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Bought used car from dealership with faulty clutch - what are my rights?

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Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    macman said:
    As above - you are beyond the 30days now so hopefully you Informed the dealership a couple of weeks ago.
    Also what car/age/mileage ?
    I informed them 5 days ago as they needed to know that the issue had been present from day one. Car has just over 100,000 miles on it Peugeot 3008.
    You purchased it on 23/6/20. So your 30-day rejection rights expired on 23/7/20. You didn't inform them until 31/7/20: 8 days too late. It doesn't matter when the fault was present from: the right to reject it must be used within those 30 days.
    The passing of the 30 day deadline only affects the outcome, though, not liability. The garage now have the right to repair, rather than the OP being able to insist on a refund...

    Of course, that's IF they accept that a knackered clutch is a fault outside reasonable expectations for a 100k-mile car...

    Should the garage not agree, then it's ultimately up to a court to decide.
    You are making a lot of optimistic assumptions based on your misunderstanding of CRA 2015.
    Agreed.
  • Cheers for the responses.
    The garage replied to one of my follow up emails saying their "complaints department" will get back to me within 72hrs with a resolution - which expired yesterday morning. I emailed them in the afternoon with no reply so tried calling them this morning without success. Sent another follow up email.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why on earth did you not take the car for a test drive ?
    It's going to be your and your mechanics's word against theirs as to when the fault occurred.
    "Sorry mate, you've had it for 5 weeks and wrecked the clutch" 
    ...is the question that comes up with increasing regularity on this board, depressingly so. Often combined with 'I bought it from a dealer 120 miles away and they wouldn't come and collect it when it broke'. 
    No free lunch, and no free laptop ;)
  • Jack_Cork
    Jack_Cork Posts: 231 Forumite
    100 Posts First Anniversary Name Dropper
    Never EVER buy a car without road testing it.  
    Never EVER buy a used/second hand car without road testing it.  
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Jack_Cork said:
    Never EVER buy a car without road testing it.  
    Never EVER buy a used/second hand car without road testing it.  
    So you buy a brand new car without testing it.  Turns out it isn't for you after all.  You have no rights to return it as there are no faults with it.  Quite a hit you will have on resale. So no, I'd say road test ANY and EVERY car, no matter what age or whether new.
  • Ectophile
    Ectophile Posts: 8,028 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Jack_Cork said:
    Never EVER buy a car without road testing it.  
    Never EVER buy a used/second hand car without road testing it.  
    So you buy a brand new car without testing it.  Turns out it isn't for you after all.  You have no rights to return it as there are no faults with it.  Quite a hit you will have on resale. So no, I'd say road test ANY and EVERY car, no matter what age or whether new.
    There's a big difference though.  With a new car, the car you are buying often hasn't even been made yet.  You can test drive a car of the same make and model, but you can't test drive a car that hasn't been built yet.
    But with a used car, you can, and should, test drive the specific car you are thinking of buying.

    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Ectophile said:
    Jack_Cork said:
    Never EVER buy a car without road testing it.  
    Never EVER buy a used/second hand car without road testing it.  
    So you buy a brand new car without testing it.  Turns out it isn't for you after all.  You have no rights to return it as there are no faults with it.  Quite a hit you will have on resale. So no, I'd say road test ANY and EVERY car, no matter what age or whether new.
    There's a big difference though.  With a new car, the car you are buying often hasn't even been made yet.  You can test drive a car of the same make and model, but you can't test drive a car that hasn't been built yet.
    But with a used car, you can, and should, test drive the specific car you are thinking of buying.

    So you would risk a high value item without checking if it is really for you?  That's plainly ridiculous and that is what Jack is suggesting.  Especially as he went to the effort of 'correcting' me.  If you are simply buying exactly the same model with absolutely no changes, fair enough.  But I wouldn't buy a car without checking whether it is right for me.  Better that than potentially lose thousands?
  • MinuteNoodles
    MinuteNoodles Posts: 1,176 Forumite
    1,000 Posts Name Dropper
    So you buy a brand new car without testing it.  Turns out it isn't for you after all.  You have no rights to return it as there are no faults with it.  Quite a hit you will have on resale. So no, I'd say road test ANY and EVERY car, no matter what age or whether new.
    A typical 20-30 minute road test isn't going to tell you whether the car is for you or not. If you want to do that you're best hiring one for a week and doing your normal running around in it and then you'll find out whether it's suitable or not.

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