Bought a faulty car and request a refund within 14 days.

motorguy

George_Michael wrote: »

Unlike the Sale of goods act, there is nothing in the Consumer rights act that has anything to do with a consumer having accepted goods.
The SOGA does specifically state that if a someone does anything with goods that was "inconsistent with the ownership of the seller" then it could be classed as them having accepted those goods but under the newer consumer legislation, this is no longer stated.

Even though the OP may have taken the vehicle back, if they can show that they only did this on the insistence of the seller then I would think they shouldn't have a problem with this if the matter came to court.

Its hard for the O/P to say they've "rejected" it, if they're still driving about in it.

Rejected = at very least, put beyond use.

Therefore its not rejected.

Thats the issue at hand.

Also "acceptance" as per the original SOGA wasnt linked to "rejection". Acceptance was merely the fact you'd had the item for a period of time.

shaun_from_Africa

The problem with rejecting a car outright is that for many people, that car may be their only way of getting about so rejecting it and not getting a replacement or refund within a reasonable time simply may not be feasible.

Personally I don't think that continuing to use a car after you have officially rejected it should cause too much of a problem because when it comes to the trader refunding you, they are legally allowed to make a deduction from the refund to cover the use you have had from that vehicle so if you keep using it after rejection, the final refund can take this usage into account. (provided that the rejection is after the first 30 days from purchase)

k3lvc

Was the car purchased under the Nissan Approved Used scheme giving 30days/1000 miles exchange promise ?

Borgy

No through a third party garage with Nissan warranty till July then with their warranty to finish the year.

forgotmyname

Your rejecting a car thats going to have a brand new engine not thrashed or abused by a previous keeper?

Borgy

Yes it has a new engine and looked after. Issue is with any item, are two points. 1. This car has a 1.2 turbo petrol engine, same fitted in other cars by Nissan and seems that other people have had a replacement engine after a year or so and one still had faults after so if the fault is with the cylinder manufacturer and installation as some reviews say I could still get a fault down the line.
2. Selling the car on to a new buyer, so would the description bring new buyers or not and reduce the car price. Nissan Juke Tekna 1.2 petrol, 16k miles but just had a new engine fitted due to a cylinder fault but is working fine now? Will this have a effect on the sale!!