Was I right to reject my car under the Consumer Rights Act, or should I just take it back

NotAnExpertHelp

the_lunatic_is_in_my_head.

I'll be honest and it did feel that the issue was a little made up. 

In our email on 30th October we asked the trader "

In your emails, you mentioned the radiator cap was “tightened” and the car “extensively test-driven,” but it’s not clear whether the overheating was confirmed, what caused it, or how you made sure it wouldn’t happen again. Could you please provide:

• Confirmation of the overheating (fault codes, coolant level, signs of overheating)
• The cause of the issue and what components were checked
• Pre-delivery inspection documentation
• Checks for any damage caused by overheating
• Details of work carried out and parts replaced
• How the vehicle was tested afterward (distance, conditions, monitoring, fault codes)

It would be helpful to see any service sheets, diagnostic reports, fault codes, test results, or pre-delivery checklists you already have. I’m not requesting any additional testing, only the information from the investigation you have already completed."

This was the response we got, not evidenced in anyway:

"I can confirm that upon diagnostics, we found that the radiator cap was insecure which gradually allowed the coolant level to decrease.

 We carried out a full check on the coolant system and have confirmed that at this time, there are no other concerns with the vehicle and its operation.

 Furthermore, we have then completed various testing inclusive of road testing for twenty five miles to ensure that there are not further faults that we needed to consider as part of our findings.

 To confirm, we have also code scanned the vehicle upon its return to confirm that there are no further fault codes stored and the vehicle is operating as expected."

No evidence either from my side to say it wasn't the case/cause but they completely avoided providing any of the evidence I requested. 

However, I do feel now if the time to cut my losses and see what the trader is willing to discuss.

Thanks to you all for your kindness and responses

Okell

Not being funny - I know bu99er all about cars - but the first thing you did on overheating was to ring the dealer?

I think even I'd have checked the radiator cap and coolant level, topping the coolant up if necessary.  And then tried it again...

sheramber

Accepting the car back will get you are car quicker than arguing with the dealer. 

sheslookinhot

Okell said:

Not being funny - I know bu99er all about cars - but the first thing you did on overheating was to ring the dealer?

I think even I'd have checked the radiator cap and coolant level, topping the coolant up if necessary.  And then tried it again...

It’s bordering on unbelievable the OP did not check the cap/coolant level. Seems to me to be a simple thing to do. 

PTP123

Can't comment on the legal side of things but a months wait to get it looked at seems about right. Try getting work done in the building trade, you'd be lucky to get seen to in a month

the_lunatic_is_in_my_head

PTP123 said:

Can't comment on the legal side of things but a months wait to get it looked at seems about right. Try getting work done in the building trade, you'd be lucky to get seen to in a month

The problem for any trader in this situation is where they failed to do what they need to do within what may be deemed a reasonable time they run the risk of being left in a worse position. 

If a plumber leaves a leaky pipe how busy they may happen to be is irrelevant, same with a car with an (apparent) fault. It's a bit different to a TV where you can live without it for a while or a pair of shoes were you'd have more than one pair to wear.  

PTP123

the_lunatic_is_in_my_head said:

PTP123 said:

Can't comment on the legal side of things but a months wait to get it looked at seems about right. Try getting work done in the building trade, you'd be lucky to get seen to in a month

The problem for any trader in this situation is where they failed to do what they need to do within what may be deemed a reasonable time they run the risk of being left in a worse position. 

If a plumber leaves a leaky pipe how busy they may happen to be is irrelevant, same with a car with an (apparent) fault. It's a bit different to a TV where you can live without it for a while or a pair of shoes were you'd have more than one pair to wear.  

Agree, but in this case it looks like the trader isn't the one fixing the issue. Not saying he isn't responsible but if, lets say, his local garages are all booked solid for a month, it's nothing he can help.

But the customer won't see it like that.

Grumpy_chap

sheslookinhot said:

Okell said:

Not being funny - I know bu99er all about cars - but the first thing you did on overheating was to ring the dealer?

I think even I'd have checked the radiator cap and coolant level, topping the coolant up if necessary.  And then tried it again...

It’s bordering on unbelievable the OP did not check the cap/coolant level. Seems to me to be a simple thing to do. 

Or, when the 7yo car broke down (overheated and became undriveable) a month after purchase, that they did not call their breakdown service who would quite possibly have identified the loose cap and got the OP going again.

That would work even if the OP is wholly non-technical and never even lifts the bonnet.

It does seem quite plausible that the overheating could have been down to a loose / fault cap if it was just letting a small amount of vapour to slowly seep from the system, very gradual cooling loss over a month is believable.

I wonder whether the best thing for the OP to do now is simply take the car back.

the_lunatic_is_in_my_head

I fall in the camp of know nothing about cars and wouldn't think my radiator cap could even come loose (do now after reading this) but if it is that obvious why wouldn't the dealer advise such before going to the, no doubt costly, expense of recovering the car? 

NotAnExpertHelp

Thanks everyone — I really do appreciate all the different perspectives.

Reading through the replies actually prompted me to check with my dad, who was first on the scene when my wife broke down (he lives just a few miles away, whereas I was still at work about 20 miles out).

He’d brought water with him just in case and checked the level visually — it was slightly above max, so he didn’t think low coolant was the issue. He didn’t remove the cap because the engine would have been far too hot, and his first thought at the time was a stuck thermostat or failed fan. He told my wife to call the dealer since the car was under warranty, and they said the earliest collection date would be 20th October, so he decided to tow her home, with me following behind.

That’s made me realise I’d got so focused on the Section 75/right-to-reject side of things that I hadn’t really questioned fully whether the diagnosis itself made sense. I’ve contacted the dealer to ask for a call to go through their findings in a bit more detail and I’m just waiting to hear back.

My concern now has shifted as to whether the overheating has genuinely been fixed or just temporarily masked, since the car sat unused for a few weeks before they tested it. I’m hoping to get a clearer idea of what checks were actually done and whether there’s any chance it could happen again.

Genuinely, thank you all — your comments helped me take a step back and look at the situation more clearly rather than just through the legal angle.