Car issues

sepherz

Hi,

I have brought a car from a dealer through distance selling which the garage has its own terms and conditions on.

I've had an issue with one of the gadgets not working, let's say cruise control. This wasn't tested by the garage, or mentioned by me or the garage during the sale but it was on the advert as part of the cars original specification.

I've emailed the garage to request assistance to get this fixed. They responded telling me the car is not new and they don't make them new. They said to return the car if I'm not happy. 

I have emailed back to state this is part of the car specification and would be expected to work. They emailed me back and told me they could resell the car with this issue, even for more money so return the car. Lovely!

I'm fully aware of my rights with distance selling. I can return the car for a full refund but apart from this issue I am happy with the car and want to keep it. I've had it checked over and everything else is OK.

Can I use consumer rights in this situation to request a repair to the vehicle? Note I signed a PDI document but this gadget was not on the checklist.

Thank you.

Sandtree

Basically no, your only statutory right is to reject the car for a refund (assuming you notified within 30 days), you cannot force them to fix it. If it was after 30 days then it is purely their decision if to repair, refund or replace (though replace is not a realistic option in the used car space most the time)

Aylesbury_Duck

As above, they're offering a fair remedy as is their obligation, a remedy that puts you back in your original position.  If you choose not to accept it, they're not obliged to offer an alternative.

born_again

@Aylesbury_Duck

Thanks. Yestwrong thread and wondered where it had gone....

Deleted.

the_lunatic_is_in_my_head

If a feature was listed then I think it's fair to expect it to work, whilst you can't force them to repair if you request the trader repair (or replace) the goods and they refuse you have the final right to reject or the right to a price reduction. 

Value of price reduction could possibly be the cost of repair or the difference in value should the car not have the feature. 

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.

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. 

Aylesbury_Duck

born_again said:

On of the things the consumer rights mentions in relation to car problems is:

be of satisfactory quality (taking into account its age and mileage)

https://www.which.co.uk/consumer-rights/advice/the-car-i-bought-has-a-problem-what-are-my-rights-aAnMC5b0ZzJb

So a Autobox with 93K on it is something that is going to be at risk of having issues.

As others have said. Take it to a trusted independent (if you do not know any, then ask friends etc or local facebook group) You should get a report, but it will cost you. But they can also give you a price for repair.
You can then make a decision on which is the best way forward.

I think you intended to post this on a different thread, didn't you?

Grumpy_chap

sepherz said:

Hi,

I have brought a car from a dealer through distance selling which the garage has its own terms and conditions on.

I've had an issue with one of the gadgets not working, let's say cruise control. This wasn't tested by the garage, or mentioned by me or the garage during the sale but it was on the advert as part of the cars original specification.

I've emailed the garage to request assistance to get this fixed. They responded telling me the car is not new and they don't make them new. They said to return the car if I'm not happy. 

I have emailed back to state this is part of the car specification and would be expected to work. They emailed me back and told me they could resell the car with this issue, even for more money so return the car. Lovely!

I'm fully aware of my rights with distance selling. I can return the car for a full refund but apart from this issue I am happy with the car and want to keep it. I've had it checked over and everything else is OK.

Can I use consumer rights in this situation to request a repair to the vehicle? Note I signed a PDI document but this gadget was not on the checklist.

Thank you.

You seem to have been offered a full and fair remedy.

Anything outside that would have to be by mutual agreement.