Faulty Car - Rejection for full refund

Jfray77

HELP...!! I purchased a car on the 9th July. Became undriveable on 10th July. Speaking to local garages was advised it was most likely a clutch issue and do not drive it. Wanted to reject and have a refund. Garage advised could not refund prior to an inspection. They wanted me to take the car to a garage an hour away, I refused as I had been advised not to drive. They were going to find a local garage to inspect but had no response. Chased on 15th and they agreed to collect the vehicle at their expense and inspect at their workshop. I agreed but requested a full written report of the inspection, that I had the right to a second opinion (at my cost) if needed and that no work would be carried out with my consent. I have this agreed in writing. Car collected on 18th, no update, so chased on 22nd. The person inspecting confirmed the car required a new flywheel and clutch but they were awaiting costings and approval. At this point, I again reiterated my request to reject and receive a full refund, including admin fee, due to the car clearly not being fit for purpose at point of sale. Since then, I have sent one follow up email today (24th) and still had no reply. All communication is email only. They still have the car and my money. I'm prepared to file a claim and take them to court but looking for advice on anything anyone has experienced similar. TIA

Aylesbury_Duck

Jfray77 said:

HELP...!! I purchased a car on the 9th July. Became undriveable on 10th July. Speaking to local garages was advised it was most likely a clutch issue and do not drive it. Wanted to reject and have a refund. Garage advised could not refund prior to an inspection. They wanted me to take the car to a garage an hour away, I refused as I had been advised not to drive. They were going to find a local garage to inspect but had no response. Chased on 15th and they agreed to collect the vehicle at their expense and inspect at their workshop. I agreed but requested a full written report of the inspection, that I had the right to a second opinion (at my cost) if needed and that no work would be carried out with my consent. I have this agreed in writing. Car collected on 18th, no update, so chased on 22nd. The person inspecting confirmed the car required a new flywheel and clutch but they were awaiting costings and approval. At this point, I again reiterated my request to reject and receive a full refund, including admin fee, due to the car clearly not being fit for purpose at point of sale. Since then, I have sent one follow up email today (24th) and still had no reply. All communication is email only. They still have the car and my money. I'm prepared to file a claim and take them to court but looking for advice on anything anyone has experienced similar. TIA

You've done the right thing by physically returning the car - many in your situation don't do so.  They've done the right thing by collecting the car and inspecting it - many in their situation don't do so.

Be patient, you've only given them four working days!  Give them a little more time to get the final costs and approval.  Taking them to court isn't going to accelerate things, even in what should be a guaranteed win for you - you would need to send them a letter before action giving them a reasonable time to refund you (normally 14 days) and I understand the court waiting list is at least several months in most areas.  Jumping straight to a legal threat now might just make them dig in, which doesn't help you get your money back.

Grumpy_chap

Is this just a regular, manual petrol or diesel car?
Is the issue that the clutch has gone?
If so, rejecting the car might not be the best option.
A clutch is a wear-and-tear item and can go on any car at any time and with little to no warning.  Sometimes the clutch can be noticed to be "riding" or "slipping" for a short period before it goes.  I have experienced in the past driving to for work and the car is fine, then on the way home, the clutch starts to slip and then fails completely and stranded at the roadside.  It can be just one of those things.
If it is just the clutch, but the car is otherwise good, then keeping the car with the new clutch fitted will be better long term than rejecting this car and having to start again with another car which may also suffer the clutch failing at any time and, possibly, sooner than this car with the new clutch fitted.

daveyjp

Another faulty car post with absolutely no details of the vehicle concerned.

Jfray77

Grumpy_chap said:

Is this just a regular, manual petrol or diesel car?
Is the issue that the clutch has gone?
If so, rejecting the car might not be the best option.
A clutch is a wear-and-tear item and can go on any car at any time and with little to no warning.  Sometimes the clutch can be noticed to be "riding" or "slipping" for a short period before it goes.  I have experienced in the past driving to for work and the car is fine, then on the way home, the clutch starts to slip and then fails completely and stranded at the roadside.  It can be just one of those things.
If it is just the clutch, but the car is otherwise good, then keeping the car with the new clutch fitted will be better long term than rejecting this car and having to start again with another car which may also suffer the clutch failing at any time and, possibly, sooner than this car with the new clutch fitted.

This is a regular petrol car, less than 5 years old with only 29k miles on it. I had driven less than 90 miles, this included a 50 mile trip home from the garage. On inspection, they confirmed that the car needed a new clutch and flywheel. This is not just wear and tear. Even if it was, it was present at point of sale, and therefor would make them liable for it. Consumer law is very clear in these situations, and I am fully entitled to reject the vehicle and receive a refund. What isn't fair, is them completely ignoring me, whilst holding both the car and money.

Jfray77

Aylesbury_Duck said:

Jfray77 said:

HELP...!! I purchased a car on the 9th July. Became undriveable on 10th July. Speaking to local garages was advised it was most likely a clutch issue and do not drive it. Wanted to reject and have a refund. Garage advised could not refund prior to an inspection. They wanted me to take the car to a garage an hour away, I refused as I had been advised not to drive. They were going to find a local garage to inspect but had no response. Chased on 15th and they agreed to collect the vehicle at their expense and inspect at their workshop. I agreed but requested a full written report of the inspection, that I had the right to a second opinion (at my cost) if needed and that no work would be carried out with my consent. I have this agreed in writing. Car collected on 18th, no update, so chased on 22nd. The person inspecting confirmed the car required a new flywheel and clutch but they were awaiting costings and approval. At this point, I again reiterated my request to reject and receive a full refund, including admin fee, due to the car clearly not being fit for purpose at point of sale. Since then, I have sent one follow up email today (24th) and still had no reply. All communication is email only. They still have the car and my money. I'm prepared to file a claim and take them to court but looking for advice on anything anyone has experienced similar. TIA

You've done the right thing by physically returning the car - many in your situation don't do so.  They've done the right thing by collecting the car and inspecting it - many in their situation don't do so.

Be patient, you've only given them four working days!  Give them a little more time to get the final costs and approval.  Taking them to court isn't going to accelerate things, even in what should be a guaranteed win for you - you would need to send them a letter before action giving them a reasonable time to refund you (normally 14 days) and I understand the court waiting list is at least several months in most areas.  Jumping straight to a legal threat now might just make them dig in, which doesn't help you get your money back.

4 working days? This has been ongoing since the 10th. Yes, they have only had the car for 5 working days but as soon as the fault was confirmed and I requested the rejection and refund, they should have at least acknowledged that request, if only to explain there process in actioning this. To completely ignore it and a subsequent follow up request is not acceptable, especially as they have my car and my money. Legal is obviously not my preferred option but I am without a car and without the money to purchase a new one until this is resolved. Thankfully having contacts who are familiar with consumer law and the rights associated with it, this is a fairly standard case. It is just frustrating, especially when it could have been resolved amicably.

fatbelly

Jfray77 said:

HELP...!! I purchased a car on the 9th July. Became undriveable on 10th July. Speaking to local garages was advised it was most likely a clutch issue and do not drive it. Wanted to reject and have a refund. Garage advised could not refund prior to an inspection. They wanted me to take the car to a garage an hour away, I refused as I had been advised not to drive. They were going to find a local garage to inspect but had no response. Chased on 15th and they agreed to collect the vehicle at their expense and inspect at their workshop. I agreed but requested a full written report of the inspection, that I had the right to a second opinion (at my cost) if needed and that no work would be carried out with my consent. I have this agreed in writing. Car collected on 18th, no update, so chased on 22nd. The person inspecting confirmed the car required a new flywheel and clutch but they were awaiting costings and approval. At this point, I again reiterated my request to reject and receive a full refund, including admin fee, due to the car clearly not being fit for purpose at point of sale. Since then, I have sent one follow up email today (24th) and still had no reply. All communication is email only. They still have the car and my money. I'm prepared to file a claim and take them to court but looking for advice on anything anyone has experienced similar. TIA

Under the CRA, you can reject and ask for a full refund within 30 days IF a fault was discovered that was present at the point of sale.

Now they may wish to argue that the clutch was functioning 24 hours earlier. I think that would be a weak argument.

They are allowed time to process a refund but as 14 days have passed and you have stated again that you want to reject, I think they have to give you a timescale for the refund or a reason why this option does not apply

This may not be their preferred option nor posters on this thread but as I read it, it is your right under the law

Jfray77

fatbelly said:

Jfray77 said:

HELP...!! I purchased a car on the 9th July. Became undriveable on 10th July. Speaking to local garages was advised it was most likely a clutch issue and do not drive it. Wanted to reject and have a refund. Garage advised could not refund prior to an inspection. They wanted me to take the car to a garage an hour away, I refused as I had been advised not to drive. They were going to find a local garage to inspect but had no response. Chased on 15th and they agreed to collect the vehicle at their expense and inspect at their workshop. I agreed but requested a full written report of the inspection, that I had the right to a second opinion (at my cost) if needed and that no work would be carried out with my consent. I have this agreed in writing. Car collected on 18th, no update, so chased on 22nd. The person inspecting confirmed the car required a new flywheel and clutch but they were awaiting costings and approval. At this point, I again reiterated my request to reject and receive a full refund, including admin fee, due to the car clearly not being fit for purpose at point of sale. Since then, I have sent one follow up email today (24th) and still had no reply. All communication is email only. They still have the car and my money. I'm prepared to file a claim and take them to court but looking for advice on anything anyone has experienced similar. TIA

Under the CRA, you can reject and ask for a full refund within 30 days IF a fault was discovered that was present at the point of sale.

Now they may wish to argue that the clutch was functioning 24 hours earlier. I think that would be a weak argument.

They are allowed time to process a refund but as 14 days have passed and you have stated again that you want to reject, I think they have to give you a timescale for the refund or a reason why this option does not apply

This may not be their preferred option nor posters on this thread but as I read it, it is your right under the law

Thank you. It is the now not knowing what to do that is causing the issue. With the radio silence from them and them having the car and the money, I feel like my only option is the legal route. I do appreciate it may take time for a refund to be issued, I just can't stand the lack of communication and transparency.

born_again

Jfray77 said:

fatbelly said:

Jfray77 said:

HELP...!! I purchased a car on the 9th July. Became undriveable on 10th July. Speaking to local garages was advised it was most likely a clutch issue and do not drive it. Wanted to reject and have a refund. Garage advised could not refund prior to an inspection. They wanted me to take the car to a garage an hour away, I refused as I had been advised not to drive. They were going to find a local garage to inspect but had no response. Chased on 15th and they agreed to collect the vehicle at their expense and inspect at their workshop. I agreed but requested a full written report of the inspection, that I had the right to a second opinion (at my cost) if needed and that no work would be carried out with my consent. I have this agreed in writing. Car collected on 18th, no update, so chased on 22nd. The person inspecting confirmed the car required a new flywheel and clutch but they were awaiting costings and approval. At this point, I again reiterated my request to reject and receive a full refund, including admin fee, due to the car clearly not being fit for purpose at point of sale. Since then, I have sent one follow up email today (24th) and still had no reply. All communication is email only. They still have the car and my money. I'm prepared to file a claim and take them to court but looking for advice on anything anyone has experienced similar. TIA

Under the CRA, you can reject and ask for a full refund within 30 days IF a fault was discovered that was present at the point of sale.

Now they may wish to argue that the clutch was functioning 24 hours earlier. I think that would be a weak argument.

They are allowed time to process a refund but as 14 days have passed and you have stated again that you want to reject, I think they have to give you a timescale for the refund or a reason why this option does not apply

This may not be their preferred option nor posters on this thread but as I read it, it is your right under the law

Thank you. It is the now not knowing what to do that is causing the issue. With the radio silence from them and them having the car and the money, I feel like my only option is the legal route. I do appreciate it may take time for a refund to be issued, I just can't stand the lack of communication and transparency.

So are you speaking to them on the phone? Even so if they do not do repairs on site, or do. They have other work to do. So you are expecting a bit too much for them to drop everything to sort your problem out.

Even if it is not your fault, as clutch is a wear & tear item.

Aylesbury_Duck

Jfray77 said:

Grumpy_chap said:

Is this just a regular, manual petrol or diesel car?
Is the issue that the clutch has gone?
If so, rejecting the car might not be the best option.
A clutch is a wear-and-tear item and can go on any car at any time and with little to no warning.  Sometimes the clutch can be noticed to be "riding" or "slipping" for a short period before it goes.  I have experienced in the past driving to for work and the car is fine, then on the way home, the clutch starts to slip and then fails completely and stranded at the roadside.  It can be just one of those things.
If it is just the clutch, but the car is otherwise good, then keeping the car with the new clutch fitted will be better long term than rejecting this car and having to start again with another car which may also suffer the clutch failing at any time and, possibly, sooner than this car with the new clutch fitted.

This is a regular petrol car, less than 5 years old with only 29k miles on it. I had driven less than 90 miles, this included a 50 mile trip home from the garage. On inspection, they confirmed that the car needed a new clutch and flywheel. This is not just wear and tear. Even if it was, it was present at point of sale, and therefor would make them liable for it. Consumer law is very clear in these situations, and I am fully entitled to reject the vehicle and receive a refund. What isn't fair, is them completely ignoring me, whilst holding both the car and money.

I think you've missed the point of Grumpy_chap's post, which is that you're perhaps better with what would be a car with a fully new clutch and flywheel, than you are getting a refund and starting all over again.  He wasn't accusing you of wearing out the clutch, it is wear and tear, just not wear and tear under your ownership.

I don't think anyone's doubting the garage's liability here, or your entitlement.  Some of us are doubting your approach, though.

Aylesbury_Duck

Jfray77 said:

Aylesbury_Duck said:

Jfray77 said:

HELP...!! I purchased a car on the 9th July. Became undriveable on 10th July. Speaking to local garages was advised it was most likely a clutch issue and do not drive it. Wanted to reject and have a refund. Garage advised could not refund prior to an inspection. They wanted me to take the car to a garage an hour away, I refused as I had been advised not to drive. They were going to find a local garage to inspect but had no response. Chased on 15th and they agreed to collect the vehicle at their expense and inspect at their workshop. I agreed but requested a full written report of the inspection, that I had the right to a second opinion (at my cost) if needed and that no work would be carried out with my consent. I have this agreed in writing. Car collected on 18th, no update, so chased on 22nd. The person inspecting confirmed the car required a new flywheel and clutch but they were awaiting costings and approval. At this point, I again reiterated my request to reject and receive a full refund, including admin fee, due to the car clearly not being fit for purpose at point of sale. Since then, I have sent one follow up email today (24th) and still had no reply. All communication is email only. They still have the car and my money. I'm prepared to file a claim and take them to court but looking for advice on anything anyone has experienced similar. TIA

You've done the right thing by physically returning the car - many in your situation don't do so.  They've done the right thing by collecting the car and inspecting it - many in their situation don't do so.

Be patient, you've only given them four working days!  Give them a little more time to get the final costs and approval.  Taking them to court isn't going to accelerate things, even in what should be a guaranteed win for you - you would need to send them a letter before action giving them a reasonable time to refund you (normally 14 days) and I understand the court waiting list is at least several months in most areas.  Jumping straight to a legal threat now might just make them dig in, which doesn't help you get your money back.

4 working days? This has been ongoing since the 10th. Yes, they have only had the car for 5 working days but as soon as the fault was confirmed and I requested the rejection and refund, they should have at least acknowledged that request, if only to explain there process in actioning this. To completely ignore it and a subsequent follow up request is not acceptable, especially as they have my car and my money. Legal is obviously not my preferred option but I am without a car and without the money to purchase a new one until this is resolved. Thankfully having contacts who are familiar with consumer law and the rights associated with it, this is a fairly standard case. It is just frustrating, especially when it could have been resolved amicably.

It's four working days since they collected the car.  Yes, delays are frustrating and yes, they haven't been brilliant with communication but huffing and puffing about it and demanding your rights doesn't sound like it's going to accelerate matters and there's a risk they become bloody-minded and delay things further.  What can you do about that?  Not much, because legal action is going to take ages.