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Rejecting a faulty/dangerous car to Arnold clark

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  • Smoggyuk wrote: »
    I've got turbo Watergate and computer management failure codes.

    I work in the computer industry and we refund desktops, laptops and all in ones if the customer rejects the goods within 6 months. The fault does not have to be linked to the original as per consumer rights.

    This of course counting an initial repair or "one opportunity to repair".

    So take the car back to them with your rejection letter.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Smoggyuk wrote: »
    I've got turbo Watergate and computer management failure codes.
    So nothing particularly useful for diagnostics.
    I work in the computer industry and we refund desktops, laptops and all in ones if the customer rejects the goods within 6 months.
    Which is, of course, very good customer service and entirely your prerogative.
    The fault does not have to be linked to the original as per consumer rights.
    Nope. It's repair attempts for a particular fault. If unrelated faults were covered, you'd be able to reject a car for a headlight that misted up followed by a seat that had some iffy stitching. Clearly, that's ridiculous...
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 20 January 2020 at 12:56PM
    AdrianC wrote: »
    Nope. It's repair attempts for a particular fault. If unrelated faults were covered, you'd be able to reject a car for a headlight that misted up followed by a seat that had some iffy stitching. Clearly, that's ridiculous...

    Sorry but you're incorrect in your interpretation ... neilmcl's posts are correct.

    Per the Consumer Rights Act 2015, and assuming it is after 30 days (so the consumer is not invoking their Initial Right To Reject), a seller is entitled to a single opportunity to make the goods conform to contract. If, after this attempt, the goods again fail to conform to contract then the consumer can exercise their Final Right To Reject. Within 6 months the refund should be in full, but there are exceptions to this ... vehicles are an exception whereby the seller can deduct a reasonable amount from any refund to account for the consumer's time of ownership.

    The key phrase is the one I've underlined ... it does not need to be the same fault.

    The ultimate source of resolution is the civil court, where the judge will apply a test of "reasonableness" ... which would catch such "pedantic" fault reasons as you've identified.
  • Smoggyuk
    Smoggyuk Posts: 18 Forumite
    Just got back from arnold clark, complete lack of trust in their customers. They had errors codes but delegated to use the "right to reject" as it isn't the same fault. Told them I'll be seeing them in court.

    Finance company are on my side and agree to the statement given by DoaM. It DOES NOT have to be the same fault, but just another fault.

    The goods aren't "fit for purpose" and is 5 months old.
  • .. and you've still had 5 months use.
  • Smoggyuk
    Smoggyuk Posts: 18 Forumite
    Counting the 3 weeks I've also had it in for repair. More like 4. I'd rather lose a little with a dangerous car than keep it and potentially harm myself, my 16 week pregnant partner or another motorist.
  • Exemplar
    Exemplar Posts: 1,610 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Smoggyuk wrote: »
    Counting the 3 weeks I've also had it in for repair. More like 4. I'd rather lose a little with a dangerous car than keep it and potentially harm myself, my 16 week pregnant partner or another motorist.

    Keep those out of the argument with AC, they won't hold water. Stick to the facts and you should be OK. Speak to the dealer Principal DP or escalate to head office. Either way get the car to the site and demand a loan car whilst this is sorted/ resolved by them. You may well lose some money, but that needs to be chalked up to experience.

    Good luck.
    'Just because its on the internet don't believe it 100%'. Abraham Lincoln.

    I have opinions, you have opinions. All of our opinions are valid whether they are based on fact or feeling. Respect other peoples opinions, stop forcing your opinions on other people and the world will be a happier place.
  • loskie
    loskie Posts: 1,761 Forumite
    Part of the Furniture 1,000 Posts
    AC are notoriously bad for customer service so don't give them an inch. Take legal advice please.
  • Smoggyuk
    Smoggyuk Posts: 18 Forumite
    Thanks for the advice and this hasn't been raised, more of a feeling. I've only used the cars reliability and situation it put me in. Just chalking up a rejection letter. Do you think its emailing the CEO?
  • Ectophile
    Ectophile Posts: 7,979 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If the car is on finance, then remember that Section 75 of the Consumer Credit Act applies. If the dealer is liable for a fault, then the credit company is equally liable.


    So if the credit company are sympathetic, try talking to them.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
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