Do I have any rights ?

Alderbank

RefluentBeans said:

smallzoo2 said:

Thank everyone.. this is what they actually said to me. The are putting me under so much pressure to repair the car. The wife is suffering anxiety attacks which is perfect for them as she is really worried it might go to court and we would lose. We even offered to exchange the car for one of their cheaper cars.

"Hello, How has it caused you any issues ?, Has the car broke down ?, no it hasn’t, there is a minor whine which we have said we will sort it no problem at all, You have agreed to have the car repaired, You have arranged with us to drop the car off which has now caused us problems as we have had our mechanic in today to look at the vehicle when he doesn’t work on a weekend. 

It’s sounds like to us that you just do not want the car and are trying to find reasons to return it and swap it for a cheaper car ? which automatically rings alarm bells in out heads? 

Why would you want to exchange a lovely car like that automatic X1 which are very easy to drive, i know this personally has my girlfriend has one and they are definitely not hard to drive,  for an 186,000 miles audi estate when you want something reliable for your mrs and daughter, Or even an old Hyundai santa fe which is a very big car and will 100% be a lot harder to drive than the X1.

Also im pretty positive 2 manual vehicles will be a lot  harder to drive than a automatic X1.

There is obviously a different reason you want to downgrade to a cheaper car.

Unfortunately we will not be exchanging the vehicle as we are not argos and have a business to run.

The car will be inspected and if there is a minor whine it will be repaired and handed back to you.

I have already spoken to our legal department who are authorised by trading standards and we are well within our rights."

I’m not sure where this idea of significant fault came from. Are motorising purchases not considered under the CRA as products? Surely any fault is allowance for the short term right to reject.

I've never heard the term 'motorising purchases' before and don't know what it means. But vehicles are certainly 'products' under CRA and are covered.

Faults are not defined in detail in the CRA, the grounds for exercising the short term right to reject would be 'not of satisfactory quality'. Not all faults would render a vehicle 'not of satisfactory quality'. It depends on factors like the vehicle's age and condition, the price, and how easily they can be fixed.

The Government Dept of Business and Trade attempts to give help to motor traders about what this means in this guidance:
Part B: Your obligations under the Consumer Rights Act 2015 (CRA) 
https://www.businesscompanion.info/focus/car-traders-and-consumer-law/part-b-your-obligations-under-consumer-rights-act-2015-cra

Ultimately it is a question of fact in any specific case. If taken to court the judge would decide whether the faults claimed by the claimant did in fact constitute 'not of satisfactory quality'. It's not a slam dunk.

born_again

RefluentBeans said:

It sounds like you’re going to be in for a battle - so good luck. If you can get the car repaired (and the full check to identify other ‘faults’ which the dealership should repair) then it may be worth just accepting it - if you want the car. If there’s major faults (which I would consider anything that is checked in an MOT, even if just a warning) then tell them there are major faults with the car, and they are obligated to refund you under your right to reject within 30 days. 

If they are advisories then they are not a major fault. Don't forget retailer will be able to see MOT & what is listed. So telling the OP to not tell the truth, may just make a trader shut the door, go bust & leave them with a broken car.

smallzoo2

An update for you. I had a recommended local mechanic take a look at the steering and he said it was heavy so he checked the PAS reservoir... and guess what ?.. it had been filled with brake fluid not the PAS fluid !!

he also check the bonnet and there are two metal catches, only one had a plastic retainer, the other didnt which meant if it had moved and we had closed the bonnet you wouldnt  be able to open it again !

This really begins to worry me that this car is a bag of bones