see again the depth and process they go into , in most cases it does take some time. But standing firm can bring success well outside the six month timeline.
http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=184931

If you didn't use Finance you reject to the dealer as that is who your contract is with.
You use the Consumer Rights Act 2015 here
http://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

A summary can be found here
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
 
#11 ·
Update from my reject process...

I have been sent a letter from Jaguar Land Rover Newcastle. Im surprised at the dirty tactics JLR are playing trying to worm out using lies. Luckily my phone records all my call.

Recomend the ACR app to anyone on android.
 
#12 ·
Having had a long running issue with Jaguar and their dealer who shall remain nameless I was simply amazed at the dirty tricks that were used. I didn't record calls, almost all communication was email and on record, in my case there was a finance company in the middle and they proved to be honest and reasonable, although it did take nearly 6 months to get an acceptable settlement.
Most of the motor trade is institutionally dishonest and will try to lie their way out of admitting any liability, as has been mentioned on this forum the big chains of dealers are the worst, to them you are a punter to be ripped off. However we have to deal with them because they dominate the market, in many cases the are ripping the manufacturer off too, Jaguar is probably no worse than any other in the way it handles complaints.
There are a few independant dealers that do give good service but they are getting less and less, sadly this is likely to continue.
 
#13 ·
NEUK said:
Update from my reject process...

I have been sent a letter from Jaguar Land Rover Newcastle. Im surprised at the dirty tactics JLR are playing trying to worm out using lies. Luckily my phone records all my call.

Recomend the ACR app to anyone on android.
Nothing new, welcome to the F-pace ownership.

Good you had the recordings but not sure if you can use this unless you told them you were recording them.
 
#14 ·
@Jagfpacejk

I use an android phone and use a app called ACR

Individuals are fine to use recordings, organisations must tell you before they record. This is where the misconception comes from.

They are claiming that they havent ever diagnosed faults or attempted repairs. There own letters confirm otherwise. I might as well be dealing with a local cowboy dealer, who would probably show more morals.

Im starting to think I dont really want a replacement off these guys.
 
#16 ·
Today I have been sent an email explaining that a software update was done to resolve a physical rattle on the dashboard.
 
#17 ·
NEUK said:
Today I have been sent an email explaining that a software update was done to resolve a physical rattle on the dashboard.
That must be some seriously good software designed to output a sound from the speakers to exactly match and cancel the noise of the randomly occurring rattle, JLR should market it to other car manufacturers they would make a packet :lol: :lol: :lol:
 
#18 ·
A couple of questions for anyone who has successfully rejected a car.... I'd be grateful for any responses.
For a successful rejection claim The Consumer Rights Act states that the owner is entitled to a '100% refund of what they paid', is this the full invoice price including the VAT and all the on the road costs like delivery and VED etc or is it just the base cost of the car plus options?
I know there is a 'fair usage charge' of around 40ppm to deduct from any motor vehicle refund, fair enough. I thought the max was 40ppm but my dealer says JLR charge 45ppm, and also say VAT is added to this charge.... is this true?
 
#19 ·
dw-fp-jag said:
A couple of questions for anyone who has successfully rejected a car.... I'd be grateful for any responses.
For a successful rejection claim The Consumer Rights Act states that the owner is entitled to a '100% refund of what they paid', is this the full invoice price including the VAT and all the on the road costs like delivery and VED etc or is it just the base cost of the car plus options?
I know there is a 'fair usage charge' of around 40ppm to deduct from any motor vehicle refund, fair enough. I thought the max was 40ppm but my dealer says JLR charge 45ppm, and also say VAT is added to this charge.... is this true?
It's whatever you paid ( the cost to you) including any cost for a part ex .The lot! Every single penny you gave them as part of the purchasing contract including VED etc.

You are entitled to a break down of how they have calculated the 45 p per mile fair useage that is written in the Consumer Rights Act , so ask for it.

No VAT is applied , it is not a purchase!

The dealer decides the amount , it is calculated with respects to the value of the purchase , however it is not their sole decision it is for you to agree an amount deducted. Not just accept their random figure.

The deduction has absolutely nothing to do with JLR , your contract and rejection is with the dealer.

He's taking the p*ss.
http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted
 
#20 ·
My ongoing rejection.

JLR finance now want to get an independent inspection done. All the faults are intermittent so they cant be re-created, I do have them on video though.

Example: 1 issue occured 3-4 times in 6 months.

If I let the company do a independent inspection all the report will say is no fault found at time of inspection which will play into the finance companies hands.

The inspection will be for 1 hour.

They say the video evidence is not enough.

Any thoughts?
 
#21 ·
NEUK said:
My ongoing rejection.

JLR finance now want to get an independent inspection done. All the faults are intermittent so they cant be re-created, I do have them on video though.

Example: 1 issue occured 3-4 times in 6 months.

If I let the company do a independent inspection all the report will say is no fault found at time of inspection which will play into the finance companies hands.

The inspection will be for 1 hour.

They say the video evidence is not enough.

Any thoughts?
It's a difficult one as without the inspection how can they agree a reject, you could speak to the independent inspectors and show them the video?

Also show them the e-mail showing the software update will resolve the rattle and then let them laugh at JLR.

Good luck with it all.
 
#22 ·
NEUK, have you had any input to the selection of the independent inspectors to ensure they are independent of JLR not just the dealer? I believe some dealers have suggested that external Inspectors from JLR are independent :eek:
 
#23 ·
Sorry for the late reply. Things have been crazy at work.

The inspection company was DEKRA whom are independent but obviosuly are given a lot of work by JLR.

The good news is that the Engineer managed to create most the faults defying probability completely.

So Ive been lucky. Waiting for JLR to get back to me now.

Also for anyone else in a similar position, i refused to let them inspect the car if they didnt comment on the videos. Luckily they didnt need them.
 
#24 ·
NEUK said:
Sorry for the late reply. Things have been crazy at work.

The inspection company was DEKRA whom are independent but obviosuly are given a lot of work by JLR.

The good news is that the Engineer managed to create most the faults defying probability completely.

So Ive been lucky. Waiting for JLR to get back to me now.

Also for anyone else in a similar position, i refused to let them inspect the car if they didnt comment on the videos. Luckily they didnt need them.
At least that's something you now do not have to worry about, let us know how it goes with JLR.
 
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top