Rejecting used car < 30 days

[des8]

If he refuses to collect the car, bring to his attention that bit of CRA2015 that says he must repair (a) within a reasonable time and without significant inconvenience to the consumer, and (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).".

His refusal to collect could be a breach of those terms, (insignificant inconvenience?) and imply he declines the opportunity to repair and so leaves you free to reject the vehicle,
On rejection, besides claiming a complete refund, you could also add all the direct costs that you have so far met.

In what regard do you think the car is dangerous?
Has this been confirmed by an engineer?

and it does not conform to contract because it is of unsatisfactory quality.
As a car it is fit for the purpose for which it was purchased eg you did not tell the dealer you had 7 children and he sold you a 5 seater car!

[Ades]

Thanks once again for getting back to me. I will request that he collects the car however he did explain previously that I would need to drop it off.

Regarding the car being dangerous. No this hasn't been confirmed by a mechanic but rather my opinion in that burning oil could result in a fire.

So as the dangerous part is conjecture on my part and fit for purpose does apply here. If the seller fails to uphold his side and fix my car should I reject based purely on the fact that the car does not conform to contract because it is of unsatisfactory quality?


Kind regards

[des8]

I would insist the dealer arranges collection and delivery to the repairers.
The repairs have to be done with minimal inconvenience to the customer.
I would argue that a 50 mile delivery journey causes great inconvenience in the way of journey time there.
I assume it won't be repaired in a single day, so you then have the problem of returning home.
Presumably a day off work?
Whatever, that is a "significant inconvenience" and would have to be repeated on collection.

See how that goes, and if they manage the repair.
If that fails we will help you with the next step.

[Ades]

Perfect, Will keep you posted

[Ades]

Faulty car update:

Hi, Thanks again for taking the time to review and give guidance with my car problem.



Following from my last post. I tried to get the car dealer to collect the car but they explained that this would not be possible. I asked the second (repair) garage commissioned by the sales garage to fix the car to collect but this was outside their area of collection.

Unfortunately, I had to take the car to garage which now stands as my 4^th round trip from Northampton to Leicester during the working week.

The car was delivered to the garage for repair (first available slot) 17^th April – 20^th April In that time the mechanic cleaned all the excess oil seen previously from the engine but was unable to see any further oil leaks. The mechanic explained that he also experienced the smell of transmission oil when he test drove and has updated the seller garage to confirm and made enquiry’s to Audi to see if they have any advice or previous issues that have been raised.

I collected the car 20^th April and agreed to see how it goes now that that the excess oil has been cleaned off the engine. The mechanic suggested the next course of action if the problem returned would be to investigate the gear box, he gave the impression it would very costly and would need to be agreed with the seller garage.

On a short journey on the 21^st April the smell of transmission oil has returned and now appears that the car is having trouble reversing up hill.

I phoned the seller garage 21^st April and explained the issue isn’t resolved. They have explained that I need to return to the repair garage once again for further investigation. I have asked for a courtesy car but the seller explained that they do not have any capacity to provide this. He did suggest that once I have booked my car in with the repair garage again, they will see if I can borrow something but couldn’t promise. The repair garage isn't open until Monday.

Any further advice from here would be gratefully excepted. Are they legally obliged to provide me with a courtesy car so I can travel to work. If so and they are unable to provide a curtesy car am I well within my rights to demand a full refund at this stage?

[des8]

The problem is that you appear to have agreed for the garage to have yet another attempt at repair.
Having done this you must allow them this attempt.
However it has to be at no cost to yourself and that includes delivery and collection and with minimal inconvenience
TELL the dealer IN WRITING (email ok) this, and if necessary tell him to hire a car for you at his cost.
You could add that if he refuses you will take it that he is declining to repair the vehicle and that you are exercising your right to reject the car, and you will require a full refund, including all the costs you have incurred.

Your problem is that if you then decide to initiate court proceedings, due to the value, the case will probably be allocated to the fast track.
This will have cost implications if you lose.
However due to the simplicity of the case, you could request it be dealt with on the small claims track where cost implications are minimal
You may or may not be successful in such an application

[ostell]

Under the Consumer rights Act the seller is responsible for arranging the collection of the defective items. Let him arrange for his low loader to call.

[AlicJ]

Hi, I have same problem as you with BCM . I bought car on 26/03/18. Few days leater I found fault and informed trader. From 05/04/18 car is in trader to 'fix' it without succesful. Trader didn't gave term of rapair. I want reject car but he don't respond to my request. Alredy I send email and a letter. I report situation to Citizen Advisor and https://www.tradingstandards.uk/. Now I'm waiting 7 more days for next step. Did you reported yours problem with that trader? If he agree go to court with that and he don't respect law we are in the same situation.

[ostell]

Alicj, To save confusion could you start your own thread on the matter so that you can get help. Otherwise two cases in one thread get mixed up.. In the new thread give date ou bought the car, the first time you reported the defect, the time you have not had the car and the response from the dealer. The 30 day clock stops while he has the car so it may still be possible to reject the car outright.