Faulty second hand car

jayencee

Not sure if this is the right forum or whether should be on the motoring board …

daughter purchased a car through a main dealer using part finance deal back in June.  Approx 2 weeks after collection a warning light kept appearing and the dealer said to take the car back to them for it to be fixed under warranty.  They have given her a courtesy car in the meantime.  2 months later they are still awaiting a part and have no idea when this will be available.  Does she have any rights to reject the car for a full refund?  What would happen to the money she has already paid back to the finance co?

Mark_d

Within the first 30 days your daughter had the right to a refund but now she has to wait for the repair.  It looks like the dealer is being very fair in providing a courtesy car, so why do you want to rock the boat?

tacpot12

Does your daughter live at home with your or does she have her own house? If the home where she lives has home insurance, then Legal Expense Cover might be included in the policy. If it is, she can call the legal helpline for professional legal advice. 

SiliconChip

Mark_d said:

Within the first 30 days your daughter had the right to a refund but now she has to wait for the repair.

Are you sure about this? I wonder if having returned the car after 2 weeks that stops the clock and the 30 day provisions can still be applied.

Okell

Mark_d said:

Within the first 30 days your daughter had the right to a refund but now she has to wait for the repair.  It looks like the dealer is being very fair in providing a courtesy car, so why do you want to rock the boat?

SiliconChip said:

Mark_d said:

Within the first 30 days your daughter had the right to a refund but now she has to wait for the repair.

Are you sure about this? I wonder if having returned the car after 2 weeks that stops the clock and the 30 day provisions can still be applied.

Yes - the 30 day clock in respect of the short term right to reject has paused and doesn't restart until the daughter gets the car back (basically)

See s22(6), (7) and (8) of the Consumer Rights Act 2015 (legislation.gov.uk)

The only question is whether this fault on a second hand car justifies rejection.

As the short term right to reject does not permit any reduction in refund for use, the daughter ahould be able to recover all her payments from the finance company.

Assuming the fault justifies rejection, she needs to tell the dealer and finance company she is exercising the short term right to reject and wants a full refund.

TELLIT01

Surely the inability of the dealership to get the parts would potentially be reason enough to reject the car.  Could she give them a firm date by which she wants the car repaired or a full refund?

Grumpy_chap

jayencee said:

Not sure if this is the right forum or whether should be on the motoring board …

daughter purchased a car through a main dealer using part finance deal back in June.  Approx 2 weeks after collection a warning light kept appearing and the dealer said to take the car back to them for it to be fixed under warranty.  They have given her a courtesy car in the meantime.  2 months later they are still awaiting a part and have no idea when this will be available.  Does she have any rights to reject the car for a full refund?  What would happen to the money she has already paid back to the finance co?

It does sound as though the Dealer is resolving matters in a proper manner and, in the meantime, your daughter is not unduly inconvenienced as she has a courtesy car (so adding mileage and wear on that rather than her own car).

How old and what mileage was the car purchased?
What is the actual fault?
What is the actual part required?
Is there a genuine supply challenge with the part?  

This may be just an unfortunate event on a good car.