Right to a refund? ‘66 Plate Kia Niro.

Bendoubleyew

Good morning all, this is my first post, apologies that it’s a bit of an essay but I was wondering whether anybody could help.

I bought a used ’66 plate Kia Niro from a dealership, collecting the car on the 30th January. The vehicle had completed less than 10k miles and drove nicely on the test drive although being a hybrid it was a little different to what I was used to.

I used the car without issue for a couple of weeks and completed around 1,000 miles without incident. The more I drove it the more I loved it, plus being a hybrid it was saving me around 4-5 quid a day on my 90 mile round trip for work. Great.

Then on the 19th February, after using the car in the morning without issue, I came to set off to work for a night shift but my new car wouldn’t start. This coincided with a follow up call from Kia and so I explained the problem. I received a hesitant response that I should speak to my recovery people then let Kia know what they say. As it happens I didn’t have recovery people, I didn’t think it was necessary as I’d just bought a reliable nearly new car. My own choice I know but the £117 call out and sign up fee did sting a little. As it was the AA guy couldn’t diagnose the fault and arranged recovery to the dealership for the next morning.

The car arrived at Kia on a lorry the next morning (20th) and after a day or so I received a call to say they had uneathed the fault, an issue with the A/C compressor unit which immobilises the car as a safety feature. They stated that they hadn’t seen a fault like this before and so they were having to run a series of tests to establish the cause and to make sure it doesn’t happen again to me or anybody else. Fair enough, they had provided a courtesy car and with the 7 year warranted it would be covered.

In fairness to the service manager I received regular updates as to the progress of the work and testing and I eventually collected my car on Wednesday, (13th March) after nearly 4 weeks with them.

All was well for 2 and a half days until I came to leave work on Friday. I went to start the car but again, it had other ideas. I’m unsure whether this is the same fault but it did manifest itself in the same way as previously. The car was recovered to Kia again on Saturday morning and I’m now waiting to hear from them.

I absolutely love the car but feel that I have lost faith in it and that it might just be a ‘dud.’ My question is, where would I stand if I wished to pursue a refund? (although I’d possibly even take a replacement) I’m aware that I’m outside the 30 days rule but having owned the car for nearly 7 weeks I’ve only actually driven it for 2 and a half. The dealership (with the exception of speak to your recovery people quip) have been profesional, friendly and helpful thus far but I just wondered where I stood in case a refund request is met less happily.

I arranged a personal loan to part fund the purchase so I don’t have the CC/Hire purchase side of things to fall back on.

Sorry for the waffle,
Ben.

neilmcl

Yes you have rights to reject the vehicle as the seller is only allowed a single attempt at a repair, however bear in mind that as you're over the 30 day, short term right to reject, you're not entitled to a full refund and the dealership could deduct an amount for the usage you've already had.

marlot

I thought the 30 days was paused whilst the dealer had the car?

neilmcl

marlot wrote: »

I thought the 30 days was paused whilst the dealer had the car?

That's a good point, I hadn't noticed the exact dates involved.

TadleyBaggie

Was it a Kia Approved used car? If so roadside recovery for the first year should have been included:

https://www.kia.com/uk/owners/kiassist/

Assuming new-ish (and this is a 2 year old car) don't need roadside assistance is a little strange, lots of cars break down early in their life due to faulty components.

Bendoubleyew

Thanks for your responses. Just to confirm, am I on solid ground rejecting the car even though I’ve owned it for over 7 weeks because It’s spent 5 of those weeks in the garage? They’ve car the car since Saturday morning this time around and I’m yet to hear from them so I’m assuming it’s not a simple fix. I’ve lost confidence in the car and really would just like my money back so I can start again.

neilmcl

Bendoubleyew wrote: »

Thanks for your responses. Just to confirm, am I on solid ground rejecting the car even though I’ve owned it for over 7 weeks because It’s spent 5 of those weeks in the garage? They’ve car the car since Saturday morning this time around and I’m yet to hear from them so I’m assuming it’s not a simple fix. I’ve lost confidence in the car and really would just like my money back so I can start again.

Yes, as mentioned, your 30 day right to reject was paused whilst they had the car in for the repair therefore you are still within the period to get a full refund by exercising your final rejection of the car, based on the fact that legally they are only allowed a single attempt at a repair.

Manxman_in_exile

neilmcl wrote: »

Yes, as mentioned, your 30 day right to reject was paused whilst they had the car in for the repair therefore you are still within the period to get a full refund by exercising your final rejection of the car, based on the fact that legally they are only allowed a single attempt at a repair.

Does this still apply if the dealer successfully repaired the first fault, but this second fault is something entirely different?

CardinalWolsey

IANAL, its not about specific faults, it is about conforming to contract. You are sold a car that contractually works. Something doesn't work, you get it fixed. When something else goes wrong, the car still doesn't conform to contract. They had their one chance and failed.

neilmcl

CardinalWolsey wrote: »

IANAL, its not about specific faults, it is about conforming to contract. You are sold a car that contractually works. Something doesn't work, you get it fixed. When something else goes wrong, the car still doesn't conform to contract. They had their one chance and failed.

^Exactly this.

The whole idea is to stop buyers from being stuck with a lemon which requires multiple repairs whether it's the same fault or many different faults.

chuffniut

CardinalWolsey wrote: »

IANAL, its not about specific faults, it is about conforming to contract. You are sold a car that contractually works. Something doesn't work, you get it fixed. When something else goes wrong, the car still doesn't conform to contract. They had their one chance and failed.

If it's a different fault you can't reject it. If for example a coil pack failed and it was fixed, three weeks later an alternator failed, you couldn't reject the car. You could, if there was a failed attempt to fix the alternator but thats not what you're saying I don't think.

OP you're within your rights to reject this IMO.