Rejecting a car on finance due to fault

btirvine

Hi folks

Hopefully someone could help me with this subject as I'm not sure where to turn. 

I bought a used car less than two weeks ago. Within a week I'd noticed a problem, the car was running right around 30-40mph, and the issue could be felt in the car as a driver. I reported this to the dealership who said to bring the car back to be checked yet couldn't book in until the first week of March.

Keeping in mind the 30 days to return etc, I took the car to an official Hyundai dealership (the car itself is a Hyundai) closer to home as the dealership I bought the car from is almost 2 hours away. The garage identified a number of things requiring 'urgent attention'. The main culprit of the issue being a worn trackrod end, along with issues with the car's brakes. I informed the dealer of this and supplied the corresponding evidence. However they're rejecting this and believe this other garage is looking work and identifying things of little concern, suggesting these problems would mean an mot failure which the car has recently passed. This is despite me making clear to the testing garage, that I wanted to know what was wrong and the work would potentially be carried out by the original dealership. 

I've no trust now that this work will be carried out to satisfaction and want to reject the car as I believe is my right. The dealship say the need me to bring the car to them to be checked before they make a decision. 

I'm worried they'll say nothing is wrong when clearly there is. If they do concede there is an issue, I believe I can still refuse a repair and reject the car. I simply don't trust the work will be done and to be sure I'd have to take the car to yet another garage. 

As it stands, I'm travelling to the dealer tomorrow and have informed the finance company of the issue. 

Is there any advice someone could offer me in this situation. It would be much appreciated. 

Many thanks 

Anthony147

It’s not what you want to hear but:
Yes the car needs to go back and this cost / inconvenience is not definitely at the dealers expense unless the terms say so
Yes they get the choice to repair, refund or replace

The 30 day you mention is not a “right” it’s either part of the dealers terms and conditions or not. 

No - having no trust is not grounds for rejection so concentrate on what’s wrong with the car

Also expectations are tempered by the age / mileage and price paid so niggles, small faults are allowed commensurate with what would be normal for a similar vehicle.

The good news is as this is the internet someone will be along to tell you something different shortly.

shiraz99

Anthony147 said:

It’s not what you want to hear but:
Yes the car needs to go back and this cost / inconvenience is not definitely at the dealers expense unless the terms say so
Yes they get the choice to repair, refund or replace

The 30 day you mention is not a “right” it’s either part of the dealers terms and conditions or not. 

No - having no trust is not grounds for rejection so concentrate on what’s wrong with the car

Also expectations are tempered by the age / mileage and price paid so niggles, small faults are allowed commensurate with what would be normal for a similar vehicle.

The good news is as this is the internet someone will be along to tell you something different shortly.

I'm sure he's referring to his short term (30 day) right to reject, as enshrined in the Consumer Rights Act, in which the OP does have the right to a full refund within 30 days should he be able to prove a breach of contract in the sale of the vehicle.

DB1904

Anthony147 said:

It’s not what you want to hear but:
Yes the car needs to go back and this cost / inconvenience is not definitely at the dealers expense unless the terms say so
Yes they get the choice to repair, refund or replace

The 30 day you mention is not a “right” it’s either part of the dealers terms and conditions or not. 

No - having no trust is not grounds for rejection so concentrate on what’s wrong with the car

Also expectations are tempered by the age / mileage and price paid so niggles, small faults are allowed commensurate with what would be normal for a similar vehicle.

The good news is as this is the internet someone will be along to tell you something different shortly.

Short term right to reject?

btirvine

DB1904 said:

Anthony147 said:

It’s not what you want to hear but:
Yes the car needs to go back and this cost / inconvenience is not definitely at the dealers expense unless the terms say so
Yes they get the choice to repair, refund or replace

The 30 day you mention is not a “right” it’s either part of the dealers terms and conditions or not. 

No - having no trust is not grounds for rejection so concentrate on what’s wrong with the car

Also expectations are tempered by the age / mileage and price paid so niggles, small faults are allowed commensurate with what would be normal for a similar vehicle.

The good news is as this is the internet someone will be along to tell you something different shortly.

Short term right to reject?

Thanks folks. Yes, I'm referring to short term right to reject. I've had the car 14 days at this point. 

Grumpy_chap

You say you are not local to the supplying garage.  Did you buy the car in person and test drive, or was it a remote purchase and the car delivered to you?

btirvine

Grumpy_chap said:

You say you are not local to the supplying garage.  Did you buy the car in person and test drive, or was it a remote purchase and the car delivered to you?

Yes, it was bought in person following a test drive. I didn't get it possession of the car until the dealship handled the vehicle's mot which was expired from November if I remember correctly. The issue didn't become apparent until a few days later when I came to the realisation that I wasn't fooling myself about something not feeling right when driving. 

ontheroad1970

btirvine said:

Grumpy_chap said:

You say you are not local to the supplying garage.  Did you buy the car in person and test drive, or was it a remote purchase and the car delivered to you?

Yes, it was bought in person following a test drive. I didn't get it possession of the car until the dealship handled the vehicle's mot which was expired from November if I remember correctly. The issue didn't become apparent until a few days later when I came to the realisation that I wasn't fooling myself about something not feeling right when driving. 

It will be your responsibility to get it to the dealer.  Had it been delivered to you in a completely remote sale, then they would have to pick it up.

What is the age of the car?

Anthony147

shiraz99 said:

Anthony147 said:

It’s not what you want to hear but:
Yes the car needs to go back and this cost / inconvenience is not definitely at the dealers expense unless the terms say so
Yes they get the choice to repair, refund or replace

The 30 day you mention is not a “right” it’s either part of the dealers terms and conditions or not. 

No - having no trust is not grounds for rejection so concentrate on what’s wrong with the car

Also expectations are tempered by the age / mileage and price paid so niggles, small faults are allowed commensurate with what would be normal for a similar vehicle.

The good news is as this is the internet someone will be along to tell you something different shortly.

I'm sure he's referring to his short term (30 day) right to reject, as enshrined in the Consumer Rights Act, in which the OP does have the right to a full refund within 30 days should he be able to prove a breach of contract in the sale of the vehicle.

Agree I worded this incorrectly and ultimately very badly - You do have a right for significant faults.

DB1904 said:

Anthony147 said:

It’s not what you want to hear but:
Yes the car needs to go back and this cost / inconvenience is not definitely at the dealers expense unless the terms say so
Yes they get the choice to repair, refund or replace

The 30 day you mention is not a “right” it’s either part of the dealers terms and conditions or not. 

No - having no trust is not grounds for rejection so concentrate on what’s wrong with the car

Also expectations are tempered by the age / mileage and price paid so niggles, small faults are allowed commensurate with what would be normal for a similar vehicle.

The good news is as this is the internet someone will be along to tell you something different shortly.

Short term right to reject?

Same as above

Grey_Critic

Think we are forgetting that whilst the OP may be able to return the car he still has to convince the finance company.

ontheroad1970

I don't see how the finance company's wishes can overrule UK consumer law.  They can charge interest for the period involved, I suspect, but they can't supersede the law.