Legal advice & opinions please. Will never buy a Seat again. RESOLVED.

Speedbird

Active Member
Aug 10, 2018
268
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Hi all. After some legal advice, opinions, or just experience from anyone else who has suffered something similar to me.

Basically, in August this year, I bought a Seat Ateca from a Seat main dealer 2 hours from where I live. As soon as I collected it, I noticed a problem. White bits of dust and particles come out of the vents. They come out upwards onto the windscreen and dash, and through the vents facing the cabin and into the faces of the the vehicles occupants.

On the 4th day of ownership, I replaced the cabin/pollen filter, hoping this would solve the problem. It didn't. I have a receipt with my details for when I bought the filter.

I then booked it into my local Seat dealer (not the supplying dealer) for investigation. They could not confirm which part was at fault, but suspected (as I did) the A/C evaporator is corroding and the white parts are corrosion blowing into the cabin. The dealer told me they were unwilling to do the work to confirm the fault because they had a shortage of technicians, and had more priority work. They also told me that to get to the component would take 10 hours labour, and if it wasn't that part at fault, I was liable to pay for the 10 hours labour. After I sent an email stating my statutory rights, I was told they would not fix my car, and to collect it the same day (I still have all the email correspondence).

I then contacted the supplying dealer and Seat customer services. All they have done is booked it into another Seat dealer local to me for the exact same fault finding process. They also told me that if they suspect it is the evaporator, spend 10 hours taking the car apart, and the evaporator is not at fault, I am liable for the 10 hours labour.

According to my statutory consumer rights at https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/ I am eligible to have the car fixed at no cost to me and should quote this statement: "My rights have been breached because the car you sold me is faulty/doesn’t match the description. I would like you to put this right by repairing the car at your cost.”

I have also read that the dealer has 1 opportunity to repair the car, before I can ask to return the car and get my money back. In my opinion, I took the car to a Seat dealer, they have refused to do the work and insist I had the car back. So that was their opportunity to fix it.

The problem is now getting worse as the weather is getting colder. When I start the car in the mornings, I get a face full of white dust in my eyes and mouth and over my clothes.

Really looking for some advice or anyone elses experiences of this problem, returning a car or Seat customer services. I want rid of this car and will never own a Seat again.

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jcbmally

Started with nowt and still have most of it left.
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Dec 26, 2013
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Cybertron
You are correct about the law. They are allowed an attempt to fix the car and if they can’t its hand back, you are not liable for any costs if it is faulty. I agree that white particles etc blowing out from the A/C is not “normal” for a car and therefore the dealership is in breach of contract regarding sales of goods.
The Ombudsman will assist with this so I’d give them a call stating all the facts only and go from there.
PS I have successfully rejected a new car in the past and my wife successfully rejected a used car two years ago (it was 2yr old).
 
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Speedbird

Active Member
Aug 10, 2018
268
135
You are correct about the law. They are allowed an attempt to fix the car and if they can’t its hand back, you are not liable for any costs if it is faulty. I agree that white particles etc blowing out from the A/C is not “normal” for a car and therefore the dealership is in breach of contract regarding sales of goods.
The Ombudsman will assist with this so I’d give them a call stating all the facts only and go from there.
PS I have successfully rejected a new car in the past and my wife successfully rejected a used car two years ago (it was 2yr old).

This is what I thought. I cannot actually believe I have bought an approved used car, with a manufacturer approved warranty, and they are refusing to do the work.

When I bought it from Seat, I was told it had full service history. However, when the first dealership doing the fault investigation had the car, they tried to tell me the car may not be eligible for repair under warranty because it wasn't full Seat service history! So Seat sold me a car, with a warranty, that they are now trying to tell me isn't eligible for the warranty it came with!

This is the last email I received from the dealer who refused to fix my car, and trying to imply my warranty may be invalid because of it's service history:

email.jpg
 

jcbmally

Started with nowt and still have most of it left.
Staff member
Moderator
Dec 26, 2013
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Cybertron
This is what I thought. I cannot actually believe I have bought an approved used car, with a manufacturer approved warranty, and they are refusing to do the work.

When I bought it from Seat, I was told it had full service history. However, when the first dealership doing the fault investigation had the car, they tried to tell me the car may not be eligible for repair under warranty because it wasn't full Seat service history! So Seat sold me a car, with a warranty, that they are now trying to tell me isn't eligible for the warranty it came with!

This is the last email I received from the dealer who refused to fix my car, and trying to imply my warranty may be invalid because of it's service history:

View attachment 34338
At the end of the day they have sold you a car that is at fault, plain fact. Also if you have proof (email etc) that they sold you the car with FDSH that isn’t then that is mis-sold. As others have stated right a letter to the chief, make sure you have all your facts and add the stuff regarding their obligations etc (find that in the Motor Traders Association). Hopefully you’ll get sorted, inform them that social media is your friend but Ombudsman and Citizens Advice will help (y)
 
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Speedbird

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Aug 10, 2018
268
135
They sold the car as having full service history, did not stipulate Seat or not until I bought the car and looked through the book. But because it isn't all Seat service history, that's why the first dealer I took it to for fault rectification are saying the repair may not be carried out under warranty because it isn't full Seat history.

To me now, the warranty is starting to be less important than the consumer rights. It is my understanding they should fix it regardless and at no cost to myself, because I have had the car for less than 6 months.

I tried to ring the supplying dealer twice yesterday and was told both times I would be called back by the warranty manager the same day. Nobody rang me back. I sent an email last night to the original salesman and the dealership manager. Still no phone call or reply email today.
 
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Bear

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Jun 15, 2021
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They sold the car as having full service history, did not stipulate Seat or not until I bought the car and looked through the book. But because it isn't all Seat service history, that's why the first dealer I took it to for fault rectification are saying the repair may not be carried out under warranty because it isn't full Seat history.

To me now, the warranty is starting to be less important than the consumer rights. It is my understanding they should fix it regardless and at no cost to myself, because I have had the car for less than 6 months.

I tried to ring the supplying dealer twice yesterday and was told both times I would be called back by the warranty manager the same day. Nobody rang me back. I sent an email last night to the original salesman and the dealership manager. Still no phone call or reply email today.
Make sure you include these non-returned calls in your legal letter to the CEO.
 

Speedbird

Active Member
Aug 10, 2018
268
135
UPDATE....... I now cannot believe the incompetence of Seat.

The dealer I bought the car off agreed it was best for it to go back to them, so 3 weeks ago, an appointment was made for today for it to be seen by the master technician. A note was made on the paperwork what the symptoms are, that it's had 2 new pollen filters, and an air conditioning cleaner bomb, all to no effect.

So last weekend, I drove 2 hours to the dealer, dropped the car off, then got 3 trains home. Yesterday and today I have been commuting to work on the train.

So the car is in the workshop today. I had not heard anything by 3pm, so emailed the customer service manager who is dealing with it all, no response from them. Heard nothing from the dealer, so I rang them at 5.30 to find out what is going on.

All the master technician has done today is check the pollen filter and blow out the vents to clear what they think is excess cleaning material! So he's done about 20 minutes work on my car all day, and has achieved absolutely nothing! So at 5.40 I rang the customer service manager (who didn't return my email) and they have gone home for the day!

The dealer was expecting me to collect the car today. I have told them I don't want it back until it's definitely fixed, or I am returning the car. So all they are planning to do is start the car tomorrow and see if it blows any more bits out of the vents.

I am at a loss for words. I spent over £20k on this car, paid outright after years of saving for it. Since I bought it the problem has been present. It went into the first Seat dealer after 7 weeks of ownership, and they refused to fix or do anything with it. And now this today.
 

Speedbird

Active Member
Aug 10, 2018
268
135
The day I dropped the car off, this was how much was over the dash and interior after having hoovered it about 5 days prior. Clearly not cleaning material after I have been using and driving the car every day for 4 months.

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Speedbird

Active Member
Aug 10, 2018
268
135
UPDATE.... I have now completely lost faith in Seat and will never own one again. Buying an expensive approved used car from them has been the worst motoring decision I have ever made.

They have had the car for 2 whole weeks. Last Friday, I rang them and was told they cannot find a fault, and to collect the car. I collected it yesterday in this condition in the pictures. In the first one, you can see it is still blowing out all the particles into the cabin.

They have also broken the door handle where someone has opened the door when its been icy and the handle has pulled the KESSY door key cover off.

I am at a loss for words to be honest. Am now going to go through the motions to return the car.

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Last edited:

Speedbird

Active Member
Aug 10, 2018
268
135
After I got the car back from 2 weeks at the garage, with the broken door and the problem more evident then ever, I told Seat I do not want the car anymore. I quoted my consumer rights, told them they had an opportunity to fix it, which they failed at, and I want a refund.

I got a phone call from their operations director. I was told they haven't fixed the car because to them, there is no evidence of a problem?! I was also told the bits could be skin flakes from a previous owner, and that if it go to a court of law, I wouldn't stand a chance because I used an air con system cleaner on it. Even though I was advised to do this by the first Seat dealer, and I used the VAG approved product. Thankfully I kept all emails of being told to use it by Seat, including the first dealer refusing to fix the car, and forwarded them all to the director.

I now don't have my car again. It is at a 3rd garage over 2 hours away from me. A delivery driver came up and dropped off a courtesy car, which I have absolutely no idea how long I have it for, I signed no paperwork for it, nothing.

I will never buy a Seat again. I am on the brink of starting a social media campaign, going to the media, naming and shaming all of these dealers and individuals, publishing all of the emails I have had etc. Cannot believe how bad this has all been.
 
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pinky1959

Active Member
Jun 28, 2020
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I would be interested to find out how skin flakes from a previous owner could get into the vents and how they are confident that this is what it is , and if they have done any micro biological tests to find out. this.
Talking Bollocks I would suggest.
 
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Bear

Active Member
Jun 15, 2021
293
267
After I got the car back from 2 weeks at the garage, with the broken door and the problem more evident then ever, I told Seat I do not want the car anymore. I quoted my consumer rights, told them they had an opportunity to fix it, which they failed at, and I want a refund.

I got a phone call from their operations director. I was told they haven't fixed the car because to them, there is no evidence of a problem?! I was also told the bits could be skin flakes from a previous owner, and that if it go to a court of law, I wouldn't stand a chance because I used an air con system cleaner on it. Even though I was advised to do this by the first Seat dealer, and I used the VAG approved product. Thankfully I kept all emails of being told to use it by Seat, including the first dealer refusing to fix the car, and forwarded them all to the director.

I now don't have my car again. It is at a 3rd garage over 2 hours away from me. A delivery driver came up and dropped off a courtesy car, which I have absolutely no idea how long I have it for, I signed no paperwork for it, nothing.

I will never buy a Seat again. I am on the brink of starting a social media campaign, going to the media, naming and shaming all of these dealers and individuals, publishing all of the emails I have had etc. Cannot believe how bad this has all been.
All the main newspapers have a 'consumer champion', write to all of them, one of which might publish your 'story'. A few hundred thousand (plus millions on-line) seeing it will give you better leverage and the 'champion' may well help grease the gears to a decent resolution for you. Best of luck mate.
 
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