Rejecting a car - 30 days?

[des8]

This point about a trader only having one chance to make the goods comply with the contract was brought up in a thread some years ago.
I'll do a search and see if I can find it... but I might be sometime!

[atticus]

s24(5) CRA 2015

(5) A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations:

(a) after one repair or one replacement, the goods do not conform to the contract;

(b) because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c) the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

[bungley007]

They've come back with the below. I'm not sure wear and tear has anything to do with it, any faults in the first 6 months are by default assumed present when purchasing. I also made it very clear when I first reported in 30 days that I could not stop using the vehicle as I need it to go to work and requested a courtesy car which they declined!

"Under the CRA 2015 this is not considered a failed repair so we will not be accepting rejection.

Also to make you aware suspension components are classified as wear and tear, the vehicle was already driven over 63000 miles when you purchased so this is supposed to have some wear and tear, on top of this you have driven over 3000 miles when you first reported the issue and now another 3000 miles since the last repair, in total you have driven over 6000 miles since purchase if there was indeed a fault on the vehicle or any of the parts failed this would not have allowed you make use of the vehicle."

[Pezza54]

When considering wear and tear on a used car, the judge will take into account the car's age, its mileage, the description the dealer provided about the car in the advert and in any discussion you had before you bought it.
A car's suspension is a wear and tear item. It can also be damaged by potholes.
The dealer claims you drove the car 3k miles before you reported the issue with the suspension. Is he right?
As you are dealing with a nationwide company, you should think carefully before starting a court claim.
The dealer will probably employ a solicitor and they will be experienced in writing a strong defence, court procedures and protocols.

[Pezza54]

The judge will also take the price you paid for the car into account.

[bungley007]

Yeah fair, I mean the vehicle was £16k so we're not talking a cheap car.

Why are they rejecting a rejection based on "wear and tear" but on the other hand happy to pay another £1500 on a repair (in addition to £1600 the first time round!) if that's the angle why take liability of the repair!

[Pezza54]

Could be a number of reasons: company policy, salesman loses his bonus, no room on the forecourt, spare capacity in the garage. Your guess is as good as mine.
If the dealer accepted rejection, I suspect the reduction the dealer would try to make on your refund could be as much as £3k. 6k miles @ 50p/mile.

[des8]

50p/mile. should be between 10p/m to 15p/m

[bungley007]

Yeah I mean a fellow member already went to court and won with them on silly mileage charges. I'll give them one more chance on the repairs and see how we go, just when you have issues like this makes you think you have a lemon, guess the upside is least I'm finding the issues and getting resolved for free versus after 6 months and having to pay. To be fair to them, they've paid for everything so far.

[Pezza54]

If the garage fixed all the faults, apart from the suspension, then they sound genuine. After they have repaired it ask them to test drive the car on the road to check the noise from the suspension no longer exists.
As your court claim would be over £10k and allocated to the fast track, there would be a greater financial risk if you lost the claim. You would be liable for the defendant's legal costs.

[des8]

If vehicle purchased using finance the claim might be under £10,000 so fall into small claims track