Reject Vehicle / Consumer Rights Act

Lamplighter

Hi there

I'm looking for some advice / further support to get this over the line, please.

Basic facts:
- bought a low mileage used car (38k miles, 2013 plate) via hire-purchase finance in Sept 2020 (8 months ago)
- car had a brief loss of power on the pre-purchase test drive, mentioned it to the dealer's rep in the car, but didn't happen again and they said if there was any fault it would be covered by warranty
- yellow EMS light came on 3 days after buying and taking possession, told dealer, but with garages closing due to COVID, they said it was a warranty issue but would be safe to drive in the meantime
- loss of power issue kept happening, seemingly more so, and on a couple of occasions dangerously when pulling out of junctions and entering roundabouts
- called dealer in Feb and told them it was dangerous, they agreed, said to take it to the main dealer, then another of their staff called and instead said they'd collect with a low loader
- dealer returned car a few days later "as sweet as a nut" and with EMS light extinguished
- fault returned the following day, took it into their garage, where the mechanic admitted they'd done nothing previously other than clear the faults
- checked MOT history to discover car had done only 350 miles in two years before I bought it, no MOT in 2019, and had failed MOT in 2020 with EMS light before achieving a test pass
- having taken advice, decided to Reject the vehicle under CRA 2015 and wrote to finance company citing pre-existing power loss fault and that dealer had chance to remedy but failed
- finance company asked for independent review, suggested the good garage scheme, but I thought better to go to the main dealer, so took there and got them to look
- they found that the engine had been changed, and thrown in with pipes and cables loose and routed incorrectly, and various bits missing - they believed the power issue is due to the EGR valve, but said there could be any number of faults and gave me a report and video evidence
- I provided this to the finance company, and said there was no mention of a changed engine in this car, and this was obviously a pre-existing situation.

So to present day - a different chap in the finance company has called me and said they now want to get their own independent evaluation including whether the fault was pre-existing, via a company called Scotia.  I queried how they would know this beyond any of the evidence I've given them already.  I've also looked them up online, and they have a load of reviews stating they're "bent" and provide excuses for reports that favour the dealer/finance company.

I've spoken to a friend in the trade - he's said the finance company are trying it on, I've got clear rights and evidence, and I should just simplify everything and reiterate that I'm rejecting the vehicle and let them resolve it with the dealer.

I'm also concerned that the finance company have told me not to drive the car, which I said I was prepared to do if I could also stop paying their finance, cancel my insurance and declare the car SORN, and instead spend this money on hiring a car.  They said that wasn't possible, as I was contracted under the finance agreement.  I can't afford to do both!  I've been driving the car with incredible care not to pull out in front of anything, but I just want shot of it.  I have a feeling this is set to drag on - if it has to go to the ombudsman, they are quoting a 4-month delay before they even open a case.

My objective is to reject the car.  I'm not interested in some sort of repair now that I have the dealer's feedback that the engine was changed, it's been bodged in, and there are a catalogue of issues just waiting to appear.  The finance is not cheap, and the car that I thought was a good deal is actually a huge liability.  How should I proceed to best effect?

Cheers in advance.

AdrianC

It was a 7yo car when you bought it, 7 months ago. Your rights are tempered by reasonable expectations for used goods of that age.

The EML came on during the test-drive pre-purchase, again three days after purchase... then you chased it up five months later.

The fact the engine has been changed is not relevant. You could have checked the MOT history pre-purchase.

If you want to reject it, and the supplier don't agree, you need to physically return the car and all paperwork etc, then launch a court claim (if it's <£10k, small claim) for the money. The financier are equally liable with the supplier.

macman

Is this a diesel perchance? DPF issue? Low mileage, power loss, possibly going into limp mode?
Yet another case when someone assumes that low-mileage is a good thing, and doesn't check the service history or MOT record pre-purchase...
It suffered power loss on the test drive, but you still bought it? I'm speechless.

born_again

via hire-purchase finance in Sept 2020
yellow EMS light came on 3 days after buying and taking possession, told dealer, but with garages closing due to COVID, 

Since when were garages closed?
As they were open throughout every lockdown as a essential business.

jimjames

Garages were certainly open in Sept 2020 and onwards despite the lockdowns and restrictions. I've had various jobs done including 3 MOTs over that time.

Herzlos

Car dealerships closed, maintenance/repair garages stayed open.

Grumpy_chap

The OP purchased a 7 yo car with 38k miles (5k / year) about 8 months ago and now wants to reject the car because of a known fault at the time of purchase.

The time to reject this car was:

Lamplighter said:

- car had a brief loss of power on the pre-purchase test drive, mentioned it to the dealer's rep in the car, but didn't happen again and they said if there was any fault it would be covered by warranty

Or, at the vey latest:

Lamplighter said:

- yellow EMS light came on 3 days after buying and taking possession, told dealer, but with garages closing due to COVID, they said it was a warranty issue but would be safe to drive in the meantime

The OP did some check on the car:

Lamplighter said:

- checked MOT history to discover car had done only 350 miles in two years before I bought it, no MOT in 2019, and had failed MOT in 2020 with EMS light before achieving a test pass

Unfortunately, the time to do these checks was prior to purchase, not some time later.



As to what to do now, it is likely as Adrian said:

AdrianC said:

If you want to reject it, and the supplier don't agree, you need to physically return the car and all paperwork etc, then launch a court claim (if it's <£10k, small claim) for the money. The financier are equally liable with the supplier.

Given the time that has elapsed, the onus is now on the OP to prove the fault was present / developing at the point of sale.  Not always easy, even with the evidence of past MOT data.  I assume the event at the test drive was not recorded in writing, such as on the purchase paperwork "subject to full repair of EML and power loss issue"?

Maybe the best approach is to have a conversation with the supplying dealer and say what the position is.  It does not sound as though they'll be agreeable, but they must just accept the vehicle back....  Never hurts to ask.

Then LBA

Then exactly what Adrian said.

That's what I'd be doing now - others may give a different view on whether the car needs to be returned before or after the LBA.



There is another approach that could be taken. 
What car was it and how much did the OP pay for the car?
Having had the car for 8 months, even a successful rejection will be subject to a deduction for use by the OP.
Say it was a "typical" family car and paid, say £6k
Say it would now be, say £5k, after the OP's ownership (mileage, time, another RK)
So, that means a charge for the period of ownership of £1k deducted from any refund
It may be worth the OP enquiring what they can get by trading it in via WBAC / Motorway etc.  If that is not massively far from the £5k, then cutting losses may be the best route forwards as far less stress than the reject and claim route.