Brand New Vehicle - Excercising Short Term Right to Reject - Missaligned body panels

[Henrymo]

Hi Everyone. I stumbled accross this forum whilst researching the CRA and would like some advice on the following.

I collected a brand new car(MT69 BGZ) on two weeks ago and whilst inspecting the car in the showroom I noticed the the bumper and the wing were not alligned correctly. I pointed this out and took photos and asked the dealer if it could be sorted. They agreed and I drove the car away. I followed this up with and e-mail the following day and they asked me to visit their body shop so it could be inspected. When it was inspected I was told it would be a simple two hour job so I have agreed to take the car to get it sorted. However I have since disovered that they may have misdiagnosed the problem and that it will require the removal of multiple body panels.

My concern is that the car wont come back perfect and to add some context this car is a £60K car built in very limited numbers where even the slightest evidence of repair or damage would have a significant downward effect on its value.

Do I have a valid reason to reject and will I lose those rights if I allow them to attempt a repair.

Regards
H

[des8]

Hi and welcome

Your problem with rejection now is that you have already requested the repairs and so your right to reject has been suspended.

However the repairs need to be carried out*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).
Also, of course, the repairs need to be of a satisfactory standard.

Assuming the repairs are carried out, I would suggest (if you have any concerns) you obtain an independent report about the repairs.
If that highlights any problems you could then possibly reject the vehicle.*
As you pointed out the faults at the time of delivery, the thirty day window for early rejection does not start until you take delivery after the repairs have been carried out
*

[Henrymo]

Thanks for the swift reply. Its very much appreciated. I had assumed that the amount of work required to resolve the issue would be trivial so I was happy with that and I suspect the body shop has assumed the same but I have it on good authority that this might not be the case.

Due to the distances (2 hour round trip) involved I have said that I will wait at the garage whilst they sort it as they said it would need around two hours. If after the two hours or the first attempt to resolve the problem they ask me to come back or they say they need to keep the car in am I obliged to let them fix it or at that point can I say the first attempt wasnt satisfactory.

[des8]

Their first attempt will end when they return the car to you and say "done".

If they return car and say they will need it back, or wish to retain it for longer, point out to them the need for repairs to be carried out*
*within a reasonable time and without significant inconvenience to the consumer, and to bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
So you will need a courtesy car (try for one of the same standard !) and recompense for delivery & collection of the vehicle.
Unfortunately there is no definition of "reasonable time" and each case hinges on its particular circumstances

[Henrymo]

So I'm starting to think my car was built on a Friday afternoon. The dealer sorted the panel allignment out no problem. However car has now developed a fault with the fuel system. The car will show a quarter of a tank of fuel and estimated number of miles (somewhere between 60-100) then without warning it will drop to zero and say I have no fuel left. This has happened 3 times now. It happened yesterday when I was just about to join the motorway so I had to quickly turnaround and find a fuel station. I put 10 litres of fuel in the car and it immediatley jumps to 1/2 full and showing 140 miles until empty.

This morning the same thing happened as I was stuck in traffic on a dual carraigeway. Car was showing 1/4 tank and 60 miles until empty and then suddenly jumped to zero again forcing me to seek out a petrol station. When functioning correctly the fuel gauge drops slowly first showing an amber warning and then red warning when nearly empty.

I have managed to capture a video of this happening so can demonstrate the fault and I have also video evidence of the car showing the fuel gauge reading 1/2 tank of fuel after only putting 10 litres into it.

I'm now considering rejecting this car before my 30 days are up to protect myself. Will my video evidence be sufficent grounds to show the fault or will I need to let the supplying dealer look at the car themselves to view it?

Thanks again
H

[des8]

If you reject the car you do need to let the dealer examine the vehicle before accepting your rejection.

I expect the problem is in the sender unit and so easily replaced if you want to keep the car.
It's a problem that often occurs in older cars (my youngest car is 49 so I know that feeling of surprise when the tank suddenly appears to be empty!)
but wouldn't anticipate finding it in a new vehicle.

[Henrymo]

If you reject the car you do need to let the dealer examine the vehicle before accepting your rejection.

I expect the problem is in the sender unit and so easily replaced if you want to keep the car.
It's a problem that often occurs in older cars (my youngest car is 49 so I know that feeling of surprise when the tank suddenly appears to be empty!)
but wouldn't anticipate finding it in a new vehicle.

Yep on older cars I am a lot more forgiving with issues but on a brand new car less so. If I decide to reject (which I assume I am within my rights to do) and the dealer inspects the car. How do I know they are not going to simply fix it and then reject my claim with no fault found?

[des8]

As you will be rejecting within the first 30 days it is for you to prove the fault exists and that it is sufficient to make the car unsatisfactory.
You could have it examined by an independent auto electrician and have a written report.

[Henrymo]

I sent an email to the garage earlier in the week and was told that the after sales manager would call me. However the silence is deafening. I have followed up with a direct e-mail to the after sales manager this morning but yet to receive a response. Tuesday will be 30 days since I collected the car but I first notified them of the issue with the fuel 7 days after collecting so am I right in thinking that the 30 day time stopped as soon as I first notified them of the issue?

[des8]

The clock stopped probably!
In your email did you reject the vehicle or ask for a repair or just notify them of the problem?

[Henrymo]

I sent an email to the garage earlier in the week and was told that the after sales manager would call me. However the silence is deafening. I have followed up with a direct e-mail to the after sales manager this morning but yet to receive a response. Tuesday will be 30 days since I collected the car but I first notified them of the issue with the fuel 7 days after collecting so am I right in thinking that the 30 day time stopped as soon as I first notified them of the issue?

I simply notified them of a problem. Didnt ask for repair or reject.
H

[des8]

So in that case, to protect your position if nothing else, I would contact them and tell them that as they have not contacted you, you are now rejecting the car as unsatisfactory and unfit for purpose.
They will probably come back offering to repair, but it is up to you whether or not to accept that.
Remember you have to prove the car was unsatisfactory when delivered, and if you like the car (excepting the faulty gauge!) repair might be a lot less stressful than rejecting.

[Henrymo]

So in that case, to protect your position if nothing else, I would contact them and tell them that as they have not contacted you, you are now rejecting the car as unsatisfactory and unfit for purpose.
They will probably come back offering to repair, but it is up to you whether or not to accept that.
Remember you have to prove the car was unsatisfactory when delivered, and if you like the car (excepting the faulty gauge!) repair might be a lot less stressful than rejecting.

Thanks! You quick responses to this thread are very much appreciated.

[Henrymo]

So the dealer called me today two days before the 30 day window passed and they asked to get the car in to get it sorted which I am more than happy to do because I dont want the hassle of rejecting it unless I have to. They have asked to keep the car for a couple of days. I assume now the clock has stopped ticking until such a point I accept their repair has resolved the issue or will this then fall outside the "Short term right to reject" as I have agreed to let the inspect and repair/

Also I read the following on another forum regarding how the repairs are carried out to avoid the "Final Right to Reject" as this is a brand new car I'm guessing the dealer will use the manufacturers warranty to claim back the cost of the repairs. If so does the following apply?

It is also possible to agree with a customer to undertake a repair under any warranty you may have sold with the car as that will constitute a contractual repair and so will not count as a statutory repair under the Act. In this instance, you will need to ensure you have the customer’s agreement to conduct any repairs under warranty (preferably in writing) so it is clear it is a contractual warranty repair and not a statutory repair – the difference being only a statutory repair will give rise to the ‘Final Right to Reject’.

[des8]

That is how some dealers try and get round your statutory rights.

The clock has stopped.
Leave a letter with them telling them you are permitting a repair in accordance with the Consumer Rights Act 2015.
If unrepaired or not satisfactory short term right to reject remains

Also bear in mind*2)If the consumer requires the trader to repair or replace the goods, the trader must—
(a)do so 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).

So they should be collecting the vehicle for repair , and returning it at their cost (or paying your costs) plus possibly allowing you use of a courtesy car (especially as you said they are a 2 hour drive away)