Reject car 30 days, being ignored!

rapidon

Hello,

I purchased a used car early Feb 19 from a small dealership. It was sold without faults listed but with no mention of guarantee. I asked the dealer about a guarantee and he said "we don't mess around with things like a broken electric window, but if anything major goes wrong in the first month, I'll sort it". I didn't think anything of it at the time, but on the receipt he recorded this as "30 day engine and gearbox guarantee".

Later on the day of purchase, I drove on a main road and a yellow warning light of spanner in front of car came on the dash. It looked to me like a service due light so I didn't think it was a big deal, although was confused as it was supposed to have been recently serviced. Still, I had a universal fault code reader which displayed no faults so I guessed it had just come on in error. It wasn't for a couple of weeks that I began to think how sluggish the car was and became suspicious of the 'service light' which only came on after driving for a little while. So I looked it up and sure enough, on Vauxhalls the spanner light indicates a fault, and whats more, they need special readers to pick up some codes!

I tried to call the dealer numerous times but he would never answer so I ordered a Vauxhall code reader (Op-Com) which gave me code P0299-52 which is "Turbocharger/Supercharger Underboost". Apparently this can mean that your turbo is completely dead. I called lots more times to no avail and sent a friendlt text requesting a call back which was ignored. I just managed to get a letter out within 30 days demanding to return the car, but I heard nothing back. I can prove that I sent it but couldn't get recorded delivery because it was over the Christmas period.

Since then I've had a lot going on, but have just finished moving house and am now looking to escalate things. I would really appreciate any advice accordingly. Thanks in advance to anyone who can help!

Contents of letter (anonymised but happy to fill in blanks):

Dear xxxx

I'm writing to you about the Vauxhall x (xxxx) I bought from you for £xxxx on xday November xx 2019.

The vehicle has a fault code light which generally comes on when driving at speeds above 40 mph or when driving up hill /accelerating etc. This first came on the day of purchase but I had assumed it was just a service reminder light showing. Upon finding out that it was a fault light, I purchased a fault code reader which indicates a turbo fault. This is concurrent with the car's poor acceleration.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with JW Autos that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract and I've owned the vehicle for less than 30 days, I am within my statutory rights to ask for a full refund at no further cost to me.

I look forward to hearing from you within 14 days with details of how you plan to resolve this matter.


Yours sincerely,

Shaun_of_the_Dead

So was it bought in November of February?

Where is the car now?

motorguy

How much was the car?

What year is it?

What miles is on it?

What make, model engine is it?

motorguy

Irrespective of the reasons, you're now outside the 30 days anyway.

The fault code, given it doesnt come on all the time, could just be a perished turbo pipe or something fairly minor.

I'd a Volvo some years ago and the dash lit up like a christmas tree - all sorts of turbo related errors. Turns out a pipe had blown off the back of the turbo.

born_again

rapidon wrote: »

Hello,

I purchased a used car early Feb 19 from a small dealership. It was sold without faults listed but with no mention of guarantee. I asked the dealer about a guarantee and he said "we don't mess around with things like a broken electric window, but if anything major goes wrong in the first month, I'll sort it". I didn't think anything of it at the time, but on the receipt he recorded this as "30 day engine and gearbox guarantee".

Later on the day of purchase, I drove on a main road and a yellow warning light of spanner in front of car came on the dash. It looked to me like a service due light so I didn't think it was a big deal, although was confused as it was supposed to have been recently serviced. Still, I had a universal fault code reader which displayed no faults so I guessed it had just come on in error. It wasn't for a couple of weeks that I began to think how sluggish the car was and became suspicious of the 'service light' which only came on after driving for a little while. So I looked it up and sure enough, on Vauxhalls the spanner light indicates a fault, and whats more, they need special readers to pick up some codes!

I tried to call the dealer numerous times but he would never answer so I ordered a Vauxhall code reader (Op-Com) which gave me code P0299-52 which is "Turbocharger/Supercharger Underboost". Apparently this can mean that your turbo is completely dead. I called lots more times to no avail and sent a friendlt text requesting a call back which was ignored. I just managed to get a letter out within 30 days demanding to return the car, but I heard nothing back. I can prove that I sent it but couldn't get recorded delivery because it was over the Christmas period.

Since then I've had a lot going on, but have just finished moving house and am now looking to escalate things. I would really appreciate any advice accordingly. Thanks in advance to anyone who can help!

Contents of letter (anonymised but happy to fill in blanks):

So this is from last year and you are now 12 monts later waiting to sort it?

Why write a letter and not go and take car back to dealer?

So what have you done with the car in the last 12 months?:cool:

Shaun_of_the_Dead

born_again wrote: »

So this is from last year and you are now 12 monts later waiting to sort it?

Why write a letter and not go and take car back to dealer?

So what have you done with the car in the last 12 months?:cool:

The letter indicates the car was bought in November.

shaun_from_Africa

rapidon wrote: »

Later on the day of purchase, I drove on a main road and a yellow warning light of spanner in front of car came on the dash. It looked to me like a service due light so I didn't think it was a big deal, although was confused as it was supposed to have been recently serviced. Still, I had a universal fault code reader which displayed no faults so I guessed it had just come on in error. It wasn't for a couple of weeks that I began to think how sluggish the car was and became suspicious of the 'service light' which only came on after driving for a little while.

What you've stated above could be more than enough for the dealer and a court to deny any possible claim you may have had.
A fault was indicated with the engine yet you continued driving it for a few weeks thinking that it wasn't "a big deal".
It's possible than there wasn't a major fault to begin with but the continued driving caused further damage to occur and this could seriously impact your right of rejection even if you were still within the initial 30 days from purchase.

born_again

Shaun_of_the_Dead wrote: »

The letter indicates the car was bought in November.

But as OP post Quote(highlighted in RED) says Feb 19

Shaun_of_the_Dead

born_again wrote: »

But as OP post Quote(highlighted in RED) says Feb 19

And his letter says November 19 hence my question in #2.

shaun_from_Africa

I think the "Early Feb 19" must be a mistake and the November mentioned in the letter is the real date.
Why?
Well, the OP stated that they sent out a letter of rejection just within the 30 day period allowed for rejection and they didn't manage to send this recorded as it was sent over the Christmas period.

However, only the OP can confirm exactly what the timeline was.

AdrianC

If you want to reject the car within 30 days, then you need to return the car within 30 days. Not just send them a letter.

If they don't pay, then you need to take them to court for the money.

But that presupposes it's an issue which would be covered by CRA - which it may not be, depending on the age/price/apparent condition.