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  • FIRST POST
    • MarkOK
    • By MarkOK 13th Apr 18, 11:05 AM
    • 3Posts
    • 0Thanks
    MarkOK
    Returning a new car
    • #1
    • 13th Apr 18, 11:05 AM
    Returning a new car 13th Apr 18 at 11:05 AM
    I recently bought a new car from a dealer in Glasgow. The car was sold to me without the ability to use 5th or 6th Gear which I only discovered on the drive home.
    The dealer then took two weeks to fix the issue. When I sad I wanted a replacement vehicle the dealer stopped responding to all my communications (phone/email/ recorded delivery). They even ignored instructions from the manufacturer to contact me. I now want to return the car for a full refund. What are my rights. The car was purchased using the manufacturers finance and the deposit was paid with a Credit card. What are my rights to return the vehicle for a full refund under the Consumer Rights Act 2015 and section 75. I have been told I have no right to return the vehicle as the dealer fixed the fault.
    Last edited by MarkOK; 13-04-2018 at 11:07 AM.
Page 1
    • cono1717
    • By cono1717 13th Apr 18, 11:14 AM
    • 696 Posts
    • 492 Thanks
    cono1717
    • #2
    • 13th Apr 18, 11:14 AM
    • #2
    • 13th Apr 18, 11:14 AM
    How recently is recently? You may still be able to reject it in the first 30 days.
    • bigisi
    • By bigisi 13th Apr 18, 11:15 AM
    • 303 Posts
    • 524 Thanks
    bigisi
    • #3
    • 13th Apr 18, 11:15 AM
    • #3
    • 13th Apr 18, 11:15 AM
    If it's now fixed you've got the car you originally wanted? What has changed?
    • MarkOK
    • By MarkOK 13th Apr 18, 11:28 AM
    • 3 Posts
    • 0 Thanks
    MarkOK
    • #4
    • 13th Apr 18, 11:28 AM
    • #4
    • 13th Apr 18, 11:28 AM
    The car was bought on the 12th March an the dealer had it for repair between the 13th and the 24th of March. My problem with the car is that it left the factory with a broken Gear box proving that proper quality assurance was not done on the car. I don't know if I am driving a death trap. The dealer told me that they would carry out a full inspection of the car which they didn't do. I was forced to collect the car from the service department when they told me they were removing the insurance from the courtesy car I was driving and had no other means of transport.
    • neilmcl
    • By neilmcl 13th Apr 18, 11:53 AM
    • 11,454 Posts
    • 8,238 Thanks
    neilmcl
    • #5
    • 13th Apr 18, 11:53 AM
    • #5
    • 13th Apr 18, 11:53 AM
    The car has been fixed, possibly by replacing the gear box, it's as good as new. The time to reject the car was BEFORE they repaired it. Too late now unless of course it breaks down again.
    • Gary123456790
    • By Gary123456790 13th Apr 18, 11:59 AM
    • 528 Posts
    • 344 Thanks
    Gary123456790
    • #6
    • 13th Apr 18, 11:59 AM
    • #6
    • 13th Apr 18, 11:59 AM
    Cars are very hard to return - dealers will often opt to repair and this inevitably causes time and inconvenience. A faulty gearbox does not necessarily mean that it is now a deathtrap although I appreciate your confidence in the vehicle will be dented.

    If you had an ongoing issue then you might have a case to return, but if it has been fixed then I think you will struggle. I once saw a new car being returned on an episode of "Don't get done get Dom" - in this case the engine management light kept coming on, and the dealer had numerous attempts at fixing it, so the issue was unresolved and the dealer advised that the car should not be driven as it may damage the engine, so there it was an unresolved fault and the customer could not use the vehicle. Dom in this case forced the manufacturer to accept the return, but it was not easy even then - I suspect the "TV effect" helpded.

    If it is over 30 days since purchase and the vehicle has now been fixed then i'd say your rights are limited as the issue has been resolved and you've got what you paid for. You could of course complain to the manufacturer, they may offer some kind of compensation or reduce cost for work ongoing due to inconvenience.

    Thanks.
    • MarkOK
    • By MarkOK 13th Apr 18, 11:59 AM
    • 3 Posts
    • 0 Thanks
    MarkOK
    • #7
    • 13th Apr 18, 11:59 AM
    • #7
    • 13th Apr 18, 11:59 AM
    Do I have any different protection under Section 75 as the deposit was paid with a credit card and I was supplied with faulty goods?
    • agrinnall
    • By agrinnall 13th Apr 18, 12:06 PM
    • 20,709 Posts
    • 16,548 Thanks
    agrinnall
    • #8
    • 13th Apr 18, 12:06 PM
    • #8
    • 13th Apr 18, 12:06 PM
    Do I have any different protection under Section 75 as the deposit was paid with a credit card and I was supplied with faulty goods?
    Originally posted by MarkOK
    You were supplied with faulty goods, yes, but the fault has now been fixed. I don't see that you have a claim against anyone unless more faults emerge. As stated, you should have rejected before allowing a repair to be made.
    • neilmcl
    • By neilmcl 13th Apr 18, 12:19 PM
    • 11,454 Posts
    • 8,238 Thanks
    neilmcl
    • #9
    • 13th Apr 18, 12:19 PM
    • #9
    • 13th Apr 18, 12:19 PM
    Do I have any different protection under Section 75 as the deposit was paid with a credit card and I was supplied with faulty goods?
    Originally posted by MarkOK
    No, because the fault has now been remedied.
    • arcon5
    • By arcon5 13th Apr 18, 12:43 PM
    • 13,623 Posts
    • 8,641 Thanks
    arcon5
    You accepted a repair. They have fulfilled their obligations now they have fixed the fault.

    You have no rights to now reject a perfectly good car.
    • bris
    • By bris 13th Apr 18, 1:43 PM
    • 7,801 Posts
    • 6,783 Thanks
    bris
    Bottom line, you let them fix the car, you can no longer reject it.


    You should have rejected it without hesitation, this is where you went wrong
    • Keep pedalling
    • By Keep pedalling 13th Apr 18, 6:56 PM
    • 5,291 Posts
    • 5,912 Thanks
    Keep pedalling
    It is a vast leap from faulty gearbox to deathtrap. No modern car is going to fall into the latter category.
    Last edited by Keep pedalling; 13-04-2018 at 7:52 PM.
    • foxtrotoscar
    • By foxtrotoscar 13th Apr 18, 7:39 PM
    • 1,084 Posts
    • 1,672 Thanks
    foxtrotoscar
    Continuing to use the vehicle will not help your case for rejecting it.
    • sheramber
    • By sheramber 13th Apr 18, 8:11 PM
    • 4,981 Posts
    • 3,722 Thanks
    sheramber
    As you bought the car with the manufacturer's finance they own the car and it would have to be them who rejected the car.

    A few years ago my husband collected a new car, drove it home and when he tried to put it into gear to reverse on to our drive the gear lever came out in his hand.

    He was intending to drive 300 miles the next day.

    One of the owners of the garage lived in our town so called in on his way home and fixed it.

    We never had any further trouble with the car.
    • neilmcl
    • By neilmcl 13th Apr 18, 8:56 PM
    • 11,454 Posts
    • 8,238 Thanks
    neilmcl
    Continuing to use the vehicle will not help your case for rejecting it.
    Originally posted by foxtrotoscar
    Have you not read the thread, the car's been fixed, rejecting the car doesn't come into it now.
    • foxtrotoscar
    • By foxtrotoscar 13th Apr 18, 9:42 PM
    • 1,084 Posts
    • 1,672 Thanks
    foxtrotoscar
    Have you not read the thread, the car's been fixed, rejecting the car doesn't come into it now.
    Originally posted by neilmcl
    Yes I've read the thread and the OP despite the car being fixed still wants to reject it, that's the point. They continue to use it...which may deem acceptance
    • neilmcl
    • By neilmcl 13th Apr 18, 10:48 PM
    • 11,454 Posts
    • 8,238 Thanks
    neilmcl
    Yes I've read the thread and the OP despite the car being fixed still wants to reject it, that's the point. They continue to use it...which may deem acceptance
    Originally posted by foxtrotoscar
    And as we've already explained the car has now been repaired so talk of rejecting the vehicle is irrelevant.
    • eschaton
    • By eschaton 14th Apr 18, 8:49 AM
    • 1,785 Posts
    • 1,571 Thanks
    eschaton
    I recently bought a new car from a dealer in Glasgow. The car was sold to me without the ability to use 5th or 6th Gear which I only discovered on the drive home.
    The dealer then took two weeks to fix the issue. When I sad I wanted a replacement vehicle the dealer stopped responding to all my communications (phone/email/ recorded delivery). They even ignored instructions from the manufacturer to contact me. I now want to return the car for a full refund. What are my rights. The car was purchased using the manufacturers finance and the deposit was paid with a Credit card. What are my rights to return the vehicle for a full refund under the Consumer Rights Act 2015 and section 75. I have been told I have no right to return the vehicle as the dealer fixed the fault.
    Originally posted by MarkOK
    You missed the boat when the car was repaired but I don't see the issue now that the car is working as it should.

    I successfully rejected a car in 2002, but I rejected it after 4, 9 and 23 day holidays to the dealer with all issues not resolved. They were also told in advance of the 23 day holiday ending that the car would be rejected if not fixed 100%.
    • dld2s
    • By dld2s 21st Apr 18, 11:52 AM
    • 402 Posts
    • 217 Thanks
    dld2s
    It is a vast leap from faulty gearbox to deathtrap. No modern car is going to fall into the latter category.
    Originally posted by Keep pedalling
    Really! Quite a lot of cars and models have been recalled because of dangerous faults, in fatc there is quite a famous one in the states involving a airbag killed some 10 to 15 folk I think it was? not saying that the car op has that sort of problem, just think you are optimistic thinking no modern car can be a deathtrap
    • sheramber
    • By sheramber 21st Apr 18, 3:13 PM
    • 4,981 Posts
    • 3,722 Thanks
    sheramber
    I read that as a faulty gearbox leading to a deathtrap. Nothing to do with airbags.
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