Used Car Rejection

Aylesbury_Duck

powerful_Rogue said:

GecHo said:

the car is a 68 plate with 72000 miles which i purchased on 18.11.2.23 and was collected for repair which i have never agreed to on 20.11.2023 and never seen the car since. today is the 13.01.2024. i did test drive the car which ran out of fuel on the test drive which should have been a red flag. the was purchased by a large dealer with 6 showrooms across the country. have since had the final response letter from the finance company and they have sided with the garage and i cant reject the car. fca and ombudsman been informed so just waiting.
there was an issue with the finance agreement when i purchased the car which has now come to light. the dealer told the finance company the car had done 29000 miles and over a 4 year pcp this would leave the end mileage around 57000 but the car had done 72000 miles and with 4 years at 7000 would end the car with around 100,000 miles would leave me to pay around 43000 x 0.9p in over mileage. is this not fraud ??
so lets see what happens

Not sure why running out of fuel would have been a red flag. Did you not look at the fuel gauge?

I was curious, too.  In my experience, dealers leave minimal fuel in cars on the forecourt, this was probably a simple case of misjudging what was left.  Certainly not a red flag.

Anyway OP, as Alderbank says, the dealer has complied with their obligations so far.

photome

Alderbank said:

18 November: you bought the car.
19 November: you identified some faults and told the dealer you wanted to reject.
20 November: the dealer collected the car for repair.
20 Nov - 15 Dec: you were told the car was fixed and was ready for you to collect but you refused and insisted to both dealer and finance company that you still wanted to reject it.
15 December: the finance company confirmed that they would not accept your claim to reject.

If the above is correct then I am afraid that is how the law works, they have complied with the law and the car is yours.

What you must do now is collect the car and give it a thorough trial and inspection. If there are still any significant faults it would be wise to get an independent inspection, such as RAC inspection.

If, and only if, there are still significant faults which you were not told about and where not evident when you test drove the car, you would have a claim to pursue the rejection you started on 19 November, but even then expect a fight from the dealer/finance house. Rejection is expensive for them. They will try to dispute that any remaining faults are significant in a 5 yr old car that has done 72k miles, or they will offer to have another go at fixing it (but you would have to agree to that).

Otherwise the car remains yours. I realise that you are not friends with that dealer at present but if he has another car that you like he will probably cut a good deal with you so as not to lose the sale. But failing that your only option is to trade the car in somewhere else.

However your essential step first of all is to collect the car and give it a good going over.

Where did you get the 15th dec date from, I can’t see it in the OPs posts


i can see now it’s the date the OP posted originally, but how do you know car is fixed, I couldn’t see that either

born_again

Given Op said in #2 
 was collected for repair in November.

We would hope it has been repaired & a basis for rejection being rejected. But Op has not stated been repaired. 
But has not added to thread despite being around 12-01.

sheramber

He probably didn't get the answers he wanted

Alderbank

photome said:

Alderbank said:

18 November: you bought the car.
19 November: you identified some faults and told the dealer you wanted to reject.
20 November: the dealer collected the car for repair.
20 Nov - 15 Dec: you were told the car was fixed and was ready for you to collect but you refused and insisted to both dealer and finance company that you still wanted to reject it.
15 December: the finance company confirmed that they would not accept your claim to reject.

If the above is correct then I am afraid that is how the law works, they have complied with the law and the car is yours.

What you must do now is collect the car and give it a thorough trial and inspection. If there are still any significant faults it would be wise to get an independent inspection, such as RAC inspection.

If, and only if, there are still significant faults which you were not told about and where not evident when you test drove the car, you would have a claim to pursue the rejection you started on 19 November, but even then expect a fight from the dealer/finance house. Rejection is expensive for them. They will try to dispute that any remaining faults are significant in a 5 yr old car that has done 72k miles, or they will offer to have another go at fixing it (but you would have to agree to that).

Otherwise the car remains yours. I realise that you are not friends with that dealer at present but if he has another car that you like he will probably cut a good deal with you so as not to lose the sale. But failing that your only option is to trade the car in somewhere else.

However your essential step first of all is to collect the car and give it a good going over.

Where did you get the 15th dec date from, I can’t see it in the OPs posts


i can see now it’s the date the OP posted originally, but how do you know car is fixed, I couldn’t see that either

It's my deduction.

The car went back for repair on 20 Nov. Two or three weeks later the finance house sent a letter refusing the rejection. The letter would have given the reason for refusal - logically the only reason can be because all significant faults have been repaired. They would have had confirmation of that from the garage before telling the buyer that they were refusing to reject. It is not credible that they would write to the OP to say 'We refuse to reject but unfortunately we have been unable to fix your car' because that would be a breach of CRA 2015 and they know that would be a slam dunk in court. 

Of course, the garage could have told them porkies. That's why the OP needs to verify the faults are still there.

GecHo

thanks for all your replies. after contacting the Fca the finance company have rejected the car and now waiting for my refund. V12 sports and classics have repaid the money to the finance company. after speaking with a solicitor CSA sates you can reject any car within 30 days and if you dont agree with a repair its rejection end of. the reason the finance company gave was that there wasnt grounds for rejection. strong burning smell in the cabin (catch Fire) possibly is not grounds on its own ??? would you take your kids in a car that could catch fire any moment never mind kill them with the fumes. have since found out the car failed its MOT with the same fumes in the cabin but suddenly passed 3 hours later. all in all would never buy a car from V12 Sports and Classics and ever us Ca Autofinance.

HillStreetBlues

Alderbank said:

18 November: you bought the car.
19 November: you identified some faults and told the dealer you wanted to reject.
20 November: the dealer collected the car for repair.
20 Nov - 15 Dec: you were told the car was fixed and was ready for you to collect but you refused and insisted to both dealer and finance company that you still wanted to reject it.
15 December: the finance company confirmed that they would not accept your claim to reject.

If the above is correct then I am afraid that is how the law works, they have complied with the law and the car is yours.

What you must do now is collect the car and give it a thorough trial and inspection. If there are still any significant faults it would be wise to get an independent inspection, such as RAC inspection.

If, and only if, there are still significant faults which you were not told about and where not evident when you test drove the car, you would have a claim to pursue the rejection you started on 19 November, but even then expect a fight from the dealer/finance house. Rejection is expensive for them. They will try to dispute that any remaining faults are significant in a 5 yr old car that has done 72k miles, or they will offer to have another go at fixing it (but you would have to agree to that).

Otherwise the car remains yours. I realise that you are not friends with that dealer at present but if he has another car that you like he will probably cut a good deal with you so as not to lose the sale. But failing that your only option is to trade the car in somewhere else.

However your essential step first of all is to collect the car and give it a good going over.

Why can't the OP reject it? as stated on 19th Nov?

Alderbank

HillStreetBlues said:

Alderbank said:

18 November: you bought the car.
19 November: you identified some faults and told the dealer you wanted to reject.
20 November: the dealer collected the car for repair.
20 Nov - 15 Dec: you were told the car was fixed and was ready for you to collect but you refused and insisted to both dealer and finance company that you still wanted to reject it.
15 December: the finance company confirmed that they would not accept your claim to reject.

If the above is correct then I am afraid that is how the law works, they have complied with the law and the car is yours.

What you must do now is collect the car and give it a thorough trial and inspection. If there are still any significant faults it would be wise to get an independent inspection, such as RAC inspection.

If, and only if, there are still significant faults which you were not told about and where not evident when you test drove the car, you would have a claim to pursue the rejection you started on 19 November, but even then expect a fight from the dealer/finance house. Rejection is expensive for them. They will try to dispute that any remaining faults are significant in a 5 yr old car that has done 72k miles, or they will offer to have another go at fixing it (but you would have to agree to that).

Otherwise the car remains yours. I realise that you are not friends with that dealer at present but if he has another car that you like he will probably cut a good deal with you so as not to lose the sale. But failing that your only option is to trade the car in somewhere else.

However your essential step first of all is to collect the car and give it a good going over.

Why can't the OP reject it? as stated on 19th Nov?

Because rejection is a two-way process - the buyer requests it but the seller can choose to inspect the vehicle and fix the fault(s). If they can't do so in a reasonable time or the fault reoccurs then they have to accept the request to reject.

The finance house has equal liability with the dealer. In this case it looks like they decided that the dealer has not carried out a satisfactory repair so they have accepted the OP's rejection and are now in the process of making a full refund.

The OP went to the dealer's premises to buy the car. If instead it had been a distance sale then the OP could have cancelled the sale under the Consumer Contracts Regulations. Unlike rejection under CRA he would not have had to give any reason and the dealer would have had no opportunity to attempt a repair, he would have had no choice but to refund within 14 days.

HillStreetBlues

Alderbank said:

HillStreetBlues said:

Alderbank said:

18 November: you bought the car.
19 November: you identified some faults and told the dealer you wanted to reject.
20 November: the dealer collected the car for repair.
20 Nov - 15 Dec: you were told the car was fixed and was ready for you to collect but you refused and insisted to both dealer and finance company that you still wanted to reject it.
15 December: the finance company confirmed that they would not accept your claim to reject.

If the above is correct then I am afraid that is how the law works, they have complied with the law and the car is yours.

What you must do now is collect the car and give it a thorough trial and inspection. If there are still any significant faults it would be wise to get an independent inspection, such as RAC inspection.

If, and only if, there are still significant faults which you were not told about and where not evident when you test drove the car, you would have a claim to pursue the rejection you started on 19 November, but even then expect a fight from the dealer/finance house. Rejection is expensive for them. They will try to dispute that any remaining faults are significant in a 5 yr old car that has done 72k miles, or they will offer to have another go at fixing it (but you would have to agree to that).

Otherwise the car remains yours. I realise that you are not friends with that dealer at present but if he has another car that you like he will probably cut a good deal with you so as not to lose the sale. But failing that your only option is to trade the car in somewhere else.

However your essential step first of all is to collect the car and give it a good going over.

Why can't the OP reject it? as stated on 19th Nov?

Because rejection is a two-way process - the buyer requests it but the seller can choose to inspect the vehicle and fix the fault(s). If they can't do so in a reasonable time or the fault reoccurs then they have to accept the request to reject.

Not on the short term right to reject (30 days)  they only get the right to repair after the 30 day are up
https://www.themotorombudsman.org/knowledge-base/what-are-a-consumers-legal-rights-when-buying-a-car

Short-term right to reject

Under the Consumer Rights Act 2015, 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 bought your car.

There is no short-term right to reject under the Sale of Goods Act 1979.

Exercising your consumer rights

If you are now outside of the first 30 days, the seller has one opportunity only to repair or replace the faulty car. You will not be able to ask for rejection at this stage. This does not apply to cars purchased before 1 October 2015. The Sale of Goods Act allows the seller to either repair or replace the car within a reasonable period of time without causing significant inconvenience.

If you are complaining about a fault within the first six months of purchase, it is presumed this fault was there at the time of purchase. The seller will need to prove that this fault was not there at point of sale. If you are complaining about a fault outside of the first six months, you will need to prove that fault was there at point of sale.

If the seller is unable to repair the fault because the same fault persists or a new inherent fault has developed, or the replacement car has an inherent fault, then you can ask for your money back or a price reduction (partial refund) if you wish to keep the car.

The OP has followed the correct procedure. The OP has rejected the car within the 30 days so should get a full refund. 

Alderbank

Apologies, you are correct that the dealer does not get the opportunity to correct any faults within the first 30 days.

But it's not enough to say that the OP has rejected the car within the 30 days so should get a full refund. Unlike cancellation, it is not an unqualified right. It has to be for a 'substantial' reason. The dealer challenged the reason for rejecting, as they are allowed to do, and initially the finance house upheld that (probably based on what the dealer told them).

In this case the finance house have changed their mind after further investigation which is good news for the OP, otherwise the OP could have faced a difficult technical battle about whether the grounds for rejection were sufficient.