Balance between rejection and repairs?
Discussion
In the first few days of ownership of an 11 year old car I bought for c.£30k, I identified a few issues which weren't apparent during the test drive or detailed in the car's advert.
Fit for purpose / as described
Three weeks into ownership, I took the car to an independent specialist for the marque, who provided the codes and confirm that these were genuine errors.
On day 25 of ownership, I informed the dealer of the issues and asked for their guidance on how best to remedy the issues. I received no response.
Given the dealer's lack of response, on day 30 of ownership I emailed the dealer stating my intent to reject the car on the grounds that it was not fit for purpose, as described or of satisfactory quality. I know this seems a bit extreme and perhaps unnecessary escalatory, but I had no idea if the dealer was stalling for time for my 30 days to lapse, or had genuinely missed my email. I wasn't prepared to take that risk.
Lo and behold, 10 mins after sending the second email the dealer calls and after a bit of an awkward conversation where he suggested that this was the sort of thing to expect with an 11 year old car, or perhaps someone had tried breaking into the car and broken the door handle, he has now offered to "review a quote for the repairs". He stated when asked that he was not agreeing to fix the issues yet, and wanted to see if they were "wear and tear issues" and what the costs were.
What would you do? The car is otherwise is sound mechanical condition, but the dealer's lack of comms and reticence to commit to repairs have got me nervous. He has also claimed to have never heard of the Consumer Rights Act 2015, or the relevance of owning a car for 30 days, which I find really hard to believe and has made me a bit suspicious overall. However, the dealer is well regarded from reviews and the independent specialist spoke highly of him when I mentioned who it was.
My main concern is that if I get these quotes, and then he refuses to pay for some of the repairs, I'll be into 31+ days of ownership. Is my ability to reject the car then gone? Or has the fact that I've highlighted these issues prior to that sufficient, if we can't work things out?
Some of the issues in isolation are clearly relatively minor, but it is the cumulative impact of them all that has really soured ownership of the vehicle, and ultimately the car doesn't work as intended and isn't as described by the advert/as good as he described it when inspecting/testing.
Fit for purpose / as described
- Front passenger door does not open (it stopped working about a week or two into ownership)
- Alarm system not functioning properly
- Aircon switches not fully functioning
- Entertainment system screen not functioning properly
- A requested repair to the drivers' seat control module was completed to a very poor standard, leaving unsightly and visible silicone and plastic showing. This repair has not been conducted to a standard appropriate to the value of the vehicle.
Three weeks into ownership, I took the car to an independent specialist for the marque, who provided the codes and confirm that these were genuine errors.
On day 25 of ownership, I informed the dealer of the issues and asked for their guidance on how best to remedy the issues. I received no response.
Given the dealer's lack of response, on day 30 of ownership I emailed the dealer stating my intent to reject the car on the grounds that it was not fit for purpose, as described or of satisfactory quality. I know this seems a bit extreme and perhaps unnecessary escalatory, but I had no idea if the dealer was stalling for time for my 30 days to lapse, or had genuinely missed my email. I wasn't prepared to take that risk.
Lo and behold, 10 mins after sending the second email the dealer calls and after a bit of an awkward conversation where he suggested that this was the sort of thing to expect with an 11 year old car, or perhaps someone had tried breaking into the car and broken the door handle, he has now offered to "review a quote for the repairs". He stated when asked that he was not agreeing to fix the issues yet, and wanted to see if they were "wear and tear issues" and what the costs were.
What would you do? The car is otherwise is sound mechanical condition, but the dealer's lack of comms and reticence to commit to repairs have got me nervous. He has also claimed to have never heard of the Consumer Rights Act 2015, or the relevance of owning a car for 30 days, which I find really hard to believe and has made me a bit suspicious overall. However, the dealer is well regarded from reviews and the independent specialist spoke highly of him when I mentioned who it was.
My main concern is that if I get these quotes, and then he refuses to pay for some of the repairs, I'll be into 31+ days of ownership. Is my ability to reject the car then gone? Or has the fact that I've highlighted these issues prior to that sufficient, if we can't work things out?
Some of the issues in isolation are clearly relatively minor, but it is the cumulative impact of them all that has really soured ownership of the vehicle, and ultimately the car doesn't work as intended and isn't as described by the advert/as good as he described it when inspecting/testing.
Going through this exact process myself currently albeit I rejected the car one day after taking delivery but still the dealer is playing silly games.
Within the first 30 days you do not have to accept a repair you are entitled to a refund. The dealer cannot dispute that. As you requested a refund within 30 days the clock stops until such time the dealer has provided you their final response.
Whether or not they have heard of the CRA 2015 is of no consequence; it is the law. I'd suggest you stick to your guns and keep citing the Act.
Trading Standards, Motor Ombudsman are both helpful. If you paid by credit or debit card you can also do a chargeback which may be worth pursuing.
Within the first 30 days you do not have to accept a repair you are entitled to a refund. The dealer cannot dispute that. As you requested a refund within 30 days the clock stops until such time the dealer has provided you their final response.
Whether or not they have heard of the CRA 2015 is of no consequence; it is the law. I'd suggest you stick to your guns and keep citing the Act.
Trading Standards, Motor Ombudsman are both helpful. If you paid by credit or debit card you can also do a chargeback which may be worth pursuing.
Gassing Station | Car Buying | Top of Page | What's New | My Stuff