Car warranty

CoolHotCold

bris wrote: »

The key point here is that instead of rejecting the car the OP gave them a chance to fix it, so no it can't be rejected now.

I would Argue Not.

From Section 24 of the CRA

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—
(a)after one repair or one replacement, the goods do not conform to the contract;
(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or
(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer

I would argue that 5 weeks without a motor vehicle (after use of it for 6 days only) is both a significant inconvenience and not a reasonable time, and so entitled to their final right of rejection.

cameron1981

The thing is they gave the car to bmw because their guys couldn't fix it. Now after all this time bmw are saying they can't fix it. I don't know if evans halshaw is dragging their heels because it's coming down to the price it's going to cost in the end so they pulled the plug and blaming bmw. The car has been away for 5 weeks, it's an absolute joke. Even if they did "fix" it how could I trust the car? They probably just done something for a quick fix. Probably what they done with the car originally

societys_child

What do the finance co say?

cameron1981

That it had went on a bit far and if they need to step in and take over they would. I went through to halshaw today, they said they've got it back from bmw because they were wanting over £1000 but said the full problem might not be fixed. So they said they didn't see the point in paying them to "fix" it. Instead they are going to a second bmw to get another opinion on the matter. If they say the same I'll get another car or my one back if they manage to fix it. We're talking another few weeks yet if they go ahead. Now that's taking it to almost 8 weeks.

marlot

Why are you letting yourself be pushed around?

Demand a refund.

forgotmyname

BMW probably said part X is faulty, a new one is ££££.

EH have probably said company A can repair that part. BMW either refused or wanted more to remove part and send it off and have your dead car sitting there taking space or refused to fit part repaired by company A.

cameron1981

I'm within my rights to cancel due to being sold something not fit for purpose? Warranty or even by statutory rights?

RoonilWazlib_2

They had a chance to fix it and failed to do so within a reasonable time and without causing significant inconvenience (in my view and i'm sure in yours).


Use your short term right to reject. Go back to finance company and tell them this is what you expect to happen and a deadline for when (be reasonable).

cameron1981

They've had it coming on 6 weeks now. Short term reject is 30 days?

CoolHotCold

I've already stated the relevant CRA term previously, but to expand.


Section 9

(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of that kind are usually supplied;
(b) appearance and finish;
(c) freedom from minor defects;
(d) safety;
(e) durability.

(9)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
Section 10

(3)The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.

(6)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

Section 19

(3) If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—
(a) the short-term right to reject (sections 20 and 22);
(b) the right to repair or replacement (section 23); and
10
(c) the right to a price reduction or the final right to reject (sections 20 and 24).


So, the above (a) and (c) are highlighted because there are two routes to a full refund. Going down c is more wordy, so i'll just explain (a)

Section 22 Time limit for short-term right to reject

(3) The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a) ownership or (in the case of a contract for the hire of goods, a hire- purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,
(b) the goods have been delivered, and
(c) where the contract requires the trader to install the goods or take other
action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

(6) If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(7) If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—
(a) 7 days after the waiting period ends, or
(b) if later, the original time limit for exercising that right, extended by the
waiting period.

(8)The waiting period—
(a) begins with the day the consumer requests or agrees to the repair or
replacement of the goods, and
(b) ends with the day on which the consumer receives goods supplied by
the trader in response to the request or agreement.



To sum up, even though you've requested a repair, the time limit for the repair is still available. For example, say you've had 6 days of use of the vehicle and then it went away for 5 weeks on the day you requested the repair and you received it back and only had 1 more day of use. The waiting period was 5 weeks, but legally you've only had 7 days of your 30 day short timeframe to reject used, you still have 23 more days to reject the vehicle (If for example you had used it for 28 days and then requested the repair and received it back after 5 weeks you would have 7 days more (It's either 7 days or the remaining of the short timeframe to reject, whichever is greater after the waiting period (repair ) ).


So even though they've had it for 6 weeks, so long as you've not had use of it for 30 days, you are still within the Short Timeframe to reject, your "Waiting Period" hasn't even ended yet.