Right to reject car that breaks down every week?

vancreef

Hi. We sent the letter of rejection four weeks ago Wednesday just gone. I think it was at that point that the cehicle had broken down for the 4th time and we had finally had enough of it. I'm unsure as to when I cn take this to an Ombudsman as Trading Standards are stating that TFS have 8 weeks to sort the issue but TFS did say that they would have a response back to us in writing within 4 weeks, which has now passed and we've had nothing. When I looked on the Motoring Ombudsman website they ask that you attach a copy of their letter with your complaint but as of yet they are only telling us to get lost verbally.

neilmcl

You don't need to wait, you've given them enough time to. Contact FOS now.

vancreef

Just given FOS a call and they have logged it for now and advised that we need TFS' answer in writing, which at the moment we're not getting despite them saying that they would have a response out asap and wouldn't make us wait 8 weeks.

neilmcl

The the next thing you can is write to TFS and state that you've informed the FOS and expect a written response from them (TFS) regarding your rejection of the vehicle within 7 days. You have to keep the pressure on and keep it formal.

vancreef

neilmcl wrote: »

The the next thing you can is write to TFS and state that you've informed the FOS and expect a written response from them (TFS) regarding your rejection of the vehicle within 7 days. You have to keep the pressure on and keep it formal.

Thanks Neil.
Our email will go off to TFS first thing Monday morning.
Lee.

Annie35

Hello op, can i ask where you got the info you have a right to reject from? i always thought the CRA is clear the RTR is within the first 30 days of purchase & issues after 6 months its the buyers responsibility to prove the fault was there at purchase. It reads the faults started after a year?

neilmcl

Annie35 wrote: »

Hello op, can i ask where you got the info you have a right to reject from? i always thought the CRA is clear the RTR is within the first 30 days of purchase & issues after 6 months its the buyers responsibility to prove the fault was there at purchase. It reads the faults started after a year?

I must admit I hadn't noticed the time line, for some reason I thought the issues came shortly after purchase. Having said that, it is true that you have a "short-term" right to reject for 30 days however after this you also have a final right to reject should any attempt to repair fail.

Annie35

neilmcl wrote: »

I must admit I hadn't noticed the time line, for some reason I thought the issues came shortly after purchase. Having said that, it is true that you have a "short-term" right to reject for 30 days however after this you also have a final right to reject should any attempt to repair fail.

I reckon the final right to reject is limited upto 6 months, after that the buyer needs to prove the fault existed at purchase, obviously running fine for a year doesnt support that.

Also if the fix has been done under warrenty it hasnt been done under the CRA so you couldnt reject it anyway (having not gone through the process) but then i dont think the right to reject applies here in any case. (not a professional here, partner is a car dealer & its hot topic on car forums)

KeithP

Annie35 wrote: »

I reckon the final right to reject is limited upto 6 months, after that the buyer needs to prove the fault existed at purchase, obviously running fine for a year doesnt support that.

I cannot see anything in the CRA that restricts the final right to reject to six months following the sale.

In fact Section 24 of The CRA tells us that any refund due in the case if a final right to reject can be reduced to take account of the use the consumer has had.
Other parts of the CRA tell us that no such reduction can be made during the first six months*, so it must be possible to exercise the final right to reject after six months.

Unless there is anything in The CRA restricting the final right to reject, then it must apply for six years at least.



*except in the case of vehicles.

neilmcl

Annie35 wrote: »

I reckon the final right to reject is limited upto 6 months, after that the buyer needs to prove the fault existed at purchase, obviously running fine for a year doesnt support that.

Also if the fix has been done under warrenty it hasnt been done under the CRA so you couldnt reject it anyway (having not gone through the process) but then i dont think the right to reject applies here in any case. (not a professional here, partner is a car dealer & its hot topic on car forums)

The only limitation put on the final right to reject after 6 months is that you can't expect a full refund, whereas under 6 months you can. However this is irrelevant when to comes to vehicle purchases as even below 6 months any refund can take into affect the usage you've had from the vehicle.

Having a repair under warranty makes no odds in this instance particularly as the seller is the one carrying out the repair. Also, on a final note it makes little difference anyway because the OP is attempting to reject the vehicle from the finance company.