30 day car rejection, is it real or just a get out for the motor trade

ST_Rippedoff2025

Just as a follow up, no nothing in the contract apart from the vehicle speciation's states the car does have programmable seats. But I do have various emails from the dealer which do have statements re seats should do as we ordered but don't and that they supported our rejection. Which again in an email state the manufacturer have agreed the rejection in principle plus more. Another point raised was that I shouldn't have returned the vehicle once the rejection was raised, which seems strange as all guidelines state you should. 

Okell

ST_Rippedoff2025 said:

Just as a follow up, no nothing in the contract apart from the vehicle speciation's states the car does have programmable seats. But I do have various emails from the dealer which do have statements re seats should do as we ordered but don't and that they supported our rejection. Which again in an email state the manufacturer have agreed the rejection in principle plus more. Another point raised was that I shouldn't have returned the vehicle once the rejection was raised, which seems strange as all guidelines state you should. 

I'm being pedantic now - although those emails from the dealer are important, do you have any previous emails etc from you telling the dealer that "the seat must have the ability to be programmable with a memory for at least two persons"?

And if you do, did you tell them before you agreed to buy the car?

So long as you have evidence* of that, then s10(3) of the Consumer Rights Act 2015 says that your contract includes that requirement as a contract term.  If the car can't do that, the dealer is in breach of contract

In any case what do you mean when you say the dealer "supported our rejection"?  If they are saying that they agree that you can reject the vehicle then that's it, an admission and game over - they should be giving you a refund!   

And yes, if you've rejected the vehicle you should stop using the vehicle and either retrun it to the dealer or let them collect it.

I suggest you go back to the dealer tomorrow armed with the above details of the relevant consumer protection legislation and try to get the dealer to talk sense.


*Of course if you just told the dealer orally what your requirement was, that is still evidence, but obviously not as strong as something in writing.  It becomes a question of who is more likely to be telling the truth - you or a car salesman...  

Mildly_Miffed

ST_Rippedoff2025 said:

Just as a follow up, no nothing in the contract apart from the vehicle speciation's states the car does have programmable seats.

Ah. That's you stuffed, then, I'm afraid - because the marketing materials you're leaning on will state in the small print that those specs are subject to variation.

This was rife during the 'vid years, when the semiconductor shortages led to cars with huge swathes of electronic stuff AWOL. But it's been common for years, when mid-model variations are forced by supplied issues... or simply where there's a factory mis-build.

I suspect the best you can do here is to try and negotiate a settlement that will see either that car retrofitted with memory seats, or PXd for one with them.

LightFlare

If the function was an essential thing - for future, check at point of delivery 

Much easier to refuse delivery than accept and try and wrangle after

sounds as if you discovered that the feature wasn’t present at delivery but decided to accept anyway and then return at a later date

not sure if the dealer could argue a case that you were aware the feature wasn’t present but accepted delivery regardless.

as already said - unless it is specifically detailed in the documents as a condition of sale/purchase then you may struggle.

wouldnt happen to be a distance sale by any chance ??

(not read the whole thread)

Okell

LightFlare said:

... Much easier to refuse delivery than accept and try and wrangle after

sounds as if you discovered that the feature wasn’t present at delivery but decided to accept anyway and then return at a later date

not sure if the dealer could argue a case that you were aware the feature wasn’t present but accepted delivery regardless...

"Acceptance" is no longer a thing in consumer protection law.

Okell

Mildly_Miffed said:

ST_Rippedoff2025 said:

Just as a follow up, no nothing in the contract apart from the vehicle speciation's states the car does have programmable seats.

Ah. That's you stuffed, then, I'm afraid - because the marketing materials you're leaning on will state in the small print that those specs are subject to variation.

This was rife during the 'vid years, when the semiconductor shortages led to cars with huge swathes of electronic stuff AWOL. But it's been common for years, when mid-model variations are forced by supplied issues... or simply where there's a factory mis-build.

I suspect the best you can do here is to try and negotiate a settlement that will see either that car retrofitted with memory seats, or PXd for one with them.

Do s10(1) and (3) of the Consumer Rights Act 2015 have no effect then?

sheramber

We ordered a new car with leather seats. 

Car arrived without leather seats We  refused it, much to the surprise of the salesman, and the correct one ordered

The salesman who sold us it’ no longer worked for them, and had cost them a lot of money.


Similarly, we bought a pre registered car which had  arrived without the leather seats the buyer had assumed it had. It was refused by the buyer  to our advantage. 

Much simpler to refuse at the time. 

Mildly_Miffed

Okell said:

Mildly_Miffed said:

ST_Rippedoff2025 said:

Just as a follow up, no nothing in the contract apart from the vehicle speciation's states the car does have programmable seats.

Ah. That's you stuffed, then, I'm afraid - because the marketing materials you're leaning on will state in the small print that those specs are subject to variation.

This was rife during the 'vid years, when the semiconductor shortages led to cars with huge swathes of electronic stuff AWOL. But it's been common for years, when mid-model variations are forced by supplied issues... or simply where there's a factory mis-build.

I suspect the best you can do here is to try and negotiate a settlement that will see either that car retrofitted with memory seats, or PXd for one with them.

Do s10(1) and (3) of the Consumer Rights Act 2015 have no effect then?

https://www.legislation.gov.uk/ukpga/2015/15/section/10

"10 Goods to be fit for particular purpose
(1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
...
(3)The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied."

And there in lies the issue. Did they? Or did they just rely on the spec ticklist, which inevitably carried the caveats...?

They've agreed there's nothing in writing. They've not answered whether this was discussed with sales staff beforehand.

"implicit" does not include psychic abilities.

It'd be interesting to know what model and spec we're talking about.

ST_Rippedoff2025

Hi all that communicated on this subject, thought I would close it down with what finally has happened.
Since may when it all started the garage has done everything to not admit liability dragging on for over three months during which time I have had to pay my monthly payments. Apart from the money problem the stress this has caused is unbelievable, so in the end a compromise has been reached where the vehicle has been brought back at a loss to me of about £4000. My wife and I settled with this offer to put an end to the matter.
Now you ask like I did at the beginning does the "30 Rejection of a vehicle work" the answer is simple NO as the buyer just hasn't the time and money like the showroom to hold out and wait to be treated fairly.
   
Are we happy? YES, that it's all over, it's been an experience I wouldn't want anyone to have.

No owing to the loss and the fact the truth hasn't come out and been dealt with correctly.

Thanks to those who bothered to read this and a big thank you to those who added their thoughts.

Mildly_Miffed

ST_Rippedoff2025 said:

so in the end a compromise has been reached where the vehicle has been brought back at a loss to me of about £4000.

Taken back where? By you? By the dealer?