Consumer rights help!

sweetstyle_2

Hi all.
I purchased a used car from a dealer under a week ago, by the time I got it home the engine management light was on and after diagnostics it turns out repairs are more than the car was purchased for.

The dealer has agreed that I can swap the car for another one they have for sale, but are deducting £200 from what I purchased the original car for to cover "advertising and valet" - are they allowed to do this? Under Consumer rights act 2015, I understand a full refund should be provided...especially given that I will be off setting this against another car they have.
Any advice would be great asap.

Thank you

AdrianC

No, they aren't allowed to do so.

However, the easiest route is probably to accept under protest, swap the car, then pursue them for the £200 via a small claim.
Although, frankly, given their attitude I'd be pushing for a refund - even if, again, subject to that £200.

I presume we're talking about a car at the lower end of the market...?

Hi_Fidelity

If goods fail to conform to contract then within 30 days you can exercise your Short Term Right To Reject the goods for a refund. Normally this would be in full but there is an exception for motor vehicles where the seller can reduce the refund to account for any loss of value due to the consumer's ownership - I'm not sure if this reduction still applies within the first 30 days though.

How did you pay for the vehicle, and how much?

Hi_Fidelity

PS - the seller can insist that the consumer proves that the fault exists, but it sounds like you've already done that.

(I can't edit my posts yet, hence this 2nd post).

foxy-stoat

Just drop the car back and get your full refund.  Look for another car, if its only a few grand then try a private seller that has owned and looked after the car for a few years.

macman

So the EML didn't come on when you took your test drive then?

Hi_Fidelity

macman said:

So the EML didn't come on when you took your test drive then?

Often the EML won't come on until about 50 miles after it has been reset, so unlikely to come on during a test drive.

AdrianC

Hi_Fidelity said:

macman said:

So the EML didn't come on when you took your test drive then?

Often the EML won't come on until about 50 miles after it has been reset, so unlikely to come on during a test drive.

It'll come on instantly if there's a fault.

Hi_Fidelity

Depends on the fault ... some require a build up of "stuff" to exceed a threshold before the sensor will flag an issue.

foxy-stoat

Hi_Fidelity said:

Depends on the fault ... some require a build up of "stuff" to exceed a threshold before the sensor will flag an issue.

I would agree with that but resetting the EML doesn't remove the "stuff" from whatever sensor you are talking about.

Hi_Fidelity

I can only speak from experience ... on a previous vehicle I had the EML come on and the car went into limp mode. The EML was reset and all was OK ... until ~50 miles later when the EML/limp mode repeated. Reset EML and repeat. From memory it was a faulty lambda sensor and it took time for the accumulated value to exceed the threshold to trigger the EML. Once the sensor was replaced all was OK. (There was no actual combustion issue - merely a sensor fault).

So I stand by my assertion.