Rejecting a used car

Lottie2021

Hi. 

I am hoping for some advice or comments on a problem we have.

We have bought a car from a dealer that has had problems from day one.

We have had the car now for 3 weeks and only been able to use it for our own use for 3 times and around 50 miles, the rest of the time it has been at a garage. Each time we have used it there has been an issue with it.

History

The dealer volunteered to deliver the car to us.

The next day we noticed a severe coolant leak from the car

I Contacted the dealer who told us to take the car to his “preferred and trusted” garage about 25 miles away from us.

It took 5 days for the garage to look and find the leak. They found the leak to be a cracked coolant expansion bottle and replaced it. In their opinion the leak had been there for some time. (we had to pay £50 towards this as the dealer only agreed to pay the garage £50)

Drove the car home, no leaks. 

The very next day the car was difficult to start, We took the car out and a warning message came up, Depollution System Fault, together with the engine warning light permanently on.

Contacted the dealer again. Eventually ended up having to take the car back to the local garage. It took a further week before they diagnosed the fault, a timing chain issue. The dealer then decided he didn't want to pay for the repair at his “preferred and trusted” local garage and decided to have the car collected and returned to him for repair locally. 

It took the dealer another 4 days to arrange the collection of the car. 

So the car is now back with the dealer. We have had no contact from the dealer for a week now with no reply to our messages.

The dealer has repeatedly made promises that he doesn't keep and keeps delaying proceedings and generally made excuse after excuse 

We are considering rejecting the car within the 30 day period and requesting a full refund as the car clearly is not fit for purpose.

Has anyone gone through this process or have any suggestions 

Many thanks

tacpot12

If you have home insurance,  check to see if you have legal expenses cover. If you do, give the  legal helpline a call and they should help you reject the car. It would be worth talking to them before you do anything else. 

You need to reject the car it in writing, and I would do it while the dealer has the car. 

The issue you may have is that you have allowed the dealer to start repairing the car for the Depollution System Fault, but the lack of a date when the car will be returned is, I think, sufficient to reject the car. 
   

Grumpy_chap

This link may help.
https://www.thecarexpert.co.uk/rejecting-a-car/

You have limited time left to make a rejection within the 30 days.

Did you pay for any of the car (e.g. deposit) with a credit card?

Lottie2021

Hi. Thanks for the comments and advice. 
The dealer has again been in touch and has assured us that the car will be back with us fully repaired on Saturday. However he has made these sort of promises before so will wait and see. 
Thanks again

Lottie2021

Hi again

The dealer has now returned the car to me, supposedly fully repaired.

However, as soon as I started the car, the exact same fault message appeared and the engine warning light was on again. 

The car was in the garage for repair for 22 days and has now been returned to us with the same fault message coming up that it originally went in for and the car now has other issues including rough running engine, the coolant fan comes on and stays on even when cold and a dent to the front bumper. All these were not there when the car went into for repair.

So the car will need to go back into a garage for evaluation and repair before we can use it.

This is a ridiculous situation to be placed in. 

Any advice would be greatly appreciated.

the_lunatic_is_in_my_head

www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Right to price reduction or final right to reject

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(b)to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.

(2)The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.

(3)Section 20(10) to (17) applies to a consumer’s right to receive a refund under subsection (1)(b).

(4)The right to a price reduction does not apply—

(a)if what the consumer is (before the reduction) required to transfer under the contract, whether or not already transferred, cannot be divided up so as to enable the trader to receive or retain only the reduced amount, or

(b)if anything to which section 20(12) applies cannot be given back in its original state.

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

(10)No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless—

(a)the goods consist of a motor vehicle, or

(b)the goods are of a description specified by order made by the Secretary of State by statutory instrument.

In short after 1 failed repair attempt you may reject the goods, there is no time limits for this, as it's a motor vehicle a small deduction for the limited use you've had is permitted. 

photome

hope you get your money back OP,  how much did you pay for the car and what is it, age etc

Lottie2021

Hi, thank you for your replies.

In the first 32 days of ownership it has only been used by us twice, each of these times the car developed a fault and we had to return home.  For the first fault it was in the garage for 4 days and the second fault it was in the garage for 22 days, that's a total of  26 days in the garage for repair, the remaining time it was on our drive unused waiting to go in for repair. 

As tackpot12 has suggested, as we allowed the dealer to repair the car, we could not then just reject it.

We have only travelled around 65 - 70 miles in the car.

We paid £3750 for the car, it’s a 2009 model which is quite a lot for that age of that car but it was supposedly very well maintained with low mileage. 

Many thanks

neilmcl

Lottie2021 said:

Hi, thank you for your replies.

In the first 32 days of ownership it has only been used by us twice, each of these times the car developed a fault and we had to return home.  For the first fault it was in the garage for 4 days and the second fault it was in the garage for 22 days, that's a total of  26 days in the garage for repair, the remaining time it was on our drive unused waiting to go in for repair. 

As tackpot12 has suggested, as we allowed the dealer to repair the car, we could not then just reject it.

We have only travelled around 65 - 70 miles in the car.

We paid £3750 for the car, it’s a 2009 model which is quite a lot for that age of that car but it was supposedly very well maintained with low mileage. 

Many thanks

There's two things you need to be aware of regarding your rights under the CRA. Firstly, your 30 day, short term right to reject is paused whilst your car is being "repaired" and doesn't restart until you've both agreed that the remedy has been successful. On top of that the seller is only allowed a single attempt at repair and if subsequently fails then you are entitled to a final right to reject.

So to sum up you can still exercise your right to reject this car for a full refund.

kayleighali

I am by no means a mechanic, however, I had a timing chain issue on a previous car. The garage I took it to told me that it was a big job and very costly as the timing chain would need to be replaced before it could be classed as fixed. I would have doubts that this dealer had gone to all that expense on a car of relatively low value.

As I say, I am not a mechanic so I don't know whether the advice given was general for all cars or just for my specific situation, I took the car away with the view of saving the money as quickly as possible...unfortunately the timing chain snapped and the car died and went to scrappy heaven a week or so later

Brie

Not a mechanic either but I know that whenever I have problems with something I purchase I'm always unhappy with it and it niggles every time I use it so I'd say return the car and insist on a full refund. 

Face it you won't be able to sell it for a decent price in good conscience so get rid now and start anew and with a new dealer too.