Rejection of Car ;Consumer Rights Act 2015

[ibrox1]

I rejected a vehicle under the Act in February 2020.The car was bought under a PCP agreement so notified the Finance Company in writing.
The car was obtained as a 10 month old vehicle but almost immediately (within 5 days)there were problems with the car with a dash board warning light coming on indicating in X amount of miles the car would cease to function and should be returned to the dealership for repair.At this time I was unaware of the Consumer Rights Act 2015 which allows formal rejection of the vehicle if a significant fault is evident within the first month of obtaining the vehicle.I also understand after month 1 from months 2-6 months that you enjoy the same right although the dealership now has the right to repair on one occasion and if rejection accepted instead of having to refund in full can claim reduction in value based on mileage used and time.
In my naivety I was unaware of any of this and in the following months the car broke down a further six/seven times and each time I returned the car to the dealership for repair,and on several occasions the dealership kept the car for days and even weeks at a time assuring me verbally on completion of work the car was now fit for purpose and had been road tested.The same fault displayed itself to myself after a couple of weeks use.I did get use of a courtesy car for some of the time but was paying for a SUV and the courtesy car was only a small car.
After the fifth time the car broke down I found out about the Consumers Rights Act 2015 and formally rejected the car in February 2020.Since then I have been trying to get the dealership to accept rejection and the finance company.The issue is that the dealership have been in my opinion been deliberately obstructive in refusing to pass the job cards onto the Finance Company.which would confirm the fault appeared after 5 days driving and in which case the finance company would be fully paid off and finance payments made for the vehicle returned to me.
The dealership only commitment was to say in view of the circumstances and the number of repairs that they were prepared to take the car back at used car value and make goodwill payment to cover outstanding finance.This would be as a new car sale.
I have not accepted or rejected this offer but am aware that this offer is vastly different from what the Act says which is the consumer should be returned full purchase price.
The finance company have contacted me to say they accept my rejection of vehicle but as they cannot establish the date the car first went in for repair as they cannot obtain job cards to verify dates they would only consider in conjunction with the dealer paying off the finance and paying me 50% of the monthly payments made since I formally rejected the car.(3 months payments against 14 months of payments made).The used value price is 4k below full purchase price.This again seems to me not to be in keeping with the Act.

Without the job cards proving date that the car went in for repair I am unable to establish my claim for return of purchase price.I have indicated that these repairs must have been completed under a warranty claim with the manufacturer but the manufacturer has also failed to provide any information.

Advice welcomed in how I can obtain the job card information or do I merely have to accept either the dealer`s offer or finance company.

With thanks.

[des8]

When did you first take delivery of the vehicle?
Can you list chronologically the dates on which it was returned to the dealer and then returned to you?

[ibrox1]

Hi

19th May 2019 Took possession of car
24th May 2019 First warning light failure and car taken to dealership;Time to fix same day.
13th June 2019 Warning light failure and car taken to dealership.Time to fix same day.
End July 2019 Warning light failure and car taken to dealership..Time to fix same day.
September 2019 Warning light failure taken to dealership.Off road 4 days.
Oct 2019 Warning light failure taken to dealership.Off road 7 days.
December 2019 Warning light failure.Off road 2 weeks.
February 2020 Warning light failure taken to dealership.Off road several weeks.
Feb 2020 Formal written rejection of car
Mar 2020 Warning light failure taken to dealership.Off road since then.

Between this week and last week garage phoned and confirmed yet again car road tested and can be picked up.

[des8]

On the basis that this is the same problem that keeps resurfacing I would suggest you argue that the car was unsatisfactory when delivered.
You allowed them numerous attempts to correct the problem, but they have failed to do this and the vehicle remains unsatisfactory.
As the clock stopped ticking when you first reported the unsatisfactory condition of the vehicle your rejection is in accordance with your short term right to reject and you require a complete refund of all payments made.

They won't agree without a fight, but tell them you are not interested in job cards, that is their problem and having accepted the rejection they have two weeks in which to make refund (CRA2015 sec 20 (15) and they are liable for 100% of the refund

[ibrox1]

Hi DES8

Thanks very much for your welcome advice.
For the avoidance of doubt as the car was purchased through PCP is it the dealership who have yet to commit to any decision on rejection or the Finance company who are the legal owners of the vehicle who do accept rejection that I address these comments.

[des8]

It is the finance house who are liable, and it is they to whom you write

[ibrox1]

Hi DES8;

I will write to the finance company after receipt of their email confirming acceptance of rejection. Currently,I only received a phone call informing me that the finance company accept rejection accompanied by an offer to refund 3 months payments plus £250 goodwill.
It seems sensible to do this as I wouldn`t want to be in a position where the finance company could deny they had accepted rejection.?

[ibrox1]

I have written to the finance company welcoming their acceptance of car rejection and asking for a full refund in line with Consumers Rights Act 2015
(The first 30 Days) .

While the Finance company have accepted rejection they have not confirmed acceptance within the first 30 days.
As there is a substantial difference between what the act provides to the customer in real terms in days 1-30 and second month up to 6 months where the dealership are able to deduct for usage I am concerned the Finance Company respond as they have been unable to confirm the date when the car went in first for repair they would be unable to offer a full payment refund.
I recollect that when the car broke down the first time which was 5 days after receipt of vehicle that I contacted the dealership and had to book the car in for repair which occurred a few days later(well within the first 30 days)..
In theory as booked in the dealership will have records which confirm this.
However given the dealerships reluctance over 5 months to provide records I am concerned that their records do not compare with the facts.
How can I then prove that the car was in for repair within the first 30 days ???

Secondly the offer made by the finance company in accepting rejection is of 50% of the monthly payments made between February 2020(Date I wrote to them formally rejecting car) and July 2020 bears no relationship to the Act.I understand that 50% was arrived at was due to Coronavirus situation where there was limited staff within Finance Company,Dealership and manufacturer to deal with my claim for rejection.

Am I right in that as I was still making payments,and for for a substantial period (90%) of the time the car was in the garage for investigation for a second or third time and/or repair,although after a fight got courtesy car that the basis of settlement does not make sense ?

Appreciate any further advice.

[des8]

Regarding the short term right to reject:
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.

That means the clock is stopped until the goods are returned in a satisfactory state.
The continuing failure to make the goods satisfactory (as evidenced by continual failures) means IMO that the clock never restarts and you are within the thirty days.
Your word plus family/friends should be sufficient, and do you think they would perjure themselves if you initiated a court claim?

Once rejected you should really have ceased using the vehicle, but in any case the finance house are out of line with that offer.
You must point out what their responsibilities are under the act, the time limits for refund once rejection is accepted.
Their inability to confirm this that or the other does not override statute.
Warn them their delay is costing you and that your remedies include damages, which you will seek if they don't act in accordance with the law

[ibrox1]

Short term right to reject
Grateful for your comments which confirm that my accepted rejection by the finance company should be assessed as a short time right to reject
first 30 days.I note your comments about goods never satisfactory which stops the clock ticking on right to reject.
I am sure family/friends would recollect and be prepared to go to court if date first went to dealership becomes an issue.
My wife and myself recollect taking the kids to a zoo in our new car when the engine warning light telling us not to use and contact dealership first came on and we even have pictures and time dated info.I even remember what the dealer said and what he did to the car..
If the finance company accept rejection then I expect they will have done this in conjunction with the dealership and acceptance of rejection is no longer an issue and this is just about the date of rejection and the terms that apply as defined in the Consumer Rights Act 2015.??

I understand now that I should have ceased using the car but I had no knowledge of the Consumer Rights Act..In addition the dealership kept telling me the problem was easy to fix and assured me this was done every time.With the benefit of hindsight I should have got something in writing from them.
My perception without knowledge of act was the easiest solution was always get fixed and mobile again,until it became blindingly obvious this was never going to happen.I was trying to work with the dealership to get a solution.

I have told the Finance company about their obligations under the Act.time limits for refund once rejection accepted.
Once they reply to that I`ll remind them about delays and I could sue for damages if they don`t act within the law.

I had also contacted the manufacturer weeks ago asking for their assistance and to cut a long story short,they sent me an email today,saying they have in touch with all the parties involved(Finance company and Dealership) and they will email by Friday 31st July 2020 with options to consider for resolution but not strictly on the basis of an accepted rejection under the Consumer Rights Act.but presumably would be after verifying with finance company.

[des8]

It is better not to enter into conversations with these people unless you send written confirmation.

I don't understand why you contacted the manufacturer unless it was to discover if there was a known problem with this model.

This is all about you getting back what you are due according to the CRA 2015.
The date of rejection was Feb 2020 in writing (unless you earlier made it plain you were rejecting vehicle)
You exercised your short term right to reject.

[ibrox1]

I understand what you are saying and I did contact the manufacturer in writing.
To explain, after I wrote to finance company rejecting the car there was absolutely no movement with my claim for several months other than the Finance company indicating they were powerless without job card information to confirm my claim.The finance company were trying to obtain information from the dealership and I was as well both without success.The dealership indicated they were unable to help without authorisation from their legal team at HQ.My claim went round in circles and I thought it prudent to involve the manufacturer to exercise pressure on the dealership to release the relevant documentation to the finance company which they promised to do.There was also the possibility as the dealership must claimed the manufacturer through warranty claims for works completed that manufacturer had the requisite information.The manufacturer may have wanted to resolve by offering a new car as replacement.
I was simply trying to effect a breakthrough in the blockage which prevented my claim being dealt with.There were also issues with the dealership saying car had been repaired and demanding return of courtesy car even after they were aware of formal rejection.
It was very messy.

Hopefully,now that I do have acceptance of rejection by the finance company,(they say still without job card info) that it is agreed as a short term rejection,and I will be provided with a full refund for payments made in accordance with the act.

I will only now deal with finance company and not enter into debate with manufacturer or dealership and keep it simple.

[ibrox1]

Just trying to find out what I do next as the finance company while accepting rejection 14 days ago have failed to contact me or make refund under terms of Consumer Rights Act 2015.The only contact was 3 weeks ago ago to tell me they accepted rejection and made an offer of settlement not in keeping with the legislation.I then immediately wrote as you advised giving them 14 days to make settlement as per act which is now expired.

[des8]

So write telling them they have seven days to comply with the legislation.
If they fail you will initiate county court claim without further reference to them.