Missing service?

Car_54

mazworld15 said:

Herzlos said:

Given the time critical nature of it I'd phone them too. 

How far away is the dealer to you? Can you return it to them or does it really need collected?

I'm surprised a Nissan Dealer would be selling one in a condition that poor too. 

About 90 mins away< he's replied now
"Good Afternoon Marion, 

I have escalated to my General Manager for approval - He is out of business until Friday 18/07/2025. 

I will update you on his return. 

Kind Regards, 

I've replied

"Sorry we need this sorted asap, we need to source another car and need the money back.

Your guarantee says 

Buying a used car can seem a little daunting, but we've got you covered. For your peace of mind, we'll give you 14 days to get to know your new car and make sure it's right for you. If it doesn't meet your expectations for any reason, you can bring it straight back for a full refund. No questions asked.

Please confirm the car will be collected"

We could drive up but might be a confrontation?

"You can bring it straight back" doesn't suggest they'll be happy to travel 90 miles to collect it.

paul_c123

If its for a fault/issue (ie, the 30 days short term right to reject in CRA2015), the law only requires you "make it available for collection", you don't have to return it. 

The 14 days limit - and the one they're probably alluding to in the quoted wording - is a different law, that of Distance Selling Regulations, where you can simply decide its not for you and return it, even if not faulty. In that scenario, the customer bears the cost of returning it.

Its also possible that the wording is some other kind of extra they offer over and above their requirements under CRA2015, where they're allowing "returns" in a 14 day window, even if there is no fault, and if its not a distance sale. In that scenario, since its over and above the legal requirement, they can impose reasonable terms such as its returned to the dealership.

Since this is a return under CRA2015, the former applies and the last 2 are irrelevant. The vehicle does need to have a fault of some kind, or it not be as described or fit for purpose.

paul_c123

mazworld15 said:

Yeah its 1.3, definately missed a service

Reject on this basis alone.

Nobbie1967

paul_c123 said:

mazworld15 said:

Yeah its 1.3, definately missed a service

Reject on this basis alone.

I don’t think that’s a basis for rejection under CRA2015, so probably have to return it under the 14 day return policy which means driving it back up to them as per the conditions of the offer.

mazworld15

Thanks all, I've emailed again to say we'll drive it back

mazworld15

Nope they're not having it, saying they need a General Managers ok to take it back and he's off til Friday

Car_54

mazworld15 said:

Nope they're not having it, saying they need a General Managers ok to take it back and he's off til Friday

Remind them of "No questions asked".

But don't expect a sensible answer.

born_again

mazworld15 said:

Nope they're not having it, saying they need a General Managers ok to take it back and he's off til Friday

Find out when he's there & take it back then.
Clock has stopped on the 14 days as you have informed them inside that time frame.

paul_c123

Nobbie1967 said:

paul_c123 said:

mazworld15 said:

Yeah its 1.3, definately missed a service

Reject on this basis alone.

I don’t think that’s a basis for rejection under CRA2015, so probably have to return it under the 14 day return policy which means driving it back up to them as per the conditions of the offer.

It depends on how it was described in the advert. If it were described with full service history, or "manufacturer's warranty" (which needs the FSH to be valid) and it has missed a service, its misdescribed and a reason to reject under CRA2015.

In any case, events have overtaken, the OP has delivered it back, so should be able to progress the return under the dealer's offered wording.

sheramber

paul_c123 said:

Nobbie1967 said:

paul_c123 said:

mazworld15 said:

Yeah its 1.3, definately missed a service

Reject on this basis alone.

I don’t think that’s a basis for rejection under CRA2015, so probably have to return it under the 14 day return policy which means driving it back up to them as per the conditions of the offer.

In any case, events have overtaken, the OP has delivered it back, so should be able to progress the return under the dealer's offered wording.

Have they?