Faulty Used Car - Right to Reject

[Guest]

Hi there,
I need some advice as I've never been in this position before.
I bought a used car on the 25th April 2021. It cost me £4000 which is a lot of money for me as a single mother.
10 days after buying the car I had a Red engine management light and called Green Flag. They said it had a major failure. I contacted the company and they agreed to collect the car and have it repaired.
They returned the car to me on the 10th May. With a receipt from a garage stating £80 for a new fuel injector and £60 labour. I was concerned about this as after doing some research I found that a new injector is upwards of £200.
However the car appeared to be running. Over the next week or so I noticed problems. Mpg very low and odd jerking from the car and then on Friday 21st May I got the Red engine management light again. I had it diagnosed again and it is showing the same major fault they said they repaired as well as another fault on top.

I contacted the company yesterday and informed them that I am rejecting the car because it has a major engine fault. I have asked them to collect the car and issue a full refund. I am still within my 30 days and I do not trust them to repair it again as I feel it was not done correctly last time and has possibly caused more damage since.

Am I within my rights to do this. I have asked them to collect the car as I dare not drive it.

So far this hassle has made me miss 5 days of work as I commute to work and cannot get there without a car. This has now caused me problems as my employer has requested a disciplinary meeting because of the 5 absences within a month. I also cannot afford to loose anymore pay. 1 week of pay is a lot to me and I have just blown any savings I had left on a cheap £700 car so I can get to work next week and prevent myself getting the sack!

I am stressed and worried about my Job and have a feeling that this company is going to refuse a refund.

[des8]

You have acted entirely within your rights as bestowed by the Consumer Rights Act 2015

If you don't receive a satisfactory response (ie agreement to refund you fully) you will need to write a "letter before action"
and be prepared to initiate court action.
We can point you in the right direction

Good luck with your disciplinary... perhaps Ula can give you some tips on managing that

[Guest]

Thankyou so much for responding. The whole situation is worrying me so much.

Can I find an example of a letter before action online?

The garage has no email address so my initial contact and request for a refund was via WhatsApp on Saturday after I had the diagnostic check done. He responded to say he will have the manager call me tomorrow (Monday) So I have proof they are aware of my request. I have also sent the same request via the autotrader contact form.

My 30 days run out on Tuesday so I wanted them to be aware of my rejection before it runs out.

I am heartbroken with what has happened. I bought it because I needed a reliable car for work and it has caused me nothing but problems and now I am down a weeks pay and the cost of this £700 car, all in under 30 days!

Do I have the right to ask them to collect the car or will they demand its delivered? What happens if they collect the car before I get a refund? Should I get them to sign something to say they've collected it?

Sorry I have so many questions

[des8]

You purchased car 25/04 and it was with the dealer for 5 days (during which time the clock is stopped) so you have until
30th May to exercise your short term right to reject.
However you exercised that right yesterday, so you were well within the 30 day time limit

You have a duty to make the vehicle available for collection, the trader bears the cost. You do not have to return the vehicle.
If you are concerned you can ask them for a receipt when it is collected (or film them driving off in it!)

[Guest]

I did actually think about filming it! If they collect the car before I receive a refund I need some sort of proof they have taken it. I thought about writing a letter/receipt and getting them to sign it.

If he says he will repair it I will state that the only way I will accept a repair is if it is done properly by a main dealer at their cost. I know they won't do this as the cost of repair could be 50% of the cars value.
I am dubious about their company now. I believe the last repair was not actually completed which in itself is illegal or at best a scrap yard part job. I have also still not received the log book. I rang the dvla and questioned this and after checking the reference number on my green new keeper slip they stated it was an old logbook and no longer valid as another logbook had been issued after the one he gave me.

[ostell]

I wouldn't accept a repair now, it sounds as though there is a serious problem. You were good to him, you allowed him an attempt to repair though within the 30 days you did not have to.

Confirm your WhatsApp conversation with a letter sent first class mail with a free certificate of posting from a post office. This is just to set up the paper trail.

[des8]

I would not accept a repair at all.

I wouldn't trust them an inch...you were even given out of date green slip!
Did DVLA say to whom the new logbook (V5) had been issued?

[Guest]

To be honest I don't want a repair as I don't know what damage could have been done to the engine between the last apparent repair and now. But I know that's what they will push for. I will stand my ground and request the refund.

The dvla said it was listed as trade vehicle.

I feel like I've really been done over

[Guest]

Well the dealer contacted me today. He tried to minimise the fault or even deny there was one. I told him I was using my short term right to reject for a full refund and that the vehicle is ready for collection. He spoke about repairing it and I stated that the only way I would accept a repair is via a Nissan Main Dealer (who I rang for advice beforehand) and explained that if they did go this route I would also be asking Nissan to examine the work they claim they have already done. I would also be reserving my right to reject the car if the repair does not fix the fault.
They said they would ring me back and let me know.
Needless to say they haven't. I have now sent a letter outlining my position (word document via WhatsApp) and informed them they will also be receiving a copy via post.

I politely reminded them that if they prolong the situation and it results in a legal proceeding they will also be liable to any costs incurred by myself as a result of the significant inconvenience it has caused, including any lost earnings ect.

I also asked them to let me know if they are a member of any organisation that offers Alternative Dispute Resolution and to only contact me via WhatsApp or email moving forward.

Hope I've done the right thing

[ULA]

Hi Madamhusky I have been tagged to help on the disciplinary part of your issues. can I just ask some questions:

Did you at any point explain to a manager/HR about the issues you were experiencing with your car?
Was there any other form of transport e.g. bus or train that you could have taken to get to work instead, even if you needed to ask for flexibility in your hours?
Was there any possibility to work from home?
Does your company have a specific policy on absence from work of 5 or more instances in a month?
When is the disciplinary meeting?

[des8]

In wouldn't have agreed to any repair.
Did you give them a time limit?

[Guest]

Hi des8

Yes I have given them 14 days to make their decision. I agreed to a repair on my terms only (after seeking advice from the main dealer). So long as they cover 100% of the cost and collect the car to take there. I don't think they will do this at all as they will be aware of the cost.
It is financially better for them to refund me at this point.

I will await their response now but I have a feeling I will have silence for a while.

Question? He kept saying his manager would call me. Checking them out on Companys house its says a dormant company and says employee numbers Nil

Hi Ula I have agreed to meet with them when I return. They are aware of my situation. I commute 30 miles to work and work in the middle of nowhere. No public transport links. Things like this can not be helped and I have asked them whether they would prefer me to work from home or take it unpaid. They said we can discuss possibilities for making up the time. I'm sure it will be OK once I explain the situation fully and I have now sourced a vehicle to get me there tomorrow so I'm hoping that earns me some brownie points

[des8]

Dormant company as defined by Companies House means there have been no significant transactions during that financial year.

[ULA]

Thanks for the update. If you do need any further help with your employer just make a post on this thread and then type "tag @Ula" and it will notify me.

Hope it all goes well with your employer.

[Guest]

Contact from the company today. They have completely ignored my request and told me they will pick the car up and take it for a diagnostic check by a mechanic.
Am I right not to allow this. They could do anything to the car while they had it. Remove fault codes.. Repair things they should have repaired the first time.
I am going to say no and that if they want a diagnostic check I will arrange one at a garage near me and they can attend. Do you think that's sufficient.
Citizens advice basically said I should let them take it.
I could do this but would pay for a full check doing myself first so I have proof if they falsify anything
Confused as to what to do.