Right to require a car dealer to take back a vehicle

Rocket59

Can anyone assist with my rights to hand back a vehicle?

I purchased the car new last April and returned it to the dealer over a month ago to investigate an issue with battery drain. After 4 weeks they advised me that they thought they had isolated the issue, but the part is on back order. They initially told me that it would be available this week, but have now said that it's unlikely to arrive until mid-to end-April. Even when they receive it, they aren't 100% sure that it will resolve the problem.

The vehicle is less than 12 months old, and I've already been without it for over a month in that period, and am now facing of further delay of up to a month assuming that the part arrives within that time.

Can anyone assist me with my rights, and whether I can insist that the dealer takes the car back?

Many thanks.

Woodstok2000

New or second hand car?

Can the dealer provide a courtesy car?

Is The car driveable while you wait for the fix?

PTP123

Are you are aware you won't get a full refund?

born_again

https://forums.moneysavingexpert.com/discussion/6661399/right-to-require-a-car-dealer-to-take-back-a-vehicle

Given the timeframe, no you can not insist that they take the car back.

MyRealNameToo

It's only in the first month that you can force them to take it back, after that it's only after a first repair fails that you can reject the vehicle. As has been noted, for vehicles it's only in that first month you get a full refund, after that they can reduce a refund to reflect the use received before the rejection.

The merchant should make sure they try to avoid you having undue inconvenience whilst its being repaired but the law isnt prescriptive enough to say what that means whilst yours is awaiting a part thats on back order. Certainly if they've given you a courtesy car its much harder to argue than if they havent

Jenni_D

^^^ is correct, but perhaps needs a little expansion. 🙂

(1) First month (30 days) you can reject the goods for a full refund* but the consumer is liable to prove that the fault exists and did at point of sale. (You can also allow them the opportunity to repair or replace)

(2) Then up to 6 months any fault is assumed to have existed at point of sale and it is for the seller to prove otherwise. The seller has the option to offer a repair, replacement or refund**, at their choice. If a repair is chosen and the goods again fail to conform to contract then the consumer can reject for a refund, or for a price reduction.

(3) After 6 months the consumer is liable to prove that the fault exists and did at the point of sale. If so proven (or accepted by the seller) then the same remedies as per (2) apply.

* the seller may be able to reduce the amount of refund to account for the mileage added to the vehicle. (I'm not 100% on this point)

** the seller definitely can reduce the amount of refund to account for the mileage added to the vehicle. This is where you'll almost certainly have a disagreement re. the amount of reduction.

PTP123

Condition when returning is also taken into account. If you've abused it, deductions will be made

Okell

https://forums.moneysavingexpert.com/discussion/comment/81938351#Comment_81938351

Whether or not the dealer can make a deduction for use when the consumer exercises the short-term right to reject has been discussed before.

Even the Motor Ombudsman (which is an industry body) says that no deduction can be made for use when the consumer exercises the short-term right to reject.

See What are a consumer’s legal rights when buying a car? - The Motor Ombudsman:

"Under the Consumer Rights Act 2015, you have a short term right to reject your car if it is of unsatisfactory quality, unfit for purpose or not as described. You can get a full refund. However, you should remember that this right is short-term and is only limited to 30 days from the date you bought your car." [My bold for emphasis.]

Other sources seem to support this view although I'm not 100% clear what the legal authority for it is:

Rejecting a car - your consumer rights | The Car Expert - "If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund."

Vehicle Rejection - Consumer Rights Act 2015 - McCay Legal - "Consumers have a short term right to reject a vehicle within 30 days if it has a defect that makes it unsatisfactory, unfit for purpose or not as described. If a valid rejection is made, the dealer must offer a full refund."

How to Legally Reject a Car in the UK: Your Rights Explained | Contend Legal - "You can legally reject a car if it is faulty or not as described at the time of purchase. The law gives you a short-term right to reject – typically within 30 days from the date you took ownership of the car. During this period, you can return the vehicle and claim a full refund if a fault is discovered"

What I'm not sure about with those sources is whether the "fault" has to be present at purchase or can just materialise within 30 days.

Jenni_D

Thanks - I did say I wasn't sure about the deduction part for the short term right. 🙂

As to whether the fault was there at purchase or developed within those 30 days .. as far as I know it doesn't matter - the goods have failed to conform to contract. (A car has no special status in this respect). That's why the burden of proof lies with the consumer to prove that the fault or the cause of the fault was present at purchase - same as for any purchase.

Okell

@born_again - yes of course, you are right.

I was confused because one of the links i gave said that the fault had to be present at purchase and not something that developed afterwards.

As you say, within 6 months it is presumed to have been present at purchase

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81939532#Comment_81939532

OP is not within 6 months

purchased the car new last April and returned it to the dealer over a month ago to investigate an issue with battery drain.