New (to me) car issues - right to reject within 30 days

marcia_

https://forums.moneysavingexpert.com/discussion/comment/82061816#Comment_82061816

still says the same as the advice given

TooManyPoints

Called them who stated I needed to get a quote etc…

A quote for what?

A quote for what?

You have no need to get involved with the warranty people. Your claim is against the dealer. Do not get involved in any attempts at repair. Although this suspends the 30 day period (for one attempt only), it starts to get messy once you allow that. In any case that’s not what you want and in the first 30 days the ball is firmly in your court.

The car must be “fit for purpose.” One which shows an engine system fault on the dashboard and a huge loss of power in less than two weeks clearly isn’t. It is that failure (to comply with the Consumer Rights Act) on which you should focus, The evidence for that is quite clear – the engine system fault and the loss of power. That should not be difficult to evidence. The dealer can come round and see for himself if necessary..

If not already done, make sure you put your rejection, including the reasons for doing so, in writing to the dealer. I would also be wary of relinquishing custody of the car until you have it in writing what the dealer agrees to and intends to do (or even more preferably, until you receive a refund). There are tales of cars being taken away by dealers “for diagnostics” and being retained for months without any settlement,

Alderbank

I suspect that the 'huge loss of power' is actually the car going into limp mode.

Neither the EMS warning light nor limp mode are in themselves 'faults'. They are doing what they are supposed to do. The underlying fault could be, and often is, relatively minor and a quick fix such as a failed lambda sensor or clogged dpf.

I also suspect that asking for a third party 'quote etc' was probably asking the OP to take the car to a local garage for a diagnosis of the fault and a quote for fixing it. If so that sounds reasonable to me.

I agree with the OP being proactive by asking to reject at this stage. However they only gain the short term right to reject if the vehicle if it does have one or more significant faults, which means faults which cannot be easily and quickly fixed by the trader. A proper diagnosis is needed to establish that.

Mildly_Miffed

Agree with @Alderbank

All you know is that there's a fault code and it's in limp. That could be a myriad of things. Get the fault codes read.

It might simply be that it's been used a bit after sitting around for a while. The ECU thinks something's had a little lie-down, and it's chucked a code. Clear those codes, and it MIGHT come back… or it might never do. Or it might be a cheap and easy sensor or hose or something needs replacing.

Rejecting just because of an EML is overkill.

MeteredOut

https://forums.moneysavingexpert.com/discussion/comment/82061792#Comment_82061792

Based on the ratio of words to value provided, I vote this as being in the top 10 of least helpful posts ever seen on these boards.

Vitor

Bank transfer means you will not have Section 75 or card chargeback protection, unfortunately. But it does not weaken your statutory rights against the dealer.

I would keep this away from the warranty company. The warranty is separate from your Consumer Rights Act rights. If you are within 30 days and want to reject, write to the dealer clearly saying that you are exercising your short-term right to reject under the Consumer Rights Act 2015, because the car has developed an engine system fault and major loss of power within two weeks of purchase.

I would not authorise repairs or get drawn into the warranty process unless you decide to abandon rejection and accept a repair. Keep the car parked, take photos/video of the warning light and mileage, and keep all messages in writing.

The dealer cannot simply say they “reject the rejection” because they would prefer to look at a quote or repair it. They can dispute whether the car is actually faulty or whether the fault was caused after purchase, so you may need a diagnostic report if they dig in. But the response should still be to the dealer, not the warranty company.

If they refuse to engage, send a formal letter before action giving them a clear deadline to arrange collection and refund. After that, county court small claim if necessary. Also contact Citizens Advice so the matter can be logged with Trading Standards.

TooManyPoints

However they only gain the short term right to reject if the vehicle if it does have one or more significant faults, which means faults which cannot be easily and quickly fixed by the trader.

Are you sure about that?

A car behaving as described cannot be driven. So however serious or trivial the problem is, he car is not fit for purpose. The law says it must be "fit for purpose", full stop. Not "fit for purpose provided some repairs (however trivial) are carried out"

.Agreeing to repairs only stops the 30 day clock. It does not replace it with a fresh clock when the repairs have been effected.

This means the buyer has a shortened period in which to reject the now supposedly compliant goods. If the fault is of a type that may recur and it has not been properly addressed, this OP will then have only two weeks to exercise his right, After that he is into the six month rejection routine which is a completely different ball game.

He is already without a car and if he agrees to repairs he will be without it until the dealer gets round to either repairing it or having it repaired. There is no need for the dealer to treat this with any urgency. It makes no difference to him whether he takes a day or a year.

Avoidance of consumers being placed in this position is precisely why the CRA has this provision. There is no reason why he should be disadvantaged in this way any longer than necessary when the car he bought in good faith can no longer be driven, such a short time after purchase..

kassy64

As others have said, loss of power is probably car going in to 'limp mode' to protect itself, and the actual fault 'could' be a simple fix, or it could be something more serious. Get the codes read and take it from there.

TooManyPoints

Get the codes read and take it from there.

I disagree. Reject the car. It's not fit for purpose, It cannot (or should not) be driven.

The dealer can sod about getting codes or whatever after he's provided a refund and taken it back.

Bandy2023

I rejected an MG4 when it repeatedly went into some sort of restriced speed / power mode, meaning foot to the floor it would only do various speeds fom 58mph to 71mph.

It was replicated by the dealer, they tried and tried to fix it ( and gave me a loan car for months on end )

In the end I just sent an email to MG finance and the dealer saying enough was enough, delivered the V5 and the spare key back to the dealer ( they already had the car ) and that was that.

They charged me a nominal sum ( £200 ) for mileage I had done in the car, but apart from that I got every single penny back. Deposit and all payments.

Not once did I have to robotically quote my rights on any correspondence - they knew.