Faulty used car, dealer bought, within 30 days. Can I get a refund?

KommanderKeen

Earlier this month I bought a 2010 Ford KA from a used car dealership. It drove fine on test drive and was advertised as 'excellent condition' etc with no specific faults.

After purchase and driving about 100 miles over 2/3 weeks it's began to exhibit a number of faults:

- Failed to get into 1st gear two or three times.
- Clutch has developed a notch that can be felt and sometimes heard.
- Exhaust sound has changed/rattles when accelerating (2nd/3rd gear)
- Breaks creaking.

There's a few other niggly bits that may well have existed when I test drove but didn't notice, but the above problems were definitely not apparent.

I've given the car back to the dealer and they're going to look at the issues and make repairs.

Developing these faults so quickly after purchase, and within only 100 miles usage, suggests the car is not going to behave well heading into the next couple of years.

It also suggests to me that the dealer took the short-term approach of covering up the issues with quick fixes to get the car sold (I can't see how these issues have developed so quickly if they weren't pre-existing) and so I don't have much trust in their desire to actually repair it now. All they need to do is get the car back to me without immediately obvious signs of the problems. If I take it back then I'll almost immediately be outside of the 30 day period where I seem to have the most protection and rights.

I'd like to cut my losses and get a refund, but I've no idea how easy that is.

1 How strong are the rights to refund within 30 days?
2 Do the issues I've illustrated qualify me for a refund?
3 If the dealer says they've repaired it, can I still refuse the car and ask for a refund?
4 If I take the car back and the same issues occur. Despite being now outside of the 30 day period, can I expect the dealer to fix them because the issues arose within the 30 days?

Thanks for the help.

a.turner

When last month did you buy it?

KommanderKeen

a.turner wrote: »

When last month did you buy it?

I picked up the car on April 30th. I handed the car and keys back to the dealer, with details on the faults, on the 23rd May. So it was all within 30 days.

I know they weren't able to look at the vehicle until at least Tuesday 28th May but have yet to hear from them.

tacpot12

I think you are a couple of days too late. You need to reject the car within 30 days of the purchase.

facade

On what grounds would you reject it?


Doesn't sound like there is anything actually wrong with it, although the clutch might be a fault, but I'm struggling to think what you mean by a "notch that can be heard and felt"


Most cars have creaking brakes under some circumstances, the rattly exhaust could just need a bit of tightening/adjusting, or it could be a heatshield come loose, or it could just rattle when driven far harder than normal.



Otherwise, "excellent condition" for a Ka = no rust holes yet

KommanderKeen

tacpot12 wrote: »

I think you are a couple of days too late. You need to reject the car within 30 days of the purchase.

I am making the assumption that at the point I hand the car back to the dealer, citing the problems, I have achieved being 'within 30 days' whilst they examine the faults and discuss resolution.

Otherwise, surely all a dealer needs to do is respond slowly and extend negotiation until the 30 days has passed.

DoaM

Correct ... as long as any fault is reported within 30 days of purchase then the clock stops ticking - it doesn't matter how long the seller takes as the 30 day right to reject is still in play.

waamo

tacpot12 wrote: »

I think you are a couple of days too late. You need to reject the car within 30 days of the purchase.

I'm really struggling to see how. Can you show your working out please?

tacpot12

waamo wrote: »

I'm really struggling to see how. Can you show your working out please?

OP buys a car on 30th April and posts a message on MSE on 1st June asking if they can reject it. The CRA2015 allows you to reject he car with 30 days. May has 31 days, and I don't think Doam is correct about the clock stopping when you allow the dealer to attempt a repair. I can't see where in the CRA2015 it says that the clock stops on the short term right to reject.