Consumer rights faulty used vehicle!!!

takman

neilmcl wrote: »

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

The car broke down on the motorway with multiple warning lights so there was obviously a fault so they should have just said they want to reject it there and then when they took it back in, then the dealership could have still diagnosed the fault but would have known the OP would not accept a repair under any circumstances.

The dealership probably didn't expect the OP to be so unreasonable.

steampowered

I personally think the Op is being completely reasonable.

He or she only bought the car two weeks ago. I wouldn't be happy if the car failed so quickly after buying it either. Especially as the car broke down on the motorway.

The Op is legally entitled to get a refund within the first 30 days, and I can see why he/she wants a refund rather than messing around with a repair which will take time and may or may not work.

The dealer should just refund, he can then fix the car and sell it to someone else.

takman

steampowered wrote: »

I personally think the Op is being completely reasonable.

He or she only bought the car two weeks ago. I wouldn't be happy if the car failed so quickly after buying it either. Especially as the car broke down on the motorway.

The Op is legally entitled to get a refund within the first 30 days, and I can see why he/she wants a refund rather than messing around with a repair which will take time and may or may not work.

The dealer should just refund, he can then fix the car and sell it to someone else.

But then using that logic that means you would be happier if the injectors failed a year after you bought it and had to pay for the repair rather than it fail immediately and get it repaired under warranty?.

You need to remember this is not a brand new car we are talking about it has done 16,000 miles. If it was a brand new vehicle i would completely agree with you but when your buying second hand things do go wrong so that's why people buy from garages so that they can get it repaired.

wealdroam

takman wrote: »

But then using that logic that means you would be happier if the injectors failed a year after you bought it and had to pay for the repair rather than it fail immediately and get it repaired under warranty?.

You need to remember this is not a brand new car we are talking about it has done 16,000 miles. If it was a brand new vehicle i would completely agree with you but when your buying second hand things do go wrong so that's why people buy from garages so that they can get it repaired.

Perhaps the second part of your last sentence should read:

"that's why people buy from garages so that they can seek a remedy".

Being able to reject the vehicle is an appropriate remedy and a statutory right.

steampowered

takman wrote: »

But then using that logic that means you would be happier if the injectors failed a year after you bought it and had to pay for the repair rather than it fail immediately and get it repaired under warranty?

You need to remember this is not a brand new car we are talking about it has done 16,000 miles. If it was a brand new vehicle i would completely agree with you but when your buying second hand things do go wrong so that's why people buy from garages so that they can get it repaired.

I'm definitely no car expert, but when you buy from a garage, I'd expect the garage to check for any major problems. If really major problems are coming up just a couple of days after buying the car I'd worry.

takman

steampowered wrote: »

I'm definitely no car expert, but when you buy from a garage, I'd expect the garage to check for any major problems. If really major problems are coming up just a couple of days after buying the car I'd worry.

I wouldn't call a few injectors failing a major problem. Some components do fail without warning and there is no way to check for the problem unless they dismantle the engine and check each component, which you obviously can't expect.

takman

wealdroam wrote: »

Perhaps the second part of your last sentence should read:

"that's why people buy from garages so that they can seek a remedy".

Being able to reject the vehicle is an appropriate remedy and a statutory right.

Obviously it is their right to reject the vehicle but it seems a bit soon, they should atleast let them fix the problem.

Rejecting a vehicle with three guaranteed brand new injectors to go and buy another car which has had the original injectors in for years and thousands of miles because they want ones that work properly seems a really backwards way to do things.

Antc91

Thanks for the replies. And I'm not sure how much you know about cars but only 16,000 and injectors failing is a very serious problem and it doesn't just happen over night.
It's currently being investigated further by the finance company but I still have had no contact from the dealership.
I understand that people are saying if it's fixed then is less likely to break again etc but I have lost faith in that car.
I have spoken with mechanics and a if any of you Google 1.6 hdi injector problems then maybe you would understand why I still want to reject the car. Maybe I should of checked everything first but I didn't. I have no way of knowing about that stuff. I do find it hard to belive that it wasn't picked up on the mot/emissions test and service it had before I collected the car however.
And maybe if there was a bit if communication/ reassurance from the dealership then I'd be willing to give them the chance to fix it. But they will not talk to me.

DoaM

neilmcl wrote: »

There's little point going in all guns and dictating statue (sic) 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.

Yes he can ... section 75 of the CCA means the finance company are equally liable with the seller for the performance of the contract - including rights conferred by statute.

gravelrash

I have similar problem tried to reject used car after dealer had done bad repair and not repaired other faults ,dealer will not accept I have right to reject car the under 2015 consumer protection law. ok tried credit card company I used to buy car who say they are investigating under section 75 of consumer credit act 1974. credit card Virgin say they are exempt from 2015 law, asked for this in writing reply was the don't have the facilities to do this. I have also been told by virgin that unless I accept further repair they will close the case.
I have spoken to trading standards ,financial services ombudsman and financial services authority who all say they don't give specific legal advice or in other words they don't know .
If I have the same rights with credit supplier as trader then this should mean I can reject car from credit supplier . am I right ?