Car purchase - electrical problems

andygb

We purchased a 2016 car from a dealer in November. The day after we picked it up, the n/s rear indicator developed a fault, as did the parking sensors. We took the car back to the dealer and waited for a couple of hours to have it fixed. Just before Christmas the same faults appeared, but couldn't get it booked in until mid January. We picked it up three days later, seemingly fixed. Yesterday, the car developed the same faults, when my wife was driving back from work.

This is becoming a real pain and I am going to phone the garage, but we cannot be without the car and they didn't offer a courtesy car before. What are my rights regarding this, because it is obvious that they didn't repair it satisfactorily the day after we originally picked it up. My wife does like the car, but has now go to the stage where she want another one.

Wat are our rights here?

Vitor

Under the Consumer Rights Act 2015 you had a 30-day short-term right to reject a faulty car, but once you accepted a repair you moved into the repair remedy route. You are still within the first 6 months, so the law assumes the fault was present at sale unless the dealer proves otherwise. The dealer must repair the car within a reasonable time and without significant inconvenience.

Repeated failure to fix the same fault usually counts as that remedy failing. At that point you can exercise the final right to reject the car or ask for a price reduction. Put this in writing and set a clear deadline and ask for a courtesy car or costs.

NB if you do reject, the dealer can make a reasonable deduction of say 10p/mile from the sale price for use you've had.

MyRealNameToo

The repair doesnt stop the ability to reject in 30 days, it effectively pauses the clock until the item is returned to you and then the clock starts ticking again.

You can reject a vehicle for repeated faults that havent manage to have a lasting repair however the dealer is entitled to reduce the vehicle for "use" on the refund (unlike other types of goods you buy where they can't in the first 6 months). The law doesnt say how use should be calculated, based on a number of threads here most seem to try the 45p/mile that you can claim for using your personal car for business purposes however that isnt really reasonable given it covers fuel, insurance, tax etc which are irrelevant for this matter.

andygb

Just an update. I contacted the dealership and have officially requested that we reject the car, because the original fault which appeared the day after picking it up, has not been resolved, after three attempts to fix it. I should point out, that when we were due to collect the car in November, it was delayed for a couple of days. It also had a brand new MOT just a week before we purchased it, but would have definitely failed an MOT with the current faults.

andygb

A quick update, the service/aftersales team from the dealership, has said this:

"Please note that the rear light concern does not relate to any repairs previously carried out by our team. As such, we are not currently in a position to accept rejection of the vehicle on this basis."

I replied

"The rear n/s indicator and the parking sensors are the two items which went in for repair, the day after we picked up the vehicle and the same fault appeared on 22nd December (which could not be repaired by the garage until 21st January). The same fault has now manifested itself on Friday 6th February, so it is quite insulting for you to say that it does not relate to any previous repairs carried out by your team, when it is exactly the same fault."

They replied

"We would like to clarify that we are entitled the right to inspect your issue in order to determine liability of the matter."

Bearing in mind, that I am dealing with people who are dishonest by not admitting the earlier faults are not the same as the next and current faults, would it jeopardise my situation by seeking an independent inspection.

born_again

Independent inspection will not harm anything.

Might even find that it a simple earth fault.

sheslookinhot

https://forums.moneysavingexpert.com/discussion/comment/81885595#Comment_81885595

I don’t think they have any “right to inspect”. They have already had one opportunity to rectify the issue and failed. I would proceed with rejection by returning the car and handing them a rejection letter, if not already done.

sheramber

How did you pay for it?

powerful_Rogue

https://forums.moneysavingexpert.com/discussion/comment/81885808#Comment_81885808

What harm would it cause by letting them inspect the vehicle to see what the fault is? especially if OP has their own inspection carried out.

sheslookinhot

https://forums.moneysavingexpert.com/discussion/comment/81885949#Comment_81885949

The only real issue would be that it is prolonging the uncertainty of ownership of the car.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81886204#Comment_81886204

If this is going to end up in court, then time involved is going to be months anyway.