Used Car Significant fault within the 1st 30 days - Dealer giving me the run around

[danny_t65]

Hi All,

I purchased a used car (Hyundai i40 for £5895) from a trader / dealer on the 2nd July 2022, before i purchased the car i expressed concern that the coolant level was low, the trader advised that he would get this checked out when the oil was being changed before i was due to pick up the car.

When i collected the vehicle he said that it was topped up and his mechanic checked it and there was no leaks or anything. On the 23rd July 2022 i noticed the coolant had dropped so i booked this in with a local garage on the 26th July 2022 for it be diagnosed, if it was a leak i had assumed that the 3 month warranty the vehicle came with would cover this. The local garage quickly came back to me and stated that the radiator had a hole in it but more worryingly the entire coolant system only had water in so must have been leaking for some time. They also went on to say that from the pressure tests they carried out there was a build up of pressure in the system and that they suspected the head gasket was failed, they advised that i should send the vehicle back based on the short time period and little mileage covered.

On the 26th July 2022 i sent a whatsapp message to the dealer explaining the problem and said that based on the consumer right act 2015 i was rejecting the vehicle for a refund due to these significant problems. I got a response back saying he was away for the week and he would call me when he was back. I immediately drafted a letter before action (template downloaded online) rejecting the vehicle stating that he had 14 days to arrange a refund and collect the vehicle as per my rights, this letter was signed for by the dealer on the 27th July 2022.

I heard nothing back so i called up the dealer this morning and he has just given me the run around, at first he didn't even acknowledge the rejection letter! He said that he would wanted to have it diagnosed by his mechanic i said no because they didn't pickup the problem in the first place, he then said he will take it to another reputable garage near him (the dealer is 100 miles away). I have stated that i had not been using the car as it had a significant fault since it was diagnosed and so did not want to drive it 100 miles down the motorway to him, he replied saying that that i had done 700 miles in it and he couldn't just take my word for it, my response was that i would be happy to take the car to Hyundai main dealer for it to be diagnosed (as they are impartial) but he didn't want to agree to this because he said that Hyundai would charge too much and rip him off.

I'm a little unsure of where to go next as i don't feel safe taking the car 100 miles back to his preferred mechanic and also he just seems to ignoring my rejection letter?

Apologies if i haven't worded this great, very new to all this and i just need to get my money back as this car is used to transport my 6 month old daughter around and i have already been left out of pocket.

Thanks in advance
Daniel

[des8]

So you have rejected the vehicle.
Your notice of rejection was signed for on 27th July.
You gave him 14 days in which to respond, and yet chased him for a response within 3 days!
You must allow him the 14 days before proceding further.

He has the responsibility to make the refund, and you must make the vehicle available for his collection.
You do not have to take it back to him.

Do note that having rejected the vehicle within 30 days of taking delivery you have to prove the vehicle was unsatisfactory at the time of delivery.

[danny_t65]

Hi Des,

Thank you for your reply, I sent the formal letter of rejection so that there was written proof I had rejected the vehicle in case there was any dispute of this. I chased him up within 4 days with the hope we could get something resolved without going further.
I imagine the only way the prove the fault was pre-existing when I purchased the car would be to pay for an independent assessment from Hyundai, although the dealer doesn’t want me to take it there, I may just pay for that at my expense. Do you think that would be the best course of action at this stage?
Many Thanks I really appreciate your help.

[des8]

A written diagnosis from your garage might be sufficient, if the matter should reach court.

A Hyundai assessment, if in your favour, will certainly strengthen your case, and you could add the cost to your (eventual) claim

[danny_t65]

Thank you des,
so am I correct in thinking he cannot just reject my short term right to reject because I won’t return the car to his own mechanic? He also still seems to think I have to return the car to him. Thanks again

[des8]

You do not have to return the car to him, but you do have to make it available for his collection, (unless there is an agreement that you return the goods)
CRA 2015 sec 20 (7) & (8)

[danny_t65]

Thank you, so according to the short term rejection there is no rule that states that I should have to let him take it to a garage of his choice? He seems to think he is entitled to take it to his garage? Bearing in mind his mechanics ignored the fault or didn’t spot it originally I am very skeptical. Thanks

[des8]

The respective rights and duties of both parties are as per CRA 2015.

It is for you to prove the car was unsatisfactory.
It is for you to show it was unsatisfactory as it failed to meet the criteria set out in CRA 2015 sec 9 (2) & (3)

The trader may (probably will) dispute your assessment and claim he has all sorts of rights.
Obviously he can have the vehicle examined by his own mechanics, but any findings they make do not remove your rights
He may claim (incorrectly) he has the right to repair the vehicle and return it to you. Just tell him he is wrong, unless of course you are happy to have him attempt a repair.

[danny_t65]

Thanks Des, assuming he agrees to pick the car up and gets his garage to dispute my findings I imagine I have then got to get the car 100 miles back home to me so that I dispute it again? If I say I will pay for Hyundai to impartially diagnose the problems surely he can’t dispute that?

[ostell]

You have already been to one garage who diagnosed the problem. Get that in writing.

[danny_t65]

Hi all,

i have got that in writing from the 1st garage and I have now just had Hyundai check it and they have found said the that the coolant is brown in colour suggesting leak from oil passage / combustion chamber into water coolant and also signs or previous excessive pressure indicating fault.
The trader is simply saying that he wants me to return the vehicle to him at my expense so he can get this checked by his mechanic. I have already spent 200 today having the car recovered to Hyundai and 100 diagnostics. My concern is that even if I return the car to him he will argue the fault and then saying I got to get it recovered back to me. It is in his obligations to have to car collected at no cost to me! When he gets the car back can someone advise where I stand. Apologies if this sounds all over the place, this has caused me so much stress let alone the financial cost.

[des8]

When he eventually recovers the car to his premises doesn't really impact on your rights.

CRA 2015 sec 20 (7) is clear that from the time when the consumer rejects the goods the trader has a duty to give the consumer a refund,

The trader is still, within the 14 days your letter gave him to resolve the matter.
It might be worth sending him an email reminder, and tell about Hyundai's findings.
Also tell him that besides the refund you are now seeking reimbursement of your costs of £xxx
These are costs directly arising from the supply of unsatisfactory goods (i.e. damages).

Did your letter warn him that you would if necessary initiate court action?
This trader sounds like one who won't comply with his duties unless you act firmly

[danny_t65]

Hi Des,

Thanks for the response, He messaged me this morning asking for an update regarding hyundai's findings so i have updated him with this and heard nothing back since. I am happy to give him to the end of the 14 days. My initial letter of rejection did warn of initiating court action, i got a temple from the which web page.

In earlier messages when i informed him i was getting hyundai to back up the original garage's diagnosis i said that i would pay for these costs as a good will gesture to get the issue resolved amicably and swiftly, however in the event it went to court i will seek to claim these costs' back.

I agree i think he is the sort of trader who will not comply easily, he still seems to think it is my responsibility to get the car back to his premises for an inspection even though i have pointed out it isn't and that there was no contract at point of sale stating i have to do this.

Thank you for keeping me sane i really appreciate it.

[des8]

Good luck, and please keep us updated as it may help others

[danny_t65]

Good News, the trader has messaged this morning and said he will get the car collected on Thursday. Is there anything i need to do before to the car leaves to cover myself e.g. get the delivery driver to sign something or anything like that? I am hoping the refund will follow when the car arrives back at the trader.

Thanks
Daniel