Short Term Right To Reject - Used Car

MattioMatt

Hello all,

I purchased a used car from a dealership 3 weeks ago. The car itself is just over 2.5 years old. It had 12,500 miles on the clock.
Last night I had to call the AA out as the car would start but wouldn't accelerate, it just kept jumping and couldn't even get out of the car park from work. They discovered 3 fault codes on it, the AA managed to help me get it to a dealership of the manufacturer as it's still under warranty. They say it needs new parts which need to come from Germany which could up to 2 weeks and this is just to address 1 of the problems. I really don't want to have to live with this uncertainty around being mobile at the minute and feel for the age and mileage of the car it's completely unexpected.
Can I use the short term right to reject, am I likely to be facing problems in doing so?

Greta_Sharbo

Will you face problems... Depends on the trader but it's not always easy to get traders to act in accordance with consumer law. (If it was this forum would be much quieter ::)) Have you spoken to them yet?

To use your STRR the onus is on you to prove an inherent fault. Is that what AA/manufacturer are confirming it is?

You need to do it within 30 days so fairly soon.

MattioMatt

Hello, thank you so much for your reply.

That's what worries me, is it going to be difficult as they won't 'play ball'. Is it going to be costly going to court

I've been in contact with them to inform them of the problems and where the car is. However have not spoken to them of my intentions until I heard back of what the root cause was.

When you say prove and inherent fault, without it sounding like a silly question. What will I actually have to prove? The dealership of the manufacturer has advised on a replacement part yes.

tacpot12

As Greta Sharbo says the onus is on you to prove that they supplied the car with the fault. If they can show that the fault occured after you drove it off the forecourt, they are not liable to give you a refund. You need to figure out how to get the evidence that the fault was there at the time of sale.

Was the car sold as part of Manufacturers Approved Used Car scheme? These schemes sometimes give you the option to swap the car within 14/21/30 days, perhaps paying a little more if the new car is worth slightly more. This might give you an alternative and less problematical route to go down. You could ask (demand) that the dealer gives you a courtesey car while yours is off the road. If they take your car back and sell you a new one, they will save this cost.

MattioMatt

Thank you. I’m not sure I can prove it. If the part was degrading/degraded surely that is evidence in itself? Can I not locate that part and take photos? I also have the MOT they carried out that shows it passed, I’m not even sure if this is is checked as apart of the MOT or whether they can use it against me.
I fear even though the short term right exists I’m facing an impossible situation to be able to excercise it.

Greta_Sharbo

For the first six months the fault is presumed to have there at the point of sale unless the trader can prove otherwise. This is reversed though if you are using your short term right to reject. You need to demonstrate that the fault would have been present when the car was sold.

If it's normal wear and tear (or been caused by damage/misuse by you) the trader isn't liable.
Your warranty might* cover you for wear and tear but the consumer rights act won't.

*check your t&C's


I don't know anything about cars - someone will be along soon who might have other suggestions that may work. Sometimes while you've got rights, it's easier to find an alternative solution.

LABMAN

MattioMatt wrote: »

Thank you. I’m not sure I can prove it. If the part was degrading/degraded surely that is evidence in itself? Can I not locate that part and take photos? I also have the MOT they carried out that shows it passed, I’m not even sure if this is is checked as apart of the MOT or whether they can use it against me.
I fear even though the short term right exists I’m facing an impossible situation to be able to excercise it.

A 2.5 year old car will not have been MOT'd.

MattioMatt

LABMAN wrote: »

A 2.5 year old car will not have been MOT'd.

Yes I know that but when I picked the car they gave me an MOT certificate. I asked them why when it is not past 3 years old and they couldn't give me straight answer other than the admin team booked it in. The MOT date is even online when you look up the car.

neilmcl

An MOT is designed to make sure a car is roadworthy, it's not there to prove a car is fault free.

What exactly is wrong with the car?

As far as proof is concerned, you need to show, on the balance of probabilities, that the fault existed when you bought the car.

MattioMatt

The car won’t acclerate. It is limp mode, it should be drivable at low speeds in limp mode but it’s not. It’s kangooring every time I try to pull off. Had a warning pop up saying engine power is reduced.

MattioMatt

On top of that the AA found 3 faults.

1. P0336 crankshaft position sensor outside specified range.
2. P0651 5V reference Votlage circuit 2 Malfunction.
3 U1520 LIN data bus 2 communication error.

Been told by Vauxhall the sensor needs to be replaced.