Consumer Rights Act - Rejecting Car / Requesting Repair
Discussion
Posting this for a close friend of mine. He joined to post here on my recommendation but it turns out there is a waiting period before newbies can post.
If me posting this is against the rules then I apologise and request that it be deleted until he is eligible to post.
Heres the issue:
He bought a car (F430 so not a cheap car) from independent dealer 3/4 months ago & immediately took it for an inspection which found a number of issues which would be expensive to fix.
amongst other things the clutch reading showed it was requiring replacement despite driving fine. There was a small oil leak, and a couple of other little bits, but as always with car like this the costs to repair were in the thousands.
He then told them he wanted said issues fixed but they refused and said the only option would be for him to return the car, and gave him the usual chat about how the issues weren't as bad as the dealer suggested, they were just looking for work etc etc etc.
Stupidly, as he had been searching for a good example for the best part of a year he declined this offer and told them he would monitor the issues and get back in touch should the situation worsen.
As I am sure you can guess by now, the situation has worsened, the clutch has completely failed (300 miles later), and the other issues are still present of course.
So the question here is has he waived all rights to repair / replacement because he rejected the dealers initial offer to take the car back? Or can he still pursue them to rectify? A quick google reveals you are entitled to demand repairs within 6 months, but no mention what happens if you refuse to return the car....
I personally have no idea what the rules are regarding this, I wasn't even aware this law existed and have always just assumed you had to rely on a warranty if one is present!
If me posting this is against the rules then I apologise and request that it be deleted until he is eligible to post.
Heres the issue:
He bought a car (F430 so not a cheap car) from independent dealer 3/4 months ago & immediately took it for an inspection which found a number of issues which would be expensive to fix.
amongst other things the clutch reading showed it was requiring replacement despite driving fine. There was a small oil leak, and a couple of other little bits, but as always with car like this the costs to repair were in the thousands.
He then told them he wanted said issues fixed but they refused and said the only option would be for him to return the car, and gave him the usual chat about how the issues weren't as bad as the dealer suggested, they were just looking for work etc etc etc.
Stupidly, as he had been searching for a good example for the best part of a year he declined this offer and told them he would monitor the issues and get back in touch should the situation worsen.
As I am sure you can guess by now, the situation has worsened, the clutch has completely failed (300 miles later), and the other issues are still present of course.
So the question here is has he waived all rights to repair / replacement because he rejected the dealers initial offer to take the car back? Or can he still pursue them to rectify? A quick google reveals you are entitled to demand repairs within 6 months, but no mention what happens if you refuse to return the car....
I personally have no idea what the rules are regarding this, I wasn't even aware this law existed and have always just assumed you had to rely on a warranty if one is present!
Ok yes we saw the 2nd option to request repair within 6 months but weren’t sure if by refusing the initial offer of a refund he had somehow had his chance and resolution and the case was now closed so to speak.
Would be interesting if the wording is how you say - 2 rules running alongside each other.
That would theoretically give him a fighting chance at least I think.
Would be interesting if the wording is how you say - 2 rules running alongside each other.
That would theoretically give him a fighting chance at least I think.
Its Just Adz said:
Why didn’t he have the inspection done before buying?
Ferrari inspections do throw up every tiny imperfection and some should just be put down to the age of the vehicle.
Dealer who sold is very reputable and he has a bit of history with them and no previous issues. Ferrari inspections do throw up every tiny imperfection and some should just be put down to the age of the vehicle.
To be fair they were shocked at the report themselves, although that shows they don’t put much effort into checking over the cars prior to sale!
REALIST123 said:
Where do you get that from? They offered a refund just after he bought the car. He declined their offer, kept and used the car.
Nothing to say they’d be happy to drive him now.
Yeah the offer of a refund was previously. Nothing to say they’d be happy to drive him now.
He just wants to know if that counts as a final offer of resolution by the dealer before going back to them
hutchst said:
I agree entirely with what you say. The question is one of timing. The obvious time to do that, for an expensive supercar, is before you buy it. There is no suggestion that the supplying dealer objected to that. That way the dealer can factor replacement items like a new clutch into the final price that he is prepared to accept.
To agree the price then bring it back and ask for more free stuff just doesn't sit right with me. Perhaps I'm just old fashioned and this new dog eat dog race to the bottom world isn't for me.
I think the assumption was & still is, that when you buy a car from a reputable dealer, you will not be buying a car that has (according to Ferrari) a 100% worn clutch. Not to mention oil leaks and whatever else was found.To agree the price then bring it back and ask for more free stuff just doesn't sit right with me. Perhaps I'm just old fashioned and this new dog eat dog race to the bottom world isn't for me.
The inspection was not done prior to sale as he trusted the dealer, coincidentally after taking ownership he was invited for a free inspection by the main dealer (he has history with them), so he thought he may as well.
Obviously he wasn't expecting them to uncover a raft of serious issues! There was of course the usual stuff listed - you could do with new wipers, let us drill out the brake vent holes as some are blocked etc etc.
He plans to make contact with them again tomorrow so I will report back how that pans out.
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