Do I have a right to return my new car?

pottsarella

Hi,
Hoping someone can help me out... I purchased a brand new car in December on PCP yet it has been back to the garage twice now for the same fault. It is currently being dealt with by the manufacturer directly as the fault has been identified as needing a software update to fix it but they have had it for 3 weeks now with no say on when I will get it back. I have seen that I may be able to reject the car under the Consumer Act, does anyone know anymore if this is true? The fault is the forward emergency brake keeps applying itself when driving and the fault requires the software update to make the sensor less sensitive, however this doesn't give me any confidence in driving the car when/if I get it back. It really frightened me when it happened and just would like to know further where I stand on returning the car/if I can?. Will I lose the money on the payments and deposit I've already paid? It doesn't give me much confidence in their ability as the first time it was in the garage I was fobbed off with the excuse that I wasn't applying enough acceleration up a hill and then I was resting my foot on the clutch. 
Thanks 

DoaM

Yes you can reject the car ... if it's back again for repair then the seller has had their single opportunity to make the goods conform to contract per the Consumer Rights Act 2015.

In terms of payments - you'd need to address that with the finance company. The seller is allowed to reduce the amount of refund to account for ownership ... how much this is depends on how long and how many miles. (If the same fault applies and it was first reported within the first 30 days from delivery then any refund should be in full).

pottsarella

Thank you so much for that. The initial fault was reported within 30 days of delivery however they didn't look at it within the first 30 days due to not being able to get in the garage. Am I right in thinking I have to email the dealership and the finance company saying this is my intention? 

DoaM

Yes, you have to communicate your intentions to them both ... the method of communication should be in writing - email should be OK.

Note: the 30 days window freezes when you report a problem, so the fact they didn't address the issue until after 30 days from delivery is irrelevant. However, as you allowed them a repair attempt then you may have lost your Initial Right To Reject anyway, but you can invoke your Final Right To Reject. (Both terms are defined in the legislation, hence why I've written them thus).