Faulty Car - Short Term Right to Reject

[mq2011]

Hello

I bought Audi A3 2008 from a main dealer on 23rd April 2019 with 2 year mechanical and breakdown cover (cover up to £3000).

On second day after purchase I was on motorway when Glow plug flashing light appeared and car dropped its speed. i contacted dealer and he offered repairing that i accepted. After first repair he told me that there was a faulty glow plug that has been replaced.

Next day same thing happened on motorway and glow plug flashing light appeared again. i took that car straight back to dealer and he told me that they would do further investigation. This time dealer told me that there was cut in a pipe near turbo which was replace and car was fixed.

But problem was still not resolved and along with glow plug flashing light engine management light also turned up. I contacted dealer again. This time dealer asked me if i could leave this car for few days so that they could have detailed check then they would be able to fix the issue. I asked them for courtesy car as I have to go to work 30 miles from my home everyday. But they told me that all courtesy cars are fully booked and they cannot help me in this. anyways I gave them my car for repairing. After three days they told me that they have found the issue. the turbo is faulty and they will replace it to fix this car.

But this time they told me that they would use my break down cover to repair my car (cost around £1000) and they booked my car again for repairing after two weeks (so again I have to work on trains or with friends and family help). I asked them to repair it on their cost not on my cover which they refused. they told me that If i would not have bought warranty cover then they would fix it on their cost but now i have a cover so they will use it.

As I was still in 30 days time I decided to reject this car and sent them a rejection letter after giving them 2 chances to repair. Next day I received call from manager and he told me that I cannot reject this car as they have found the issue and they want to fix it (on my breakdown cover) and this time car will definitely be fixed. I refused to give them my car and asked for refund which they declined.

I paid them using debit card and part exchanged my old car. during this whole process I missed 7 days of my work and now going to work on taxi+train+bus which takes more then double time then going on my own car and i have to pay extra travelling cost.

Anyone please guide me what should i do next and what are my rights in this situation?

Thanks

[ostell]

Of course you can reject the car, you have been more than generous with them. Just because they think they have a fix has no bearing on the matter.

Put this all in writing and send with a free certificate of posting from any post office. Make sure you mention the Consumer Rights Act 2015 and goods not of merchantable quality. Also add in all that extra cost that you have incurred and add that to the claim. You require repayment within 14 days and the car to be picked up at their cost.

The 30 day clock stops while they have had the car in their possession to attempt repairs so keep a record of those days for future reference.

[des8]

Sorry, but disagree with ostell on this one.
As you requested a repair you forfeit your right to reject (unless they fail , or don't complete in a reasonable time)

I think there is an argument that they carry out the repairs at their own cost and not under your warranty, as the warranty is in addition to your rights under CRA 2015

Also the repairs have to be done with as little inconvenience to you as possible, and they are responsible for collection and delivery.
If they can't provide you with a free courtesy car you can claim your extra expenses as damages as per CRA 2015 Sec 19 (11)

[ostell]

Sorry, I thought the situation had got to the last repair had failed but they are refusing to accept rejection because they now think they know what is wrong, in the same way they've thought they knew what was wrong the last how ever many times.

[mq2011]

Thanks for your replies.

so what would you suggest me what I should do now?

[des8]

I would write (send 1st class with free certificate of posting from PO) to the dealer telling them you agree to them carrying out the repair, but it is only at their expense as per CRA 2015.
Point out the warranty gives you the purchaser extra cover, not the dealer and your consumer rights require they cover the repair costs.
Also tell them collection and delivery is at their cost and should be done with as little inconvenience to you as possible.
Accordingly you anticipate they will supply you with a courtesy car free of charge, or else pay all your extra costs