Dealer has damaged my new car What are my rights?
I have just bought a new Alfa Romeo Giulietta QV Line (March 12th). To date we haven’t driven the car. When we collected the car we noticed a dent in the front wing. The garage assured us that this could be knocked out and wouldn’t require any re-spraying of the front wing although we weren’t happy they persuaded us it would be OK. Unfortunately this wasn’t the case the car need to go the body shop for paint work.
The garage offered to deliver the car to me, unfortunately on the way the car picked up damage to the front bumper (a stone chip and some scratches). I told the garage that I don’t feel the car is new and would like a replacement. They said that as the car was owned by the finance company and we would have to go through them.
I have complained to the finance company (FCA Automotive Services) who have concluded that we are not in a position to request a replacement. I am considering going to the small claims court, would that be a sensible next step? Or would I be wasting my time?
The garage offered to deliver the car to me, unfortunately on the way the car picked up damage to the front bumper (a stone chip and some scratches). I told the garage that I don’t feel the car is new and would like a replacement. They said that as the car was owned by the finance company and we would have to go through them.
I have complained to the finance company (FCA Automotive Services) who have concluded that we are not in a position to request a replacement. I am considering going to the small claims court, would that be a sensible next step? Or would I be wasting my time?
Asked on 9 June 2016 by madlsd
Answered by
Honest John
Difficult position. The car has suffered a diminution in value and the dealer and the finance house are jointly liable. However, the finance house is taking the position that, because the finance period is for some years, this minor damage will not affect the residual value of the car. So you now need to put that in writing, both to the finance house and to the dealer principal of the supplying dealer stating that because the damage was caused to the car before you took delivery, it is jointly the responsibility of the finance house and the dealer and you will not accept any penalty for damage on termination of the finance contract. Send these letters by post office special delivery, keep copies and staple the certificates of posting to to the copies. Then it becomes a matter of record and you can defend your position in the future.
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