My right to a refund on faulty car before 6 months

Lizben2911

I bought a 3 year old VW T Cross from a Nissan dealership on 20th December 2025. Paid cash. On day 32 car developed an electrical fault. I took it straight back to Nissan who recommended that VW diagnosed and repaid it as same Marshall group and next door to each other.
VW found a fault and repaired it under the 90 day warranty.
on May 9th the exact same fault occurred. I went back to VW to explain what had happened and they said if it’s the same fault they will cover the cost but if it’s a new one then I will have to.
I went back to Nissan to say that I am certain it’s the same fault, explained what VW had said and were they prepared to take on the cost? They basically said no.
Under the CRA I have given them one opportunity to fix the car and as it’s either the same fault, which I think it is or even a new one within 6 months I have the right to reject the car as it’s faulty I believe.
I have told Nissan that under the CRA I want to return the car for a refund. I have laid out everything in emails to them already so they have the timeline.
Their response is to get the car in for diagnostics. But is this just delaying tactics? Whether it’s the original issue or a new one don’t they have to give me the refund? My instinct is to reiterate the CRA as car is not fit for purpose if it breaks down due to an electrical fault and I have no confidence in this 3 year old cars reliability.
please can you advise me about whether I have to allow them to do further diagnostics on the car or can insist that it isn’t fit for purpose, fault/s deemed to have been there when I bought it as under 6 months, plus they’ve had one attempt at fixing it and within my rights for refund. Thanks.

Baldytyke88

https://forums.moneysavingexpert.com/discussion/6670311/my-right-to-a-refund-on-faulty-car-before-6-months

You haven't told us what the fault is?

Grumpy_chap

What is the fault?

What is the root cause of the fault?

Not every fault is grounds to reject.

If the car is returned, a deduction can be made for the beneficial use you have had from the car.

Lizben2911

Sorry. Yes.
The fault is that the EPC warning light comes on saying there is a fault, the lane assist stops working, the car loses all power and I have to pull over to stop. Switch off the engine and restart and the fault isn’t showing and car has power back.
When it went into VW for diagnostics and repair they said they replaced evap canister and N80 pipe as causing EML to illuminate for incorrect purge flow.
Exactly the same thing happened again in May. My conclusion is that either they didn’t find the correct people and fix it first time or the fix has failed.
I hope that helps.

Jenni_D

If the fault is of sufficient severity that it causes the car to lose power, and you're experiencing the exact same symptoms again, then whether or not it is the same cause is irrelevant (IMHO - the fault is severe enough that the car would fail an MOT, thus it would be classed as unroadworthy) .. your understanding of the CRA is correct - they've had their single repair attempt thus you're within your rights to exercise your Final Right To Reject per CRA s24. You do not have to allow them any further repair attempts. However I believe you must also stop driving the car, and return it to them with all keys etc. (Although I get the impression that they already have it anyway?)

How did you pay for the car?

Lizben2911

I paid cash for it.

Jenni_D

https://forums.moneysavingexpert.com/discussion/comment/82016891#Comment_82016891

That means you only have the seller you can pursue. (If you'd paid for it via credit - even a small deposit on a credit card - and assuming the amount was under £30k, you would have had the option of a Section 75 claim against the credit provider .. S75 makes a credit provider jointly and severally liable for the performance of a contract for which that credit was used).

webmasterpolo

An interesting case. Please let us know the outcome, best of luck.