Another used car help please

[Cry491]

Hi,

I purchased a car from a dealership on the 8th august, nearly 2 weeks later the EML came on. I contacted the dealer after taking it to a garage to diagnose and they agreed to pay for a new DPF filter.

Last week, 10 weeks after getting the car three more faults get diagnosed, EGR problems and faulty nox filter, EGR is to do with the DPF I believe. I emailed the garage as below:

Good afternoon,



On 8th August 2023 I purchased, and took delivery of, the above vehicle (car details) from yourselves. On the 21st August 2023 I discovered a fault with the DPF filter which you agreed to cover the cost of any repairs, this was done on the 8th September 2023.

Unfortunately, more problems have occurred once again with the engine management light coming back on. I took the car to the same garage who carried out the work on the 8th September and they diagnosed three further faults which I have attached with this email.

The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality which I don’t think the above car is of satisfactory quality given it’s age and mileage and only owning the car for a short 10 weeks more problems keep arising.

Please advise further.

Kind regards

They then wanted me to use my warranty which I declined as I felt that I shouldn’t be using my warranty so soon after purchase.

they then replied back this morning:

Good Morning,

The Consumer Rights Act 2015 is not a warranty failsafe, this is why you purchase an extended warranty to ensure you have adequate cover for the vehicle.

You are given a 30-day warranty from us at (garage name) as standard, The Consumer Rights Act comes into play if you can prove that the current fault with the vehicle was there at the point of sale.

Whilst I understand that this is frustrating when things do go wrong with your vehicle, the car is 4 years old and covered 30,000, it has moving mechanical parts which over time can go wrong, again this is why we sell warranties to ensure you have adequate cover and protection on your vehicle.

If the current fault is proven to have been there from sale, please let us know and we can loom into assisting further.

If anyone could please advise id be grateful

[Pezza54]

Under the Consumer Rights Act it is assumed that the defect with the goods existed at the time of delivery up until a 6 month period has elapsed.
It is up to the dealer to prove that the fault did not exist, not the consumer. This only applies if the consumer is a private buyer.
After one month the dealer should be given one chance to repair the fault. If the dealer fails to do this, and the same fault reoccurs or the dealer takes an unreasonable amount of time, then the consumer can reject the goods and receive a refund.
The dealer is entitled to make a deduction from the refund for the usage that the consumer has benefitted from. In the case of a vehicle this is normally based on the mileage the customer has driven.
You should write back to the dealer pointing out his error in his interpretation of CRA and state you are rejecting the car as you have given him a chance to repair the fault and he has failed.

[atticus]

Just to add/clarify -

1. The right to goods of satisfactory quality is in s9 Consumer Rights Act 2015. This contains the statutory presumption mentioned by Pezza that goods which develop a fault within 6 months of purchase were faulty at the time of purchase.

2. The right to repair or replacement is in s19 and s23.

3. s24 contains the provision Pezza has mentioned that if one repair does not solve the problem the consumer may then reject the goods.

[Cry491]

Thank you for your reply. Sorry it took so long forgot I posted.

The car has been with the dealer since 23rd Nov. The 2 faults and parts have been replaced but it is still showing a fault. I asked if they know what it is but their reply was that they didn’t know and had to be looked at by one of their specialists.

As they have had, 2 attempts to fix numerous faults with the most recent faults not being fixed.

i have emailed the finance company this morning and explained due to the dealer having one attempt to fix the car which hasn’t resolved I’d like to now reject on the basis that it is not of satisfactory quality and fit for purpose.

[Pezza54]

It doesn't sound good that a specialist is required.
I thought all garages had a diagnostic scanner that plugs into the car's computer to read faults.
You should also write to the dealer letting him know you are rejecting the car under CRA 2015 and you have informed the finance company to this effect.

[Cry491]

Weird one, the faults that came up with the diagnostic they have replaced and still showing something. I will let them know thank you.

[Cry491]

I’ve received this from the finance company.

[Pezza54]

You should calculate the number of days you have been without the car as it has been in the dealer's garage.
Then reply to the finance company letting them know how many days the car has been in the garage since you bought it and not only do you consider this is an unreasonable amount of time but it is also causing you significant inconvenience. Then repeat you are within your legal rights to reject the car under CRA 2015.

[Cry491]

Could someone be kind enough to send me the best response to this email I’ve received this morning.

it’s been 3 weeks tomorrow since I dropped the car off with them and even though I said I want to reject the car no one is helping me. Thanks

[Pezza54]

A damaged DPF is a serious fault and an expensive item to replace.
You have given the dealer 2 chances to repair the fault. The first time he failed to repair it and the second time he is taking an unreasonable amount of time and causing you significant inconvenience.
You wrote to the dealer stating you want to reject the car and he has refused this request.
If you don't want to wait until the car is repaired you should sent the dealer a letter before action (LBA).
There are examples of pre-action letters on this website and more examples on other consumer websites.

[des8]

...and keep the finance company informed

[Cry491]

Thank you for your reply I shall look at those templates now thank you

[theberenger]

I thought all garages had a diagnostic scanner that plugs into the car's computer to read faults.

Unfortunately the industry is losing what I would term "real mechanics", i.e. the guys who can take some information from the computers, combine it with what they're hearing and seeing, and come to a proper informed diagnosis. That's because the older guys relied on their mechanical brain first, and then later complimented it with electronic diagnostics as that technology became more widespread. The younger guys are being taught to rely on it first.

A great many younger people in the industry now want to read off the computer screen what faults are registered and then shoot the big parts cannon hoping that something will fix the issue. The problem is vehicle diagnostics are far more nuanced than that. Often, the fault being recorded is a symptom of a symptom, and understanding that to get beyond the surface is a dying art.

[Cry491]

Another update from 15.12.23, apparently rejecting the car has nothing to do with me and the dealer, the finance company gets involved in that!

Finance company useless:

I am sorry that I have no further update for you since my email of 13 December 2023.

In that email, I reported the retailer's need to continue investigating the cause of the faults founds, as the repair was ongoing and not yet resolved.

While we understand the retailer is working diligently to resolve the matter, it is now 56-days since you raised this complaint with us.

Accordingly, you now have the right to report the matter to the Financial Ombudsman Service, should you wish to do so,

complained to the FOS yesterday but was unable to upload any pics of previous work the car has undergone. Hope they can help

[des8]

Just send the finance company a letter before action, and initiate a court claim two weeks later

You have rejected the vehicle and they are now b*******g about.

They don't like losing money, so concentrate their minds