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Discussion Starter · #41 ·
You need a recommendation from within your own local community for a decent commercial lawyer.

An initial meeting should be FOC and that would provide an opportunity to assess whether you have a sound case.

I would earmark an amount to throw at this issue by agreement with the lawyer (say £500) to allow for all the preliminaries in taking you on board as a client and covering the first letter.

I would expect that the first letter would be putting the dealer on notice that you will be holding them responsible for your legal costs.

Or bite your lip, continue with the rented car which isn't costing you, and wait for the fix. At least that way AC are assisting in mitigating your losses.
I understand the lawyer situation mate, I was just being flippant. It's a hard one to judge as my car is sitting doing nothing and not clocking up my 80-mile daily commute. But saying that it's sitting depreciating in value as well. I'm due a call from AC today or tomorrow, so I will update then.
 

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I understand the lawyer situation mate, I was just being flippant. It's a hard one to judge as my car is sitting doing nothing and not clocking up my 80-mile daily commute. But saying that it's sitting depreciating in value as well. I'm due a call from AC today or tomorrow, so I will update then.
Couple of things.

1. Your car is depreciating being sat in A/C waiting for a repair - but it would be depreciating on your driveway also.
2. As your car is not driveable - no miles are going on it - so it's depreciating less than it would be if it was functioning at using it. More miles = less value.

The issue isn't this.

It's the length of time for a suitable repair and your issue with the lack of a suitable replacement. They've given you a van, not an equivalent car. Had they given you a car, equivalent to yours this would be an non issue. The repair could take weeks, and you could put the weeks miles and wear and tear onto someone else's car, not your own (the one way the customer wins with this sort of repair).

Because of the delay - you've rightly pushed to reject the car and for a good buy back so you can start anew saving anguish and hassle. The "deal" they've offered you has been poor - so this isn't an option I would say.

My advice would be to push them to provide a more suitable vehicle whilst yours is off the road at this stage. I would cite the running costs of the van vs your car and could they not provide something more suitable or inline with what you bought.
 

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Discussion Starter · #43 ·
Couple of things.

1. Your car is depreciating being sat in A/C waiting for a repair - but it would be depreciating on your driveway also.
2. As your car is not driveable - no miles are going on it - so it's depreciating less than it would be if it was functioning at using it. More miles = less value.

The issue isn't this.

It's the length of time for a suitable repair and your issue with the lack of a suitable replacement. They've given you a van, not an equivalent car. Had they given you a car, equivalent to yours this would be an non issue. The repair could take weeks, and you could put the weeks miles and wear and tear onto someone else's car, not your own (the one way the customer wins with this sort of repair).

Because of the delay - you've rightly pushed to reject the car and for a good buy back so you can start anew saving anguish and hassle. The "deal" they've offered you has been poor - so this isn't an option I would say.

My advice would be to push them to provide a more suitable vehicle whilst yours is off the road at this stage. I would cite the running costs of the van vs your car and could they not provide something more suitable or inline with what you bought.
Good advice mate. I was really just blowing off steam with the post above, I'm just getting a bit angry now with this situation. As to your point about the hire car. KIA keeps reminding me I'm not entitled to one and lucky to have the van. And now a new car salesman from AC has just called me to come in and chat about a new car deal. I told him I'm not buying a new car due to finances, so he then put's me onto a used car salesman. AC have very few KIA's in stock. I'm stuck between a rock and a hard place, but looking more likely I will have to wait for the part.
 

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Discussion Starter · #44 ·
Yesterday's AC meeting. First thing was to value my car. £17340, + extra £500 deal, yeah okay. Second, sit you down and try and sell me a new car in the region of £30000- £36000 new KIA electric, or PHEV, and they will try and get KIA to put something towards that, possibly £1000. First of all, I said, I can't afford a new car in these times, and second, you are having a laugh with that offer? I told him there is no way I'm allowing a car that's just over a year old with 8000 on the clock to be sold for that price, and then they make over £2000 on it. The salesman then says but we have to make a profit on cars we sell, so I told him not at my expense especially when I never caused this whole issue in the first place. I then got up and asked them to rethink the figure and get back to me once they have spoken to KIA. I honestly can't believe how this is turning out.
 

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I don't know why they keep going back to Kia. This is all on their head. it's their fault that their staff member pulled the plug. Rather than speak to Kia tech who would have advised them what to do.
 

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Yesterday's AC meeting. First thing was to value my car. £17340, + extra £500 deal, yeah okay. Second, sit you down and try and sell me a new car in the region of £30000- £36000 new KIA electric, or PHEV, and they will try and get KIA to put something towards that, possibly £1000. First of all, I said, I can't afford a new car in these times, and second, you are having a laugh with that offer? I told him there is no way I'm allowing a car that's just over a year old with 8000 on the clock to be sold for that price, and then they make over £2000 on it. The salesman then says but we have to make a profit on cars we sell, so I told him not at my expense especially when I never caused this whole issue in the first place. I then got up and asked them to rethink the figure and get back to me once they have spoken to KIA. I honestly can't believe how this is turning out.
With the greatest of respect you should be telling this to a legal professional or citizens advice bureau. It’s great to name and shame a dealer here but I feel that other than venting it isn’t productive.

I am sorry this has happened, nobody likes to be out of pocket or without a vehicle and it sounds like the dealer is being rotten. Hopefully some legal advice as has been previously suggested will get you a suitable resolution
 

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Good advice mate. I was really just blowing off steam with the post above, I'm just getting a bit angry now with this situation. As to your point about the hire car. KIA keeps reminding me I'm not entitled to one and lucky to have the van. And now a new car salesman from AC has just called me to come in and chat about a new car deal. I told him I'm not buying a new car due to finances, so he then put's me onto a used car salesman. AC have very few KIA's in stock. I'm stuck between a rock and a hard place, but looking more likely I will have to wait for the part.
A canny dealer would give you a different model, like an Optima, Sportage, Xceed etc to try upsell you a car?

A Van is a bizarre replacement vehicle.
 

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I don't know why they keep going back to Kia. This is all on their head. it's their fault that their staff member pulled the plug. Rather than speak to Kia tech who would have advised them what to do.
I suspect the only reason they are supplying a replacement vehicle (not as per Kia warranty) is this is the garages screw up - Arnold Clark bricked the car and the owner was servicing it as per manufacturers schedule at an official agent. Much in the same way if he had taken it to the garage and it fell off the ramp ending up with body damage - they'd have to repair the car and provide a replacement car for them to drive.

All A/C has to really do is take back the van and provide a similar car either off their lot or a rental for the duration and they'll have done their bit.
 

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Discussion Starter · #49 ·
Hi all. I got my car back on Thursday and everything is going well, so far. I collected it from Arnold Clark and they must-have just left it outside the whole time it was with them as it hadn't even been cleaned properly inside or out, and even had the finger and handprints of the mechanics all over the bonnet and boot. I wasn't too bothered by this as I was going to get a valet done anyway. The one thing I was disappointed about was the lack of any type of apology of any kind, pretty poor customer service in my view. I then contacted KIA to let them know I had the car back and asked if they had any intention of offering me compensation for the issues I've had. I was basically told no as they had already provided me with a courtesy car and were under no obligation to do so. I also never received any type of apology from KIA either. Haven't times changed from when the customer was king?
 

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Discussion Starter · #50 ·
As the post above I did get my car back on Thursday but only drove it from Arnold Clark to my house, 3 miles. I took it on the 37-mile journey to work on Monday and got within 6 miles from my work and the EML DPF lights came on causing the car to go into limp mode, and then splutter to a halt. I had to be recovered from the motorway and taken to Arnold Clark, and missing a day at work. I got the car back today and asked for the full report on the problem. Two of the injector valves had failed and needed to be replaced, and one of the terminals to the ESU had come loose. Arnold Clark had managed to use one full quarter of fuel on a test run and running in the workshop, but the biggest problem that I didn't notice when picking it up was that somehow there was a big patch of scraps to my passenger side window. I called them about it but they denied all knowledge of any incident. Does anyone sell lucky white heather?😞
 

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Discussion Starter · #53 ·
This saga has put me right off using A/C for servicing. I will go to Kia in Stirling despite it being further away
The car has broken down again, so definitely don't use them. Phoned them coming back from work as the car went into limp mode again, with the engine management light back on. They said can I just drop it off to them and leave it with us. Okay I can do that but I need a car as I have to get to work, and the answer as always, sorry we don't have any, try KIA. I called KIA to update the situation and they said they can't help me with a car either and it's Arnold Clarks problem. I told him they weren't helping me, and then asked if I have my own breakdown cover, I said yes, and he then told me to get the car recovered from my home and if I have a car cover on the policy to get a car from them. I told him that I wasn't willing to do that as I shouldn't I feel Arnold Clark should be helping me. He then said KIA aren't obliged to help as my contract is with the garage I bought the car from, well that's no use as it's 350 miles from me. This has turned into a real nightmare, with no end in site. I'm now thinking Arnold Clark has done more damage to the car's engine than what they are letting on.
 

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I really think now is the time to draw a line under this and reject the car. They have had their one chance to fix.

Is there a A/C near where you are that it can be dropped at, then they can either fix or transport it home.
 

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Discussion Starter · #55 ·
I really think now is the time to draw a line under this and reject the car. They have had their one chance to fix.

Is there a A/C near where you are that it can be dropped at, then they can either fix or transport it home.
This is now the second attempt to fix the original problem. I asked KIA to reject the car, but they said no as it's not up to them, and Arnold Clark has also said no as they can fix it. I just don't know what the position is now. I need a car for tomorrow for my work and to AC and KIA this at 15:30 today and non of them have got back to me. So i either run the car 80 miles tomorrow in limp mode or phone into my work where my day's work is already planned out. And as this involves delivering cars on a transporter I don't have an option to really stay off.
 

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I would just reject it - via solicitor letter if necessary - it's clearly not of merchantable quality and they have had adequate time to fix it.
 
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It is not up to Arnold Clark if the car can be rejected, it is your decision. Time to talk to solicitor.
 
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Discussion Starter · #58 ·
I would just reject it - via solicitor letter if necessary - it's clearly not of merchantable quality and they have had adequate time to fix it.
I will find a consumer lawyer tomorrow. I tried Citizen advice but it 2 weeks get a appointment. Do you think I'm hurting my position if I drive the car 40 miles each way to my work tomorrow. I really need to go to my work.
 

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I will find a consumer lawyer tomorrow. I tried Citizen advice but it 2 weeks get a appointment. Do you think I'm hurting my position if I drive the car 40 miles each way to my work tomorrow. I really need to go to my work.
IANAL, but my inclination is that if you use the car after you decide to reject it it could work against you.
 

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This is now the second attempt to fix the original problem. I asked KIA to reject the car, but they said no as it's not up to them, and Arnold Clark has also said no as they can fix it. I just don't know what the position is now. I need a car for tomorrow for my work and to AC and KIA this at 15:30 today and non of them have got back to me. So i either run the car 80 miles tomorrow in limp mode or phone into my work where my day's work is already planned out. And as this involves delivering cars on a transporter I don't have an option to really stay off.
Your rejection is against the retailer. Not Manufacture.
They can not refuse not given they have failed to fix the issue.

Don't bother with a solicitor going to cost money...
Template here.


I would not be driving car in limp mode. It only to get you to safety.
 
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