Right to Reject

jimbo2108

https://forums.moneysavingexpert.com/discussion/comment/82082598#Comment_82082598

Thank you. The issue i'm trying to figure out is that we are past the 30days? Does the consumer act 'pause' once the dealership takes possession of the vehicle?

MasterG83

Irrelevant now as they have had a chance to fix it, twice, and failed. Do what is suggested above and physically reject the car.

jimbo2108

https://forums.moneysavingexpert.com/discussion/comment/82082743#Comment_82082743

Thank you, I will keep you all updated on what happens.

TooManyPoints

Does the consumer act 'pause' once the dealership takes possession of the vehicle?

Yes it does:

22 Time limit for short-term right to reject

(3) The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after…[essentially, ownership has been transferred]

Subsection 4 applies to perishable goods.

(6) If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(8) The waiting period—

(a) begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

(b) ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

You had the car from 17th June to 10th July (23 days) and one day more after the car was allegedly fixed and before you formally rejected the car.

They’ve had their one chance at completing repairs and failed to do so. You should exercise your right to reject the car.

jimbo2108

I have had an update from the aftersales.

Apparently I signed a document saying I agree to repairs - cant remember this, I only signed a document booking my vehicle in. With this they have said that since I have agreed to repair my car can't be rejected as they haven't completed the repair yet (tried to give the car back on 2/3 attempts so this comment is false). They will not honor the consumer rights act, eventhough they are stating they are working within this act.

I spoke to citizens advice and they have advised me to send a letter before court action. Since they have had the car for 18 days does this mean I can assume the repairs won't be complete.

paul_c123

You can't (in law) sign away your rights. You have the right to reject the car if it is faulty. (If it was faulty, then they fix it, you can no longer reject it unless the fault reappears).

Unfortunately a lot of dealers will ignore the letter of the law and try to coerce consumers into their interpretation of it, or stick their head in the sand on issues. So you need to be prepared to take appropriate legal steps, eg LBA then legal action.

TooManyPoints

You may have agreed to repairs, but they only get one shot at it. They told you on 23rd July it was ready to pick up (by which you are entitled to assume it was fixed). It wasn't.

You formally rejected the car the following day so you should stick to that. They don't get limitless numbers of attempts to fix the fault(s).

I think the learning point here is do not agree to repairs if you want to reject a car within the 30 day limit. As above, many dealers seem to believe that as soon as you do that, they can take as long as they like and any number of attempts to fix faults.

Mildly_Miffed

Get that courtesy car back, the spare key to "your" car and all paperwork with it - and a LBA specifying a fortnight.

Then, the second that fortnight expires with no money forthcoming… Court action launched…

jimbo2108

I am going to be taking everything down on Saturday as I don't have time in the week due to work. I will also be issuing them with the LBA as specified and advised above.

angrycrow

There is an article gone up on BBC news England this morning about Trade Centre UK selling faulty cars and allegedly trying to avoid their obligations. Not sure if forum rules permit posting the link but worth a read for OP so they know what to expect.