Second hand car bought with finance - fault within 24hours

tonyj668

Hello first time I've posted and would some advice please.
On 29 August 2019 I bought a second hand VW Passat, 4 years old with over 90,000 miles on the odometer with help of finance.
The car was delivered to my home by them as I was still travelling back from the place of sale and they posted the keys through the door.
The next day 30.08.19 I taxed and sorted my insurance and went out shopping with my family. No issue on the drive there. On the return journey a engine management light came on and shortly after the
Emission control lamp came on and the car went into limp mode.

I found a safe place to pull over and called the place of sale. They said it is normal and probably needs a good blast out. Keep driving it for the weekend and see if the lights go off. I managed to drive it home still in limp mode and with the warning lights on. I called the place of sale and informed them of the continued issues.
They said they would collect car and I asked for a courtesy car.which they agreed too.
01.09.19 they came and collect car and as I they would call me the next day.
No call back the following day.

03.09.19 I called them they said they would not find a fault but would like to keep the car and continue to drive it around in case the warning lights come back on. I called finance company and informed them of all this. They told me I was to take back possession of the car as they are actually the owners of the car.
I then called the place of sale to inform them I would like to take the car back and return their Curtosy car. They said the car was out on a test drive and there is still no fault but they would like to keep it overnight to continue driving it. I informed them I had been advised to take it back but they insisted on keeping it over night.

04.09.19
Place of sale called to say they had continued to drive it and there is no fault however they would put it in to the VW garage to have it tested before I collected and they would pay for it so that I had peace of mind over it.
I again called finance company and informed them of what was happening and did I have the right to reject and they stated yes and they would help me.
I called the place of sale to inform them of what I had done and that I would like to drop off their Curtosy car and collect the possession I have in the back. They informed me the car was still in VW garage and would not be back till the morning.

05.09.19 called place of sale to inform I would be travelling to collect possessions and drop off Curtosy car to be told they are still in the car in the VW garage but the car has no fault which I was informed throughout. Later in the day Curtosy car dropped off and possessions collected.

Sorry it's long but just want to confirm that I do have the right to reject the car and cancel finance as I believe there was fault with the car and it was unfit for purpose. I am well within my 30 days. I do not have to accept a repair or replacement is this correct?
I have worked with the finance company throughout informing them of everything.

Just for peace of mind can anyone offer advice.

Thank you

neilmcl

Yes you have the right to reject but only if a fault actually exists and that you can prove it existed at the time of sale.

tonyj668

The place of sale have told me throughout there is no fault or lights on and yet have put it in to a VW garage for what reason I don't know if there is no fault and it is still there now.

waamo

Is this a diesel car by any chance?

pulliptears

waamo wrote: »

Is this a diesel car by any chance?

Possibly an ex lease diesel at those kind of miles. 24k a year ish is a lot of miles.
Still, if it is ex lease chances are it will have been serviced regularly etc.

tonyj668

Yes it's a diesel car. Had one owner.

Been told tonight that the car has been independently checked and had a diagnostic check and there is no fault, so I have to go collect it in the morning from their sales room. . No problem with that.

They have even offered to swap for another car for my peace of mind. But I only liked that car and on the test drive there was no issues with it, which is why I bought it.
The seller did try to tell me that VW said its carbon build up and the diognostic test found norhing and they have took it out of limp mode. The finance company have told me its ready to collect from the seller. Now if there car is not there, or I have an issue when I drive it home what are my consumer rights please.

Fosterdog

Unless you can prove a fault then you have no right to reject the car, you say it's faulty, they say it's not so unless you can prove otherwise you cannot reject the car.

It's a common thing for diesels to need the dpf filter cleared, particularly if it is used for lots of short journeys rather than long distances. This is not a fault but part of the routine maintenance. Some diesel vehicles have a regeneration program built in (one of my work vans is a fiat partner and it needs doing roughly every two weeks) others need regular servicing to clear them. On my car that doesn't have a regen program once every two-three weeks if I'm not doing any motorway driving I drive until the engine is warm on my way home from work and leave it in third on a 60mph road to give it a blowout, not the most economical way of driving but it's for 2-3 minutes max on the one stretch of road I can get the speed needed to do it.

photome

Fosterdog wrote: »

Unless you can prove a fault then you have no right to reject the car, you say it's faulty, they say it's not so unless you can prove otherwise you cannot reject the car.

It's a common thing for diesels to need the dpf filter cleared, particularly if it is used for lots of short journeys rather than long distances. This is not a fault but part of the routine maintenance. Some diesel vehicles have a regeneration program built in (one of my work vans is a fiat partner and it needs doing roughly every two weeks) others need regular servicing to clear them. On my car that doesn't have a regen program once every two-three weeks if I'm not doing any motorway driving I drive until the engine is warm on my way home from work and leave it in third on a 60mph road to give it a blowout, not the most economical way of driving but it's for 2-3 minutes max on the one stretch of road I can get the speed needed to do it.

Unlikely it’s done short journeys given its mileage, I also don’t really understand why it’s always posted on here about giving the engine a blast/regen. I have driven diesels for years ( had one problem with a Kia which went in to limp mode but that was a different issue) and never as far as I know had to do a regen, I do do a lot of miles though, no motorway miles. Last 3 yea s have been in a Focus