Returning a new car

MarkOK

I recently bought a new car from a dealer in Glasgow. The car was sold to me without the ability to use 5th or 6th Gear which I only discovered on the drive home.
The dealer then took two weeks to fix the issue. When I sad I wanted a replacement vehicle the dealer stopped responding to all my communications (phone/email/ recorded delivery). They even ignored instructions from the manufacturer to contact me. I now want to return the car for a full refund. What are my rights. The car was purchased using the manufacturers finance and the deposit was paid with a Credit card. What are my rights to return the vehicle for a full refund under the Consumer Rights Act 2015 and section 75. I have been told I have no right to return the vehicle as the dealer fixed the fault.

cono1717

How recently is recently? You may still be able to reject it in the first 30 days.

bigisi

If it's now fixed you've got the car you originally wanted? What has changed?

MarkOK

The car was bought on the 12th March an the dealer had it for repair between the 13th and the 24th of March. My problem with the car is that it left the factory with a broken Gear box proving that proper quality assurance was not done on the car. I don't know if I am driving a death trap. The dealer told me that they would carry out a full inspection of the car which they didn't do. I was forced to collect the car from the service department when they told me they were removing the insurance from the courtesy car I was driving and had no other means of transport.

neilmcl

The car has been fixed, possibly by replacing the gear box, it's as good as new. The time to reject the car was BEFORE they repaired it. Too late now unless of course it breaks down again.

Gary123456790

Cars are very hard to return - dealers will often opt to repair and this inevitably causes time and inconvenience. A faulty gearbox does not necessarily mean that it is now a deathtrap although I appreciate your confidence in the vehicle will be dented.

If you had an ongoing issue then you might have a case to return, but if it has been fixed then I think you will struggle. I once saw a new car being returned on an episode of "Don't get done get Dom" - in this case the engine management light kept coming on, and the dealer had numerous attempts at fixing it, so the issue was unresolved and the dealer advised that the car should not be driven as it may damage the engine, so there it was an unresolved fault and the customer could not use the vehicle. Dom in this case forced the manufacturer to accept the return, but it was not easy even then - I suspect the "TV effect" helpded.

If it is over 30 days since purchase and the vehicle has now been fixed then i'd say your rights are limited as the issue has been resolved and you've got what you paid for. You could of course complain to the manufacturer, they may offer some kind of compensation or reduce cost for work ongoing due to inconvenience.

Thanks.

MarkOK

Do I have any different protection under Section 75 as the deposit was paid with a credit card and I was supplied with faulty goods?

agrinnall

MarkOK wrote: »

Do I have any different protection under Section 75 as the deposit was paid with a credit card and I was supplied with faulty goods?

You were supplied with faulty goods, yes, but the fault has now been fixed. I don't see that you have a claim against anyone unless more faults emerge. As stated, you should have rejected before allowing a repair to be made.

neilmcl

MarkOK wrote: »

Do I have any different protection under Section 75 as the deposit was paid with a credit card and I was supplied with faulty goods?

No, because the fault has now been remedied.

arcon5

You accepted a repair. They have fulfilled their obligations now they have fixed the fault.

You have no rights to now reject a perfectly good car.

bris

Bottom line, you let them fix the car, you can no longer reject it.


You should have rejected it without hesitation, this is where you went wrong