Short term right to reject 'waiting period' question

[safetycamera]

So following on from this thread - used car major issue with odometer reading : https://www.pistonheads.com/gassing/topic.asp?h=0&...

I am trying to get the issue resolved via the dealer.
I'd rather get the issue fixed if possible, rather than rejecting, because otherwise the car is great and I really don't want all the hassle of finding another vehicle all over again.

I noticed the issue 2 days after buying and reported it straight away.

I have waited a week for an appointment with the vending dealer's service centre - they couldn't do anything

I have waited a further week for another diagnostic appointment with the manufacturer's dealers service centre.

Aside from the visit to the service centre above I've had the use of the car

I'm now at the point where I am getting a bit twitchy that there won't be a resolution within the 30 day short term right to reject part of the consumer right's act.

Just wondering what people know about the legal position on this for me.

Given I reported the issue straight away, does this mean I am now in the 'waiting period' (and the clock on the short term right to reject is effectively stopped?)
I read the legislation and it isn't terribly clear, really

I also phoned the vending dealer to ask this but their answer on it wasn't terribly clear either.

Thanks for any thoughts or insight you might have

[craigjm]

The 30 day clock pauses when you agree to give the dealer the opportunity to repair. You gave them that promptly and its not the case that they can fanny around and then say its over 30 days now so go away. You need to formally document what is happening though as you still have use of the car.

[NAAHD]

I ve had the misfortune of rejecting 3 cars in my time. I know how to pick em I guess.

Put it in writing with the template for rejection under consumer rights act and send it. Make sure it s received and you get receipt of this. Document everything. Assuming you re wanting to return it if they ve not been able to fix it.

I ve had a read of the original and it sounds like they have at least taken it seriously and had a go at fixing it. But I would recommend getting that rejection in before the 30 days just because you don t want to be stuck with it if it does turn out to be a real problem

Not a lawyer by and means and I m sure someone will come along and give you a more solid reply

Edit: think I got sidetracked with the original post and sort of forgot where you said you’d rather keep it. Once it goes past 30 days you’re into the assumed it has a problem and it’s up to them to prove otherwise and since you reported it right away, it’s pretty easy to prove it happened within that 30 days. One of mine was 32 days I think when it totally shat the bed. I took a 15% loss on it because it was totally fked. The others being within 30 days for a full refund. I guess the question is how much faith do you have that it will be repaired? You obviously like the car and are there any similar for the same 22k that you would be interested in?

I empathise with your situation. It’s awful to be in

Edited by NAAHD on Saturday 17th October 21:14

[samoht]

safetycamera said:

I'd rather get the issue fixed if possible, rather than rejecting, because otherwise the car is great and I really don't want all the hassle of finding another vehicle all over again.
...
I'm now at the point where I am getting a bit twitchy that there won't be a resolution within the 30 day short term right to reject part of the consumer right's act.

So in some ways the 30 days isn't that significant. Inside or outside the 30 days from purchase, the dealer has sold you a car with a clear fault which they have acknowledged. So they either have to fix it, or take it back and refund you. If they fix it after 30 days you still want the car, and if they don't fix it they'll have to take it back anyway.

The only issue I can see is that for rejections after 30 days the dealer is entitled to deduct money from the refund to allow for the use (mileage) you've had of the car, whereas within 30 days it must be a full refund.


One option would be to propose to the selling dealer in writing, you've sold me a car with a fault, I'm prepared to give you until 30th November to fix the odometer, but if it's not fixed by that date you will give me a full refund. If they email back accepting that, you may have a reasonable basis on which to be patient in case the repair takes a bit longer.

[JimmyConwayNW]

Dealer view

We had a guy buy an 8 series from us.
Reported via email an eml has come on and wanted to reject.
We asked him to take it into his nearest bmw dealership, we would cover diagnostic and repair.
He said no he wanted to reject.
We asked him to return the car for us to inspect and then deal with rejection.

He sort of did return it, via a complaint from the finance company having done about 4000 miles in it and when it came back no eml.

Op given your situation I think you’ll be fine.

[mcpoot]

samoht said:

safetycamera said:

I'd rather get the issue fixed if possible, rather than rejecting, because otherwise the car is great and I really don't want all the hassle of finding another vehicle all over again.
...
I'm now at the point where I am getting a bit twitchy that there won't be a resolution within the 30 day short term right to reject part of the consumer right's act.

So in some ways the 30 days isn't that significant. Inside or outside the 30 days from purchase, the dealer has sold you a car with a clear fault which they have acknowledged. So they either have to fix it, or take it back and refund you. If they fix it after 30 days you still want the car, and if they don't fix it they'll have to take it back anyway.

The only issue I can see is that for rejections after 30 days the dealer is entitled to deduct money from the refund to allow for the use (mileage) you've had of the car, whereas within 30 days it must be a full refund.

It won't be after 30 days though because the clock stops when the fault is reported to the dealer and doesn't restart until it is repaired.

[safetycamera]

Thanks for thoughts all, really appreciated