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Vehicle Rejection
Hi,
I purchased a used car in August 2025, in December 2025 I noticed a loud noise when accelerating. Had the vehicle visually inspected by a qualified engineer who advised there was an exhaust gas leak from the turbo.
Vehicle was sent in to the main dealer for the repair to be undertaken under their approved used warranty in January where they confirmed that there was an exhaust gas leak and it would cost almost £2k to repair and would not be covered under the warranty. The inspection was undertaken by a different main dealer, not the selling dealer.
As I had owned the vehicle for less than 6 months I advised the selling dealer that if it was not fixed at no cost to myself I would be rejecting the vehicle under the CRA, they then agreed to repair the vehicle at no cost to myself.
The selling dealer has had the car for 4 weeks as of tomorrow. After 2 weeks had elapsed I emailed to request an update and that if this was not repaired by the end of week 3 I would be rejecting the vehicle and would require a refund for the price paid, less reasonable usage allowance.
The dealer made no attempt to contact me during week 3 so I sent a letter of rejection which prompted a very short reply along the lines of 'we're trying to fix it but can't find a fault' - bearing in mind I have a report from another main dealer advising there is a fault. It is also clear to see and hear when driving the vehicle.
Now I'm at the end of week 4, my position is that they have had reasonable opportunity to resolve the issue and are clearly not willing to do so, have tried calling them today to discuss the matter but no response.
They have provided a loan car whilst my vehicle is with them, I'm in Manchester and dealer is in Birmingham. I advised them to contact me to arrange collection which they have also ignored, guessing I'll need to take this back and arrange my own transport back home from the dealer…
Given the lack of progress or any meaningful engagement from the dealer I believe I have no other option but to proceed with issuing the claim via money claims online, the car was £28k so given the fee involved, am I being unreasonable pursuing recovery after 4 weeks?
Thanks in advance,
Comments
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Was the car bought through a finance scheme? If so ask finance help suspend the payments.
You can also contact the car ombudsman
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Whether you continue with the dealer or (if bought through finance) the finance provider, it's always helpful to explain to them the legal basis of your complaint.
Under s19 of the Consumer Rights Act 2015, any fault that manifests itself within 6 months of delivery of the goods is deemed to have been present at sale - unless the seller can establish otherwise.
Under s23(2) of the same legislation the dealer must repair the goods "within a reasonable time and without significant inconvenience to the consumer".*
Go back to the seller quoting the law to them and tell that if they haven't got this fixed within 14** days you will be rejecting the car for a refund.
Note that in the case of cars the seller can reduce your refund to take account of the untroubled use you have had of the car. You need to negotiate that with the seller
*the legislation does not even attempt to explain what either a reasonable time or significant inconvenience is. It's uo to you to argue
** I've said 14 days but it's up to you
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Was purchased through finance (to get 2yr warranty thrown in) but finance was settled after a couple of weeks
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Thanks - I already quoted 7 days to them last Friday but have had absolutely nothing back from either the dealer or customer services.
The letter was the template one from 'Which' but slightly tweaked to include some specifics.
Was going to try calling (and following up with an email) tomorrow and if no joy sending a final email simply stating they have failed to engage in the matter and I will be pursuing them for the cost of the the car, less an amount for reaonsble use.
With regards to reasonable use I was going to propose the HMRC AFR, less the amount of fuel I would have paid for based on the MPG of the car (works out around 14p / mile for fuel) so a £0.31/mile deduction to the purchase price as a starter.
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Isn't this really bad advice?
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does the six month thing apply to a used car? I thought that was just
All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
It's within the Consumer Rights Act, so applies to any purchase covered by that, and there's no carve-out for used cars (or used goods in general) that I'm aware of?
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That is a common thing that people do - take the finance for the incentive and settle early.
There was a recent thread on here that discussed the S75 continuing even after the finance has been repaid and the conclusion was that S75 does outlive the finance.
I'd start lower than that 31 pence per mile.
If you had the car on PCP, what is the excess mileage charge that would apply if above agreed mileage at end of term? That is typically 10 pence to 12 pence per mile.
Start there and then settle for the 31 pence per mile derived from AMAP rates if you get pushed that far. If that is the direction that discussions go, then the HMRC AMAP rate 45 pence per mile covers:
- depreciation
- fuel
- maintenance
- insurance
- breakdown cover
- MOT
So it is not just the fuel cost that you need to deduct from the AMAP rate.
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does the six month thing apply to a used car? I thought that was justeskbanker
It's within the Consumer Rights Act, so applies to any purchase covered by that, and there's no carve-out for used cars (or used goods in general) that I'm aware of?There is a six month carve-out for vehicles in the Final Right to Reject (section 24(10)):
No deduction may be made if the final right to reject is exercised in the first 6 months (see subsection (11)), unless the goods consist of a motor vehicle
Sorry about the crazy formatting.
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Yes, but that's just about price reductions within six months, rather than faults found within six months being deemed present at sale unless the trader can prove otherwise, which is the issue at hand, even though the poster rather vaguely referred to "the six month thing" in an unfinished post.
1
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