Car refund

Jww84

Hi am wondering if anyone can help point me in the right direction here.
I bought a car from perrys nearly 6 months ago but I have had no end of issues with it.
I had a sensor go on the exhaust when I first got it and when I came to collect I found loads of fresh scratches on the paintwork so within 48 hours the car was back with them an I had a courtesy car for 2 weeks. Came to collect the car another warning light on the dash came on this issue was sorted within 48hrs. Roll forward a few months more warning lights an car goes into limp mode because the dpf failed I was with out the car another three weeks while this was all replaced. A month later the car goes into limp mode the the dpf warning again. All this time I have had a courtesy car but I have had zero contact from the garage I have been chasing for an update with nobody ringing me back until I got to speak to someone this week saying its another exhaust part gone but it's not covered by the warrenty but they are fighting it. End of the day now I am sick of it I have zero faith an want my money back an I want to start the process of trying to get my money back but have no idea where to start so someone please help me. The on going stress of it all has not done my Mental health no good at all

Grey_Critic

New or Used?

Jww84

Grey_Critic said:

New or Used?

It's a used car. Paid 11k for

HillStreetBlues

Under Consumer Rights Act 2015 you can reject the car for a refund
After reporting the fault they have one attempt to correct it before you can ask for a  refund.
Clearly they have had that chance,  so you can reject the car as faulty.

Normally you are entitled to a full refund,  but with a car it's different, they car allowed to deduct a fee for usage.
There is no hard and fast rule of how this deduction is calculated.

Further reading
https://www.moneyhelper.org.uk/en/getting-help-and-advice/consumer-rights/consumer-rights-what-you-need-to-know#consumerrightsact2015


EDIT
If bought from a private seller  above info doesn't apply.

uk1

HillStreetBlues said:

Under Consumer Rights Act 2015 you can reject the car for a refund
After reporting the fault they have one attempt to correct it before you can ask for a  refund.
Clearly they have had that chance,  so you can reject the car as faulty.

Normally you are entitled to a full refund,  but with a car it's different, they car allowed to deduct a fee for usage.
There is no hard and fast rule of how this deduction is calculated.

Further reading
https://www.moneyhelper.org.uk/en/getting-help-and-advice/consumer-rights/consumer-rights-what-you-need-to-know#consumerrightsact2015


EDIT
If bought from a private seller  above info doesn't apply.

It may or may not be quite as straightforward.  The issues might be more complex for a number of reasons and to be fair no one including myself can predict how this might end if it ends up  as a small or fast-track claim.

Firstly, there isn’t a single fault but several that seem to follow one after the other and unless the car is rejected on discovery of the first fault and the garage then being clearly offered a single chance of fixing the fault and then having tried and been unable to permanently rectify it then unless the customer at that stage fails to demand a refund he may be deemed to have accepted the further repairs as his preference.  This may at least be what the garage would be likely to say which might be reasonable if they mitigated the OP’s inconvenience by providing a loan car. 

If that fault is then repaired and further faults emerge it is important to place a clear stake in the ground and demand a refund.  If such a demand isn’t made then it might be seen that there was a mutual agreement because the customer seemed to prefer a repair than a refund the inconvenience being mitigated by the provision of a loan car.  Many people do not reject cars with several faults and it does turn out (eventually) alright. 

All I’m suggesting is that it might not be so straightforward if a rejection of the car isn’t made promptly. 

A way forward might be for the OP to write a short letter explaining that “enough is enough”, and that whilst he was willing to give the garage a reasonable chance to rectify each fault as it emerges, the car has never effectively been delivered in a driveable condition.  The argument could be that the car hasn’t yet been delivered.  So he needs to say in a friendly and non-confrontational way that he needs to move on and wishes to receive a full refund. 

The guiding factor should be to try and work with them, and not threaten court action until no other alternative is available.

If you have car or household insurance with legal cover that may or may not be of help. 

The very best of luck with this it is clearly stressful. 

HillStreetBlues

The OP  would have lost the short term right to reject as they accepted a repair.
But this doesn't stop future rejection of a fault(s).

There is no scope in the Act for having to be a "single" fault  they are all classed as the same.

The issue with the exhaust is classed as a faulty car
The limp mode  is also classed as a faulty car, as the product bought is the car not individual items.

To me the dealer seems to be using the warranty, when if fact the dealer should be paying for it.

I would also write friendly without threatening court e-mail/ letter to the dealer, but would be mentioning CRA 2015 and rejecting on those grounds. As I feel that would add more weight than a just please give me my money back.

Jww84

So I sent a letter but they are offering me an exchange not a refund saying without going into any detail that they could not give me a refund

HillStreetBlues

Jww84 said:

So I sent a letter but they are offering me an exchange not a refund saying without going into any detail that they could not give me a refund

Would depend on what the exchange is.
If they are willing to exchange it for another £11k car then could be worth it.
As could save a battle, and any refund could well be less than £11k
If you paid anything on a credit card you have more options.