# Defective New Car



## Jenny Jitterbug (Aug 26, 2020)

I recently purchased what I thought was a brand new car from a Spanish franchised dealer. It now turns out it was one of those cars severely damaged in last year’s floods, that’s been bodged up. It smells like a damp cellar, every week something goes wrong, elec windows, door locks, radio, wipers, air con, fuel pump, and alternator. The dealer is having none of it. I have been to a lawyer and all he could say was credit card.
What are my rights under Spanish consumer law and will it take me a lifetime to get them?


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## Catalunya22 (Apr 25, 2020)

Jenny Jitterbug said:


> I recently purchased what I thought was a brand new car from a Spanish franchised dealer. It now turns out it was one of those cars severely damaged in last year’s floods, that’s been bodged up. It smells like a damp cellar, every week something goes wrong, elec windows, door locks, radio, wipers, air con, fuel pump, and alternator. The dealer is having none of it. I have been to a lawyer and all he could say was credit card.
> What are my rights under Spanish consumer law and will it take me a lifetime to get them?


What make of car was it.? You might have better luck with the manufacturer. Complain to them and say something like the dealer is giving their cars a bad reputation.
Was it BRAND new? And do you have anything that might prove it had been in a flood.?

It´s worth TRYING your credit card provider.

In my experience going down the lawyers route is a waste of time here in Spain. They have laws here....but nobody keeps to them. It´s like trying to get a squatter out of your house...next to impossible...especially here in Barcelona with that nutcase Ada Colau as Mayor


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## Jenny Jitterbug (Aug 26, 2020)

Catalunya22 said:


> What make of car was it.? You might have better luck with the manufacturer. Complain to them and say something like the dealer is giving their cars a bad reputation.
> Was it BRAND new? And do you have anything that might prove it had been in a flood.?
> 
> It´s worth TRYING your credit card provider.
> ...


Thanks for your reply.
It is a Volkswagen and it was brand new or at least sold and described as brand new, but not the car he showed me in the showroom. I did send several letters to Volkswagen months ago but no reply other than CORVID 19 excuse.
I know it’s been fully submerged in the floods, I took it to my local garage and they removed all the door panels and head lining, it’s full of rust and dirt. I could get an independent professional engineer to examine it and write a report, but that will cost, and what use if I have no effective consumer rights.
I did not pay by credit card, who has that sort of limit; I paid by bank transfer as requested by Pedro. 
So basically I’ve been done and sold scrap, this morning the clutch has started slipping 1,953 kilometres.


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## Catalunya22 (Apr 25, 2020)

Jenny Jitterbug said:


> Thanks for your reply.
> It is a Volkswagen and it was brand new or at least sold and described as brand new, but not the car he showed me in the showroom. I did send several letters to Volkswagen months ago but no reply other than CORVID 19 excuse.
> I know it’s been fully submerged in the floods, I took it to my local garage and they removed all the door panels and head lining, it’s full of rust and dirt. I could get an independent professional engineer to examine it and write a report, but that will cost, and what use if I have no effective consumer rights.
> I did not pay by credit card, who has that sort of limit; I paid by bank transfer as requested by Pedro.
> So basically I’ve been done and sold scrap, this morning the clutch has started slipping 1,953 kilometres.


I really don´t know what to suggest other than use a lawyer to sue them....but that can take an age and of course cost you more money.
Sorry to sound so pessimistic.


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## Catalunya22 (Apr 25, 2020)

Or stage a protest outside their premises with big banners saying DO NOT BUY A CAR HERE....in Spanish of course, and get some friends to join you.


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## Love Karma (Oct 10, 2018)

Jenny Jitterbug said:


> Thanks for your reply.
> It is a Volkswagen and it was brand new or at least sold and described as brand new, but not the car he showed me in the showroom. I did send several letters to Volkswagen months ago but no reply other than CORVID 19 excuse.
> I know it’s been fully submerged in the floods, I took it to my local garage and they removed all the door panels and head lining, it’s full of rust and dirt. I could get an independent professional engineer to examine it and write a report, but that will cost, and what use if I have no effective consumer rights.
> I did not pay by credit card, who has that sort of limit; I paid by bank transfer as requested by Pedro.
> So basically I’ve been done and sold scrap, this morning the clutch has started slipping 1,953 kilometres.


I think this spelling may be you're undoing...


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## Catalunya22 (Apr 25, 2020)

Or you could have a look at this...

https://europa.eu/youreurope/citize...-resolution/formal-legal-actions/index_en.htm

but the maximum you can claim is 5000 euros and you would probably need a mechanics report.

I used a similar official online small claims proceedure a few years ago in the UK and it was a success.


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## Phil Squares (Jan 13, 2017)

You don't have to have paid the entire amount by CC. If you spent more than 100Euros for a deposit and used a bank CC for that transaction, you are covered and the bank has to get involved. You can ask the bank to do a chargeback and that will get the ball rolling. 

As far as right for rejecting the car, it's not Spain that governs that but the EU. Do a little research as I am sure you are within your rights to go after the dealer and are protected by EU legislation.

Also, is there any bank financing involved with the purchase? If so, go speak to the bank. They are, after all, the owner currently. They have a major interest in the car.


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## Catalunya22 (Apr 25, 2020)

....and I mentioned you could try your credit card provider because you mentioned it in your first post. 
But I guess you meant that the lawyer wanted your credit card to pay him.


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## Jenny Jitterbug (Aug 26, 2020)

The dealership franchise owner is related to the mayor and his brother is in the Guardia, so a protest could be unwise.
I bought the car in Spain not the UK.
It was strange that Pedro would not have anything to do with credit cards, even for a deposit, but the lawyer did try to get into my handbag. Also the car is not on any finance.
Is there any effective consumer law in Spain, the British Consulate in Alicante refuse to comment other than choose a lawyer from their paid for subscription list.
I think there are 100s of these flood damaged cars around being sold as undamaged brand new cars. BEWARE.


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## davexf (Jan 26, 2009)

Hola 

There is OMIC - the official office for protection of the consumer - I have had success with them before 

Davexf


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## Pesky Wesky (May 10, 2009)

Jenny Jitterbug said:


> Thanks for your reply.
> It is a Volkswagen and it was brand new or at least sold and described as brand new, but not the car he showed me in the showroom. I did send several letters to Volkswagen months ago but no reply other than CORVID 19 excuse.
> I know it’s been fully submerged in the floods, I took it to my local garage and they removed all the door panels and head lining, it’s full of rust and dirt. I could get an independent professional engineer to examine it and write a report, but that will cost, and what use if I have no effective consumer rights.
> I did not pay by credit card, who has that sort of limit; I paid by bank transfer as requested by Pedro.
> So basically I’ve been done and sold scrap, this morning the clutch has started slipping 1,953 kilometres.


Seems unbelievable that you would get a flood damaged car sold as new. And go to a garage, have it taken apart to find it full of rust and dirt and still not get any come back from the dealership or manufacturer.


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## Catalunya22 (Apr 25, 2020)

I don´t know what you can do then...other than denounce them.
Return to the Dealer and ask for their "Libro de Reclamaciones" .

Somebody else might be better at explaining how that works. It´s a complaint procedure but through official channels I think...Maybe someone else can explain it better than I can.


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## Catalunya22 (Apr 25, 2020)

They are required BY LAW to have a Libro de Reclamaciones.


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## Catalunya22 (Apr 25, 2020)

Sod his brother. Complain to the Police. Tell them a car dealership is selling faulty and dangerous vehicles


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## xabiaxica (Jun 23, 2009)

Sounds like a horrible situation.


As said - ask for the Libro de Reclamaciones. By law they have to supply it. You write your complaint & take a copy to OMIC. That's all free. 


I'm closing this now, because no other advice is possible.


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