Consumer rights faulty used vehicle!!!

shaun_from_Africa

Hintza wrote: »

You are being unreasonable OP, you should give them the opportunity to repair the car if that doesn't work then you have a case.

So you honestly think that someone is being unreasonable if they are attempting to resolve a problem using the rights granted to them under UK law?

Antc91

Thankyou for the helpful replies! I am going to put everything on paper with templates provided by CAB.
I don't think I am being unreasonable, after having a car I'm paying over 10k for to break down after 6 days is not ideal, and the lack of communication from the dealership who still haven't got back to me since Monday has topped it off, I no longer trust them, or the car.

arcon5

They collected the vehicle with a view of repairing it as it had broken down only a number of days after purchasing it. You didn't at this point tell them you do not want it repairing but want a refund.

Seems obvious to me that you've allowed them an opportunity to resolve the fault.

shaun_from_Africa

arcon5 wrote: »

They collected the vehicle with a view of repairing it as it had broken down only a number of days after purchasing it. You didn't at this point tell them you do not want it repairing but want a refund.

Seems obvious to me that you've allowed them an opportunity to resolve the fault.

Obvious to you maybe but that it not what the OP stated.

Antc91 wrote: »

Contacted the dealership they said on the Monday they will collect and get a diagnostic check and we will go from there.
So they collect the car, and tell us they are taking it to a certain garage to find out what the fault is.
Gave them a call later that day and they say it's at the garage when they hear anything they will let us know.

I would say that it was obvious that the OP didn't give the go ahead for a repair, rather they only wanted to find out what the problem was before deciding how to proceed.

neilmcl

steampowered wrote: »

The Consumer Rights Act is quite clear that you are entitled to a full refund if you are rejecting the good within 30 days.

As the fault arose within 30 days, you do not need to give the dealer a chance to repair the car.

For now, I would explain again to the finance company and the dealer in writing (by email or letter - not over the phone) that you are exercising your statutory right to reject the car and expect a full refund.

See http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act and http://www.whatcar.com/news/consumer-rights-act-2015-new-consumer-law-will-help/.

There's little point going in all guns and dictating statue to everyone concerned. As I mentioned earlier, the OP doesn't own the car so he can't legally reject it, he has to work with the finance co. to do so.

neilmcl

Antc91 wrote: »

Thankyou for the helpful replies! I am going to put everything on paper with templates provided by CAB.
I don't think I am being unreasonable, after having a car I'm paying over 10k for to break down after 6 days is not ideal, and the lack of communication from the dealership who still haven't got back to me since Monday has topped it off, I no longer trust them, or the car.

All you need to do is to make it clear to the finance co. that the dealership haven't in fact started a repair and you wish them to reject the vehicle.

bris

neilmcl wrote: »

All you need to do is to make it clear to the finance co. that the dealership haven't in fact started a repair and you wish them to reject the vehicle.

Too late now. The dealership and the finance co are under the impression they garage was given the go ahead to repair the car. This stands unless the OP can convince them that not such intention was ever made to them.


The few days that passed doesn't help the claim, as it will look like they did give the garage a chance to fix it before changing their mind.

Antc91

Yes bris this is the exact issue. But my argument is that I contacted the finance company the same day the dealership collected the car to find out what was wrong with it.
It's not my fault it takes 5 days for them to process it, they even assured me that it's all been noted down as of that day that I wanted to reject the car.
And the dealership in my opinion know the game. That's why even still now have heard nothing from them. They wont answer the phone. I have had to ring around the garages myself. They know full well if they fix the car it makes rejecting it alot harder. My partner called them the day after they collected the car to tell them as they hadn't bothered letting us know about the problem and we have found out its a pretty serious one we will be rejecting the car.
They knew our intentions and are doing everything they can to worm their way out of it.

takman

Antc91 wrote: »

Yes bris this is the exact issue. But my argument is that I contacted the finance company the same day the dealership collected the car to find out what was wrong with it.
It's not my fault it takes 5 days for them to process it, they even assured me that it's all been noted down as of that day that I wanted to reject the car.
And the dealership in my opinion know the game. That's why even still now have heard nothing from them. They wont answer the phone. I have had to ring around the garages myself. They know full well if they fix the car it makes rejecting it alot harder. My partner called them the day after they collected the car to tell them as they hadn't bothered letting us know about the problem and we have found out its a pretty serious one we will be rejecting the car.
They knew our intentions and are doing everything they can to worm their way out of it.

I dont understand why you even let them diagnose the problem if you wanted to reject the car, you should have just took it back and rejected it there and then. I wouldn't say changing 3 injectors is a serious problem and this car has 3 new injectors so they won't cause any trouble again. If go and buy another car it will have 4 older injectors so it's more likely to go wrong then this one.

neilmcl

takman wrote: »

I dont understand why you even let them diagnose the problem if you wanted to reject the car, you should have just took it back and rejected it there and then. I wouldn't say changing 3 injectors is a serious problem and this car has 3 new injectors so they won't cause any trouble again. If go and buy another car it will have 4 older injectors so it's more likely to go wrong then this one.

Because he has no choice in the matter. You have to give the seller the opportunity to diagnose that a fault exists.