Car Trouble

wirralite

I bought a car on 16 October for my son.

On the way home there was a noticeable hum from the engine. After 2 weeks of investigation it was diagnosed independently as a power steering pump. The car is covered by Centurion Warranties, however after another week it was confirmed the repair was £850 and the claim limit on the warranty per item was £500.

I contacted the dealer, who was initially non responsive.

On 15 November, 30 days after purchasing the car I issued a rejection under the Consumer Rights Act 2015. I did so via email and immediately received a call to take the car in.

They had the car for 9 days. The first replacement part was faulty. There was a delay getting the second pump. The car was returned to us at the end of November.

Yesterday, my son reported a "gurgling" sound when he turned the wheel. Suspecting the system needed bleeding, I thought I could do it myself to save the 25 mile trip to the dealer. Looking under that car, it is covered in oil. I have not checked the level of power steering fluid, because the reservoir is difficult to reach, but I suspect this is leaking.

I am intending on returning to the dealer, however I would not want them to repair this issue as they are clearly not capable. I would like to either request a refund or an independent specialist to complete further repair at the dealers expense.

Anyone know my rights at this stage?

I paid for the car by bank transfer, however the first £200 deposit was paid on Mastercard.

cono1717

Did you inspect the car before purchasing / is it a second hand car? How soon into the journey home (the 25 miles) did the humming start?

wirralite

Yes I inspected the car , personally before purchasing it, in so much as I could. The humming sound, which turned out to be a power steering pump, started within 20 miles, however initially it sounded like an electrical issue. Over the course of a week it got louder and an independent garage inspected it to diagnose the pump.

That isn't particularly relevant though as the dealer did not dispute this and conducted a repair at their expense. However the car now, after the repair appears to be leaking power steering fluid.

It is a second hand car. 63 plate, 24,000 miles, 1.7 diesel.

cono1717

If this is definitely a dealer thus a Business to Consumer transaction then you're entitled to ask for a repair or replacement free of charge.

During the first six months after purchase it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was.
But after the first six months, the onus will be on you to prove that the fault was present from the day you purchased the car.
If the attempt at a repair or replacement is unsuccessful, you're entitled to a refund.
But the car dealer can make a deduction from the refund after the first 30 days for 'fair use'

wirralite

Yes, so where does that leave me now though.

I am aware of the consumer rights act 2015, which is why I ensured to reject the car in writing (email) explaining the reasons in detail.

They fixed the issue in that they replaced the steering pump. However the repair is now leaking oil. Does that constitute failure of the repair?

We have now had the car just shy of 2 months albeit they had it for over a week for the repair. Can they or can't they make a deduction for use in thsee circumstances.

Am I within my rights to demand a refund. Or at the very least a repair at a garage of my choice?

cono1717

Well it would constitute a different problem of which they are entitled to repair under whatever garage or location they wish so long as it doesn't cause a significant inconvenience to you (which is a grey area as to what length of time the repair is before it becomes inconvenient).

IF THEY CHOOSE to refund you, note at this moment its their choice, they can deduct an amount for current use, though I imagine that would be minimal.