Valid rejection under Consumer Rights Act?

Myci85

Hoping for some advice from anyone who may have experienced similar. 

My son bought a car from a used car dealership a few weeks ago. On test driving there were a few things the dealer said he would get sorted before he delivered it, some of which he did, but when he delivered he said he hadn't had time to fix the heated rear windscreen which was noted as not working during the test drive (frosty morning). He said he'd booked it into the garage that weekend and for my son to take it to be sorted. On delivery my son then realised the tail light and brake light weren't working. 

He took it to the garage on the weekend, to be told it wasn't booked in. It was then arranged for the following weekend. He took it again to be told they couldn't fix the rear windscreen as the actual filament was broken, not just the relay so the screen would need to be replaced. They also informed him the rear bushes needed doing and whilst not likely to shear off in the next week, would be an MOT fail. 

My son has been trying to contact the dealer to find out if he did the V5 online as agreed, as nothing yet received, but he is now being ignored. I called the dealer last weekend explaining that he needed to sort out the issues including the bushes or the car would be returned for a full refund as it is within the 30 days. He assured me he would contact my son on Monday to rearrange repairs. This has not happened and there has been no response to a message I sent confirming what was said in our conversation. 

The Consumer Rights Act 2015 states that cars can be rejected within 30 days if of unsatisfactory quality or not as described. It mentions road worthiness... would the fact the tail light and brake light being out being an MOT fail mean it is of unsatisfactory quality, and the fact he sold it on the agreement of fixing the heated rear windscreen and hasn't done so mean it is not as described? Or will we need to get a trusted garage to inspect it, including the bushes, and give a written report to justify rejecting the car?

Having since found lots of awful reviews of this dealer for the same issues (under previous dealership names - he has clearly had many and rebranded constantly) I do not want to keep the car as I fully expect other issues to show up. 

Mildly_Miffed

What age of vehicle are we talking about?

Suspension bushes are wear and tear consumables.
Is the tail light just a bulb?

Buyer's regret is not a factor in deciding whether a return is valid.

born_again

Take it back & don't let your son leave till he gets the money.

If they have rebranded before, then going via courts is more than likely going to be a waste, as they will just shut down & with no company left, no money to get back.

marcia_

Mildly_Miffed said:

What age of vehicle are we talking about?

Suspension bushes are wear and tear consumables.
Is the tail light just a bulb?

Buyer's regret is not a factor in deciding whether a return is valid.

 Rubbish, Consumer Rights Act says he can return the car regardless if its not fit for purpose 

Myci85

Mildly_Miffed said:

What age of vehicle are we talking about?

Suspension bushes are wear and tear consumables.
Is the tail light just a bulb?

Buyer's regret is not a factor in deciding whether a return is valid.

Oh I fully understand bushes are a consumable, but they have a responsibility to make sure cars they are selling are roadworthy and from what the mechanic has said, I have serious doubts as to whether it is. As I was expecting them to rectify the issues as agreed, I have not yet investigated if it just needs a new bulb for the tail light/brake light. 

Car is 14 years old so I'm under no illusions there won't be things wrong with it, but that does not justify the dealer promising to fix issues to get the sale and then ignoring us.

Voyager2002

I think you are asking the wrong questions...

Whether or not your son has a right to reject the car, no-one is going to take the money away from the dealer to give you a refund. It would be up to a court to determine whether or not you had the right to return the car under these circumstances, but from the sound of things going to court would be a waste of money.

The lesson from this experience will be worth more than the cost of the car.

paul_c123

Tail and brake light out is good enough reason under the 30 day short-term right to reject, to reject the car. All he needs to do is stop using it and make it available for collection (doesn't need to take it back) and also they can't deduct for mileage, extra owner, etc.

Bushes are arguable - in theory it has a current MoT which would have passed the car for a year. In practice, things can go within that year.

Heated rear windscreen on a 14 year old car is too minor to reject but obviously, if its been promised to fix and wasn't, it enters into being a condition of the sale. For example if your son agreed that it could be fixed at a later date, the dealer could still fix this (instead of having to refund).

Myci85

@Voyager2002 Definitely one of many life lessons for a young man entering adulthood. Not least to listen to his blummin mother who advised against buying it in the first place!

@paul_c123 this is what I'm hoping, that the brake light/tail light alone makes it unroadworthy and therefore it falls under his right to reject. Fixing the heated rear windscreen was a condition of sale, written on the deposit receipt, but when he delivered he said he hadn't had time to do it so had booked it in to be done. And to be fair, we've given him 3 opportunities to get it fixed and now his silence suggests he has absolutely no intention of doing so. 

SiliconChip

Is your son under 18? If not then it should be him chasing this up, the dealer can just completely ignore you.

tedted

stop tail bulb can blow at any time suspension bushes can be a pass, advisory or a fail all down to the tester

jimjames

paul_c123 said:

Tail and brake light out is good enough reason under the 30 day short-term right to reject, to reject the car. All he needs to do is stop using it and make it available for collection (doesn't need to take it back) and also they can't deduct for mileage, extra owner, etc.

Heated rear windscreen on a 14 year old car is too minor to reject but obviously, if its been promised to fix and wasn't, it enters into being a condition of the sale. For example if your son agreed that it could be fixed at a later date, the dealer could still fix this (instead of having to refund).

I'd argue that brake light out isn't a valid reason unless it's more than a bulb