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MY RIGHTS TO REJECT A CAR

2

Comments

  • sheramber
    sheramber Posts: 25,365
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
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    edited 23 May at 1:36PM

    I have had three Fabia’s since 2011 with no problems.

    My son bought a Škoda two years ago and has not had any problems.

  • Time2Go_25
    Time2Go_25 Posts: 1,059
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
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    Maybe I'm less fussy than others about some features etc. of a car, but there's no way I'd be buying a car from somewhere 4 hours away.

  • GavCB
    GavCB Posts: 43
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    then you're lucky that you're not me…….helpless comment!

  • Jenni_D
    Jenni_D Posts: 5,645
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    The point being made was that buying from further away makes things more difficult if things go wrong. Something to bear in mind as a lesson learned. 🙂

    Can you give exact dates in relation to Car 2 please? (Car 1 was a separate transaction as far as I am aware, so the dates for that are probably irrelevant):

    Bought on Date A
    Collected/delivered on Date B
    Fault noticed on Date C
    Informed dealer on Date D
    Car returned as "fixed" on Date E
    Car failed again on Date F

    (Adjust the above to fit your exact circumstances). My reason for asking is that your right to reject without them being able to reduce the refund might still be in play - or at least possibly argued that way.

    As others have said though, them insisting that you can't reject the car is waaaaaay off the mark and they're trying to deny you your consumer rights (which is a criminal act, I believe).

    Jenni x
  • A_Geordie
    A_Geordie Posts: 563
    500 Posts Fourth Anniversary Name Dropper
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    edited 21 May at 9:26AM

    Just want to point out a slight caveat to what you've said here, when a consumer discovers a fault within the first 30 days, and then opts for a repair/replacement instead of exercising their short term right to reject, the 30 day window is paused until the repair or replacement is carried out and the consumer receives the goods back (this is the "waiting period").

    After receiving the repaired/replaced goods, the consumer will then either have the option:

    1. if the original remaining 30 day time limit was less than 7 days, then the consumer will have 7 days to exercise the short term right to reject or
    2. If the remaining time limit was more than 7 days, they would have whatever the remaining time limit was left to exercise their short term right to reject.

    Section 22 of the CRA confirms this, particularly sub-sections (6)-(8).

    The key question for the OP is whether they indicated they wanted the new Audi to be repaired/replaced within the first 30 days. If the answer is yes, then they would still be within the "waiting period" although now the OP has rejected the car, the question is whether it was reasonable for the car to be rejected on whatever grounds were given or if they had a right to reject in the first place in lieu of a repair/replacement.

  • GavCB
    GavCB Posts: 43
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    The supplying dealer was the ONLY dealer in the UK to have the S3 in a particular colour (district green) hence not having the option to buy locally. I agreed to buy the second S3 on 21st January (from the same dealer) and collected it on the 24th January. I advised the dealer of the electrical faults on the Feb 3rd and they advised me to take it to my local Audi dealer. I had to wait 6 weeks for the local dealer to see the car (and by then, I was out of my 30 day rejection period). My local dealer had the car on March 26th. The car wasn't repaired and the faults (plus others) continued. I returned the car back to the supplying dealer on Monday 18th May. They haven't as yet, been able to fix it. I have been in constant communication with both Audi dealers, VWFS and Audi UK for the past 3 months. Sadly, I was unaware of my rights to reject the car within 30 days or I would have done.

  • born_again
    born_again Posts: 25,196
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    As you highlighted the issue within 30 days the clock stops. The fact they could not deal with for 6 weeks (norm with car dealers now) makes no difference.

    Life in the slow lane
  • GavCB
    GavCB Posts: 43
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    At the time, I wasn't aware that I had rights to reject the car, if I knew, then I would have done so. I was advised by the supplying dealer to take the car to my local dealer for inspection/repair, there was no suggestion of rejection. The local dealer couldn't repair the faults. Without knowing my options sooner, I informed the lender (VWFS) on the 13th April that I wanted to reject the car and informed the supplying dealer of the same. It was only confirmed to me about a week ago, that the decision to reject the car would be made by Audi UK and not VWFS. Having now made enquiries with the motor ombudsman, I am of the understanding that by informing the supplying dealer within 30 days of the faults, I should still be able to reject the car. Am I wrong?

  • A_Geordie
    A_Geordie Posts: 563
    500 Posts Fourth Anniversary Name Dropper
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    Is the car on finance like a PCP or hire purchase agreement, because that can change everything.

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