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

[Henrymo]

I'm not having much luck with this car. Dealer appears to have sorted the fuel gauge issue but I today discovered a significant oil leak when smoke started to come out of the bonnet. The smoke was oil hitting the outside of the turbo and burning. On closer inspection there is a significant amout of oil on the undertray of the car.* I assume I now have no choice but to allow them one attempt to repair it?

[des8]

They have had an attempt to make the vehicle conform to the implied terms of the contract i.e. make it satisfactory.
The vehicle does not so conform as it appears to have a substantial oil leak and you could therefore use your short term right to reject (assuming the thirty days haven't been used taking into account the time taken in previous attempts)
Might be worth having an independent inspection to discover where the leak is (could it just be overfill?)

[Henrymo]

They have had an attempt to make the vehicle conform to the implied terms of the contract i.e. make it satisfactory.
The vehicle does not so conform as it appears to have a substantial oil leak and you could therefore use your short term right to reject (assuming the thirty days haven't been used taking into account the time taken in previous attempts)
Might be worth having an independent inspection to discover where the leak is (could it just be overfill?)

Today is day 35

[Henrymo]

The dealer called this afternoon after I e-mailed them and notified them of my intention to reject under CRA. They are incredibly sympathetic but have stated that as its outside 30 days they need once chance to repair. As stated on my last reply I am now on day 35 of ownership however I pointed out that due to previous issues that I may well still be in the 30 day period but this will very much depend on when the clock stops and restarts. Here is a timeline of events.

Day 1 - collection - Car has missaligned panels. Issue raised.
Day 7 - Chase dealer regarding panel. Raise second issue with fuel gauge.
Day 9-* Car booked in
Day 17 - Panel sorted. 1 hour in garage.
Day 22 - Escalate issue with fuel gauge
Day 30 - Fuel gauge issue resolved. 4 hours in garage.
Day 35 - Oil leak issue raised

So the key question is am I still technically within the 30 days?

[des8]

Well IMO you can exercise your short term right to reject as per CRA 2015 sec 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."

The waiting period starts with the request and ends when the goods are delivered back repaired as per CRA 2015 sec 22 (8) "The waiting period (a)begins with the day the consumer requests or agrees to the repair or replacement of the goods, and
* *(b)ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

First issue (panels) raised day 1 and not sorted till day 17
Fuel gauge problem raised day 22 not sorted till day 30
That's 25 days to be added to preserve your short term rights, and that's not a technical response!
And bang goes their right to repair!

[Henrymo]

Dealer has just been on the phone again. They want me to use the recovery service that you get with a new car and get it recovered to the garage so they can inspect it. My concern is that if I agree to do this and then end up in some lengthy dispute then the car is in their compound and not on my drive.

[des8]

If you are rejecting the car you have to allow them to collect it as per :
CRA 2015 sec 20*(7)From the time when the right is exercised—
(a)the trader has a duty to give the consumer a refund, subject to subsection*(18), and
(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

So they have to collect, you do not have to use the recovery service.
If you are concerned they may try and say later there was no fault, try and have the car examined by an independent engineer before they collect it.
It is for you to prove the car was not satisfactory.
*

[Henrymo]

Thanks again for your help with this!! I've arranged for a vehicle inspection to identify the source of the oil leak and once this has been done I'll contact the dealer and ask them to come and collect the car.

[Henrymo]

So as expected they are digging their heels in and have responded with the following:

I do genuinely appreciate your feedback and your interpretation of the CRA2015, however the 2 issues you have had previously, outlined in your email below, do not fall under the category of mechanical failure.

The update (fix to fuel gauge) is regarded as a software upgrade, which your car may require several of through its life as improvements are made. We do not associate this as a repair but a necessary development in technology.

Due to the above, under the Consumer Rights Act 2015, as you are outside the 30 days we have an opportunity initially to diagnose the vehicle and then repair the vehicle before you are can reject the car. I am happy to do this for you at your earliest convenience and organise a replacement vehicle whilst we do this.

However as it is less than 7 days since I had the last fault fixed (Fuel Gauge) then according the 22.7

(7)If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

(a)7 days after the waiting period ends, or

(b)if later, the original time limit for exercising that right, extended by the waiting period.

I am still within the short term right to reject so this will hinge on them accepting the fuel gauge issue as a fault.
P

[des8]

The panel issue wasn't sorted until 17 days after you purchased the vehicle, so that still leaves you within the thirty day period.
And what is this about "category of mechanical failure"? A vehicle can be unsatisfactory in ways that are not mechanical.

They are a dealer and it is a loss for them to have to take back a vehicle.
Do not expect them to roll over.
Go back and confirm you are rejecting the vehicle under your short term right.

If you purchased the car using finance you need to inform the finance company as they are owners of the car*
If you used a credit card you also have the possibility of claiming against them

[Henrymo]

I've replied to the dealer to let them them know that as far as I am concerned a techical fault is still a fault and they cant hide the resolution to this fault as a software upgrade and not repair. I've said they are free to come and collect the car for inspection once they accept my short term right to reject.*

I've also contacted the finance house with a detailed timeline of events and await their response. The finance house is owned by the manufacturer so my worry is that they will come down on the side of the dealer at which point I'll need to start spending more money on legal fees. I've already put my trusty old banger on the road which needed taxing and insuring.

I'll continue to keep this thread updated with progress as I have it as the contents of previous threads have been invaluable when researching.
H

[Henrymo]

Some more "progress" today. The manufacturer called me and wanted me to explain exactly what had happened after which they said I needed to get the car to the supplying dealership to let them inspect it. As the supplying dealership was disputing the short term right to reject I said would only be willing to let them have the car when they accepting I had grounds for 30 day rejection.

Shortly afterwards I spoke to the finance company who also instructed me to get the car instpected by an approved dealership but they said I could get it done at my local dealer rather than the one which provided the car in the first place. I feel more comfortable with this as I would hope to get an impartial inspection. I'm also having my own inspection carried out tomorrow. Once both have been completed and assuming both conclude that there is a fault then I'm guessing I will need to wait for the finance company to accept the rejection which I suspect may take some time.

[des8]

Ok, I understand where you are going, and hopefully the finance company will accept your rejection.
You should consider confirming your conversations with all these parties in writing (email sufficient) as down the line you may find they have different recollections of what was agreed.

CRA 2015 is quite clear that you have a duty to make the vehicle available for collection by the dealer if you are rejecting it.
You cannot expect them to accept the rejection without allowing them the opportunity to examine it.
Breaching that duty could prove costly

The manufacturer was wrong stating you had to get the car to the dealer.... it is for the dealer to collect.

[Henrymo]

I have had the car recovered today to a local dealership so they can inspect it and confirm what an independant mechanic confirmed in 30 seconds yesterday. I have also had a response from the finance company stating it could take them "8 weeks" to investigate the issue which seems excessive.

Thank you for contacting regarding the above finance Agreement us and keeping us updated as per the below. We are very disappointed to learn problems have arisen with your new vehicle and wish to assure you the case has been escalated is under a formal investigation.

Your case has been assigned to me and I will be handling the investigation. I apologise I was not available to take your telephone call yesterday.

Your desired outcome has been noted but we now require the opportunity to fully investigate the matter and are doing this in conjunction with *both the selling and assessing dealership and the manufacturer Renault UK.

A letter outlining our complaints process has been issued to you. Under FCA regulations we now have 8 weeks to complete our investigation. Every case is different and I will aim to conclude matters as quickly as possible.

I will update you once I have completed my preliminary discussions with the above mentioned parties.
*
Kind regards

[des8]

FCA regulation*https://www.handbook.fca.org.uk/handbook/DISP/1/6.html* sets a time limit of 8 weeks.

Afraid it is not an instant solution.