Issue with recently purchased car

[phey708]

Hi all,

I have been looking around for a car and I managed to get myself a lovely Porsche boxster from a used car dealer on the 4th. There are however two issues with the car which is really putting me off the car and not allowing me to enjoy my new purchase:

1. The key will not come out of the ignition after putting the car in park and turning the engine off. This happens after driving the car for more than 10 minutes and I can't remove the key.

2. The SRS/airbag light is permantly on

Both of the above issues where present when inspecting the car however the dealer assured me that because the battery was flat, these are common issues of a low battery and they would clear eventually. After driving the car for 100+ miles they still persist and they are annoying me. I would ideally like to get a refund for the car but after complaining to the dealer they point blank refused this however I mentioned if they would reimburse me for the cost of the repairs and they agreed to this. This was only verbal however and I feel that the outcome would be different if I went down this route. After much consideration I feel a refund is the best cause of action.

I have alreay sent a letter to them informing them of the faults and to allow a refund within 14 days which was a template I obtained from a website. If they do not accept this after 14 days what is the next course of action? The cost of the sale was 7800 and I paid via Debit Card (VISA). I am aware that there is a chargeback option so is it easier to go down this route?

[luxardo]

The consumer rights act give you the right to a refund because it was not as described. ie the fault did not go away.
If this is your only problem though and they have offered to pay for repairs make up a letter and get them to sign it stating this.

[phey708]

Hi,

After sending the letter to them they rang me this morning which I missed but left a lengthy voicemail. Basically, the message was quite arrogant and they stated that because it was sold as seen and at trade price that this sale is exempt from Consumers Act 2015 and that I am wrong and they are correct (they mention they have checked trading standards and had a reference number...). I don't believe this is factually correct and they said that I could return the car but they would be looking to charge me the cost of 'hiring' the car since I have had it.

They have also told me that I would need to return the car to them. They did give me the option however to give them the car for them to resolve the faults at their expense. What should I do next?

[des8]

That car was not only "not as described" but also unsatisfactory and possibly unfit for purpose

An SRS malfunction indicator lamp (MIL) indicates a system malfunction

and is a* *Major* MoT failure

As you are within the first thirty days following delivery you do not have to accept an offer to repair.
The dealer has to arrange return of the vehicle at his own cost, and can't charge for usage.
His claim that CRA 2015 doesn't apply is b******t

Certainly chargeback is less stressful than the court option, and if it is refused you can then exercise your court option if you have already rejected the vehicle

I would advise against continuing to use the vehicle if you have rejected it.

[luxardo]

I'd normally say that as you like the car and the only problem is the fault. If they have offered to fix the fault let them do it.
However, it sounds like they are a right bunch of cowboys and I wouldn't trust them to do the job properly. Take the advice from Des8.

[des8]

Just reread and it appears you may have lost the opportunity if you requested the repair when you said:
"I mentioned if they would reimburse me for the cost of the repairs and they agreed to this."
and their response:
"They did give me the option however to give them the car for them to resolve the faults at their expense."

CRA 2015 22 (6) "If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection(3)or(4)stops running for the length of the waiting period."