Faulty car, big dealership, wanting to use warranty

laurenj0

Hello, I need some advice please as I’m unsure on where I stand

I bought a car from a large, well known dealership. We paid cash and it was just below £20,000 so I expected it to be in full working order. 

Once we drove it away we quickly realised the heating system was broken (blowing out cold air). We rang within 30 minutes and informed the dealership who asked us to drive it home (2 hours) and take it to the local branch of our dealership after the weekend. 

We then realised the back window washer was also broken. 

We rang the local dealership who asked if we could drive the car 30 minutes to a garage, which we did. They kept the car overnight and we had a courtesy car. We then had to pick the car up

We now have had the car picked up and taken 2 hours away, we’ve got a courtesy car from the original branch of the dealership. It’s been gone a week. The work required is a few thousand pounds

Ive just had a call to say they can fix the issues but they will be putting it on our warranty which we took out and pay for monthly

I was sold a faulty car, flagged it within 30 minutes and have been messed around ever since. I do not want this claiming against our warranty

Am I within my rights to refuse?
i do like the car and don’t want a refund but do I need to just call it quits and request a refund here?

The whole saga has been massively inconvenient 

born_again

Got any car details?
Is it still under manufacture warranty?

HillStreetBlues

I come from it from a different angle.
If I had spend £20K on a car  and within days it needed a repair of thousands, there is no way I would like the car.
All I would be thinking is what else is wrong with it, and when will it happen.

Your time-frame suggests  you had it under a month,  I would be returning it under short term right to reject for full refund.

laurenj0

Hi

its a used car from Evans Halshaw. 16 plate BMW X1. As far as I can see Evans Halshaw provide a 3 month warranty of their own. I need to check my own paperwork to see if this would cover the heating. 

We took out their premium warranty and pay this monthly. I just don’t feel that the fault which was identified less than an hour of purchasing should come off our own warranty. They’re saying it won’t impact us but surely the claim against our warranty will. We’re a young couple and I feel they’re trying to pull the wool over our eyes a bit. 

With all this being said, I am swaying towards just asking for a refund now as has been highlighted - what else could go wrong? Am I within my rights for a refund?

HillStreetBlues

laurenj0 said:

Hi

its a used car from Evans Halshaw. 16 plate BMW X1. As far as I can see Evans Halshaw provide a 3 month warranty of their own. I need to check my own paperwork to see if this would cover the heating. 

We took out their premium warranty and pay this monthly. I just don’t feel that the fault which was identified less than an hour of purchasing should come off our own warranty. They’re saying it won’t impact us but surely the claim against our warranty will. We’re a young couple and I feel they’re trying to pull the wool over our eyes a bit. 

With all this being said, I am swaying towards just asking for a refund now as has been highlighted - what else could go wrong? Am I within my rights for a refund?

When did you buy the car?

laurenj0

The car was purchased on 01/04/2023
we’ve had it 11 weeks on Saturday. 
The Fault was highlighted on 01/04/2023 (the day we bought it)

It’s taken them 10 weeks to get to this point where they have collected it, had it assessed and can talk about having it fixed 

I’m just unsure as it’s passed the 30 days (due to the time they’ve taken to get to this point) if I could have the full refund?

HillStreetBlues

The short term right to reject is paused once the fault is reported.
It doesn't restart until it is repaired and and then returned to you, then you have the option of accepting the repair or rejecting for full refund.

So in my view the short term right to reject is still ongoing,  so you can demand a full refund under section 22 of the Consumer Rights Act 2015

If they say you have already agreed a repair, this shouldn't matter,  as soon as it's repaired you can reject it anyway.

Grumpy_chap

laurenj0 said:

I just don’t feel that the fault which was identified less than an hour of purchasing should come off our own warranty. They’re saying it won’t impact us but surely the claim against our warranty will. 

What are the claims limits on the warranty you purchased?

laurenj0 said:

The Fault was highlighted on 01/04/2023 (the day we bought it)

It’s taken them 10 weeks to get to this point where they have collected it, had it assessed and can talk about having it fixed 

I’m just unsure as it’s passed the 30 days (due to the time they’ve taken to get to this point) if I could have the full refund?

AIUI (I am sure others will confirm), the 30-days clock stops once the fault has been notified.

daveyjp

I would press for a full refund.

Putting £20k into a 7 year old BMW is a very brave decision to take.

laurenj0

Hi I’ve spoken to the dealer 

The car is covered by their own warranty up to £509 for the engine and £100 electrics, “this is why they recommend taking the premium warranty out”

 it’s a £2000+ bill, so they now want to use our premium warranty. I took the premium warranty out for my benefit, not theirs..they provided a faulty car that’s not up to satisfactory quality. I flagged this within an hour of buying it.  So the repair should be funded by themselves. Am I correct?

the person I spoke to has now said they need to speak to their manager 

Thank you for all of the information so far, it’s massively appreciated

HillStreetBlues

I totally agree with the warranty.

Also if you did decided to return the car,  then no refund of warranty as it's been used.