"Pause" and "Short term rejection"

TV_radiator

Hello all, 

I will try my best to keep this concise. 

(TLDR - Did the consumer clock actually start in these circumstances?) 

04/11/24

Purchase 2 year old car from KIA dealership (Their approved used scheme) in person sale / £19k, 1/3rd on credit card) 

On the day of the sale, I was told that the keyless entry was faulty. They knew of it and said they had taken the car very recently as P/X. A repair was already scheduled, they could sell the car to me with the intention of me returning it for repair in due course. The repair was estimated as a one day job. 

(I know "why did you buy a faulty car?" Is being asked as you read....well... I had the view that I could trust them and they wouldn't retail it if the problem was that bad. Their confidence buoyed me and was told KIA have to accept cars into their approved used scheme (Which they had). 

So, agreement made to drive it away and have the car collected and returned from my nearby work in the coming days. This happens but they return it undone as they didn't have time. 

The car next goes back on December 17th. Mutual scheduling clashes. 

This is where it frustratingly goes wrong. 

- Told by end of first day is taking longer than expected and they're providing me a courtesy car. A Honda Jazz (Smaller than what I had bought). 

- Few days later am told they can't repair it with the kit they have and are referring to KIA head office. Their attempts at repair have triggered new faults like tyre pressure monitoring. 

- Jan 10th, call them having heard nothing. Am told Kia specialist is to be dispatched later in the month.

- Jan 23rd. Specialist concludes he can't fix it with additional equipment he has brought from another dealership.

- Jan 28th, senior specialist is dispatched attends and cannot fix it. Leaves with some ideas for the dealer to try, otherwise it is a vehicle referral back to the factory. 

I politely tell the dealer I am rejecting the car under CRA 2015 (All new to me and thought I was in the +30 days - 6 months bracket)  It is apparent a repair isn't forthcoming. They accept and as expected, make a request for fair mileage.

Now, my original question would have been "what is fair". They state 45p a mile and cite HMRC. I tell them that that 45p reflects also fuel, tax and insurance - costs * I * have paid, not for them to claim. I commute 70 miles a day and we are talking £500. 

I asked them to send me what they were citing from and they sent me a link to a forum question on, you guessed it - MSE! 

A user was asking for views on fair use deduction rates and someone mentions "pauses" and "short term rejection". ← this is what my question is about:  

I've looked into this, on the actual legislation website and from other consumer rights pages. My understanding is: 

- If the seller and buyer agree for a repair to be made, as a condition of sale - 

- the 30 day clock is paused - 

It is resumed when the repair is made and the customer is notified. In essence, the customer then has 30 days to keep or reject. 

My question is: 

"If the repair wasn't/ couldn't be made, then has the clock ever started?" 

I note S6 of the act: 


S.6 If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period

(The significance is that no deduction can be made from the refund if it is a short term rejection. I'm not opposed to paying something but want to establish my own position first). 

Looking for your views.

- Motor Ombudsman request we negotiate to agreement or deadlock before mediating. Their view is figure must be fair. 

- credit card asking for more negotiation but provisionally wonder if it's a breach of contract? 

Anyway, over to yourselves with thanks.

TV_radiator

Just to explain - by "Faulty" they meant "didn't work".

HillStreetBlues

As I see it, you went to pick up the car you  there was a fault on the car and you could have rejected it there and then, but you gave them a chance to repair. While waiting for that repair the short term right to reject is paused, it doesn't restart until the fault is fixed. Clearly it's not be fixed so the STRTR is still  ongoing.
There shouldn't be deduction, and you can either continue chasing the dealer for a full refund, or your credit card company also for a full refund.

TV_radiator

Thank you for your reply, appreciated.

Just to confirm something else, when they car went back in December - it never came back. It remained and still remains in the dealership. 

born_again

So how many miles did you do?

HillStreetBlues

TV_radiator said:

Thank you for your reply, appreciated.

Just to confirm something else, when they car went back in December - it never came back. It remained and still remains in the dealership. 

It's been paused since you bought it, it is their delay that has kept it paused.

TV_radiator

Outcome: Dealership have asked to settle with a full refund. They had been citing £500 as a deduction, down from £550. At the time of posting this, I had set out my position to them with the "pause" and that this discovery meant I would retract the offer I had earlier volunteered for deduction, pursue for compensation to the tune of £380 and expect them to pay interest per day my total was held by them whilst in dispute (Bank told me to refuse any refund if they did a S.75 process). 

So, I'm pleased but frustrated. This caused me lots of stress and concern. I believe Kia had no say in the change of heart. There were surprisingly absent given they couldn't fix their own car. 

HillStreetBlues

Glad you got a full refund and returning to update.