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Used dealership refusing rejection within 30 days.

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  • Thank you for your view motor guy,

    I honestly do not feel comfortable in the car, twice I have been stuck in the car with my 3 children waiting for help, and especially now in this weather it’s just not acceptable on a car I just bought to keep breaking down,
    And it maybe the cheapest for now, but what if they don’t fix the actual problem and then I’m left footing a large bill for something I could have avoided? And I can’t afford to keep losing a car to be fixed as that costs money finding alternate transport, but Thankyou for your input :)

    Loskie, this is my thinking as the belt sqealing didn’t start until 2 days before the battery gave up, I shall see Monday hopefully as a friend of the family is going to have a look
  • tacpot12
    tacpot12 Posts: 9,261 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Michelle2007

    Your case is somewhat difficult in that you have had the car for over 30 days now. However, I think that you as you tried to reject the car after 30 days verbally, for a valid reason, a court may well uphold your right to a full refund as the dealer should have accepted your request to return the car.

    The key facts here are that the 02 Sensor fault occurred within 30 days, you reported the fault to the dealer and they did not fix it having been given the opportunity to do so.

    Although a weak battery might be expected on an 8 year old car, and although the law says you must give the dealer the opportunity to repair a fault, this fault occurred when you already had grounds to reject the car due to the 02 sensor. The whining drive belt is also an acceptable fault on a 8 year old car, but that fact the noise only started when it was returned to you after the fixes to the ignition system, means that again it is a fault that became apparent after you had the right to return the car for a refund so you don't need to give them the opportunity to fix it.

    To make a successful claim you are going to need to be very clear that you told the dealer about the two codes. If you send the codes in a text or an email at the time, this is the best evidence you can have. If you told them the codes verbally, you will be on shaky ground as they might claim you only told them about one code and not the other, or that you got the code wrong. If you are worried about proving that you gave them the correct codes, you might have to accept that you will have to allow them to repair the faults, and then sell the car onto someone. At least if the faults are fixed, you can sell it on with a good conscience.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • tacpot12
    tacpot12 Posts: 9,261 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    motorguy wrote: »
    ...
    o2 sensor is a very very minor thing, and a common failure on most cars. Simple, cheap and easy to fix.

    I don't agree that the 02 sensor is a very very minor thing. It is a fundamental control for emissions, is very likely to cause the car to fail an MOT test, and is so important that the Check Engine light is set to come on if it is not working. If not working, it can also make the engine burn upto 40% more fuel.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • I have the codes on email I sent to them, I was told the sensor may be down to the spark plugs and coil which I relaid to the guy but the error codes were given and surley should’ve been checked before handing back it was okay,

    Also my 30 days is valid until 2nd July due to him having the car 5 days, so this is all still in my 30 days
  • I also think it’s not just the battery as when jumped the car power is weak and sounds like it will cut out without revs and twice since the initial dead battery it has started ( did splutter) but the rest it’s been dead, so not just always dead. But I’m not an expert it’s just what I’ve read suggested with the belt noise too
  • loskie
    loskie Posts: 1,761 Forumite
    Part of the Furniture 1,000 Posts
    tacpot12 wrote: »
    I don't agree that the 02 sensor is a very very minor thing. It is a fundamental control for emissions, is very likely to cause the car to fail an MOT test, and is so important that the Check Engine light is set to come on if it is not working. If not working, it can also make the engine burn upto 40% more fuel.

    pretty minor thing yes, could easily be classed as a consumable item. O2 sensor just (if not seized) screws out and is easily replaced. Retails price for a sensor 40 to 80 depending on make model etc
  • Jackmydad
    Jackmydad Posts: 9,186 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    A lot of modern cars show all sorts of weird faults if the battery is duff.
  • forgotmyname
    forgotmyname Posts: 32,928 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    tacpot12 wrote: »
    I don't agree that the 02 sensor is a very very minor thing. It is a fundamental control for emissions, is very likely to cause the car to fail an MOT test, and is so important that the Check Engine light is set to come on if it is not working. If not working, it can also make the engine burn upto 40% more fuel.

    O2 sensor is cheap these days and probably under 20 minutes to change so i would say thats a minor issue.

    If the engine needs to some out then thats not minor. Swapping a sensor is something a decent garage could slot in during a full service.

    But the 02 sensor could be thinking my input voltage is wrong and then has a fit and throws a code because the battery voltage is not what it should be and the sensor is not getting the correct voltages.

    Might not be the battery, well its 8 years old.
    Censorship Reigns Supreme in Troll City...

  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    “Didn’t need the one I’m fussing about”

    I paid almost £4K for this car, I chose to buy the car to avoid finance as finance is going to impact my monthly money quite significantly, which if as you say “most people have children” is understandable that outlaying hundreds a month on a car is not something I wanted to do with three children, whether I had the means or not.

    Yes I am knowledgeable on cars but YouTube and google helped too, legally within 30 days of purchase I’m entitled to a refund, I allowed them to fix it once as I wanted to keep the car but this is the second issue in less than 30 days, surely anyone would not want to continue with a car after this?
    And saying I expect Rolls Royce service, it’s just customer service i expect, not to be bullied and ignored,, any other irrelevant rude digs you’d like to make?

    They are not irrelevant digs, yes you might take it as rude, I take the kids addition as rude as since lots of people have children that does not render you anymore 'special' to all than any other parent.

    You were buying a car not a customer experience, you are so sure about your customer rights, so take it up with the relevant bodies. I'm not saying you don't have rights, I jus see lots of posts of people buying cars on the hop in a rush then having buyers remorse and wanting a refund, if dealers were so easy to give refunds they would be soon out of business and we'd all have to buy new.
    Continue with the fight yes, I would imagine the dealer is experienced in their rights as a retailer too.
  • I understand it’s 8 years old,

    But they had it back to fix the fault, and one of the error codes it was given back to fix is still present, whether that’s caused by the battery or something else, I gave them the chance to fix it and it hasn’t been properly fix so it must have been inspected deep enough? the car is also not fit for purpose as it doesn’t drive, both these are reasonable reasons to reject a car under the consumer rights act within 30 days surely?

    I’m not trying to be pedantic and annoying, I just need a reliable car, which you’d expect a car just sold to you, to atleast be for a little while, not to have so many issues arise within a month... surely a professional dealer would thoroughly inspect their cars before selling on? Surely a battery / spark plugs / coils and such are simple things that would be looked at and inspected? I’ve never bought a car that has had a problem after a month let alone multiple,

    And if the dealer was willing to even respond I’d happily accept a little less back to cover mileage used because I’d rather come to an agreement, but they’ve literally said to me I’m not entitled to anything other than a new battery and haven’t replied to a single email where they could try resolve the situation which I think makes them look guilty to just pretend this isn’t an issue....
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