Car rejection - Dealer altered the options!

[Djry]

I purchased a Land Rover Evoque P300e in August 2022. Unfortunately, since December 2022, the vehicle has encountered recurring issues with its electric vehicle (EV) system, including charging problems in March 2023 and a fault with the high voltage (HV) heater in September 2023. These issues have significantly impacted the vehicle's usability for short trips on battery power, resulting in additional fuel costs.

In September 2023, I formally rejected the vehicle due to the dissatisfaction with the vehicle's performance. Then the dealer offered three options 1.) vehicle to be repaired 2.) vehicle rejection, replacement vehicle 3.) Vehicle rejection, walk away from brand.

At that time, I opted for vehicle rejection and requested a replacement vehicle without additional cost. The dealer mentioned that he would seek approval from the brand for the replacement vehicle and advised me to fix the vehicle during the manufacturing period of the replacement. However, after almost six months of waiting, I was informed that the manufacturer rejected the rejection of the vehicle and the dealer altered the options, suggesting that they would only repurchase the car at trade-in value or that I would need to pay an additional GBP14,000 to take delivery of the replacement.

Under the Consumer Rights Act, am I entitled to either a full refund of the vehicle's purchase price or a replacement?

[Pezza54]

Under CRA if a car develops a serious fault within one month the consumer can reject the car for a full refund.
Between one and six months the consumer must give the dealer one chance to repair the car. If the repair is unsuccessful the consumer may reject the car and the dealer is entitled to make a reduction on the refund for usage
After 6 months the consumer must prove that the fault with the car was present at the time of purchase. This is difficult to do
You had until February 2023 to reject the car if the attempted repair was unsuccessful.
If your car is under 3 years old it should still have the manufacturer's 3 year unlimited mileage parts and labour warranty

[des8]

To clarify can you give a detailed account of times and dates between Dec 2022 and Sept 2023 vehicle was reported to trader. and a brief description of each problem.

The time available for rejection is paused between the date of reporting the fault which makes the vehicle unsatisfactory and the date at which the vehicle is returned in a satisfactory condition. You may have rejected vehicle within the 6 month time limit.

one other problem/solution is around method of purchase
If on finance, have you notified the finance company (the owners of the vehicle)?
If you used a credit card you might be able to make a claim against the issuer

[Djry]

Thanks for your replies.

This is the summary of the timeline and main issues:

Serious fault- cannot drive in pure electric, so increased fuel costs and thus car is not as described. It is Plugin Hybrid.

20/8/2023 - Purchased the vehicle
7/12/2023 1st breakdown - EV not working
17/3/2024 2nd breakdown - Problems with charging
28/9/2024 3rd breakdown - A fault with the high voltage (HV) heater
29/9/2024 - Rejection
3/10/2024 - Deal offered repair/rejection/replacement options
3/10/2024 - Opted for replacement
24/10/2024 - Car repaired (Suggested by dealer during the waiting period of replacement)
26/3/2025 - Replacement ready, Dealer altered the options as the manufacturer rejected the Rejection of the vehicle

It was cash payment in full amount.

Please advise, thanks.

[Pezza54]

You appear to be 1 year in advance of the actual time
How long was the car in the garage for repair 7.12.2022?
When the dealer offered replacement there should be a cash adjustment
How old is the car?

[Djry]

Apologies - Dates are;

20/8/2022 - Purchased the vehicle
7/12/2022 1st breakdown - EV not working (fixed same day once reported) (3192 miles)
17/3/2023 2nd breakdown - Problems with charging - EV not working (Dealer had vehicle from 22/03/2023 and was not returned until 23/05/2023 (4944 miles).
28/9/2023 3rd breakdown - A fault with the high voltage (HV) heater - EV not working - Diagonsed Safe to drive, but no EV, fixed on 24/10/2023 (8951 miles).
29/9/2023 - Rejection
3/10/2023 - Deal offered repair/rejection/replacement options
3/10/2023 - Opted for replacement
24/10/2023 - Car repaired (Suggested by dealer during the waiting period of replacement)
08/03/2024 4th breakdown - EV not working (fixed same day once reported)
26/3/2024 - Replacement ready, Dealer altered the options as the manufacturer rejected the Rejection of the vehicle


Time of Ownership till date of rejection - From August 2022 to September 2023, the total duration of ownership is approximately 13 months.
Exclusion of Repair Period - I did not have the car for 2 months during the second fault (repairs),
The actual duration of possession of the car when I rejected it would be approximately 11 months.
Time used post rejection under the conditions provided by the dealer to use the car till the replacement arrives is approximately 7 months.


"When the dealer offered replacement there should be a cash adjustment" - Im sorry what do you mean by this?

Please advise, thanks.

[Pezza54]

To reject a car after 6 months the consumer needs to prove that the fault(s) existed at the time of purchase. This can be done by obtaining an automotive engineer's report which states the engineer believes the fault is long term. Armed with this report the consumer can threaten the dealer with legal action if a satisfactory offer is not received.
It is very unlikely the dealer will find a replacement car that is the same model of similar age and mileage, so a cash adjustment (the consumer paying more or the dealer partially refunding) overcomes this problem

[Djry]

I believe in my situation the consistent faults that affect the EV mode and is not as described, i.e. first fault within first six months.
So isn't that sufficient to suggest that the car was faulty since purchase?

Do I need an automotive engineer? What I gather from interactions with the dealer is that, they gave me options and that suggests the car is indeed faulty?

[Pezza54]

Your claim will be much stronger with a specialist engineer's report.
The claim, being over £10k, will be allocated to the fast track. If you lose the case in court you will face paying not only your legal costs but the defendant's legal costs as well. With so much money at risk it must be worth spending £300 to £500 for a report

[Djry]

Many thanks for the advise.

Can you recommend an engineer for such an inspection?

Thanks

[Pezza54]

No, sorry I can't
You could try searching on the Institute of Automotive Engineer Assessors for a local engineer that specialises in evs