Hyundai i10 - Can I reject this car?

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Mon 5 Sep 2011 12:07
Hyundai i10 - Can I reject this car? - Dougfct

I've just bought a one year old i10 from a dealer. The vehicle is very low mileage and was used by the dealer's umbrella company as a body shop courtesy car - it is literally in as new condition and everything is spot on except that the owners pack appears to have been lost.

So, no service record or owners handbook means I can't get the warranty transferred and may well have problems in the future with warranty claims and/or resale.

My question is, if they are unable to either find the originals or supply stamped up replacements, do I have grounds to reject the vehicle which I have had for a week now?

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Mon 5 Sep 2011 15:19
Hyundai i10 - Can I reject this car? - daveyjp

It's 2011 - surely Hyundai main dealers have all service and vehicle records computerised by now.

I've never had to present any paperwork to main dealers for warranty claims - they just enter the reg and the history is there. Mercedes don't even have service books anymore - everything is available on line to them and me.

If Hyundai can't now cover the vehicle I would reject as I'm sure the remainder of the 7 year warranty influenced your decision to buy.

Edited by daveyjp on 05/09/2011 at 15:21

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Mon 5 Sep 2011 16:45
Hyundai i10 - Can I reject this car? - oldtoffee

If they turn up with everything and it looks and checks out as genuine then I guess you'll be happy. Is it a Hyundai dealer you bought it from? I guess not otherwise they'd be able to sort it and as already said they'll have a service record. You could ring Hyundai Customer Services and enquire about the service history of the car or turn up at a Hyundai dealer, enquire about servicing costs and ask them if they could do you a favour and have them check it online.

You have to give them a reasonable opportunity to rectify the fault. You should write to the dealer principal, recorded delivery stating you've taken initial legal advice and as they've already had one week, you now want it completely sorted (and give them 3 or 4 days) and you reserve your right to reject the car, pursue a full refund and possibly out of pocket expenses. No phone calls just a letter.

Good luck.

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Mon 5 Sep 2011 17:45
Hyundai i10 - Can I reject this car? - Ethan Edwards

Interesting question. Did the OP mention the Wty and History at time of purchase? Was it recorded as being present when the car was offered for sale? Was the sale conditional on the presence of these items? Did you write a note on the sales documents (to that effect) when you signed for the vehicle?

My opinion is that if the answer is no,no and no and given the car is as you admit absolutely fine, then I would have said nope. You have no grounds to reject. Arguably the vendor could say he was offering the vehicle at that advantageous price specifically as he didn't have the documentation.

Given that A you were offered a set deal for a set price. You accepted same and paid under those terms.

Invitation to Treat ie Offer> Acceptance> Remuneration> Transfer of Goods/Title.

If as I suggest, NOW you remember these items and seek to alter the terms of the completed deal then I would have said your out of luck.

I would think the Sale of Goods Act (to which you refer) is only meant to be there as protection against sub standard goods and as you admit the goods ie the vehicle is fine. Not to slew the terms of a completed transaction more into your favour.

My 2p though I may be completely wrong. I'd love to find out how this issue resolves itself or if any legal beagles are reading it.

Practically I would have thought that Hyundai would be able to supply all of that stuff centrally anyway.

Edited by Ethan Edwards on 05/09/2011 at 17:48

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Mon 5 Sep 2011 18:13
Hyundai i10 - Can I reject this car? - rjr

Interesting question. Did the OP mention the Wty and History at time of purchase? Was it recorded as being present when the car was offered for sale? Was the sale conditional on the presence of these items? Did you write a note on the sales documents (to that effect) when you signed for the vehicle?

My opinion is that if the answer is no,no and no and given the car is as you admit absolutely fine, then I would have said nope. You have no grounds to reject. Arguably the vendor could say he was offering the vehicle at that advantageous price specifically as he didn't have the documentation.

Not totally disagreeing with what you have said but there is also a test of reasonableness. I think that it is reasonable for a consumer buying a nearly new car to expect the manufacturers warranty to still be valid unless specifically told otherwise.

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Mon 5 Sep 2011 18:40
Hyundai i10 - Can I reject this car? - Collos25

As second owner of the vehicle is it not up the manufacturer as to whether the warranty is transfered, under the sale of goods act the seller is liable for any reclaim not the manufacturer bearing in mind that it is secondhand.I believe in the UK as in Germany that for example the lifetime gaurantee offered by Vauxhall/Opel is not transferable.

Bearing in mind the vehicle has probably never been seviced why should the manufacturer stand by any warranty.

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Mon 5 Sep 2011 18:43
Hyundai i10 - Can I reject this car? - jamie745

I got sent a brochure for the i10 recently, i have no idea why. But i'd always reject it.

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Mon 5 Sep 2011 18:55
Hyundai i10 - Can I reject this car? - Collos25

I do not believe it I agree with you .

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Mon 5 Sep 2011 19:53
Hyundai i10 - Can I reject this car? - Dougfct

Collos; the vehicle had been serviced according to the internal invoice I have a copy of, so the warranty is transferable.

Your first point is precisely why I need both the service book and tear out form - to transfer the warranty to me, and ensure it remains valid.

Also, it is not correct to say that the UK Vauxhall lifetime warranty is not transferable - if the car is under 12 months old and offered under the "Network Q" scheme the second owner gains the warranty although he/she will have to pay an excess for every claim, so not as good as the original terms.

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Mon 5 Sep 2011 20:18
Hyundai i10 - Can I reject this car? - Collos25

As you say in the UK the lifetime warranty after transfer is not quite the same a little invetigation shows that it is actually an insurance based gaurantee although be it a insurance company backed by GM.

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Mon 5 Sep 2011 19:46
Hyundai i10 - Can I reject this car? - Dougfct

Ethan; yes the balance of the warranty, transfer of same and SH were all mentioned. I specifically asked for a receipt for the first service being done as the time limit had passed and Hyundai's warranty insists on same to back up the book stamps - got the receipt which is an inter company internal one, but not the book(s).

The salesmans words were "if its not in the glovebox it must still be at the bodyshop". It wasn't and seems it isn't by the time that has passed.

So no, I have not just remembered and am not seeking to alter the terms of anything, but thanks for your input anyway.

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Mon 5 Sep 2011 19:37
Hyundai i10 - Can I reject this car? - Dougfct

Thanks oldtoffee; no not actually bought from a Hyundai dealer but they have one in their group of companies. Shall try calling Hyundai CS in the morning.

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