Right to reject approved used car from main dealer

kam1186

Hello Everyone,

I'm seeking advice regarding my rights to reject a vehicle I purchased.

I bought an approved used car from a well-regarded dealer in the South of England. At the time of purchase, I noticed several defects and promptly informed the dealership. These included an engine rattle, issues with the battery not charging phones correctly, malfunctioning stop/start, and various cosmetic concerns. While the engine rattle didn't impact the car's performance, I believed it could be easily resolved and chose not to reject the vehicle within the initial 30 days.

The car was taken to the dealership for repairs, where they performed a software update and charged the battery. However, a few weeks later, the engine rattle returned. Each time I had to use a loan vehicle, causing inconvenience and delays. On one occasion, my appointment was cancelled last minute due to an unwell staff member, with no follow-up to reschedule.

After raising a complaint about the unresolved issues, the car was returned to the dealership for the third time in March 2024. It was in their possession for nearly three weeks for repairs to address the engine rattle and cosmetic damage.

During this period, I repeatedly requested information about the engine repairs but was only updated on the cosmetic work. Eventually, a staff member confirmed that only a software update had been performed on the engine. Despite this, the rattle persists, and the dealership has been unresponsive to my concerns.

Upon receiving the car, I noticed new scratches and damage to an alloy wheel. Despite showing the rattle issue to a mechanic upon drop-off, the dealership claims they couldn't replicate the noise.

The manager has suggested a fourth inspection, but I've lost confidence in their ability to resolve the issue. My main concern is that they might delay until the 12-month main dealer warranty expires in July 2024, after which I'd have to deal with a third-party warranty company.

I was aware of my right to reject the vehicle within the first month but believed the reputable dealer would quickly resolve the issue. Given that the problem persists after multiple attempts within the first six months, am I right to reject the vehicle now?

I've commissioned an independent inspection from a garage recommended by the Motor Ombudsman, in accordance with legal requirements. If the report confirms a fault, can I reject the vehicle without giving the dealership another chance to inspect? Also, what refund can I expect? Would it cover the full purchase price, additional costs for paint protection, and mileage I've accrued (around 7,000 miles since purchase)?

Any advice would be greatly appreciated.

Thank you in advance!

Alderbank

You need to manage your expectations, particularly with regard to the Consumer Rights Act.

We can't see the terms of either of your two warranties so we can't comment on them. What they give you might well be better than your statutory rights.

Your statutory right to reject is if the vehicle has significant fault(s) which were present when you took possession of the vehicle.
There is a saying in the motor trade that a vehicle with a fault is not necessarily a faulty vehicle.
What constitutes a 'significant' fault is not defined in legislation and depends on the make and model, age, mileage and condition as well as the diagnosis of the fault itself.
I feel your pain that your phone is not charging reliably (my daughter's Samsung is very picky about wireless charging in my car or hers and I get earache over it) and a scratched alloy is annoying but I am not sure that these kind of faults are significant enough to justify rejection.

See what the inspection from the independent garage comes back with.
It is a good move to commission that, as you have been advised. However it is essential that they diagnose at least one fault which is both significant and also was present when you bought the car, and after 7,000 miles that will be difficult.

If you are successful in your claim, you should be reimbursed the cost of the investigation and the full purchase price of the car, less a deduction for mileage. If the invoice includes the paint protection service that would be included.

Mileage charge is a matter of negotiation. The dealer might start at 50p per mile which would be £3,500 and we know courts have sometimes allowed this figure. He will base that on figures from HMRC, AA, etc. of about 45p a mile, but you should challenge that because those figures include other costs such as garaging and insurance. Age and value of the car are also relevant - £3,500 would not be reasonable on a car worth £4,000!
£1,000-£1,500 would be a good result.

kam1186

Hi Alderbank,

Thank you for your detailed response.

To clarify, my primary reason for considering the rejection of the vehicle, should the independent inspection confirm the issue, is the persistent rattle emanating from the engine bay. I'm not seeking to reject the vehicle based on the battery issue, cosmetic damage, or interior issues, as these either have been addressed or can be appropriately compensated for.

My primary concern revolves around the ongoing engine rattle, which has yet to be fully resolved or adequately investigated. I'm worried that this unresolved issue could potentially escalate into a more significant problem in the future. While I've come across reports from other owners regarding engine issues, I understand these are anecdotal; nevertheless, they do raise concerns. Post-warranty expiration, addressing a mechanical failure through a third-party warranty company could prove challenging. Although I have the option to extend my warranty with the dealer, they would still direct me to a third-party company, effectively distancing themselves from the warranty's responsibilities.

Regarding the formal rejection of the car, my plan is to await the independent report's findings. Upon confirmation of the fault, I will formally reject the vehicle and await the dealership's final response. If there's no resolution within 8 weeks, I'll escalate the matter to the Motor Ombudsman.

As for the usage of the vehicle during this period, I'd like to clarify if it's acceptable for me to limit the use of the vehicle solely for essential tasks like work, school drop-offs, and pickups. could this cause an issue with regards to me rejecting the vehicle. Not being able to use the vehicle would cause me further hardship financially to either hire a rental or see if someone could lend me a car. I understand this cost may be able to be attached to the payment I am seeking from the garage if the vehicle is rejected.

Lastly the car is due a service in July 2024, As I would have rejected it before then, should I be responsible for servicing it, or leave it to the dealership.

Your insights on this matter would be greatly appreciated.

Many thanks,

Alderbank

Some people will tell you that you must not use the car, they might even say you must return it to the dealer's premises without delay.
I think this derives from from the 1979 Sale of Goods Act in which if you 'accepted' the goods you lost any rights to reject them afterwards.
SoG1979 has now been repealed for consumer purchases and there is no equivalent of acceptance in the modern consumer laws which have replaced it. Your long term right to reject depends entirely on other factors.

As long as the vehicle is fully roadworthy and can be driven legally and safely I can't see that continuing to use it should affect your claim. You are after all expected to minimise your losses. Others might disagree.

Bear in mind that if you win your case the trader will examine the car for any damage beyond fair wear and tear such as minor collision damage, potholes, etc. and will reduce your refund as much as he can. That is why some people return the car to the seller's control.

You already face an uphill challenge to prove that if there is a significant fault it was present when you bought the used car 7,000 miles ago. Further use can only make that harder.

You are the owner and registered keeper. You have a duty to maintain the car's value so any servicing or other maintenance required to do that is your responsibility until the dealer actually takes the car back.