What success can look like

The Ombudsman’s decision in Mr P’s complaint against Hyundai Capital UK Limited trading as Kia Finance (DRN-4321404) shows how rejection may follow when an attempted repair isn’t successful. Mr P bought a used Kia in November 2021 for £18,915.55.

In December 2022 the car lost power abroad; the engine was replaced under warranty in France and the car returned to the UK in March 2023. On its return, further issues (including a loose fuel return pipe) were found and repaired. The Ombudsman concluded the first repair was ineffective, so Mr P should be allowed to reject the car.

Key outcomes

• Complaint upheld; rejection directed.

• End the agreement with nothing further to pay and collect the car at no cost to the consumer.

• Refund monthly instalments from 22 May 2023 to the date the agreement is ended.

• Refund a proportion of one instalment to reflect 16 days without use in Dec 2022/Jan 2023.

• Pay 8% simple interest per year on all refunded sums from date of payment to settlement.

• Pay £150 compensation for distress and inconvenience (in addition to £100 previously paid for an error in Kia’s letter).

Where repairs don’t put the consumer back into a reliable vehicle, the Ombudsman can unwind the agreement and compensate for loss of use with statutory interest.

Introduction: When Is Rejection the Right Option?

Many Kia owners enjoy years of reliable motoring, but some face repeated faults soon after purchase. If you're dealing with persistent problems, you may be considering whether you can reject the car. This guide explains your rights and the steps to take.

Step 1: Know Your Rights – Consumer Rights Act 2015 and Warranty

Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described.

• Within 30 days: the short-term right to reject and receive a full refund.

• After 30 days: the right to a repair or replacement; if unsuccessful or faults recur, the right to a final remedy (price reduction or rejection).

Manufacturer warranty typically runs alongside your statutory rights (terms vary by model and year). Warranty exclusions commonly include wear and tear, neglect, unauthorised modifications, and consequential loss.

Step 2: Identify and Document Faults

Common categories:

• Electrical/software (warnings, infotainment glitches, battery/charging issues)

• Mechanical (engine/gearbox/drivetrain, cooling, suspension, emissions/AdBlue where applicable)

• Body/interior (water ingress, rattles, fit/finish)

Brand-specific examples from FOS decisions:

• Sudden loss of power abroad leading to an engine replacement under warranty (DRN-4321404).

• Strong fuel smell traced to a loose fuel return pipe and further remedial work after engine replacement (DRN-4321404).

Action: keep a dated log, photos/videos, diagnostic/repair reports, and all correspondence with the retailer and finance company.

Step 3: Communicate Clearly – Template Letter

Subject: Request for Vehicle Rejection/Replacement – [Your Vehicle Model, Registration Number]

Dear [Dealer Principal's Name],

I am writing regarding my [Kia Model], purchased from [Retailer Name] on [Date]. Since delivery, I have experienced repeated faults including [list main issues, e.g. electrical failures, drivetrain faults, water ingress]. These have not been resolved despite multiple repair attempts.

Under the Consumer Rights Act 2015, I am entitled to a vehicle that is of satisfactory quality, fit for purpose, and as described. As the faults are persistent and have not been rectified, I am requesting [a replacement vehicle/a full refund]. Please confirm the process for returning my vehicle and arranging [a replacement/refund].

I have attached a log of faults, photos, and copies of correspondence. I look forward to your response within 14 days.

Yours sincerely,
[Your Name]
[Contact Details]

Step 4: Dealer, Manufacturer, and Finance Company – Who to Contact

• If bought on PCP/HP, the finance company is often the legal owner; involve them early.

• Your contract is with the retailer; keep them in the loop and escalate if needed.

• If ignored, escalate to the manufacturer’s customer relations.

Step 5: What to Expect – Refunds, Replacements, and Mileage Deductions

• Within 30 days: generally a full refund when rejection is valid.

• After 30 days: repair/replacement or partial refund (businesses may deduct for fair use/mileage; negotiable where faults are severe or the car was unusable).

• Where decisions unwind finance agreements, typical remedies include refunding sums paid and applying 8% simple interest on refunds (per FOS discretion).

Step 6: Overcoming Obstacles

If progress stalls, escalate in writing, reference evidence and your statutory rights, and set clear timelines. Persistence matters.

Step 7: Negotiation Tips

• Use your fault log and evidence to demonstrate inconvenience and repeat failures.

• Ask for mileage deductions to be waived if the car was unusable.

• If a replacement is offered, scrutinise the finance terms.

Step 8: Real Examples (from FOS decision)

This article draws on the following FOS decision involving Kia:

• DRN-4321404

Major Kia Retailers (UK)

• Arnold Clark Kia

• Vertu Kia (Bristol Street Motors)

• Drayton Motors Kia

• Norton Way Kia

• Chorley Group Kia

Common Kia Models (UK)

• Picanto

• Rio

• Ceed

• Sportage

• Niro (HEV/PHEV/EV)

• Sorento

• EV6

• EV9

Conclusion: Stay Persistent and Informed

You don't have to accept a car that isn't right. With clear evidence and knowledge of your rights, you can achieve a fair outcome. Keep thorough records and escalate in writing.

Disclaimer: This article provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.