Right To Reject 6 months - does dealer have to collect it?

[impreza280]

I purchased an approved used Jaguar 5 months ago from a Jaguar dealer 200 miles away. Within the 30 days it developed a slight vibration and I got my local dealer to look at it (though reported it to the supplying dealer). My local dealer has failed to resolve it after 4 months and 3 attempts (a new rear tyre, 2 more new rear tyres, and a differential) all under warranty. I've now taken it to another dealer and they've referred it to the Jaguar technical team. I've kept the supplying dealer informed throughout.

Time is running out before I get to 6 months and I might have to go down the Right to Reject route, which means that the supplying dealer has one attempt to fix it or replace or refund (less wear & tear and a price adjustment for mileage).

My question is, under the Consumer Rights Act 2015, can I insist that the dealer collects the car?

[rix]

Ianal but would expect not, unless maybe the deal was inclusive of delivery to you, i.e. a 'supplied' price??

[paul_c123]

In theory yes. CRA2015 20 (7) (b)

[Inbox]

If you bought it in person then I believe it should go back the same way, the question in the CRA is whether collecting a car that is 200 miles away is reasonable for the dealer?

I'm sure they would arrange collection at your cost but I think it isn't the dealers fault you purchased a car that was 200 miles away so expecting them to collect from such a distance falls into unreasonable in my view.

If the car was local to them I would think that would be reasonable.

Edited by Inbox on Wednesday 6th August 20:16

[BertBert]

Why does the supplying dealer get another go?

[mcpoot]

Inbox said:

If you bought it in person then I believe it should go back the same way, the question in the CRA is whether collecting a car that is 200 miles away is reasonable for the dealer?

I'm sure they would arrange collection at your cost but I think it isn't the dealers fault you purchased a car that was 200 miles away so expecting them to collect from such a distance falls into unreasonable in my view.

If the car was local to them I would think that would be reasonable.

Edited by Inbox on Wednesday 6th August 20:16

Please show me where in CRA2015 it says anything about what is reasonable?

[Inbox]

mcpoot said:

Inbox said:

If you bought it in person then I believe it should go back the same way, the question in the CRA is whether collecting a car that is 200 miles away is reasonable for the dealer?

I'm sure they would arrange collection at your cost but I think it isn't the dealers fault you purchased a car that was 200 miles away so expecting them to collect from such a distance falls into unreasonable in my view.

If the car was local to them I would think that would be reasonable.

Edited by Inbox on Wednesday 6th August 20:16

Please show me where in CRA2015 it says anything about what is reasonable?

20 (8).

[KTMsm]

It's generally the terms and conditions that you signed when you bought the car

If it was delivered and you didn't sign any dealer terms and conditions then they're on a sticky wicket

If it was collected then you must return it

[E-bmw]

KTMsm said:

It's generally the terms and conditions that you signed when you bought the car

If it was delivered and you didn't sign any dealer terms and conditions then they're on a sticky wicket

If it was collected then you must return it

IANAL but I would go with this one with one caveat.

Is the vehicle safe to drive?

[impreza280]

Thanks all for your replies.In answer to your various points and the conclusion I have formed ...

1. It is driveable - "just" a vibration above 50mph that is proving impossible to fix so far

2a. CRA 20 7 (b) "the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed"
2b. CRA 20 8 "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them
2c. Clause 8 effectively overwrites clause 7 - it's my cost to get it back to the dealer

In summary, after over 5 months of owning over £60k of Jaguar that had 9k miles on it:
3. Terrible service from Jaguar Assist (aka the AA) - 27 hours to get home on the journey when I collected the car after a front puncture after 40 miles.
4. My local Jaguar dealer can't fix it after 3 goes but gives it back to me anyway saying it's fixed
5. As it was an ex-JLR car, I wonder if it was an Experience Day car?
6. The 10 year old Boxster that I also bought 5 months ago hasn't missed a beat
7. Jaguar may or may not survive, but if it doesn't, it will be due to customer service rather than their new model strategy

[impreza280]

BertBert said:

Why does the supplying dealer get another go?

that's how the Consumer Rights Act works - the supplying dealer gets 1 attempt to fix it

[MustangGT]

impreza280 said:

I purchased an approved used Jaguar 5 months ago from a Jaguar dealer 200 miles away. Within the 30 days it developed a slight vibration and I got my local dealer to look at it (though reported it to the supplying dealer). My local dealer has failed to resolve it after 4 months and 3 attempts (a new rear tyre, 2 more new rear tyres, and a differential) all under warranty. I've now taken it to another dealer and they've referred it to the Jaguar technical team. I've kept the supplying dealer informed throughout.

Time is running out before I get to 6 months and I might have to go down the Right to Reject route, which means that the supplying dealer has one attempt to fix it or replace or refund (less wear & tear and a price adjustment for mileage).

My question is, under the Consumer Rights Act 2015, can I insist that the dealer collects the car?

The question is did they deliver the car to you or not?

If you collected, then you need to return it. If they delivered it then becomes a question of reasonableness.

[paul_c123]

impreza280 said:

Thanks all for your replies.In answer to your various points and the conclusion I have formed ...

1. It is driveable - "just" a vibration above 50mph that is proving impossible to fix so far

2a. CRA 20 7 (b) "the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed"
2b. CRA 20 8 "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them
2c. Clause 8 effectively overwrites clause 7 - it's my cost to get it back to the dealer

My understanding is, you don't HAVE to get it delivered back to the dealer (if you picked it up from the dealer), all you HAVE to do is make it available for collection. But clause 8 means, you could be charged for collection (or it taken off the refund price) if they did it. If they delivered it to your home (some new cars include delivery to home) then they can't charge you.

[paul_c123]

impreza280 said:

that's how the Consumer Rights Act works - the supplying dealer gets 1 attempt to fix it

You actually have a short term right to reject, if the fault occurred within 30 days and it was reported properly within that timeframe. Many people still want to keep the car so they forego this and give them a chance to fix it.

The dealership has the right to inspect the car, so the start of the process is it goes back to them, you can't just invent something or tell them of something (even if its true) and they collect it sight unseen.

[Inbox]

paul_c123 said:

impreza280 said:

that's how the Consumer Rights Act works - the supplying dealer gets 1 attempt to fix it

You actually have a short term right to reject, if the fault occurred within 30 days and it was reported properly within that timeframe. Many people still want to keep the car so they forego this and give them a chance to fix it.

The dealership has the right to inspect the car, so the start of the process is it goes back to them, you can't just invent something or tell them of something (even if its true) and they collect it sight unseen.

The short term right to reject is rather useless if you have traded in your previous car and you would be left with no transport and a promise the cheque is in the post.

Under these circumstances it is hardly a surprise most people want the car they bought fixed and kept mobile in the meantime.

[Nezquick]

Sounds like an odd, easily fixable problem surely?
Have they tried a new alloy wheel/s?
What about new brake disc/s?
Have they checked the caliper/s are not sticking?
Anyone checked the wheel bearings etc?
Has it had a full alignment?

Very annoying problem to have - I had similar on a BMW M240i and no amount of balancing would solve it. Turned out to be the brake disc.

[paul_c123]

Inbox said:

The short term right to reject is rather useless if you have traded in your previous car and you would be left with no transport and a promise the cheque is in the post.

Under these circumstances it is hardly a surprise most people want the car they bought fixed and kept mobile in the meantime.

Well yes, but these laws aren't car-specific, they're general covering all consumer goods and services. But there are obviously ways to mitigate the inconvenience of having no, or a non-working, car.

[OutInTheShed]

Nezquick said:

Sounds like an odd, easily fixable problem surely?
.....

There's no cure for 'it is a Jaguar and they are Jaguar dealers'.

[paul_c123]

impreza280 said:

Thanks all for your replies.In answer to your various points and the conclusion I have formed ...

1. It is driveable - "just" a vibration above 50mph that is proving impossible to fix so far

..........

In summary, after over 5 months of owning over £60k of Jaguar that had 9k miles on it:
3. Terrible service from Jaguar Assist (aka the AA) - 27 hours to get home on the journey when I collected the car after a front puncture after 40 miles.
4. My local Jaguar dealer can't fix it after 3 goes but gives it back to me anyway saying it's fixed
5. As it was an ex-JLR car, I wonder if it was an Experience Day car?
6. The 10 year old Boxster that I also bought 5 months ago hasn't missed a beat
7. Jaguar may or may not survive, but if it doesn't, it will be due to customer service rather than their new model strategy

Without looking too deeply into the purchasing decision/mindset, I am guessing you chose a dealer 200 miles away because it was "the cheapest xxxxxxxx in the country" at the time?

Anyway, good luck with the refund.

[Inbox]

paul_c123 said:

Inbox said:

The short term right to reject is rather useless if you have traded in your previous car and you would be left with no transport and a promise the cheque is in the post.

Under these circumstances it is hardly a surprise most people want the car they bought fixed and kept mobile in the meantime.

Well yes, but these laws aren't car-specific, they're general covering all consumer goods and services. But there are obviously ways to mitigate the inconvenience of having no, or a non-working, car.

Agree the law is a one size fits all which is a pragmatic necessity but changing your car can stretch the finances with little left to help mitigate no car or non-working car if there are problems.