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First Right to Reject What are my rights?

alessandro
alessandro Posts: 73 Forumite
Part of the Furniture 10 Posts Name Dropper Combo Breaker

Good Afternoon lovely people

On 28th January 2026 I bought a new Suzuki Swift on finance with Suzuki. Shortly after it began acting oddly in terms of moving away and lag but I put it down to getting used to moving from Toyota Yaris to Suzuki.

Anyway it eventually got worse to the point of dangerous with the car trying to stop itself at speeds over 30mph and the car dragging itself into another lane with lane assist on rather than righting itself into the lane I am in (sometimes it did this when I was well within the line).

Anyway on 25th March 2026 I made the Suzuki dealership aware and arranged for them to pick up the car (I did not feel comfortable driving it the 20 or so miles over dual carriageways etc) on Thursday for their chance to repair it.

I have never dealt with right to reject before so had a few questions:

1)If they are unable to replicate the issue do I have to take the car back?
2)If they say they have fixed it and within the next couple of months the same issue happens do they get another right to repair?
3) The car is fine (bit dirty because of where it's parked but nothing bad and nothing a wash wouldn't cure) if the car is rejected can they charge me for valeting it
4)Am I entitled to any payments made towards the finance back and my deposit?
5)If the car is worth less than I paid for it (I think independently I was told it's worth 17k and the finance is for 19) can they charge me for the difference?

I am quite anxious about what to do or say if they say they can't replicate the fault and insist I take it back and/or then refuse to take it back if it happens again or if they try and charge me numerous fees (as I am unsure of my rights). I did try and look it up but it hurt my brain and I tend to do better on places like this.

Any help is so gratefully received :)

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Comments

  • Grumpy_chap
    Grumpy_chap Posts: 21,338 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    Did you buy a brand new car or a used car? Your post is not absolutely certain on that.

  • Goudy
    Goudy Posts: 2,556 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    edited 15 April at 8:43AM

    This sounds like an issue with the RBS and DSBS system Suzuki use.

    These system use a dual camera and radar set up which might be causing problems if it's picking up hazards that aren't actually proper hazards.

    My other half's Vitara uses a similar system (though I think the latest use the DSBS II system) and it would occasionally pick up objects it thought were a hazard, but weren't.

    One such occasion was a bridge over the road but the road crested just before it so it looked like the bridge ran across the road so it bleeped and started to slam the brakes on. We altered the near/far setting that helped a little but dealer looked at it when it went in for it's first service and updated the software, it's never been a problem since.

  • m0bov
    m0bov Posts: 2,793 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    It's down to them to prove the fault. But you can reject it as long as it's been reported within 30 days. Make sure your finance are aware

  • Okell
    Okell Posts: 3,860 Forumite
    1,000 Posts Third Anniversary Name Dropper

    @alessandro - You bought it on 28 January but only first raised it with the dealer on 25 March. Is that right?

    If that is the case then you have missed the 30 day short term-right to reject for a full refund. (Under that right you are immediately entitled to a full refund - the dealer could not make you opt for a repair. Bear in mind for the future).

    However , as you are still within 6 months of purchase there is a legal presumption under the Consumer Rights Act 2015 that the fault you are complaining about was present when you bought it - unless the dealer can prove otherwise (on the balance of probabilities).

    Under the legislation the dealer is only entitled to one opportunity either to repair or to replace the faulty goods. If the item fails again after that, you are entitled to refund, but the dealer can reduce your refund to reflect the use you have had of the vehicle. (Which could be a whole thread in itself).

    If it reaches that stage make it clear to both the dealer and the finance provider that you are exercising your final right to a refund under s24(5)(a) of the Consumer Rights Act 2015.

    If (or when) you reject the car stop using it. Unless you have agreed otherwise (check your sales contract) you don't have to return it - all you have to do is to make it available for the dealer to collect. See s20(7)(b).

    NB - the above assumes that your car has a fault sufficiently significant to reject it in the first place. ie that the car is not of "satisfactory quality" or is not fit for purpose or is not as advertised. That is up to you to argue with the dealer and/or finance provider. See sections 9, 10 and 11 of the Act linked to above

  • alessandro
    alessandro Posts: 73 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker

    Thank you for that.

    Update:

    They took the car today and said they could not replicate the fault and "multiple people" went out in the car and therefore if I reject the car they won't give me a refund.

    I told them that as they haven't been able to replicate it (which wasn't an impossibility as it's intermittent) that to my mind means it hasn't been fixed and therefore I want to reject the car. They insist I drive to them and show them (which again may not happen as it's intermittent) but that whether I reject it again now or if it happens again I have to go the 20 miles and show them otherwise I get no refund (other than the value of the car which is less than the finance)

    What are my rights here now they've tried to repair it? I felt really pushed and in truth dismissed by their attitude

  • PTP123
    PTP123 Posts: 91 Forumite
    10 Posts Name Dropper

    Why don't you just go out with them, replicate the fault, film the journey and take it from there.

    Sounds like they are willing to drive around with you until it happens.

  • paul_c123
    paul_c123 Posts: 1,073 Forumite
    1,000 Posts Fourth Anniversary Name Dropper

    They haven't tried to repair it yet. They've tried to confirm the fault.

    What you need to do now is get it independently inspected - which will cost money.

  • Okell
    Okell Posts: 3,860 Forumite
    1,000 Posts Third Anniversary Name Dropper

    It's still within 6 months of delivery so the OP doesn't "need" an independent report or inspection yet. They've got until 27 July before that is necessary.

    At the moment the best advice for the OP is probably to try to replicate the fault and to get it captured on camera. If the OP can do that then - until 27 July - the burden of proof is on the dealer to prove that the fault was not present at purchase.

  • paul_c123
    paul_c123 Posts: 1,073 Forumite
    1,000 Posts Fourth Anniversary Name Dropper

    Not really, they can't see the fault. The OP is saying there's a fault, the dealer is saying there isn't a fault. OP needs to prove there is a fault, and hasn't done so.

    You can't just reject if only one side thinks there is a fault, you need to both agree that there is a fault. If even that first hurdle isn't crossed, it can't move forwards. Hence the suggestion an independent party confirms the fault - for example an AA breakdown report, a different garage, ACE inspection, etc etc.

    I'm not saying the OP is lying, just that the dealer (in this case) won't refund based on no evidence (because they'll incur costs and the car is devalued - it will have more miles and another keeper on the logbook record, won't be cleaned ready for a forecourt, etc).

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