Right to Reject after initial replacement

foxnball

Hi,

I bought a brand new Maxda MX5 Sport Recaro on the 6th June, and within a day reported a clunking and rattling sound coming from underneath when I changed gear. After some investigation it turned out that there was a manufacturing fault with the rear diff and they agreed that they would exchange the vehicle for another, as I was otherwise happy with the model of car, but didn't want to wait for a replacement diff to be manufactured in Japan and sent to the UK for fitting.

After having picked the replacement vehicle up a few days ago, I am now faced with exactly the same problem, and believe this may well be a production fault that many vehicles are suffering from.

I am now thinking that I would be best getting rid of the car completely, and would like to know what my rights are now that I have had an exchange already (albeit for a vehicle with the same issue) . I am still well within 30 days. Mazda are unlikely to want to be as accommodating as they were the first time around!

Thanks

cono1717

Your rights are the same as they would be for a normal purchase you have 30 days to reject the goods, take a look at http://www.which.co.uk/consumer-rights/letter/letter-rejecting-a-second-hand-car-bought-from-a-dealer just change the second hand for brand new.

shaun_from_Africa

Under the Consumer rights act, you are legally entitled to reject the car and ask for a refund.
Even though you opted for a replacement after the first fault became apparent, you only have to give the retailer one chance to fix the problem and if they don't do this, you can still use your right of rejection.
One thing to bear in mind is that the dealership is entitled to make a deduction from the refund to cover the use that you have had from the car.
They may well not even consider doing this but it's worth remembering it just in case.

neilmcl

shaun_from_Africa wrote: »

Under the Consumer rights act, you are legally entitled to reject the car and ask for a refund.
Even though you opted for a replacement after the first fault became apparent, you only have to give the retailer one chance to fix the problem and if they don't do this, you can still use your right of rejection.
One thing to bear in mind is that the dealership is entitled to make a deduction from the refund to cover the use that you have had from the car.
They may well not even consider doing this but it's worth remembering it just in case.

Not sure where you're getting this from but within the first 6 months the CRA allows for a full refund.

shaun_from_Africa

neilmcl wrote: »

Not sure where you're getting this from but within the first 6 months the CRA allows for a full refund.

The full refund doesn't apply to vehicles.

(10)
No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—
(a) the goods consist of a motor vehicle, or
(b) the goods are of a description specified by order made by the Secretary of State by statutory instrument.

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

neilmcl

shaun_from_Africa wrote: »

The full refund doesn't apply to vehicles.


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

Apologies, I missed that bit but does that apply to the short-term right to reject though, I've got a feeling it only applies to the final right to reject.

bod1467

I thought with the short term right to reject the seller could make a deduction anyway, IF the goods had been used in any way/used in such a way to diminish their value?

So either way the dealer could (not will) reduce the refund amount.

neilmcl

bod1467 wrote: »

I thought with the short term right to reject the seller could make a deduction anyway, IF the goods had been used in any way/used in such a way to diminish their value?

So either way the dealer could (not will) reduce the refund amount.

No, you're thinking of distance contract rights under the CCRs.

foxnball

Thanks for the replies. Much appreciated.

I'm just wondering, if Mazda decide that they are suddenly "blind" to the fault, and claim that everything is fine. Do I have to go about proving that there is a fault with the replacement (perhaps via a 3rd party vehicle specialist) , or is the fact that I had the initial issue with the original vehicle enough to reject the agreement?

Thanks.

neilmcl

As you're using the short-term right to reject the onus will be on you to prove that a fault exists and it is inherent to manufacturer. I'd wait until you hear what the dealer/manufacturer say about this replacement car but be aware you may need to go down the route of proving that it has the same fault as before.

foxnball

Thanks neilmcl, very helpful advice.