Rejecting a car, where do I stand?

firebird_uk

I bought a 62 plate Subaru WRX STI last December from a dealer, it was on finance.  All went well until early March when the engine suddenly started making a noise like a bunch of spanners were loose in the engine compartment.

Informed the garage, in early March, just as lockdown was about to start. Had a few emails from them, more worryingly one saying they didn't think whatever it was would be covered by the 12 month Gold warranty the car can't with.

Their website said they were still open, despite lockdown, but they wouldn't reply to me or answer the phone.  By the end of March I contacted the finance company and explained the problem.

The finance company sent an independent mechanic out to inspect the car, and he diagnosed the car has having substantial engine damage, couldn't confirm more without taking the engine apart.  Having done less than 1800 miles in 3 months, he confirmed that the fault would have been on the car when I purchased it.

The finance company found in my favour and managed to get the dealer to agree to take thecthe back to repair it.  I had to arrange to get the car there myself (the dealer is about 150 miles from home).

They've had the car since early June, and I didn't hear back from them until I called them this week

They've confirmed the car needs a new engine, but referred me to the warranty - a limit of £500 per claim (which I wasn't aware of until after they delivered the car to me).  They didn't say they would or wouldn't be repairing the car, but wanted to speak to the finance company.  For what purpose I don't know.  I said I expected it to be repaired under the Consumer Rights Act, as per the findings of the finance company.

Where do I stand?  Can I reject the car at this point?  I've owned the car for nearly 7 months, and for 4 of those the car has been off the road (and with the dealer for one month).

How long is reasonable to wait for them to repair the car?

Just wish I could walk away from this car and get one that works 😟

AdrianC

You will need to reject the car, then if they do not refund the money, launch a small claim. The financier are equally liable, so the rejection has already been accepted (in writing?) - ask them why they aren't refunding the money.

TBH, though, an 8yo high-performace car that's killed the engine after four months of ownership... I think you're going to be lucky. It certainly isn't open-and-shut.

facade

firebird_uk said:

All went well until early March when the engine suddenly started making a noise like a bunch of spanners were loose in the engine compartment.

Subarus are known to burn a lot of oil (even more than a VW)  Unless they are checked and topped up really regularly- every 300 miles or so they will run low and wear the big end bearings out- made worse by the sort of "spirited" driving that a lot of these cars experience..

After 1800 miles & 3 months you are going to have a hard time proving that it was a previous owner that did the damage I'm afraid.

Here is a typical oil-starved EJ engine if you are interested https://www.youtube.com/watch?v=bJSYDBjkJNQ

firebird_uk

It's my fifth Scooby, so I'm not a newcomer to them.  Always checked the oil was ok.  Did notice this was drinking it a little quicker than the others I've had did.  I appreciate it's an older car now, but still cost £15k, and is relatively low mileage - just over 60k.  Still expect it to last more than three months.

The finance company sent an independent inspector and said the fault would have been there when I purchased it (got that in writing).  That was after only having the car three months, back in March.  The car has been off the road since.

Just wondered if I was in my rights to reject it at this point?

AdrianC

firebird_uk said:

It's my fifth Scooby, ...  Did notice this was drinking it a little quicker than the others I've had did.

Congratulations, you've just admitted you knew there were symptoms but ignored them.

DoaM

If you have an independent report confirming (on the balance of probabilities) that the vehicle was sold with an inherent fault, and the seller is refusing to provide a remedy per the Consumer Rights Act 2015 (repair, replace or refund with a small reduction for mileage added) - none of this "only £500 covered by warranty, sir" rubbish - then raise a Section 75 claim with the finance provider.

firebird_uk

Thought I'd update you all with how I got on with this...
The finance company sided with me and held the dealer liable under the Sales of Goods Act.  The major fault must have been present at the point of sale.  The car is now being repaired with a new engine (well, refurbished I guess), at no cost to me.  The dealer did try to haggle to get me to stump up some money (a third of the repair estimate - my cut would have been £3300) - I held my ground and they backed down.

williamgriffin

Ten grand for a new engine in an eight year old car, I'm surprised they didn't just have it back. 

fred246

Good to see the CRA working for the consumer. If you read the thread you can spot the usual suspect saying "it's an old car. You can't expect much". Will he ever learn?

Mercdriver

fred246 said:

Good to see the CRA working for the consumer. If you read the thread you can spot the usual suspect saying "it's an old car. You can't expect much". Will he ever learn?

Are you related to sweetsand?

fred246

Never heard of them.