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New Toyota C-HR Delivered with Defects and Safety Risks

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Reclamação

M. S.

Para: Toyota Caetano Portugal, S.A.

15/09/2025

Vehicle: Toyota C-HR Hybrid Comfort VIN: JTPAAAAA60R070793 Delivery date: October 2024 Seller : Toyota portugal (Toyota Caetano Portugal ), Caetano Auto S/A Payment: Paid in full, cash, including taxes, 3-year maintenance contract, and insurance I am submitting this formal complaint against Toyota Portugal ( Toyota Caetano portugal) Caetano Auto S/A from whom I purchased a new Toyota C-HR Hybrid Comfort (VIN: JTPAAAAA60R070793) delivered in October 2024. At delivery, when my husband pressed the brake pedal to start the vehicle, an unusual and concerning noise from the braking system was immediately audible. Dealership staff stated this was “NORMAL” for new C-HR models, drew our attention to the VIN and said the car was produced in Japan, and assured us the noise would subside with regular use. We relied on this professional advice from the Toyota dealership and also explicitly informed them that we were expecting a baby and needed a dependable and safe vehicle. After approximately 600 km, the brake system noise persisted. We returned the vehicle for inspection and were again told the issue was “NORMAL” and would require at least 1,000 km of driving to resolve. After more than 1,400 km, the issue not only persisted but worsened. Additionally, a crack in the windshield was noted at delivery. Toyota acknowledged the defect and agreed to replace the windshield. To date, this replacement has not been completed. In short, a lack of conformity existed from delivery. We were repeatedly told to continue driving rather than having the defect promptly repaired or the vehicle replaced. This delay worsened the damage and increased the safety risk. A new car must be delivered free from defects; it is not acceptable to deliver a defective vehicle and expect the customer to tolerate faults until they “disappear.” • Main Issues : A) Vehicle delivered with defects from the start (brake noise and cracked windshield at delivery). B) Defects persisted and worsened after driving, despite repeated inspections and reassurances that they were “normal.” C) Multiple safety and conformity defects confirmed by Toyota technicians in reports (14 July 2025 and 31 July 2025). D) Contradictions and downplaying of defects in later reports. E) Requests for vehicle data history, proper dealership documentation, and Toyota official addresses have not been fulfilled. F) These defects caused significant inconvenience — including the risk of tyre blowout and loss of control — and now place my seven-month-old baby, my family, and me at ongoing risk. • Verified Defects (based on technical reports & evidence) : 1. Brake system malfunction (noise while driving and braking, deep scoring on discs) 2. Rust and corrosion (brake discs, wheels, bolts and nuts, other components) 3. Premature and excessive tyre wear, with visible separation in front tyre (safety risk) 4. Steering instability and performance issues 5. Suspension irregularities (first noted, later dismissed) 6. Misaligned panels and dashboard gaps (6–7 mm difference documented) 7. Defective seatbelt cover 8. Defective roof rail plastic covers 9. Excessive fibre shedding from floor mats (safety risk for child) 10. Shark antenna defect Brake malfunction, rust/corrosion, premature and excessive tyre wear with visible separation in front tyre and steering instability are not isolated issues but directly affect each other. Together they create a high risk of reduced braking performance, steering loss, and overall loss of vehicle control. • Contradictions in Toyota Portugal Reports : Brakes: “Malfunction” → “Deep scoring” → “Superficial scoring” Tyres: “Shoulder wear” → “Slight wear” → “Not sufficient to explain wear” (despite deep visible wear & separation) Steering: “Tilted” → “Slight tilt” Body panels: “Irregular gaps” → “Slight asymmetries” → “Within tolerance” (but technician measurements show 6–7 mm gap, not within tolerance) • Consumer Law Basis : Portuguese Decreto-Lei n.º 84/2021 EU Directive 2019/771 Both require vehicles to be free of defects at delivery, fit for purpose, and provide remedies for lack of conformity (termination of contract and refund). • Requested Remedies : 1.Termination of contract and Full refund of the vehicle purchase price, maintenance contract, taxes, and related costs. 2. Reasonable compensation for distress, inconvenience, and safety risks. 3. Written acknowledgment of defects and apology. 4. Correction of dealership documentation (sale via Cascais, not Alfragide). 5. Delivery of complete vehicle data history. “I kindly request that DECO facilitate an independent technical inspection of the vehicle, preferably at no cost to me, in order to provide an impartial assessment of the defects.” Summary: Toyota Portugal sold a defective vehicle, confirmed defects in official reports, later minimized or reclassified them, and has not provided a proper remedy. These defects pose ongoing safety risks to my family and breach Portuguese and EU consumer law. Supporting documents attached: purchase deeds, insurance, complaint letters, technical reports, photos, and final refund and compensation request. Sincerely, M.S.

Mensagens (3)

Toyota Caetano Portugal, S.A.

Para: M. S.

24/09/2025

Dear Mrs. Mina Sami, We acknowledge receipt of your communication submitted through the Complaints Book, DECO and Toyota Motor Europe. In line with our obligations, we are copying this reply to the entities you have addressed, in order to ensure full transparency. We regret that your experience with your Toyota has not met your expectations and assure you that your concerns have been carefully reviewed. As already communicated in our detailed response of 2 September, and following the inspection carried out by our authorized workshop in the presence of your husband, all the matters you reported were duly verified. We confirm that the identified points fall within the scope of the manufacturer’s warranty. The contractual warranty exists precisely to ensure the correction, without cost to the customer, of any anomalies attribu to product origin. It is also important to clarify the following: The concerns raised are covered by the warranty and will be repaired without any charge. These circumstances do not constitute legal grounds for contract termination or reimbursement, since the vehicle is roadworthy, safe and repairable. Resolution of the matter necessarily depends on presentation of the Toyota for warranty repair, as this is the contractually and legally valid mechanism for addressing the reported issues. Accordingly, we invite you to schedule the warranty repair with the authorized dealership, where all covered items will be duly corrected at no expense. Should you decide not to proceed with the warranty repair, we must clarify that, within the applicable legal and contractual framework, no other solution is available. Notwithstanding, we remain at your disposal to assist you should you opt to move forward with the repair process. We remain fully committed to supporting you throughout the warranty process and to ensuring that every step is handled with transparency, diligence, and the care you deserve. Best regards, ____________________ Customer Relations Marketing Customer Experience Division Toyota Caetano Portugal Av. Vasco da Gama, 1410 4430-247 Vila Nova de Gaia Linha de Apoio: + 351 912 221010

M. S.

Para: Toyota Caetano Portugal, S.A.

01/10/2025

Dear Customer Relations Team, I acknowledge Toyota Caetano Portugal’s reply regarding my complaint (Toyota C-HR Hybrid Comfort, BN-62-NB, VIN: JTPAAAAA60R070793). However, I must firmly reject their position. This is not a simple warranty case. At delivery, the vehicle already showed visible defects: scratches on the windshield and abnormal brake system noise. Toyota staff acknowledged both issues. They promised to replace the windshield within two weeks, but to date this has not been done. As for the brake system noise, Toyota staff told us this was “NORMAL” and would disappear after driving for a while. After about 600 km, the noise persisted, and my husband and I returned the vehicle. Again, we were told it was “NORMAL,” asked to trust them, and instructed to drive more. After about 1000 km, the brake system noise became worse. When we returned the vehicle again, Toyota staff once more repeated that it was “NORMAL” and insisted we continue driving. This misrepresentation prevented us from rejecting the vehicle immediately, despite the defects being present at delivery. In addition, further hidden defects became evident (corrosion, tyre damage with visible separation, steering and suspension issues, and body assembly defects), which were later confirmed during Toyota Caetano Portugal technician inspection. Taken together, these issues demonstrate that the vehicle suffered from a lack of conformity at the time of delivery. Under EU Directive 2019/771 and Portuguese Law 84/2021, when a product is delivered with such a lack of conformity, the consumer is entitled to terminate the contract and request a refund, even if a warranty exists. We have already returned the vehicle multiple times, yet the defects persisted and worsened. Repeated repair invitations do not change the fact that the car was non-conforming at delivery. Your claim that the vehicle is “roadworthy” contradicts the documented safety risks. I therefore maintain my legal position based on my original complaint. Best regards, Mina Samii

Assistência solicitada 01 outubro 2025

Toyota Caetano Portugal, S.A.

Para: M. S.

06/10/2025

Dear Mrs. Mina Sami, Following the numerous communications and our continued efforts to reach an amicable resolution, we find ourselves limited in the response we can provide at this stage. We have already expressed our sincere apologies for the natural inconveniences reported. However, despite several attempts to schedule diagnostic and warranty repair appointments for the reported issues, these have repeatedly been declined by you. We also note that your authorization for any diagnostic has been expressly conditioned to your husband’s presence and that no repair work was authorized. We wish to emphasize that your Toyota remains fully covered under the manufacturer’s warranty, and the execution of any warranty repair requires your cooperation and consent. Continuing to exchange written correspondence alone cannot lead to a technical resolution of your concerns. Our team’s intention from the beginning has always been to listen to you carefully and to resolve the issues under warranty as soon as possible. Therefore, we kindly reiterate our apologies for any previous miscommunication and respectfully invite you once again to authorize the warranty repairs so that you may fully enjoy your Toyota. Thank you for your understanding and cooperation. We remain at your disposal to schedule the repair appointment at your earliest convenience. Best regards, ____________________ Customer Relations Marketing Customer Experience Division Toyota Caetano Portugal Av. Vasco da Gama, 1410 4430-247 Vila Nova de Gaia Linha de Apoio: + 351 912 221010 De: Relação Clientes - TCAP relacao.clientes@toyotacaetano.pt Enviada: 24 de setembro de 2025 19:49 Para: Mina Samii mina.samii89@gmail.com Cc: correio.asae@asae.pt; ; customer relations customer.relations@toyota-europe.com Assunto: Complaint Toyota C-HR BN62NB ROR00000000045377919 Dear Mrs. Mina Sami, We acknowledge receipt of your communication submitted through the Complaints Book, DECO and Toyota Motor Europe. In line with our obligations, we are copying this reply to the entities you have addressed, in order to ensure full transparency. We regret that your experience with your Toyota has not met your expectations and assure you that your concerns have been carefully reviewed. As already communicated in our detailed response of 2 September, and following the inspection carried out by our authorized workshop in the presence of your husband, all the matters you reported were duly verified. We confirm that the identified points fall within the scope of the manufacturer’s warranty. The contractual warranty exists precisely to ensure the correction, without cost to the customer, of any anomalies attribu to product origin. It is also important to clarify the following: The concerns raised are covered by the warranty and will be repaired without any charge. These circumstances do not constitute legal grounds for contract termination or reimbursement, since the vehicle is roadworthy, safe and repairable. Resolution of the matter necessarily depends on presentation of the Toyota for warranty repair, as this is the contractually and legally valid mechanism for addressing the reported issues. Accordingly, we invite you to schedule the warranty repair with the authorized dealership, where all covered items will be duly corrected at no expense. Should you decide not to proceed with the warranty repair, we must clarify that, within the applicable legal and contractual framework, no other solution is available. Notwithstanding, we remain at your disposal to assist you should you opt to move forward with the repair process. We remain fully committed to supporting you throughout the warranty process and to ensuring that every step is handled with transparency, diligence, and the care you deserve. Best regards, ____________________ Customer Relations Marketing Customer Experience Division Toyota Caetano Portugal Av. Vasco da Gama, 1410 4430-247 Vila Nova de Gaia Linha de Apoio: + 351 912 221010 De: Relação Clientes - TCAP relacao.clientes@toyotacaetano.pt Enviada: 2 de setembro de 2025 17:05 Para: Mina Samii mina.samii89@gmail.com Cc: Catia Cruz cscruz@caetanoauto.pt Assunto: FW: Final Demand – Toyota C-HR Hybrid Comfort, VIN: JTPAAAAA60R070793 Dear Mina Samii, Thank you very much for your detailed communication. We sincerely regret that your experience with both your vehicle and our dealership has not met your expectations. We have carefully reviewed your case, including the assessment carried out by our workshop and validated by our Technical Support Team. Allow us to share with you the main findings of this analysis: Brake system: a noise was reported when braking. The inspection showed debris on the pads, which caused superficial scoring on the discs. This condition can be corrected through repair. Rust and corrosion: superficial oxidation was observed in some exposed components, such as discs and wheel nuts. This is a common occurrence in coastal environments and does not affect the safety or performance of the vehicle. Tyres: signs of premature wear were identified on the front shoulders. A minor alignment deviation was detected, although not sufficient on its own to explain the wear pattern, which, nonetheless, will be corrected. Steering: a slight tilt of the steering wheel was confirmed and is correc. Suspension: no abnormalities were detected during testing. Antenna: the rubber seal of the “shark” antenna was not correctly positioned and will be adjusted. Rear window defogger: the system was functioning correctly at the time of inspection, with no faults recorded. Seatbelt trim: the central rear trim was found to be consistent with the design of the model. Body panels and interior trim: asymmetrical gaps were noted, which correspond to manufacturing tolerances observed in similar vehicles. Floor mats: the pilling reported corresponds to normal use characteristics of fabric mats. Importantly, we confirm that none of these findings compromise the safety, integrity, or performance of the vehicle. The issues reported are repairable, and those covered by the manufacturer’s warranty will be addressed promptly and without cost to you. The only situation that would normally imply an additional cost concerns the replacement of the fabric floor mats with rubber mats. However, following validation with our dealership, we are pleased to inform you that these will be offered to you as a goodwill gesture from the dealership. We acknowledge that certain aspects, such as the windshield replacement identified at the time of delivery, should have been resolved sooner. We sincerely apologize for this delay and assure you it will be addressed immediately. It is also important to clarify that, under the applicable consumer law, these circumstances do not constitute grounds for termination of the sales contract or entitlement to a full refund of the vehicle and associated costs. The vehicle remains safe and fit for use, and the most effective solution is to proceed with the necessary repairs. We fully understand your dissatisfaction and the impact this situation has had on your trust. Please rest assured that our commitment is to resolve your concerns with transparency and professionalism. We remain at your entire disposal to accompany you closely throughout this process and to ensure that every step is handled with the care and attention you deserve. Best regards, ____________________ Relação com Clientes Divisão de Marketing e Experiência do Cliente Toyota Caetano Portugal Av. Vasco da Gama, 1410 4430-247 Vila Nova de Gaia Linha de Apoio: + 351 912 221 010 De: Mina Samii mina.samii89@gmail.com Enviada: 14 de agosto de 2025 16:02 Para: Relação Clientes - TCAP relacao.clientes@toyotacaetano.pt; Catia Cruz cscruz@caetanoauto.pt; Geral Toyota Caetano - TCAP toyota@toyotacaetano.pt Assunto: Final Demand – Toyota C-HR Hybrid Comfort, VIN: JTPAAAAA60R070793 Some people who received this message don't often get email from mina.samii89@gmail.com. Learn why this is important Atenção: Este e-mail vem de fora da nossa organização. Não clique em links ou abra anexos, a menos que reconheça o remetente e saiba que o conteúdo é seguro. Dear Sir/Madam, Please find attached my final formal demand for a full refund and termination of the sales contract for my Toyota C-HR Hybrid Comfort, VIN: JTPAAAAA60R070793. This letter has also been sent today by registered post with acknowledgment of receipt. You have 7 calendar days from receipt to confirm in writing the refund approval, payment date, and vehicle return procedure. Failure to do so will result in immediate escalation to the relevant Portuguese and European authorities, Toyota Europe, Toyota Motor Corporation (Japan), the media, and legal counsel. For your convenience, I have also attached proof of my IBAN details to be used for the refund transfer. Attachments: • Final Demand Letter – Toyota C-HR Hybrid Comfort.pdf • Proof of IBAN Details.pdf Sincerely, Mina Samii


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