Refund amount help

user165

Bought car for 7000 plus 2 year warranty for 300 in Feb, 2013 reg.

Developed fault in October 'engine malfunction' warning and loss of power
Called out AA have their diagnostics report.
Returned and repaired under warranty. They replaced a turbo injector valve.
1 week later same fault. Returned and repaired under warranty although no breakdown call out. They reprogrammed/ updated computer.
1 month later same fault. Called AA, who followed to store and I forwarded email with breakdown report. They could not find fault and suggested I return it when engine light comes on again (AA managed to clear it on way as struggling up hills but not repaired fault). I commute on motorway, do not feel safe driving vehicle.

At this point rejected it under sales of goods act, put it all in writing to them.
Fully expecting to take it further as they told me I only had 6 months for refund or exchange and as was out this time would do nothing.

I don't expect full money back. But would expect percentage of warranty not used as not fit for purpose and refund less usage of car. Approx. 29,000 when bought, 35,000 now so 6,000 miles driven since bought.

What would be a reasonable figure I should expect/ push for in the way of refund?

TIA

neilmcl

OK, a couple of things. Sales of Goods Act was superseded by the Consumer Rights Act in 2015. Secondly, the CRA states that after 6 months the onus is on you to prove that not only is the fault inherent to manufacture but also was present at the time of sale. You've been driving the (5 year old) car since February, I don't think you'll have much proving that this fault existed when you bought it.

If you can do this then you may be entitled to reject for a refund but this refund will take into account the usage you have had. There's no hard and fast rules for calculating this but think on the lines of how much it would cost to lease a car for 8-9 months and work it out from there.

user165

thanks for the response. used letter on CAB website that they suggested and they were ones who told me could reject under sales of goods. appears their advice/ letters is a little out of date.

they have accepted and repaired twice under warranty, but still having same fault.
this will be basis of my argument for rejecting it. their last attempt to diagnose and repair they told me to keep driving it and then return it when the fault light comes on again. don't want to take a car that loses power onto the motorway.
if they had repair fault first 2 attempts would had been happy keeping car. of the mind set 'how many attempts is too many to fix the same fault?'

neilmcl

user165 wrote: »

thanks for the response. used letter on CAB website that they suggested and they were ones who told me could reject under sales of goods. appears their advice/ letters is a little out of date.

they have accepted and repaired twice under warranty, but still having same fault.
this will be basis of my argument for rejecting it. their last attempt to diagnose and repair they told me to keep driving it and then return it when the fault light comes on again. don't want to take a car that loses power onto the motorway.
if they had repair fault first 2 attempts would had been happy keeping car. of the mind set 'how many attempts is too many to fix the same fault?'

The law allows for one attempt only.

DoaM

To be pedantic ... the law allows the consumer to reject the goods for a full refund (within the first 6 months) if the goods still fail to conform to contract after one repair attempt. After 6 months then the refund can be reduced to account for usage/time of ownership.

The law is silent on a consumer accepting more than one repair attempt; in such a situation (IMHO) once at least one repair attempt has been unsuccessfully effected then the goods can be rejected. So if there have been 2 or more repair attempts accepted this still doesn't remove the consumer's right to reject.

(I know you understand this, and likely meant this, but I felt it important for the OP to know the full position - OP can still reject, even though the seller may try and say otherwise).

shaun_from_Africa

DoaM wrote: »

To be pedantic ... the law allows the consumer to reject the goods for a full refund (within the first 6 months) if the goods still fail to conform to contract after one repair attempt. After 6 months then the refund can be reduced to account for usage/time of ownership.

To be even more pedantic.
There is no right to a full refund for a vehicle rejected within 6 months under the final right of rejection.
When this happens, the dealer is entitled to make a deduction to allow for the use the consumer has had from the vehicle.