Rejection Of New Car

[glenn350sl]

I ordered a new mini from a mini dealer in Swindon, the car was delivered to me in Hornchurch on Tuesday 3rd May. After looking at the leather seats I pointed out to the salesgirl that the leather on both front and rear seats was very baggy and badly fitted. I told the dealer that I was not prepared to accept the car.They took the car back and informed me that they would fit a new set of seats. I recieved a telephone call from the sales manager this morning stating that the new interior had arrived from BMW and would be fitted this afternoon ready for delivery tomorrow, 6th May. I recieved a call at 6 o 'clock this evening from the sales girl stating that although the new interior had been fitted, it was as bad as the original. I told the sales girl that this was completely unacceptable and as I had given them the opportunity to make matters right I was rejecting the car and would require a refund of my money. How do I stand from a legal point of view?

[stubydoo]

I believe from a legal point of view, you have the right to a full refund of your money paid, or certainly a replacement vehicle, the dealer incurring any costs involved through not being able to fulfil the contract with you.
Not 100 per cent on this but I'm sure someone will soon correct me...........

[Boosted LS1]

Doesn't seem like enough to reject the car imho. They are clearly prepared to rectify the seats for you. With new seats it should be fine so you get a good car and maybe a tank of fuel if you try hard enough!

Boosted.

[glenn350sl]

I have given them the chance to put things right and they have failed, how many chances do I need to give?

[ywouldi]

I thought it was generally 3 chances?

[autismuk]

I believe if the car is not "as new" - and they have acknowledged this by putting in new seats, that your contract with them to purchase a new car is voided if you wish. *Don't* let them "fix" it.

You are sure (I don't know) that they aren't supposed to be like that ?

[bryan35]

it's good to buy a car on car finance
Rates are low (prob lower than your offset mortgage if you haggle) and the car remains the property of the finance company until you settle up.
YOu just tell the finance company that you're rejecting it and that's that.

[wanty1974]

glenn350sl said:

I have given them the chance to put things right and they have failed, how many chances do I need to give?

The answer is that in a situation like this where they are obviously trying to sort out the problem you have to set in stone what you expect.

I would get in writing that you are unsatisfied, give them one more chance to correct it by XX date or you will reject the car in full. Also suggest that you will consider persuing them for loss of use of the car and other associated expenses.

In other words, don't pi55 on them yet, but let them know officially you will unless they get it sorted.

[Dhyana]

Have you paid in full?

[kevinday]

IIRC if you give them the chance to rectify the problem you may forfit the right to reject the car totally at a later date.

[mcflurry]

A couple of www sites for you to peruse:

www.consumerdirect.gov.uk/

www.dti.gov.uk/ccp/topics1/facts/cars.htm

HTH

[kevinday]

kevinday said:

IIRC if you give them the chance to rectify the problem you may forfit the right to reject the car totally at a later date.

It looks like I should correct myself!

The Sale and Supply of Goods to Consumers Regulations of 2003 appear to have changed this. When you ordered the car did you look at a demonstrator or other sample? If so, were the seats like yours or different (assuming both leather)? If the same I would suspect you will not be able to do anything, if vastly different then the goods supplied do not conform to the sample shown, potential for rejection exists.