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MY RIGHTS TO REJECT A CAR
I bought a brand new, unregistered Audi S3 back in January. When I went to collect the car, it wouldn't start. After two weeks of technicians investigating the electrics, it was decided that they couldn't sell me the car, so I agreed to buy another S3 (same spec car, different colour). This S3 had electrical problems from day 1. I have been back and forth with the supplying dealer and my local dealer for 3 months. Neither wanted to take responsibility until Audi UK stepped in. I returned the car back to the supplying dealer on Monday and told them along with Audi UK that I wish to reject the car. Today, I received a call to say that a part had been ordered which 'should' rectify the issues. There are so many electrical faults that I doubt it can be repaired. I am aware that I am within my rights to reject the car, however, can the supplying dealer insist that I have it back?
Comments
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Once the seller has had one attempt either to repair or replace the car you are entitled to reject the car for a refund if it fails again. The seller cannot insist on a further repair or replacement unless you agree to it.
So you could have rejected the replacement car from day 1 if it showed electrical problems. You've already given the dealer more leeway than the law requires from you.
If you had rejected within 30 days of original delivery to you, you'd have been entitled to a full refund. As you are outside 30 days the dealer can reduce your refund for however much use you've had of the car.
Have you been able to use it?
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I reported the faults to the supplying dealer within 3 days of collection. They advised me to take it to my local Audi dealer for inspection as the supplying dealer is 4 hours from me. I had to wait 5 weeks for the car to be seen. During that time, I have been back to both dealers for guidance along with Volkswagen Financial Services. I can prove the car was faulty within 30 days and have kept documented proof of the faults and all communication made. Clearly, I should have looked into my rights sooner. Sadly, the supplying dealer never asked me to return the car to them until last week, even though I had asked previously.
Yes, the car is useable/driveable - the faults include lack of cockpit display, red/amber warning lights, air con fault….the list is endless.
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Extraordinary really that you would want this car so badly that you give the original dealer so much leeway.
If I'm in any way even a half-competent car dealer selling a brand-new £30k+ car, I reckon at a bare minimum I'd make sure that the thing starts. And then when it's dead it takes the dealer 2 weeks to decide that it's properly dead?
And you agreed to buy another car from them? And this one has immediate problems?
That's not getting further than the end of the street, should have been returned immediately and cash returned/finance cancelled, not driven around for another 5 weeks.
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I don't think they can insist you accept it back.
As the lobster says, you've been extremely generous here. I'd buy a different marque from elsewhere, it sounds like the dealer and Audi between them are unable to provide a working car, given two opportunities to do so.
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I didn't give the dealer 'so much leeway' intentionally, I simply wasn't aware of my rights. I also wasn't expecting the second car to be faulty. The selling dealer advised me to take it to my local dealer, maybe knowing it would take me out of my 30 day rejection window. Your reply isn't terribly helpful I have to say…..
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I think the point being made is that consumer rights aside, you've been treated pretty abysmally by the dealer. Selling you a brand new car worth c.£30k that wouldn't even start, then mucking you about for two weeks trying to find out why it wouldn't start, then replacing it with a car that would immediately fail an MOT because of red/amber warning lights and mucking you about for another three months, is pretty dreadful service and you've shown the patience of a saint to let it get that far. The trouble is, that patience has taken you outside the 30 days so a refund can be reduced.
One option is to be much tougher with the dealer. Return the car and insist on a full refund with no deductions on the basis they've basically exploited your reasonableness. See what they say. Better still, do so in person - politely of course - in their showroom when it's busy.
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So was this 2nd car a 2nd hand one ?
Given the take it to a local Audi dealer?
Life in the slow lane0 -
No, the second car was also brand new. It’s been to my local Audi dealer and it’s currently with the supplying dealer, 4 hours away.
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Not a great advert for a supposedly high-end marque. Two duds in succession. Years ago they would have been called Friday Afternoon Cars.
I quite fancied a Skoda Octavia or Superb when my current car dies, but the mechanic I've used for years said to avoid anything from the VAG group. In his garage's experience (admittedly a small sample) they have more trouble with those cars than the other marques.
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I think we can still call them Friday afternoon cars! I’ve well and truly had my fingers burnt. I have to hope that Audi UK take my side and insist that the supplying dealer gives me a refund. Next time, I’ll buy local.
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