Car rejection

Cookietree

I've decided to reject my car within the six months timeframe using the Consumers Rights Act 'not fit for purpose'.

Car bought sept 2017, airbag light intermittent fault, now with dealership for the last 3 weeks waiting fix on its 3rd repair.
(Car still under warranty)

Does anyone know how this will my credit score?
It's currently part financed using PCP.

In addtion as only having the car less that 6 months and put on 4000 miles, what reasonable deductions the dealer can make?

And last, full refund includes part exchange & deposit, would it also include the cost Iceland out for gap insurance?

Thanks to all

soolin

Cookietree wrote: »

I've decided to reject my car within the six months timeframe using the Consumers Rights Act 'not fit for purpose'.

Car bought sept 2017, airbag light intermittent fault, now with dealership for the last 3 weeks waiting fix on its 3rd repair.
(Car still under warranty)

Does anyone know how this will my credit score?
It's currently part financed using PCP.

In addtion as only having the car less that 6 months and put on 4000 miles, what reasonable deductions the dealer can make?

And last, full refund includes part exchange & deposit, would it also include the cost Iceland out for gap insurance?

Thanks to all

Just to clarify your time line, if you bought it in September 2017 then you have had the car for more than 6 months already.

neilmcl

It won have any effect on your "credit score". Are you speaking to the finance co. about rejecting the car, don't forget it is their car, not yours.

The six months you are referring to is simply the time period in which the assumption is that the fault was present at the time of sale, unless the dealer can prove otherwise, after 6 months the onus is on your to prove the fault existed at the time, it has no effect on whether you can reject the car or not. You are well within your right to reject the car as they're only allowed a single attempt to repair.

There's no set rules regarding how much they can charge other than it can only be an appropriate, fair amount for usage. Might be worth working out how much a short term lease would be for a similar car over this period.

AdrianC

soolin wrote: »

Just to clarify your time line, if you bought it in September 2017 then you have had the car for more than 6 months already.

...but it may have been just within at the time the fault was first notified.


The six month date is a cut-off for the onus on presumption of the fault's presence at the time of purchase. Within that time, the presumption is that it was present. Outside, the presumption is that it was not. Either way, if it can be proven otherwise, then fine. Three attempts at repairing an intermittent fault within the first six months? It was present. But they've already accepted that with the attempts at repair...


You say the car is "still under warranty" - how hold is it? Is this the manufacturer's warranty or an aftermarket? Not that it makes much difference, other than who would cover the costs if the supplier did not accept their statutory right to fix it, which they seem to be.


So the question is just one about rejection after three attempts to fix. Well, two so far.


What are reasonable deductions? The depreciation after six months and 4k miles, basically. They obviously can't return the car you PXd, so they would refund the equivalent value. No, it would not include the cost of the gap insurance or any other costs outside of the actual purchase of the car.

neilmcl

AdrianC wrote: »

What are reasonable deductions? The depreciation after six months and 4k miles, basically. They obviously can't return the car you PXd, so they would refund the equivalent value. No, it would not include the cost of the gap insurance or any other costs outside of the actual purchase of the car.

No absolutely not!

They are only allowed to charge for fair usage, they cannot take into account depreciation or how much the car is worth 6 months down the line.

Cookietree

Appreciate all your replies.
Car still under manufacturer warranty until Dec 2018.

What is reasonable usage? I've put 4000 miles on the car, it's not lost any value, if anything It's worth the same.

AdrianC

3yr warranty? 5yr warranty? 7yr warranty?

Cookietree

Evening everyone.
Dealer and finance company have accepted my car rejection.
However they are looking at charging me 45p per mile for usage of the car since I've had it. That's £2085.00 they want to deduct off my refund!

I've asked for part ex refund £5250, £750 cash deposit & £2442.37 finance payments, Total £8442.37 less their deduction usage, totals £6356.62.

Is that reasonable? If I'm not going to get the finance payments back I'm down to a refund of £3915!

so what you class as a reasonable deduction?
Bearing in mind car bought at £32995 and in my opinion is worth the same as you can't buy that spec car, same mileage, colour for anything less than £34500...currently on any website.

Help

nelly12

Cookietree wrote: »

Evening everyone.
Dealer and finance company have accepted my car rejection.
However they are looking at charging me 45p per mile for usage of the car since I've had it. That's £2085.00 they want to deduct off my refund!

I've asked for part ex refund £5250, £750 cash deposit & £2442.37 finance payments, Total £8442.37 less their deduction usage, totals £6356.62.

Is that reasonable? If I'm not going to get the finance payments back I'm down to a refund of £3915!

so what you class as a reasonable deduction?
Bearing in mind car bought at £32995 and in my opinion is worth the same as you can't buy that spec car, same mileage, colour for anything less than £34500...currently on any website.

Help

45p is quite excessive in the industry for this scenario. I would say that it should be nearer 15p per mile as a fair charge.

Who is the finance company?

AndyMc.....

Cookietree wrote: »

Evening everyone.
Dealer and finance company have accepted my car rejection.
However they are looking at charging me 45p per mile for usage of the car since I've had it. That's £2085.00 they want to deduct off my refund!

I've asked for part ex refund £5250, £750 cash deposit & £2442.37 finance payments, Total £8442.37 less their deduction usage, totals £6356.62.

Is that reasonable? If I'm not going to get the finance payments back I'm down to a refund of £3915!

so what you class as a reasonable deduction?
Bearing in mind car bought at £32995 and in my opinion is worth the same as you can't buy that spec car, same mileage, colour for anything less than £34500...currently on any website.

Help

If it was new you lost 20% when you drove it away.

neilmcl

Using the higher HMRC mileage rate of 45ppm is quite usual however it is up for negotiation. Personally I'd aim at looking at the excess mileage rate the finance company charges as a starting point and go from there. Another way they can look at it is how much a similar car would cost to hire of the period.

At the end of the day if you can't agree then you could go to court and let a judge decide what is fair.