Faulty Car - Rejection for full refund

lincroft1710

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.

Depending on how the car has been driven, a clutch failure at less than 30,000 miles would not be that unusual.

No-one is disputing your consumer rights, just pointing out that a) with a new clutch, keeping the car may be a sensible option and b) even if you reject the car, the garage may not play ball and if you have to sue it will be months before your case comes to court  

Undervalued

Aylesbury_Duck said:

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.

Exactly this ^^^^^

If the full story (and yes there are always two sides) is as described here then I fully understand the OP's frustration. That said, being antagonistic and taking a "I know my rights" attitude can easily be counter productive.

born_again

Undervalued said:

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.

Exactly this ^^^^^

If the full story (and yes there are always two sides) is as described here then I fully understand the OP's frustration. That said, being antagonistic and taking a "I know my rights" attitude can easily be counter productive.

With the ultimate, shut up shop & close down. Leaving OP with no car or money...

Grumpy_chap

Jfray77 said:

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.

We do not fully agree.
I consider that a clutch is a wear and tear item. 
Many car warranties exclude the clutch.
I do not consider it exceptional for a clutch to fail at 30k miles - it all depends on how the car is been driven over that period.
I also consider that it is quite possible for the car to show no symptoms of a failing clutch at test drive and for the clutch to have failed in the first 90 miles of your ownership.  In some ways, that timing is unfortunate.  To counter that, being so quick strengthens your position that the fault was present or developing when you collected the car and, hence, the Dealer's liability to resolve.

You claim to be certain of consumer law here, which begs the question of why ask a forum?  Just carry on and enforce your consumer rights.
However, again, we do not necessarily fully agree.
I do agree with you that the clutch failing so quickly after purchase puts the issue at the Dealer to resolve.
I am not sure that a failed clutch is necessarily grounds to reject the car
You may find this worth a read https://www.thecarexpert.co.uk/rejecting-a-car/
Your consumer rights may have been fulfilled if the Dealer fits a new clutch.

Is there also an element of buyer's remorse here?
As alluded to above, if I had a new (to me) used car, and it had a brand new clutch fitted, I'd think that was a successful outcome.
That does not mean I would not have been mightily annoyed at the event occurring and the inconvenience.
You are entitled to your different opinion to me.

If your attitude with the Dealer is the same abrupt and belligerent tone that has come across in this thread, that will not have endeared the Dealer to do their best for you.