Rejecting a car within 30 days

viviette

Hi all,

I recently bought a 2015 reg car, with 42,000 miles on the clock, from buyacar.co.uk. It was delivered to me on 5th June. I only use it for shortish journeys - 7-8 miles to the nearest town, 2 miles to the train station/my children's school, 6 miles to my daughter's gym class twice a week, etc. Nonetheless, with one slightly longer trip one weekend, in 3 weeks this added up to almost 700 miles of driving.

On the second day of driving the car I noticed a faint burning smell when I got out. I thought it couldn't be my car, because I'd only had it a day. A couple of days later, I noticed it again, but again thought it couldn't be my car. Other journeys seemed fine. But when I went on the longer journey (20 miles there and 20 miles back) the burning smell was much stronger and I realised it was definitely my car. I phoned buyacar, who said I should book it in for a diagnostic test at my earliest convenience. I couldn't get it into the local garage for a week, but I booked it in straight away.

Took the car in - which was still driving fine, just with this intermittent, quite faint burning smell. They say the clutch is worn out and potentially stuck to the flywheel. Worst case scenario: £1900. They can't tell how bad until they take the gearbox out to check what has happened, but that'll cost £415 and buyacar will only pay out on that if it turns out the fault was theirs.

Buyacar say that there was nothing wrong with the car because it had had a service and an MOT. They did also say that I have to pay for the £415 check (although they want me to do it at Mr Clutch where it will be slightly cheaper) because it will prove whether or not there was any pre-existing issue with the car when I bought it, which can't be ascertained by a simple diagnostic/service/MOT-style test but requires removing the gearbox, which of course they didn't do before selling the car (because nobody does that, obviously). The mechanic (main dealership) said no such test exists and it isn't possible to know at what point the damage was done, so the diagnostic test won't prove anything except ascertaining the extent of the damage. Buyacar's response has been to say that a) if it's a worn clutch, that's nothing to do with them and I could have done it myself; and b) if it's stuck to the flywheel, then that could only have been caused by a 'deliberate act' and I would have noticed this immediately on delivery - if I didn't, then it wasn't their fault. So either way the diagnostic test is going to prove they have no liability, in their book.

I told buyacar that it is their legal responsibility to prove that there were no underlying issues with this car - not mine to prove that I didn't do anything unusual with it. They still say I have to pay for this test or they won't do anything, although they offered to pay a small part of it 'as a goodwill gesture'.

Mostly I have said that since it's within 30 days, I don't want the car - I want to reject it. I have been driving 20 years without ever wearing out a clutch, and while I recognise they didn't sell the car to me in any bad faith, there must have been an underlying fault with it that I have finished off. They say no way.

What, if anything, can I do?

DUTR

Take em to court then, as you have children to transport they may see that as an exceptional case and the seller must obviously be in the wrong.

However realistically you shouldn't have to pay the diagnostic fee, at the same time you test drove the vehicle and the smell wasn't there only after you started driving the vehicle once you purchased it, was the handbrake not fully released?

Aylesbury_Duck

Reject it formally. Return it to them with the keys and a letter telling them the reason for rejection. Their response will determine your next step.

What car is it? If the pattern of driving this month is typical of how you'll be using the car, it's important that you get a car suited to that sort of short trip mileage. You're more likely to wear out a clutch if you're doing a lot of town driving with frequent gear changes and stop/starts.

viviette

Thank you for the responses.
(Not sure I get the kids reference!)

I didn't test drive the vehicle - I bought it from buyacar.co.uk, who deliver it on the day of purchase. The man who delivered it to me was running out of time to get to his next job and hadn't even had time to clean it or put any fuel in (it had about a fiver's worth), and I had to give him a lift to the train station! That was the first time I drove the car.

It's a Vauxhall Zafira Tourer. I don't have much choice about cars for particular uses because there aren't many which fit three kids in the back of the car.

I have formally rejected it via email and telephone but they are point blank refusing. And I don't know where to take it as it's an online company ....

missile

You drove 700 miles before determining the clutch was defective. I think it may be difficult to prove your case.

Aylesbury_Duck

The kids reference is because there are often posts on here from people who seem to think that they have enhanced consumer rights if their troublesome car transports children. You see a lot of "My car broke down on the motorway and I was with my baby, the garage/dealer have placed my child in grave danger!" type posts.

Sadly you've learned why buying online and completing the sale in a rush has its drawbacks.

If the company is not willing to entertain your complaint and you're not willing to have it tested and the fault diagnosed, I don't see you have much choice but to take them to court. However, I don't fancy your chances given that you've driven 700 miles of stop/start driving. It's perfectly reasonable for the dealer to claim that you've burnt out the clutch since you've owned the car and you would have a difficult time proving otherwise.

DUTR

viviette wrote: »

Thank you for the responses.
No worries
(Not sure I get the kids reference!)
You don't need to the judge will assume you are unique and an extra special case as a parent
I didn't test drive the vehicle (bad move for an expensive purchase) - I bought it from buyacar.co.uk, who deliver it on the day of purchase. The man who delivered it to me was running out of time to get to his next job and hadn't even had time to clean it or put any fuel in (it had about a fiver's worth), and I had to give him a lift to the train station! That was the first time I drove the car.

It's a Vauxhall Zafira Tourer. I don't have much choice about cars for particular uses because there aren't many which fit three kids in the back of the car.

There are lots of cars that can fit 3 kids or even 3 adults in the back, however that does not detract from the issues you face
I have formally rejected it via email and telephone but they are point blank refusing. And I don't know where to take it as it's an online company ....

It gets more complicated as you maybe protected by distant selling regs, however buying a car in the manner that you have isn't the wisest choice for an expensive item, plus you still have the issue of getting to and from the station and to your daughters school gym etc, along with a fight with the dealership, I guess your stress levels are going to be increased for sometime to come.

viviette

Ah okay. I don't think I have any enhanced consumer rights relating to having children, but I do also sympathise with the additional stress it can cause in these situations and why people feel the need to vent (obviously that's my own issue to deal with and nothing to do with buyacar!)

I didn't think I was completing the sale in a rush, but I take your point and I won't be buying online again.

It didn't take me 700 miles to notice a problem - it was straight away that the problem began to manifest itself but it was very faint. Only on one occasion was it strong enough that I realised something was up with the car, but when I dropped it off at the garage I still thought it was going to be a super minor issue - the car is driving without any problems at all and feels smooth. But you're right - that's what they're saying too - and that's why I'm here really. If I don't have a leg to stand on, then that's a different situation than if I have a point (which I feel I do, but I'm enraged and frustrated and stressed, so might not be thinking clearly!)

viviette

DUTR what I should have said was - there aren't many cars in my budget. Citroen C4 Picasso and Vauxhall Zafira Tourer (my kids are young enough that I need the full high back car seats, not just boosters). Anything like a Ford S-Max is way beyond my price range.

It was £8k. On finance.

viviette

I have loaned a car from a relative in the meantime, so I'm able to get about for at least the next couple of weeks.

DUTR

viviette wrote: »

DUTR what I should have said was - there aren't many cars in my budget. Citroen C4 Picasso and Vauxhall Zafira Tourer (my kids are young enough that I need the full high back car seats, not just boosters). Anything like a Ford S-Max is way beyond my price range.

It was £8k. On finance.

You're not obliged to say anything, when I had a 3 door Golf MK5, I could easily get my kids in the back, in fact I could get 3 adults in the back when required (not rugby size players).

Perhaps it may have been more prudent to ask about a certain purchase before taking the plunge, it may not have detracted from the vehicle quickly developing a fault, I'm not really that familiar with Vauxhall cars nowadays, my last one was a Viva HC 1973 model.