Used car serious failure shortly after delivery

[IZeew]

Hi all, advice on how best to proceed would be greatly appreciated.

I bought a car that was delivered in mid August from an independent trading garage. The ad said that it drove superb with no expense spared on maintenance. When it was delivered I took a video showing it having two faults registered on the dash computer. One saying engine service required, and one for the park assist.

I drove the car and it seemed mostly okay except I noticed it would not rev the whole way and would occasionally go into 'limp mode'. I drove the car for around 500 miles and booked it into a local dealer for service and diagnosis of the listed faults. Due to Covid they could not fit me in until the 30th.

Since then, the car performed worse and worse until today on a relatively short trip it dumped a load of smoke and died on the road. Obviously I am livid having paid £5k for a car that is clearly faulty. The mechanic who picked it up thinks it is a major fault, not a minor one as I originally thought. His advice was to return it. I'm going to call the dealer here, but what is my best course of action for ensuring I get my money back here? Specifically:

Do I go the Consumer Rights Act route saying as I have a video showing it was faulty on delivery?

Do I go the Section 75 route given I paid by CC?

What is the correct order in which to proceed? The right to reject will expire in mid-September.

Please help

[IZeew]

Oh another point is I bought the car entirely at distance and at no point was I informed of my rights under the Distance Selling Regs. Would this be a better avenue to pursue? I'm outside the 14 day statutory period, but as I wasn't informed I believe this extends to a year? The car was £4000 and so I do not consider that this kind of failure is reasonable.

I'll be very grateful for your advice.

[ostell]

So if it is within 30 days then reject under the Consumer Rights Act

[IZeew]

This is awful. I can't stop thinking about it and feel so stressed. I didn't sleep at all last night. I hope the delaer fulfills his obligations.

[ostell]

So have you written to the dealer telling him that you are rejecting the car under the short term right to reject of the CRA 2015?

[IZeew]

Hi Ostell,
No, not yet. The car had warnings on when delivered so I booked it into my local specialist for that make but they couldn't get me in until 23rd. In the mean time I needed to use the car as it's my sole means of transport around here. I discussed the faults with the dealer on Tuesday and he agreed to pay towards the repair of one of the faults as he considered them minor and the dealership is a two hour drive away so he said returning it was unfeasible.

However, the latest fault happened on Saturday after the dealer shut and it's a major engine fault meaning the car died. The recovery mechanic told me he would send it back and that the fault wouldn't have been obvious unless you'd experienced the car new.

I have proof that the vehicle was faulty on delivery (video). I rang the dealer today and rejected the car but the lad who picked up said I needed to speak to a specific person who isn't in until Monday. I'm going to speak to him tomorrow formally rejecting the car to him. I'll send the letter the same day if he refuses, and should I also lodge an s75 the same day if he doesn't agree to the refund?

I'm trying to figure out my course of action here. 30 day period under CRA runs out shortly.

[ostell]

Send the letter, you need the evidence trail. Get a certificate of pisting from a post office. Verbal agreement means nothing.

the agreement to accept a repair could make life difficult but at least you have a second fault. Get that documented

When you inform them of the error then the 30 day clock stops until they repair

[IZeew]

Will do. Thanks for your help so far.