Can I reject my car?
Discussion
Purchased a Yaris 8 weeks ago (2009) paid £3700 for it, Aircon not working so asked him to fix when we purchased it
He did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
He did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
hornetrider said:
Nothing to do with warranty, fault can be considered there at the time of sale so he has to fix it. Its the Consumer Rights Act now I believe (not SOGA).
Thanks, just found that info out, He now thinks its electrical and that is covered.Just found a leak from it, he just told me that is covered and will be fixed.
Edited by eatcustard on Friday 12th August 17:16
eatcustard said:
Purchased a Yaris 8 weeks ago (2009) paid £3700 for it, Aircon not working so asked him to fix when we purchased it
He did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
you want to reject a car because the air con doesn't work? no chance as its still fit for purposeHe did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
andymc said:
eatcustard said:
Purchased a Yaris 8 weeks ago (2009) paid £3700 for it, Aircon not working so asked him to fix when we purchased it
He did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
you want to reject a car because the air con doesn't work? no chance as its still fit for purposeHe did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
other than the fact it was misdescribed by a trader ...
Fit for purpose, perhaps. but what was the description in the sales literature/advert? The item has features that enhance it's value if they function, these features don't work so value is reduced. This offer of reduction was not made, I assume, so the item has defects that were not identified by either party at time of sale, I assume again.
To reject is strong arm and perhaps not your best option. To request repair in a reasonable and timely manner to restore the performance of the item is a fair request. To not suffer inconvenience during this process is probably reasonable as well, this is a second hand car after all. If the trader fails, for whatever reason, to repair to a working condition, not betterment and this is X years old after all, you should seek compensation to the value of the repair, so get a quote from someone fair, an AC specialist or two. If you reject the vehicle you will give it up and a process that I decided not to follow years ago commences. I chose to take a Volvo dealer to court. My claim was reasonable and the documents that supported it based on fact.
The dealer is on a small margin and is now hoping you will just get tired of asking for it to be fixed.... where is winter..
Write to the dealer, deliver by hand and talk him through it, this way when/if you get to court you have been over fair.
J
To reject is strong arm and perhaps not your best option. To request repair in a reasonable and timely manner to restore the performance of the item is a fair request. To not suffer inconvenience during this process is probably reasonable as well, this is a second hand car after all. If the trader fails, for whatever reason, to repair to a working condition, not betterment and this is X years old after all, you should seek compensation to the value of the repair, so get a quote from someone fair, an AC specialist or two. If you reject the vehicle you will give it up and a process that I decided not to follow years ago commences. I chose to take a Volvo dealer to court. My claim was reasonable and the documents that supported it based on fact.
The dealer is on a small margin and is now hoping you will just get tired of asking for it to be fixed.... where is winter..
Write to the dealer, deliver by hand and talk him through it, this way when/if you get to court you have been over fair.
J
mph1977 said:
andymc said:
eatcustard said:
Purchased a Yaris 8 weeks ago (2009) paid £3700 for it, Aircon not working so asked him to fix when we purchased it
He did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
you want to reject a car because the air con doesn't work? no chance as its still fit for purposeHe did and said it was low on gas, twice more it failed and gas refiled.
This time its full of gas and it maybe the the compressor (they are not cheap), he says may not be covered under warrantee and he will look.
Now if its not covered can I reject the car, or am I being a muppet and have to pay for a fix myself.
other than the fact it was misdescribed by a trader ...
If fixing a fault was a condition of sale then you have an argument as he has not fulfilled his side of the contract. Was it stated on any of the paperwork that the a/c was to be repaired?
If it was a vague discussion about fixing the fault then you will struggle. I can't imagine you will be able to reject a car of this age under the consumer act for an air con fault. The goods must be as described, fit for purpose and of satisfactory quality. The only way to find out is to visit trading standards or the small claims court.
If it was a vague discussion about fixing the fault then you will struggle. I can't imagine you will be able to reject a car of this age under the consumer act for an air con fault. The goods must be as described, fit for purpose and of satisfactory quality. The only way to find out is to visit trading standards or the small claims court.
papa3 said:
If fixing a fault was a condition of sale then you have an argument as he has not fulfilled his side of the contract. Was it stated on any of the paperwork that the a/c was to be repaired?
If it was a vague discussion about fixing the fault then you will struggle. I can't imagine you will be able to reject a car of this age under the consumer act for an air con fault. The goods must be as described, fit for purpose and of satisfactory quality. The only way to find out is to visit trading standards or the small claims court.
You really should try reading through all of the posts!:If it was a vague discussion about fixing the fault then you will struggle. I can't imagine you will be able to reject a car of this age under the consumer act for an air con fault. The goods must be as described, fit for purpose and of satisfactory quality. The only way to find out is to visit trading standards or the small claims court.
eatcustard said:
Thanks, just found that info out, He now thinks its electrical and that is covered.
Just found a leak from it, he just told me that is covered and will be fixed.
Just found a leak from it, he just told me that is covered and will be fixed.
Edited by eatcustard on Friday 12th August 17:16
No doubt confused buyer and toomanytcvs will be along to advise soon enough, but yes, rejection is an option.
It's just an option. Preferably, the trader will fix it, but if not of course you may reject it. Just to be clear, was there any discussion in a price reduction due to the aircon not working, or did you pay full price as if it was working and he would repair it?
It's just an option. Preferably, the trader will fix it, but if not of course you may reject it. Just to be clear, was there any discussion in a price reduction due to the aircon not working, or did you pay full price as if it was working and he would repair it?
SteBrown91 said:
The car correctly comes fitted with the air conditioning system. As long as the advert doesn't say fully functional a/c then there has been no Mis-selling
A lot of hair splitting going on in this thread.So if an advert states that a car has a certain feature, they specifically have to clarify that it works?
SteBrown91 said:
The car correctly comes fitted with the air conditioning system. As long as the advert doesn't say fully functional a/c then there has been no Mis-selling
But as the OP pointed out, he spotted the non-functioning AC on the test drive and fixing the AC was made a condition of sale. It's not fixed so the seller is in breach of the contract. OP can't reject the car under SOGA but he could sue for breach of contract if the seller refuses to fix the AC.I think it's quite reasonable to assume that regassing it would fix it in the first instance - it's quite common for an older car to need it. It's positive that the seller is continuing to agree to try other things to fix it. Until the seller crosses their arms and says "no more" the OP should continue to be nice.
Then we test drove the car the AC was not working, the condition of sale is the AC to be working, thed did this by refilling the gas.
It has now sprung a leak, which he said is covered.
Now because I have had the car over 30 days and say it still does not cure the fault can it be rejected, because a new compressor is £600+ (if it is that)
I dont want to reject the car as its in good condition, but the AC is not covered, except for electrical or a leak, I just want it working, so for me I want to force his hand that to really reject it.
It has now sprung a leak, which he said is covered.
Now because I have had the car over 30 days and say it still does not cure the fault can it be rejected, because a new compressor is £600+ (if it is that)
I dont want to reject the car as its in good condition, but the AC is not covered, except for electrical or a leak, I just want it working, so for me I want to force his hand that to really reject it.
Edited by eatcustard on Sunday 14th August 14:00
singlecoil said:
andymc said:
heebeegeetee said:
andymc said:
you want to reject a car because the air con doesn't work? no chance as its still fit for purpose
If he's been promised air conditioned transport, it isn't. Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff