Used Car Fault - what qualifies us to reject it?

[Bronwyn]

Hello, and apologies for creating yet another used car thread, but I can't seem to find specifics that help me with this particularly issue.

We bought a used car less than a week ago - it was sold to us with no faults, and with an MOT carried out by the dealer with no advisories. They made a particular point of stating that they didn't sell any car with advisories on the MOT, and also drew attention several times to their AA Approved status implying that this meant they *had* to ensure the cars were of good quality/they were more legally compliant etc (I thought that AA Approved was just something dealers paid for to have a 'badge' and to have cars advertised on their website). The dealer also mentioned repeatedly during the viewing how 'immaculate' the car was.

Whilst test-driving, I noted the air-con wasn't working (it was 25 degrees that day). The dealer tried to insist it was cold when it really wasn't (this did ring some alarm bells at the time), I said that it would need to be fully working. Dealer agreed to fully test and regas the system before purchase, which they did.

Three days after the sale (and less than 150 miles driven), the engine management light came on, accompanied with a strong emissions/exhaust smell. We've also realised that the 'stop-start' function doesn't work (this could have been deactivate due to the fault code though), and that a replacement windscreen had been fitted rendering the rain-sensing wipers, automatic headlights and heated screen non-functioning. We didn't notice these faults prior to driving it, although I did mention the stop-start during the test drive (having never owned a car with this function) and the dealer made no mention of it not working.

I have an OBD scanner/reader, which tells me that the fault is a P0420, so is related to the catalytic converter.

I've emailed the dealer outlinging these problems, and suggesting that the best recourse might be a refund as I need a fully operational car for work, and this fault could take them time (and money!) to fix. I should add that the dealer is a 2-hour round trip away (in good traffic), so I really do not have the time to take it back and fore. They replied very quickly apologising for the fault, and saying that they will fix the engine management issue ASAP and 'hopefully before the weekend'. Regarding the windscreen, they say that is out of their remit as it was on the vehicle when they purchased it, causes no mechanical defect, and the rain sensors, auto headlights and heated screen were not specifically mentioned in the advertisement. They have offered to have their mechanics look at these issues and if a staightforward fix, they will do this free of charge as a goodwill gesture, or find out the cost of repair and offer to do this (at our cost) if more complex.

The car was sold with a 'full service history', although this consists only of stamps in the service booklet. We have no receipts of any work done apart from the dealer's MOT. This particular car is known to have issues with the timing chain (it's a Mini Cooper) after 100k miles, and the fault code could well be in relation to this problem. I mentioned this known model's fault during the test drive and was told that it would be very obvious/noisy if the car had this fault (which didn't really have anything to do with my question which was specifically 'has the timing chain and tensioner been replaced, as I know this is a known issue with these cars').

I've had bad experiences with used cars and dealers in the past, so my faith is easily shaken, hence me asking for objective opinion and advice here. Despite the 'extras' not being advertised with the car, surely the fact there are specific buttons/switches relating to the lights/heated screen etc, along with their not working not being pointed out at purchase mean that the car is not as described? Where's the line here - there are windscreen wiper stalks/headlight switches etc, but these weren't specifically mentioned either in the advert, so are they also not covered? The EML so soon after purchase (and the code being potentially a serious one) is alarming, and having consulted mechanics specialising in Mini, they (without having seen the car) suggest that this could be an expensive problem to fix.

Do I have the right to reject? Or, do I have to accept the dealer's offer to fix the problem? How can I be assured that the problem will be fully fixed, and not just temporarily remedied? Would it be prudent to get an independent garage to diagnose the car before returning it to the dealer for repair? Do I have any rights to a courtesy car whilst they repair it?

Apologies for all of the questions, I've attempted to outline the situation as fully as I can.

[des8]

If you have not accepted nor agreed to the dealer fixing the faults (i.e. bringing the vehicle to a satisfactory condition) you have the short term right to reject the vehicle. You do not have to accept the repair.

If you do reject you must make the vehicle available for the dealer to collect at his cost.

How did you pay for the vehicle cash/debit card/credit card/finance?
If finance you must keep the finance house informed you are rejecting the car

[Bronwyn]

Thank you for the reply. I haven't responded to the email yet. My initial email to them didn't ask for a repair either, but just said that I felt a refund would be the best option given my need for a working car right away, and not having the time to wait for a repair/travel back and fore, and that as it's likely a cat replacement could be very expensive for them.

The invoice states clearly that the buyer must return the vehicle at their own cost, but we're fine with that. We paid part cash, part BACS. I have already received the logbook in my name, and of course insured and taxed the vehicle, so will lose money on cancelling insurance and only getting full months of tax refunded.

I imagine they will try to insist on a repair instead of a refund, so how should I word my email response to try to avoid them doing that? I gather they have to refund within 14 days, but as we paid part cash, does that still apply?

[des8]

You only have to write to them confirming you are exercising your statutory short term right to reject the vehicle and require they collect the vehicle at their own cost and refund the full purchase price.

If they baulk at this, just firmly refuse any offers or requests to repair. They do not have the right to insist.
The invoice requirement for customer to pay cost of return has no effect and cannot override their statutory obligation
You could, if they play hardball, tell them you are considering court action to recover your losses (insurance and tax) as allowed for under Consumer Rights Act 2015.

They have 14 days from agreeing the vehicle is unsatisfactory to return your money, which is to be in the same manner as you paid i.e. part cash part BACS.

[Bronwyn]

I'm about to email the dealer politely refusing their offer of a repair, and stating that I'm exercising my statury short term right to reject. I'm confused by this section of the CRA:

(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.

If the onus is on them to collect, perhaps I could offer to 'compromise' and return the car at my own cost if they process a refund immediately, but if they were unable to do this they would have to collect at their cost?

[Bronwyn]

Dealer agreed to refund today on return of the vehicle, via email. However, they later phoned to say that they had 'lost the code' to the safe, so would only be able to refund the bank transfer part of the transaction today .... I understand that refunds are to be made via original payment method, but in this instance can the dealer not return the whole amount via bank transfer? I don't believe for a second that they have lost the code!

[des8]

You can come to any agreement which suits you both.
Being cautious though head any offer you make which is less than your rights "without prejudice"

[Twobridges]

If you want to buy a car $30.000 is a pretty decent budget. But you will need to pick from used cars to make the most out of it. It may be a bit scary bit possess any knowledge regarding cars it's simple, if not just ask a friend for help. As for the places to buy a used car, take a look at Mazda for sale https://carbuzz.com/cars-for-sale/mazda here. Plenty of cars for a fair price.

[ostell]

Why do you think that people in the UK would buy a car from the USA.?