Rejecting a car

lkl98

Hi All,

I purchased a car from Big Motoring World on 10th December 2023. I reported an issue on the 15th December 2023. The auto stop/start error message came up and the car just stopped when i was driving.

I was told to take it to a local garage to get ti looked at. The local garage did a battery test and said the battery was very low and advised to change the battery. The battery was changed but the car kept stopping. 

It went back to the service centre in feb! They advised no issue with the car after doing a fault scan. Got the car back and it kept stopping still so it went back again in may. The car came back and said no issue nothing on a fault scan... and blamed me for driving the car wrong. 

Got the car back and it broke down totally. Took the car to BMW who did a full diagnostic and it needed a new fuel system. they advised if a full diagnostic was done by the company then they would have seen its an issue with the fuel system.

I complained to the company and issued a right to reject etc etc.. they have come back and refused my rejection as the car was only ever seen in a running capacity and they can only diagnose off issues reported and faults found when plugging the car into the machine.

They have offered to repair the car. So I really need to know if I can take the company to court for a refund of if I need to accept the offer to fix the car? Also if I take the company to court do I need to collect the car from them as it is still currently on site.

Thanks for any help

tacpot12

It's my understanding that providing you exercised your right to reject the car before 15th July, you have a right to reject the car as you have given them the opportunity to repair the fault and they have failed to do so. I can understand how this might seem unfair to them, as they never had an opportunity to see the fault occuring, but you provided them with the opportunity to repair the fault, and the fault existed; the fact they couldn't find it or diagnose it isn't provided for in the Consumer Rights Act 2015.  

If you have Home Insurance, check to see whether you have legal expenses cover. if you do, call the legal helpline for professional legal advice. Otherwise, contact a local solictor and check with them if I'm correct. If I am, you should probably ask them to write a Letter before Action to the company that explains the law to them as well as including all the other required elements of such a letter. 

Hoenir

lkl98 said:

I was told to take it to a local garage to get ti looked at. The local garage did a battery test and said the battery was very low and advised to change the battery. The battery was changed but the car kept stopping. 

Did you consider taking the vehicle into a BMW dealer at this time? 

lkl98

Hoenir said:

lkl98 said:

I was told to take it to a local garage to get ti looked at. The local garage did a battery test and said the battery was very low and advised to change the battery. The battery was changed but the car kept stopping. 

Did you consider taking the vehicle into a BMW dealer at this time? 

I was told i wasn't allowed to take to main dealer

Mildly_Miffed

lkl98 said:

Hoenir said:

Did you consider taking the vehicle into a BMW dealer at this time? 

I was told i wasn't allowed to take to main dealer

Your car. Take it where you like.

They may have been unwilling to pay main dealer rates... but that's a different question entirely.

WellKnownSid

lkl98 said:

Hoenir said:

lkl98 said:

I was told to take it to a local garage to get ti looked at. The local garage did a battery test and said the battery was very low and advised to change the battery. The battery was changed but the car kept stopping. 

Did you consider taking the vehicle into a BMW dealer at this time? 

I was told i wasn't allowed to take to main dealer

That would make sense.  A BMW dealer would have access to a lot more data from the car and key so be able to detect issues or abuse - it's even entirely possible that they may have previously rejected the car as used stock (hence it was sold through the trade).  Of course they wouldn't want the OP going there.