Used car woes within 30 days - looking for help with the consumer rights act 2015

[Odie73]

Hi Guys,
I'm wondering if anyone could give us any advice. My wife bought a car from a dealer back in May. The car showed a fault (engine light, limp home mode) in the second week of ownership. The dealer tried to fix the car several times, although I'm not sure they did anything as the fault reappeared within a week or so. They have tried to fix it several times now, and are very difficult to talk to, they did tell us we need to 'put the more expensive petrol in' to fix it, but when I phoned to query as this had been going on months he became very rude. I did suggest we would like to just get our money back, and verbally he said he wouldn't do that. Long story short, they have the car currently, We were told it was an injector (again) but now they have had it for nearly three weeks and giving no indication on when it will be fixed (apparently the manufacturers garages are fully booked and it needs a software update?) we are really at the point of just wanting our money back. There are a couple of other smaller issues with the car too, but this is the main one as she cannot drive it to work (down a busy A road).
Am I also right in saying that as the fault was found in the first 30 days, we are still within the 30 day period of the consumer rights act as the fault has still not been resolved?
Sadly she is extremely stressed anxious at dealing with them and I just want our money back and to return the car. The fault was in the first 30 days, so I believe legally we are entitled to do this, I just wondered if anyone could help with the correct way to go forward? I'm guessing we first email stating we would like to return the car as it has been faulty since purchase and despite many attempts, it is still not fixed. At this point do we give them 14 days to comply? OR should we first ask for the car to be repaired within the next 7 or 14 days? Would that be reasonable, but state if it is not fixed we would like to return it? After this, assuming they refuse, do we send an LBA?
I've read through all the similar cases on here I can find, but any guidance to how best to move forward would be greatly appreciated.

[Pezza54]

Under CRA 2015 the consumer has a right to reject goods if a major fault appears within the first 30 days of taking delivery. The 30 days excludes "waiting time", the time you are without the car when it is in the garage. As the serious fault with your car appeared within 30 days you could have rejected the car straight away, asked the dealer to collect the car and hopefully received your money back within 2 weeks.
After 30 days and within 6 months the dealer must be given one chance to successfully repair the fault. If the dealer fails to do this the consumer can reject the car.
In your case it doesn't matter whether the 30 days have been exceeded. You have given the dealer a chance to repair the fault and he has failed.
Yes you should send LBA to the dealer, citing the major fault and your right to reject under CRA 2015, asking for your money to be returned in full.
Say you will refuse to take redelivery of the car and will not be held responsible if it just left outside your property or parked in your road

[Pezza54]

I have just read Snork's thread started october'22 about a car he purchased and rejected early 2022. Snork is still chasing a dodgy dealer for money.
There is a chance you could end up in the same position.
You could accept the car back, if necessary pay a garage to correct the fault and make a court claim to recover your costs.

[Odie73]

I have just read Snork's thread started october'22 about a car he purchased and rejected early 2022. Snork is still chasing a dodgy dealer for money.
There is a chance you could end up in the same position.
You could accept the car back, if necessary pay a garage to correct the fault and make a court claim to recover your costs.

Thanks Pezza, its a complete nightmare. I think we have to at least give them a deadline to return the car fixed or provide a refund, as they are just holding it indefinitely, with an occasional message like ' we are trying a different garage for the update, will let you know soon' kind of thing. I have no confidence that the problem is related to a software update anyway to be honest, none of the previous fixes (if they actually did anything) made any difference, I do wonder if they are just stringing us along. I did read someone was successful with a debit card chargeback, I will look into that, I assume I have to have already demanded my money back and been refused before trying that? Thanks again for taking the time to reply, its very much appreciated.

[Odie73]

Thanks Pezza (I did just write a reply but it seems to have disappeared). Currently they have the car with no clue of when it is going to be fixed. We get the occasional 'all the garages are busy, trying another that has the right machine, should be soon' kind of thing. I have no confidence that a software update will fix the problem tbh. Its a 2011 car, so the cost is well in 'small claims court' territory if it goes that way.
I wonder if we should at least demand the car back fixed within X amount of days? And if not try a legal threat, I think my wife is prepared to go to the small claims court if needed.
I did see another thread where someone successfully managed to get a debit card chargeback for a faulty car. I assume we would have to have asked to return the car for a refund first in writing and been refused/ignored before we start that process?
Thanks for taking the time to reply. I really appreciate it. This things can be so stressful, have any helpful resource available does lighten the load.

[Odie73]

I can't seem to reply to this thread for some reason - third time lucky?
Thanks Pezza for your reply, I appreciate you taking time out. Its very stressful and any help and resource is very welcome and helpful.
Currently we have no indication of when the car will be fixed, just very vague updates every now and again to say they are 'trying another garage to get the software updated' or similar. I am very dubious that even if they update the software it will stop the misfire/limo home mode issue. I do wander if they are just stringing us along.
I guess I should give them a deadline for repairing the car? Maybe 7 days and state that if they can't we would like to return the car. Get it on email/writing and see what response we get.
I did see someone on here successfully managed to chargeback their debit card. I wonder if that is an action we could try if they refuse to refund/don't respond? Trying to talk to him is almost impossible, my wife can't get a word in edgeways and when I spoke he just got very angry.

[Pezza54]

Did you read Snork's thread? You said the dealer became rude and angry when you complained. If you write to reject the car and demand a full refund within 14 days do you think there is good chance the dealer will keep the car and refuse a refund as in Snork's case.
Getting the car back, paying to repair the fault and then asking the dealer to pay the bill cost is known as a partial refund in CRA 2015. If the dealer refuses to pay you can then make a court claim. With this route you have got the car and your claim is for a smaller amount.
If you are worried about making a court claim yourself you can always get advice on this website.

[des8]

It looks as if you might end up with a court claim no matter which route you take, reject or repair elsewhere.
So from now on do not speak to the trader, but keep all correspondence in writing, as that will build up a chain of evidence

[Odie73]

Thanks guys - we have basically now sent the 'which' rejection letter, albeit via email. And will see what reply we get. At this point they just have the car indefinitely and I have no faith in a fix so I don't think we have much to lose.
Could I just ask if I am correct in my understanding. That as the fault appeared in the first 30 days. and they have still not resolved it, even though we are three months in, we are still entitled to reject the car without any further attempts at repair, as the clock stops until the fault has been resolved?
I ask because I am pretty sure they will now contact us and tell the the car is being fixed and we can have it back, and at this point we just want the money back. Otherwise I think this will drag on forever with less and less chance of any money back.
Also do you have any advise on if they decide to just drop the car off here, attempted fixed or not?
Thanks for all your help.

[Pezza54]

Yes you definitely have a right to reject the car under CRA 2015. See the 2nd para of my first post.
Refuse redelivery of the car and if you see the car parked outside write saying you are not responsible for it.
If the keys are posted through your letterbox return them to the dealer.

[Odie73]

Thanks guys, we got our money back without having to resort to courts. Thanks for your time, much appreciated.

[Pezza54]

Great news. Not a dodgy dealer after all.