New bought used car advice

kpod555

I purchased a new (to me) used car on New Years Eve, all was fine for 2 days but then an engine management light came on. I contacted the garage where I bought the car from & was told to take it to a mechanic for a diagnostic assessment. An oil dilution fault was found which my mechanic said is usually linked to a failed DPF regeneration but when this happens the oil level is usually high but isn't. He suggested that is could be an old fault which hadn't been fully cleared & on talking to the garage they suggested to clear the fault as it may just be that the car hasn't been used much as it's been on the forecourt of the last few weeks & not driven.

All was fine for 2 weeks when the engine management light returned & the mechanic said it was the same fault. I contacted the garage & spoke to someone different who said to claim on the warranty but it's now a wear & tear issue. I questioned this & he became very dismissive when I pointed out the consumer rights act 2015 & my right to reject & return the car, when I tried to record the conversation he hung up.

I've since taken the car to a main dealership who have said the NoX upstream sensor needs to be replaced, DPF needs to be regenerated and an oil & oil filter change is needed totalling just under £1000. I've again contacted the garage that I want to reject the car & get a full refund for the car & the diagnostic costs or I will seek court action. They have said that as a "goodwill gesture" will cover the costs to get the car fixed but I no longer have faith in the car & want a refund.

Has anyone else been in the same situation or can someone reassure me that I am well within my rights to get a full refund.

Vitor

You’re protected by the Consumer Rights Act 2015, but the key issue is timing. The fault appeared within days, which helps you, and within six months the dealer must prove it wasn’t present at sale. However, unless you clearly rejected the car within 30 days, your automatic short-term right to a refund may have lapsed.

After 30 days the dealer is entitled to one repair attempt. Since they’ve offered to cover the work, a court would likely expect you to allow that. If the repair fails or the fault returns, you’d then have a much stronger case for final rejection and refund, less a small per mile reduction for the use you've had of the vehicle.

kpod555

I rejected it 2 weeks after purchase by email & over the telephone due to the management light returning.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81880136#Comment_81880136

But that doesn't necessarily count as an actual rejection if you continued to drive it since then?

kpod555

https://forums.moneysavingexpert.com/discussion/comment/81880154#Comment_81880154

No I haven't continued to drive it. It's still at the dealership.

Ayr_Rage

Is it back at the seller's facility or with a third party?

To reject it it must be returned to the seller.

kpod555

https://forums.moneysavingexpert.com/discussion/comment/81880191#Comment_81880191

Currently at a main dealership. The garage is refusing to accept to refund so they're highly unlikely to accept it's return. I'd have to arrange transport there as the engine management light is on & the garage is 4 hours away.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81880191#Comment_81880191

Not necessarily - assuming there has actually been an unequivocal indication of rejection, "the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed", so it'll depend on the terms of sale.

Alderbank

This —^. I agree with @eskbanker.

Just take it back to the seller. In fact that 4 hour blast down the motorway at National speed limit will probably fix all the issues.

None of those items are serious faults. The engine warning light is not even a fault - it is working correctly.

If the DPF needs regenerating you would expect to see lambda fault codes showing on the OBD readout due to fluctuating NOx levels.

However the seller has agreed to fix the issues and is certainly under no obligation to pay for someone else to do so at main stealership rates.

If he can't remedy the items within a reasonable time then you move into 'significant fault' territory and you do then have the right to reject.

Okell

@kpod555

Depending on the precise dates you may not have lost the 30 day short term right to reject.

When you agreed to the garage clearing the filter, the 30 day clock was paused, and it only started running again when the car was returned to you

So you bought the car on NYE but:

1 when did it go into the garage for repair?

2 When did you get it back?

3 when did you tell them again that you wanted a refund?

kpod555

https://forums.moneysavingexpert.com/discussion/comment/81880313#Comment_81880313

The dealership has said it's gone in to limp mode so I don't I'll be able to blast it anywhere.

I'd say nearly £1k of required work is a fairly serious indication that the car isn't of satisfactory quality or fit for purpose, especially given the fact it occurred 2 days after purchase.