Car rejection refused

[lkl98]

Hi,

I purchased a car from Big Motoring World on 10th December 2023. I reported an issue on the 15th December 2023. The auto stop/start error message came up and the car just stopped when i was driving.

I was told to take it to a local garage to get ti looked at. The local garage did a battery test and said the battery was very low and advised to change the battery. The battery was changed but the car kept stopping.

It went back to the service centre in feb! They advised no issue with the car after doing a fault scan. Got the car back and it kept stopping still so it went back again in may. The car came back and said no issue nothing on a fault scan... and blamed me for driving the car wrong.

Got the car back and it broke down totally. Took the car to BMW who did a full diagnostic and it needed a new fuel system. they advised if a full diagnostic was done by the company then they would have seen its an issue with the fuel system.

I complained to the company and issued a right to reject etc etc.. they have come back and refused my rejection as the car was only ever seen in a running capacity and they can only diagnose off issues reported and faults found when plugging the car into the machine.

They have offered to repair the car. So I really need to know if I can take the company to court for a refund of if I need to accept the offer to fix the car? Also if I take the company to court do I need to collect the car from them as it is still currently on site.

Thanks for any help

[Pezza54]

Hi
Welcome to Lb
It does sound as if you have the legal right to reject the car under CRA 2015
You did what you were told by the dealer, taking the car to a local garage and changing the battery after the garage advised this.

When a new battery did not fix the serious fault you took the car back to the dealer providing the company a chance to fix the fault. The dealer failed to fix the fault and BMW carried out a full diagnostic check and discovered a faulty fuel system.
Have you got the results of this diagnostic check in writing? You will need this report as evidence for a court claim.

If you decide to reject the car you should not pick it up from the dealer. Set out in chronological order a list of events with the actual dates, what happened and what was said.

Then write to dealer stating your wish to reject the car under CRA and that you expect a refund of money within 14 days. As you reported the serious fault within 30 days and allowed the dealer a chance to repair which he failed to do, you should ask for a full refund.

If you bought the car with finance, the finance company owns the car until you have repaid the loan in full. This means if you need to make a court claim your claim should be against the finance company. You would need to send a copy of the correspondence to the fc

If you paid a deposit using a credit card you may have a Section 75 claim against the credit card company