Car fault apparent after 3 weeks

Okell

https://forums.moneysavingexpert.com/discussion/comment/81935823#Comment_81935823

But started again when the car was returned to the OP.

The OP hasn't said how long he had the car back after the initial repair and before bringing it back to the dealer the second time, so we don't know if he's still within 30 days or not.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81935860#Comment_81935860

"The clock stops when you report the fault, so the dealer either needs to fix it, or refund you (with a deduction for usage) …"

But the clock would have started again when the OP got the car back after the first repair attempt.

If the OP was still within the "paused and restarted" 30 days when he took it back the second time then yes, he would be entitled to a refund, but under the short-term right to reject the dealer would not be permitted to make any deduction for use. When exercising the short-term right to reject the consumer is always entitled to a full refund.

If outside the "paused and restarted" 30 day time limit for the short-term right to reject the OP is still entitled to a refund after one failed attempt at repair, but in the case of motor vehicles the dealer is permitted to make a deduction for use after the short-term right to reject has expired. (cf goods other than motor vehicles where the seller can only make a deduction for use after 6 months from delivery)

Okell

https://forums.moneysavingexpert.com/discussion/comment/81936395#Comment_81936395

"The choice or refund or repair is theirs, not yours…"

I'm not convinced your right that it is the dealer's choice between a refund and a repair. Does it say that in the legislation?

Has the dealer even offered a refund in this case?

"… I once wanted to keep a vehicle, the dealer wanted to refund, I thought if I had it repaired I could take them to court for the cost.

I was wrong, I lost."

Are you saying you went to court wanting the dealer to repair rather than refund and you lost?

Or are you saying you leapfrogged the dealer and got a third party to do the repairs hoping the dealer would refund you?

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81936955#Comment_81936955

The clock doesn't restart if they've failed to fix a fault that you reported inside 30 days. The fault was originally reported inside the 30 day limit, so they are on the hook for fixing it or remedying the situation via refund.

beatthebookienet

No refund has been offered yet, the timescale is basically:

100 miles and 24 days into ownership the car goes into limp mode when first reaching 70mph driving on holiday

28 days I get back from holiday and return the car with 4 warning lights and intermitent limp mode issues

The dealer has the car for 8 days and tells me all faults are repaired

I collect the car, take it on the motorway and it goes into limp mode again. The next day I return it a second time and as of this post they have had it a further 14 days with no resolution to the turbo/limp mode fault. They keep giving me a lot of spiel saying it's the turbo that needs cleaned because of carbon build up and they don't want to replace the turbo because it's too big a job

Objectively I have paid a dealership price for a car which is effectively spares or repairs and potentially needs £1k+ spent to become roadworthy. I paid £2.8k but market is circa £2k and we buy any car values it at £1.5k if roadworthy before any deductions

photome

have you asked for a refund?

If they are not going to fix it they need to refund

PTP123

https://forums.moneysavingexpert.com/discussion/comment/81936981#Comment_81936981

It is the dealer choice. You can't make them repair something if they would rather refund you in full.

I'm saying I wanted the dealer to repair. They refused and offered a full refund. I rejected that, got the vehicle fixed and lost in court.

Okell

https://forums.moneysavingexpert.com/discussion/comment/81937096#Comment_81937096

The clock restarts the day the consumer gets the car back. See s22(8)(b) of the Consumer Rights Act 2015

All we know at the moment is that the consumer originally brought the car back to the seller within 4 weeks.(Might have been after one day might have been within 27 days. We don't know).

We also don't know how soon after the OP got the car back that they raised with the seller that the repair had not been fully successful. Yes, it might have been the same day or it could have been a week later. I don't know and I don't think you do either.

That's why I commented previously that "The OP hasn't said how long he had the car back after the initial repair and before bringing it back to the dealer the second time, so we don't know if he's still within 30 days or not".

Of course you might be assuming that the OP got the car back and on the same day raised with the seller that the attempted repair had not been fully successful, but the OP hasn't said that and I'm not assuming it.

Or you might be assuming that the clock only restarts once the consumer has satisfied themself that the repair has been successful. But that isn't what the law says.

So without knowing (1) how many days after delivery the OP first raised the problem with the seller and (2) how many days the OP had the car back before realising the attempted repair was not wholly successful, I don't see how anyone can know whether the short-term right to reject had expired or not.

[Edit: What I'm talking about above is whether the OP still has the short-term right to reject for a full refund and no arguments. That's not to say that the OP is not entitled to some remedy other than the short-term right to reject…]

[2nd Edit: And the reason it's important to know if the consumer is exercising the short term right to reject is because if they are, the seller can't reduce the refund for use.]

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81938650#Comment_81938650

The waiting period ending is irrelevant if they haven't fixed the issue that was reported within the time limit. They get one chance to repair the fault, after that the consumer still has the short term right to reject even if the 30 days has elapsed since.

Imagine an extreme scenario where you buy a car which develops a suspension fault inside 30 days. You take the car back, the garage 'fixes' it and returns it to you. The clock restarts. One day/one week/one month (the time is irrelevant) outside the time limit the car breaks down, same fault, and it turns out the garage bodged it together with superglue and elastic bands. You do not lose your right to reject because they failed to fix a fault you reported within the timelines.

The relevant section of the CRA after the first repair is 24 (5a): https://www.legislation.gov.uk/ukpga/2015/15/section/24

Okell

https://forums.moneysavingexpert.com/discussion/comment/81937930#Comment_81937930

Are you referring to this thread? Rejection of vehicle — MoneySavingExpert Forum