Faulty Car From Dealership, Refusing Refund

Richard_RM

I bought a Vauxhall Astra 2.0 Diesel from a dealership in Cleckheaton on 11th November 2022. Within 26 days the car broke down with a serious fault with the Diesel Particle Filter, resulting in the AA having to recover the vehicle and return to the dealership. They had the car in the garage for about a week before returning, whereupon it initially drove fine but the same fault developed again another three weeks later, basically making the car undriveable.

I have requested a refund on the car under the Consumer Rights Act (CRA) but they are point-blank refusing, stating (via their lawyer) that the car was fine at the point of sale and that I've caused the fault through my "driving style". (Note that at the time of the first fault I'd done about 500 miles in the car, of which about 300 were on the motorway).

Under the CRA 2015, it states that "you have a short term right to reject your car if it is of unsatisfactory quality, unfit for purpose or not as described. You can get a full refund. However, you should remember that this right is short-term and is only limited to 30 days from the date you brought your car."

I am currently preparing a court case against the dealership (via Small Claims). The part I am unsure about here is the 30 days. Because the initial fault occurred at day 26, does this mean that the 30 day rejection period still applies? I have read some articles that indicate that if a fault becomes APPARENT within 30 days, then even if the case extends beyond this, the pre 30 day limit can still be applied.

Does anyone know if this is true and something I can rely on in the small claims court?

HillStreetBlues

I won't get into the issue if the Diesel Particle Filter is a reason for return as haven't a clue

The short term right to reject has ended,  it paused while getting it "fixed"  you then had another 7 days after that.
What you would be looking at is the  final right to reject.
With a repair they have one attempt to fix the issue, they had the one attempt.

So if the problem is classed as a major one,  you would be entitled to a refund

But as it's a motor vehicle they do have a right to deduct money from the refund to cover the use of it.
 

Richard_RM

Hello! Thanks for the reply. I would be fine with a reduction due to the usage I've had out of it. It had 86,600 miles on the clock when I bought it and I have done about 800 miles since then. If they want to offer me 1-2% less than I paid for it, that's fine with me.

HillStreetBlues

The trouble is there is no set figure or even calculation to work out the refund
But as you are going to court the judge will decide.

Just to check, it is a personal vehicle.