What are our rights after recently purchased car is faulty?

hoyteam

Hi,

We recently bought a Nissan from a Toyota dealer and within 30 minutes of driving off in it a light came on indicating "engine diagnostics" issues. The problem was unspecified and we took it back to the dealer. The dealer sent it off to Nissan and a week and a half later the car came back. Toyota tested it but the issue remained so they sent it back.

Assuming the dealer checked the car thoroughly the first time, and Nissan again the second time that's 2 times it's been checked and no one has determined the issue.

It is currently back at Nissan but we have no confidence in the car, what are our rights now?

The dealer told us we can't have our money back (we paid in full) because they have a legal right to have three chances to repair it. If the car comes back faulty a third time (though once was already enough for us) they are saying they can move ahead with a refund or swap it for another car. They also seem to think they wouldn't be able to give a discount on another car because of the cost of "buying the car back" from us and the paper work involved!

Any advice very much appreciated.

bigjl

hoyteam wrote: »

Hi,

We recently bought a Nissan from a Toyota dealer and within 30 minutes of driving off in it a light came on indicating "engine diagnostics" issues. The problem was unspecified and we took it back to the dealer. The dealer sent it off to Nissan and a week and a half later the car came back. Toyota tested it but the issue remained so they sent it back.

Assuming the dealer checked the car thoroughly the first time, and Nissan again the second time that's 2 times it's been checked and no one has determined the issue.

It is currently back at Nissan but we have no confidence in the car, what are our rights now?

The dealer told us we can't have our money back (we paid in full) because they have a legal right to have three chances to repair it. If the car comes back faulty a third time (though once was already enough for us) they are saying they can move ahead with a refund or swap it for another car. They also seem to think they wouldn't be able to give a discount on another car because of the cost of "buying the car back" from us and the paper work involved!

Any advice very much appreciated.

A little bit more info would help.

What kind of car?

What kind of engine?

Age?

Price paid?

Sadly with newer cars having spurious engine management lights come on is not unusual.

And it doesn't mean there is anything wrong with the car other than a dodgy sensor.

Which is why people buy OBD Dongles and Apps like Torque to be able to read and reset management lights.

hoyteam

Thanks for the reply.

It's a Nissan Micra, 2011, 13000 miles, paid £6400.

It's the fact nobody seems to know what the issue is that is causing some concern. Last thing we want is, in six months time, my wife to get stuck on the motorway with two children.

motorguy

hoyteam wrote: »

Thanks for the reply.

It's a Nissan Micra, 2011, 13000 miles, paid £6400.

It's the fact nobody seems to know what the issue is that is causing some concern. Last thing we want is, in six months time, my wife to get stuck on the motorway with two children.

They dont have a legal right to three times to repair it.

Under the Consumer Rights Act that came in to effect on 1st October, they have ONE chance to resolve.

You are fully within your rights to ask for a refund.

https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/citizens-advice-consumer-work/the-consumer-rights-act-2015/

http://www.legislation.gov.uk/ukpga/2015/15/contents

shaun_from_Africa

hoyteam wrote: »

The dealer told us we can't have our money back (we paid in full) because they have a legal right to have three chances to repair it

The first thing I would do is to speak to the dealer again and make sure that they know it is a criminal offence for them to attempt to deceive a consumer about their statutory rights.

Under the Consumer rights act:
http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted
you have the legal rights to reject faulty goods within the first 30 days and you do not have to allow the retailer any repair attempts (let alone 3 chances).

This page will give a better explanation:
http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

If they insist that they are correct, ask them what piece of legislation state this 3 repair rule.

EdGasket

They have a chance to repair it in law however I wasn't aware it was 3 chances?? Not sure if the updated sale of goods act mean you can reject it straight away as the issue occured so soon. Maybe someone else can confirm these two points?

Seems to have been answered above as I was writing.

shaun_from_Africa

motorguy wrote: »

Under the Consumer Rights Act that came in to effect on 1st October, they have ONE chance to resolve.

Provided that you are rejecting under the short term right (Up to 30 days from purchase), then you don't even have to allow one attempt at a repair.

s_b

lets be honest here if two dealerships cant trace a fault so soon after sale what chance have you got from now on in with them
get your money back now

Marktheshark

Put the rejection notice in writing and post it by recorded delivery.
Remove any doubt you served notice on them that you are rejecting the purchase due to a inherent fault.

burlington6

Drove 100,000 miles with an engine management light on a Mitsubishi canter.......never put a foot wrong

s_b

maybe the bulb wasnt connected to anything other than the battery
http://www.theguardian.com/business/2016/apr/20/mitsubishi-motors-mishandled-fuel-economy-tests