short term right to reject on a used car - Issues since day 1

julesw1lko

Dullgreyguy - 

"If you reject it in the first month but accept them having an attempt to repair it then the reject is put on hold effectively and the clock stopped but it doesnt sound like you rejected it straight away. "
We didn't reject in the first month, as we believed they were going to be fixing the problems. 
The problems were from day 1. 
We went back to Carsa multiple times for them to fix issues, or attempt to fix them. That's surely what you would expect, if they said they could fix it? 

It's only after they'd had the car for the month of March, at that point, I sent the comms to reject (or exchange) the car - but that 27th of March communication wasn't replied to until the 16th of April when they said they would take the car back for 45p a mile penalty, or exchange for 35p a mile. 
(And again - With repeated chasing of what was going on - On one day I called Carsa 27 times, and each time the phone rang out to answering machine message... never got a call back). 

I think 45p a mile is a mick take. 
But citizens advice had no counter. 

julesw1lko

Okell -
Citizens advice last said to try an ADR (dispute resolution) - I asked about that on the 18th April - I've had no reply to that yet. 
18th of October was the first day we agreed to start sorting out the repairs / fixes.  (again, making a mockery of their pre delivery inspection service). 

The December date was agreed when Carsa would take it in to Ford, which they changed their minds on when we eventually dropped the car in to Carsa on the 5th March. 

Car collected from them having the car for "a month" on 27th of March. 
Asked about reject or exchange on the 27th. 
Repy came from Carsa on 16th April - again - with chasing for acknowledgement of the 27th email almost daily. 

julesw1lko

TheSpectator - 
"Also you can't seem to acknowledge that actually rejecting a car means you stop using it. Citing 'family life' is not going to help your argument. " So - We pay for the mileage done from the date they acknowledged the rejection on the 16th of April. Sure. 

In the 6 months, we've done about 3500 miles. 
A few hundred of those going back and forth to Carsa. 

The pragmatism is giving them a chance to exchange the car, and I've not utterly destroyed them online. 

TheSpectator

julesw1lko said:

TheSpectator - 
"Also you can't seem to acknowledge that actually rejecting a car means you stop using it. Citing 'family life' is not going to help your argument. " So - We pay for the mileage done from the date they acknowledged the rejection on the 16th of April. Sure. 

In the 6 months, we've done about 3500 miles. 
A few hundred of those going back and forth to Carsa. 

The pragmatism is giving them a chance to exchange the car, and I've not utterly destroyed them online. 

As I said it depends on how much time/effort you are prepared to put into this. They seem to be basically put a 'take it or leave it offer' to you and are ignoring any further negotiation attempts.

You have no car currently. So you really want an exchange car from them?

ps hitting the 'quote' button makes it easier to read your posts.

ButterCheese

How many miles have you done?  For a refund, 1000 miles would be just over 450 quid.  You've had use of the car for 5 months.  So you have benefitted from owning it, and it has depreciated slightly.  the 35p/mile for exchange is even less - I'd be taking that.

 It might not be fair, but in the context of buying used cars, I think this is a fair resolution.  I'd be annoyed too, but that's the risk you take when buying anything used and expensive.  Also is it worth your time, and your mental health, to pursue this further, when you could just absorb 300 quid and swap the car, or 400 and have cash in hand to shop for another.

Look at it this way - yes they've dragged their feet and done what a lot of companies do; been unresponsive and rubbish and hope that you give up.  But if the car was that bad, unsafe, undriveable, you wouldn't have done any more miles than from your house back to the dealership.  That is what they have in their heads, plus the car has depreciated, so they're thinking they've already lost out.

Take the money or swap, and run

julesw1lko

TheSpectator said:

julesw1lko said:

TheSpectator - 
"Also you can't seem to acknowledge that actually rejecting a car means you stop using it. Citing 'family life' is not going to help your argument. " So - We pay for the mileage done from the date they acknowledged the rejection on the 16th of April. Sure. 

In the 6 months, we've done about 3500 miles. 
A few hundred of those going back and forth to Carsa. 

The pragmatism is giving them a chance to exchange the car, and I've not utterly destroyed them online. 

As I said it depends on how much time/effort you are prepared to put into this. They seem to be basically put a 'take it or leave it offer' to you and are ignoring any further negotiation attempts.

You have no car currently. So you really want an exchange car from them?

ps hitting the 'quote' button makes it easier to read your posts.

I found the quoting horrible to ready, but for you... 

And no, I'm not ignoring any further negotiation attempts. Far from it. 
I've asked for ADR. No reply. 

Their offer had no negotiation - It was 45p refund, or 35p exchange. 
Full and final. 

There was no negotiation from Carsa. 

I asked for our time, effort, days of annual leave lost to be considered. Our consequential losses. 
There was none. 

TheSpectator

julesw1lko said:

TheSpectator said:

julesw1lko said:

TheSpectator - 
"Also you can't seem to acknowledge that actually rejecting a car means you stop using it. Citing 'family life' is not going to help your argument. " So - We pay for the mileage done from the date they acknowledged the rejection on the 16th of April. Sure. 

In the 6 months, we've done about 3500 miles. 
A few hundred of those going back and forth to Carsa. 

The pragmatism is giving them a chance to exchange the car, and I've not utterly destroyed them online. 

As I said it depends on how much time/effort you are prepared to put into this. They seem to be basically put a 'take it or leave it offer' to you and are ignoring any further negotiation attempts.

You have no car currently. So you really want an exchange car from them?

ps hitting the 'quote' button makes it easier to read your posts.

I found the quoting horrible to ready, but for you... 

And no, I'm not ignoring any further negotiation attempts. Far from it. 
I've asked for ADR. No reply. 

Their offer had no negotiation - It was 45p refund, or 35p exchange. 
Full and final. 

There was no negotiation from Carsa. 

I asked for our time, effort, days of annual leave lost to be considered. Our consequential losses. 
There was none. 

I meant they weren't negotiating not that you weren't. As far as I can see they have set out their final position so it's down to you what you decide to do but I'm just highlighting it won't be a quick process.

How was the car paid for?

Okell

So, for claity, are you saying:

1.  You requested or agreed to a repair on the same day that you took delivery of the vehicle on 18 October 2024?

2.  That because of inaction on the part of the trader that the vehicle never actually went in for those repairs (requested on 18 October 2024) until 05 March 2025?

3.  That you got the car back from those repairs on 27 March 2025 and it still wasn't fixed?

4.  That you rejected the car that same day, 27 March 2025?

julesw1lko

TheSpectator said:

julesw1lko said:

TheSpectator said:

julesw1lko said:

TheSpectator - 
"Also you can't seem to acknowledge that actually rejecting a car means you stop using it. Citing 'family life' is not going to help your argument. " So - We pay for the mileage done from the date they acknowledged the rejection on the 16th of April. Sure. 

In the 6 months, we've done about 3500 miles. 
A few hundred of those going back and forth to Carsa. 

The pragmatism is giving them a chance to exchange the car, and I've not utterly destroyed them online. 

As I said it depends on how much time/effort you are prepared to put into this. They seem to be basically put a 'take it or leave it offer' to you and are ignoring any further negotiation attempts.

You have no car currently. So you really want an exchange car from them?

ps hitting the 'quote' button makes it easier to read your posts.

I found the quoting horrible to ready, but for you... 

And no, I'm not ignoring any further negotiation attempts. Far from it. 
I've asked for ADR. No reply. 

Their offer had no negotiation - It was 45p refund, or 35p exchange. 
Full and final. 

There was no negotiation from Carsa. 

I asked for our time, effort, days of annual leave lost to be considered. Our consequential losses. 
There was none. 

I meant they weren't negotiating not that you weren't. As far as I can see they have set out their final position so it's down to you what you decide to do but I'm just highlighting it won't be a quick process.

Yeah - Hence being on here waiting for their reply on the ADR. 
But indeed, solicitors want £10,000 for pursuing it. 

They've suggested small claims court... 

But we've said, we'd take an exchange, but currently, they don't even have any Ford Galaxy's in to exchange of a similar bracket. (the only one they currently have is another £6k more than the one we bought). 

DullGreyGuy

julesw1lko said:

Dullgreyguy - 

"If you reject it in the first month but accept them having an attempt to repair it then the reject is put on hold effectively and the clock stopped but it doesnt sound like you rejected it straight away. "
We didn't reject in the first month, as we believed they were going to be fixing the problems. 
The problems were from day 1. 
We went back to Carsa multiple times for them to fix issues, or attempt to fix them. That's surely what you would expect, if they said they could fix it? 

It's only after they'd had the car for the month of March, at that point, I sent the comms to reject (or exchange) the car - but that 27th of March communication wasn't replied to until the 16th of April when they said they would take the car back for 45p a mile penalty, or exchange for 35p a mile. 
(And again - With repeated chasing of what was going on - On one day I called Carsa 27 times, and each time the phone rang out to answering machine message... never got a call back). 

I think 45p a mile is a mick take. 
But citizens advice had no counter. 

So you rejected the vehicle outside of the first month and therefore deducting usage is their legal right. It's now a debate with them on what the appropriate rate is as the law doesnt define rates or how it should be calculated. It naturally depends on how far you are willing to go, there is no point sending a letter before action saying you'll only accept 20p/mile and you'll sue them if they dont accept and settle within 14 days if you arent willing to actually follow it through and issue proceedings. 



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