2nd Hand Car - Short Term Right To Reject

Sheffield_Blue

Has anyone got any experience on returning a car and getting a full refund under the consumer rights act 2015? I am currently in a dispute with a dealer over a car which I purchased on 21st December 2015 and I would be interested in hearing other experiences and from anyone who can recommend a solicitor who specialises in consumer law.

m0bov

Depends on the faulty, how you paid for it, condition it was in when you took ownership etc.

Sheffield_Blue

Within hours of collection the vehicle the engine management light came on, two faults were found, 1 relating to the air con, the other the catalytic converter. I then took the car two a main dealer who did a full check and found five faults in total and gave a full diagnostic for the two faults relating to the engine management light, in addition there is a problem with the gearbox when selecting 2nd gear. In total there are six faults ranging from very serious to minor.

I paid by debit card but the co-op bank have been less than helpful.

tykesi

And you didn't notice any of these before you bought it?

neilmcl

And the age and advertised condition of the car?

Sheffield_Blue

tykesi wrote: »

And you didn't notice any of these before you bought it?

The management light was not on when I collected it, I suspect the dealer re-set it. The problem with 2nd gear is intermittent, consistent with a syncromesh problem (so a specialist as informed me), the car passed an MOT (at the dealers own garage) on the Friday as I collected on the Monday so I didn't think of checking the lights! The fault with the front lamp only occurred when it rained, so in summary I could not to be expected to have noticed these faults.

neilmcl

Do you want to answer my post #5 please?

Sheffield_Blue

neilmcl wrote: »

And the age and advertised condition of the car?

2008 and described as Excellent condition.

neilmcl

OK so it's at least 7 years old so faults consistent with it's age are allowed. As the law goes if you want to exercise you short-term right to reject the onus will be on you to prove that any other fault existed at the time of sale.

This was taken from advice given on a legal site - "the customer has to prove there is a current fault which was not brought to their attention prior to the sale and is not something which ought to have been obvious when the customer viewed the car. That fault has to render the car either not of satisfactory quality (taking into account mileage, age price paid etc), not fit for purpose or not as described."

Sheffield_Blue

neilmcl wrote: »

OK so it's at least 7 years old so faults consistent with it's age are allowed. As the law goes if you want to exercise you short-term right to reject the onus will be on you to prove that any other fault existed at the time of sale.

This was taken from advice given on a legal site - "the customer has to prove there is a current fault which was not brought to their attention prior to the sale and is not something which ought to have been obvious when the customer viewed the car. That fault has to render the car either not of satisfactory quality (taking into account mileage, age price paid etc), not fit for purpose or not as described."

Faults consistent with the age are allowed as long a the trader points out these faults exist. This information is taken from citizens advice;

You’re legally entitled to your money back or a repair if the car is faulty
‘Faulty’ means the car is not:

‘of satisfactory quality’ - it should do what you’d expect for its age, price and type
‘fit for purpose’ - eg if you asked for a car that would pull a caravan, it has to be able to do that
‘as described’ - it has to match the advert or the description the trader gave you
If the problem fits into at least one of these categories, take it back to the trader before 20 January 2016 to get a full refund. You have longer if you only want a repair - and if the trader takes too long (or it causes you too much inconvenience), you’ll still be entitled to a refund.

Think about whether the problem is likely to lead to bigger issues when you’re deciding whether you’d rather get a repair or a refund.

If the problem doesn’t need fixing (for example there’s a dent), you might want to ask the trader for a discount instead.

If the fault means you can’t drive the car, you should ask the trader to come and collect it at their own cost. You shouldn’t have to pay, so long as the car is actually faulty.

So thanks for the reply neilmcl but I dont think you have a clue what you are on about. My question in my original post is to hear other peoples experiences under the 'short term right to reject'

PCMcGarry

Sheffield_Blue wrote: »

Faults consistent with the age are allowed as long a the trader points out these faults exist. This information is taken from citizens advice;

You’re legally entitled to your money back or a repair if the car is faulty
‘Faulty’ means the car is not:

‘of satisfactory quality’ - it should do what you’d expect for its age, price and type
‘fit for purpose’ - eg if you asked for a car that would pull a caravan, it has to be able to do that
‘as described’ - it has to match the advert or the description the trader gave you
If the problem fits into at least one of these categories, take it back to the trader before 20 January 2016 to get a full refund. You have longer if you only want a repair - and if the trader takes too long (or it causes you too much inconvenience), you’ll still be entitled to a refund.

Think about whether the problem is likely to lead to bigger issues when you’re deciding whether you’d rather get a repair or a refund.

If the problem doesn’t need fixing (for example there’s a dent), you might want to ask the trader for a discount instead.

If the fault means you can’t drive the car, you should ask the trader to come and collect it at their own cost. You shouldn’t have to pay, so long as the car is actually faulty.

So thanks for the reply neilmcl but I dont think you have a clue what you are on about. My question in my original post is to hear other peoples experiences under the 'short term right to reject'

Is it a good idea to slag people off who are trying to help you?

The thing is the act you are trying to reject the car under came in on 1st October 2015. How many members do you thing have bought a problem car since that date and have successfully rejected it?