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Hi all,
I have been reading a number of the threads based on rejecting a car under the 2015 Consumer Rights Act with interest, however I hope you don't mind me asking for some specifics regarding my problem.
I recently purchased (20 days ago) a used car from a car supermarket (I don't believe they are a limited company) for the amount of £1900 using my debit card. However within the first couple of weeks a potentially major engine problem has surfaced which is indicated by an intermittent warning light coming on on the dashboard when you turn the ignition on - this relates to the car having low oil pressure.
(Car is 10 years old and has 140k motorway miles on.)
On reading around about the problem I took the car to a mechanic who specialises in Saab's and he informed me of the problem that is well known to him. He informed me that depending how long that problem has been there it may have caused terminal engine damage and there is no way of knowing - the car may run for another couple of years or it may stop in a couple of months. He advised me to reject the car and get a refund as within 30 days. (For those interested in cars - there is a seal that commonly corrodes on the engine in this car located at the bottom of the engine that allows oil to drain down in to the sump I believe meaning that sometimes on car start up the oil pick up pipe draws in air rather than oil into the engine potentially causing all manner of problems.)
After the Saab mechanic informed me of the problem I contacted the seller by phone informing them of the problem and my wish to reject the car under the CRA 2015 which they refused and they told me to bring the car back in for their mechanic to inspect and repair insisting that the problem was not there at the point of sale. I followed up this phone call with an email summarising the phone call and awaited their promised response which did not come. I called them again 2 days later and they again told me to bring the car to them for them to look at and repair.
I have initially agreed to return the car to them - though I am not sure on the wisdom of this particularly as the seller is not local - however I do not wish for a repair and I believe I am not obligated to accept a repair and can ask for a refund. I have informed the seller of my reasons for not wishing for a repair as advised by Saab specialist this problem if present for an extended period of time can cause unseen and impossible to predict problems short of taking the whole engine apart. I have furnished the seller with the Saab mechanics details so they can consult but to my knowledge they have not contacted him.
Another potential complication in having the seller look for the problem is that the low oil pressure warning light only shows occasionally on start up and so it may well be that I return it for them to look at and they say that there is no problem as the light doesn't come on - I have taken a video of the warning coming on to show that the problem exists.
So my questions are - considering the nature of the problem being shown as intermittent - although ever present - and the impression that I have gotten from the seller that they are reluctant to refund is it in my best interest to return the car to them for inspection? Or should I keep hold of it so that when it is all played out they have to come and collect?
What is my next best step - should I contact them in writing officially stating that I wish to reject the vehicle?
Should I get the Saab mechanic to put his finding and recommendation in writing if this process has to be chased legally?
And simply how can I best strengthen my position to make sure they can't wriggle out of giving a refund?
My fear is that if I agree to a repair (the seal while a relatively big job is an easy fix) then the engine will give out further down the line by which point I will likely have to have spent more money on the car or it gives out outside of 6 months or whatever the period is where the seller is not considered responsible and then I am left with a broken car.
Many thanks
I have been reading a number of the threads based on rejecting a car under the 2015 Consumer Rights Act with interest, however I hope you don't mind me asking for some specifics regarding my problem.
I recently purchased (20 days ago) a used car from a car supermarket (I don't believe they are a limited company) for the amount of £1900 using my debit card. However within the first couple of weeks a potentially major engine problem has surfaced which is indicated by an intermittent warning light coming on on the dashboard when you turn the ignition on - this relates to the car having low oil pressure.
(Car is 10 years old and has 140k motorway miles on.)
On reading around about the problem I took the car to a mechanic who specialises in Saab's and he informed me of the problem that is well known to him. He informed me that depending how long that problem has been there it may have caused terminal engine damage and there is no way of knowing - the car may run for another couple of years or it may stop in a couple of months. He advised me to reject the car and get a refund as within 30 days. (For those interested in cars - there is a seal that commonly corrodes on the engine in this car located at the bottom of the engine that allows oil to drain down in to the sump I believe meaning that sometimes on car start up the oil pick up pipe draws in air rather than oil into the engine potentially causing all manner of problems.)
After the Saab mechanic informed me of the problem I contacted the seller by phone informing them of the problem and my wish to reject the car under the CRA 2015 which they refused and they told me to bring the car back in for their mechanic to inspect and repair insisting that the problem was not there at the point of sale. I followed up this phone call with an email summarising the phone call and awaited their promised response which did not come. I called them again 2 days later and they again told me to bring the car to them for them to look at and repair.
I have initially agreed to return the car to them - though I am not sure on the wisdom of this particularly as the seller is not local - however I do not wish for a repair and I believe I am not obligated to accept a repair and can ask for a refund. I have informed the seller of my reasons for not wishing for a repair as advised by Saab specialist this problem if present for an extended period of time can cause unseen and impossible to predict problems short of taking the whole engine apart. I have furnished the seller with the Saab mechanics details so they can consult but to my knowledge they have not contacted him.
Another potential complication in having the seller look for the problem is that the low oil pressure warning light only shows occasionally on start up and so it may well be that I return it for them to look at and they say that there is no problem as the light doesn't come on - I have taken a video of the warning coming on to show that the problem exists.
So my questions are - considering the nature of the problem being shown as intermittent - although ever present - and the impression that I have gotten from the seller that they are reluctant to refund is it in my best interest to return the car to them for inspection? Or should I keep hold of it so that when it is all played out they have to come and collect?
What is my next best step - should I contact them in writing officially stating that I wish to reject the vehicle?
Should I get the Saab mechanic to put his finding and recommendation in writing if this process has to be chased legally?
And simply how can I best strengthen my position to make sure they can't wriggle out of giving a refund?
My fear is that if I agree to a repair (the seal while a relatively big job is an easy fix) then the engine will give out further down the line by which point I will likely have to have spent more money on the car or it gives out outside of 6 months or whatever the period is where the seller is not considered responsible and then I am left with a broken car.
Many thanks
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