Sold a faulty car - Consumer Rights Act 2015

Ectophile

AM_Malcolm wrote: »

Yes I paid by a VISA debit card. The bank is subscribed to chargeback service but they said I have to wait for the 14 days to pass first.

The dealer had me sign a checklist that the car was in good condition when I collected. Obviously the faults showed up after subjecting thr car to more use than just a short test drive. Could this be satisfactory evidence in court that the faults were not present at the point of sale?

Not really, no. There could be any number of latent faults that would be impossible to see looking at the outside of the car.

AM_Malcolm

Hi. An update.

The dealership manager has replied today with a lengthy email and in summary he says the following:

- He has performed extensive road testing over 3 days, the operation of the vehicle including the handbrake was as it should be and no faults were found to be present.
- There initial diagnostics when I brought in the car for repair showed a fault in the electronic handbrake but this is no longer present.
- They took the car to the main dealership and paid for a health check and this has concluded that the fault had been caused by a drop in voltage in cars battery which could have been due to lack of driving (even though I had the car for only a few hours before the problem occurred) or using features without having the engine on.
- Main dealership have suggested an overnight battery charge, however before I received the vehicle their own technicians checked the battery and it was within the required parameters.
- It has been deemed that there are no grounds for my rejection and I am lucky to have the peace of mind that the vehicle underwent two separate inspections. He added that they are always available to help should any other issues occur and that I have the backing of a good warranty.
- I should call to arrange a suitable collection time for the car from his showroom.

Given what he has said above, do I still have grounds to continue with my rejection under the consumer rights act 2015?

If I continue with my right to reject the car and he insists on not refunding and the issue ends up in small claims court, will this end up being a lengthy time and effort consuming process with a possibility I might not win my case and end up loosing? Would I be better off just taking the car back and replacing the battery while stating I will reserve my right to reject the vehicle if these issues happen again after battery replacement?

I would greatly appreciate advice and opinions.

AM_Malcolm

The dealership manager has replied today with a lengthy email and in summary he says the following:

- He has performed extensive road testing over 3 days, the operation of the vehicle including the handbrake was as it should be and no faults were found to be present.
- There initial diagnostics when I brought in the car for repair showed a fault in the electronic handbrake but this is no longer present.
- They took the car to the main dealership and paid for a health check and this has concluded that the fault had been caused by a drop in voltage in cars battery which could have been due to lack of driving (even though I had the car for only a few hours before the problem occurred) or using features without having the engine on.
- Main dealership have suggested an overnight battery charge, however before I received the vehicle their own technicians checked the battery and it was within the required parameters.
- It has been deemed that there are no grounds for my rejection and I am lucky to have the peace of mind that the vehicle underwent two separate inspections. He added that they are always available to help should any other issues occur and that I have the backing of a good warranty.
- I should call to arrange a suitable collection time for the car from his showroom.

Given what he has said above, do I still have grounds to continue with my rejection under the consumer rights act 2015?

If I continue with my right to reject the car and he insists on not refunding and the issue ends up in small claims court, will this end up being a lengthy time and effort consuming process with a possibility I might not win my case and end up loosing? Would I be better off just taking the car back and replacing the battery while stating I will reserve my right to reject the vehicle if these issues happen again after battery replacement?

I would greatly appreciate advice and opinions.

neilmcl

AM_Malcolm wrote: »

Given what he has said above, do I still have grounds to continue with my rejection under the consumer rights act 2015?

If I continue with my right to reject the car and he insists on not refunding and the issue ends up in small claims court, will this end up being a lengthy time and effort consuming process with a possibility I might not win my case and end up loosing? Would I be better off just taking the car back and replacing the battery while stating I will reserve my right to reject the vehicle if these issues happen again after battery replacement?

I would greatly appreciate advice and opinions.

Not unless a fault still exists. You don't need to tell them that you reserve your right to reject, this is enshrined in law should the fault manifest itself again. If it does then take it to the main dealer first so they can diagnose the fault properly.

It might be an idea to get a new battery though.

This highlights why I'll never buy a car with an electronic handbrake if I can help it.

ess0two

As above get them to replace the battery, or are they using it as a excuse?

AM_Malcolm

I emailed the dealer back stating that I would be happy accepting the vehicle if we could mutually agree a few reasonable requests. I told him I will change the battery myself, I would like a copy of the main dealers diagnostics, I would like to test drive the car to ensure myself that the fault doesn't happen, and I would be rejecting the vehicle again should these faults happenagain following battery replacement.

He replied with the following:

"I will not afford you any additional rights, nor shall I provide you with a report that I have been forced into paying for to protect the interests of my company as a direct result of your entirely unreasonable behaviour. Your vehicle shall be returned to your home address on Monday if you have not collected it by then."

Any ideas as to how I should approach this from now on?

neilmcl

As I already stated there's not much more to expect if no fault exists. Take the the car and move on, of course if the same fault returns then you have the choice of rejecting it at a later date. Not sure what more you're expecting tbh.

AM_Malcolm

Thanks for your advice neil.

I have not replied to his rude email and I went this morning to collect the car. As soon as I switched it on the electronic handbrake fault showed again, without even driving it. The manager was not present but one of his staff (the guy who sold me the car) was called and he inspected the fault. I asked him if he wants me to take the car away now with the fault currently existing and he was a decent enough guy to say I'ld rather you not take it if its faulty. I took timed and dated photos and emailed the manager to document what has happened.

Its either the manager is a liar or there is a dodgy fault that remains undiscovered. I've only purchased this car 2 weeks ago and it spent 10 days out of those 2 weeks with the dealer.

Any other thoughts?

PabloM

There are probably better qualified people than me on here but my understanding of the new consumer legislation that came in on 1st October last year is that anything you buy must be of merchantable quality and you have 30 days to reject if it's not fit for purpose.
From what you say, and seemingly supported by the salesman, that is the case here so you have every right to reject and request a full refund.
Are you a member of RAC or AA as they may be able to assist you or it might be worth paying them to carry out an independent check on the vehicle. If not DEKRA do such reports and you could tell the garage you are getting them to do an independent report to see if the vehicle is fit for purpose, and hopefully they should abide by that. If they refuse and the report says the vehicle has faults then you should have a good case to sue.

neilmcl

AM_Malcolm wrote: »

Thanks for your advice neil.

I have not replied to his rude email and I went this morning to collect the car. As soon as I switched it on the electronic handbrake fault showed again, without even driving it. The manager was not present but one of his staff (the guy who sold me the car) was called and he inspected the fault. I asked him if he wants me to take the car away now with the fault currently existing and he was a decent enough guy to say I'ld rather you not take it if its faulty. I took timed and dated photos and emailed the manager to document what has happened.

Its either the manager is a liar or there is a dodgy fault that remains undiscovered. I've only purchased this car 2 weeks ago and it spent 10 days out of those 2 weeks with the dealer.

Any other thoughts?

Yes, why didn't you reject the car there and then?