Short term right to reject - mileage and 'damage' deductions

[Starlight87]

Exercised short term right to reject used car due to faults, dealer trying to claim mileage and 'damage' deductions

Hello,

I hope you can help!

I bought a used vehicle on 8/1/25 and the same day there were engine issues and an EML came on. I contacted the dealer straight away who said he would diagnose and sort.

Diagnostics showed one particular issue, but this did not cover the engine issues I had experienced. The dealer said he would repair it under my warranty, but I asked for more tests to be completed as this would not address my key concerns.

He collected the car and took to his garage one week after purchase, at which point the engine stalled and failed for him.

Two days later he told me there were no issues other than the initial one reported, which he would have fixed and returned to me. I asked for reports/evidence of inspections and he would not provide them. At this point, I exercised my short-term right to reject in writing and returned the paperwork and spare key to him.

He is refusing to refund and has now agreed to purchase the car from me less deductions for mileage at 65p per mile and £3,000 to 'put right' damage I have allegedly done to the car.

My understanding of the CRA 2015 is that the short-term right to reject does not entitle any deductions to be made. Is this correct? If so am I right to push on with the legal process?

For information, I paid by bank transfer in full, and do not have any finance on the car.

Thank you!

[echat11]

Hi Starlight87

Welcome to LB

I would contact CAB / Trading Standards, explain that you have rejected the car, the Dealer has not refunded, they will give you a reference number, you can add that to the following letter, add CAB / Trading Standards Ref: XXXXXXXXXX.

Add the following to the letter: Further to my letter of XX/XX/XX ......................., so they know the letter is a follow up. Amend the letter as necessary.

https://www.which.co.uk/consumer-rig...r-aeziX3M7tYNw

Update thread when you get a response.

[Pezza54]

IMO you do not have a strong claim to reject the car at the present time. Other forum users may disagree

CRA 2015 S23 (6) A consumer who agrees to the repair of goods cannot exercise the short-term right to reject without giving the trader a reasonable amount of time to repair them

You could have rejected the car straight away but you agreed to the dealer diagnosing the fault and carrying out a repair. The dealer says the car is now repaired but won't tell you what the problem was or provide any paperwork

Your claim to reject the car will be stronger if you take the car back and if the fault (problem with the engine) still exists, obtain your own inspection report and estimate for the repair, and then reject the car

[echat11]

IMO you do not have a strong claim to reject the car at the present time. Other forum users may disagree

CRA 2015 S23 (6) A consumer who agrees to the repair of goods cannot exercise the short-term right to reject without giving the trader a reasonable amount of time to repair them

You could have rejected the car straight away but you agreed to the dealer diagnosing the fault and carrying out a repair. The dealer says the car is now repaired but won't tell you what the problem was or provide any paperwork

Your claim to reject the car will be stronger if you take the car back and if the fault (problem with the engine) still exists, obtain your own inspection report and estimate for the repair, and then reject the car

I might have it wrong, but he did the following after 9 days - 'At this point, I exercised my short-term right to reject in writing and returned the paperwork and spare key to him'. The Dealer is being 'ridiculous'.

[Starlight87]

Thank you both.

I have spoken with CAB and they agree that I have the right to reject and a full refund, I have sent similar letters and even offered to accept some mileage deduction, but the dealer is standing firm regarding additional deductions.

I agreed to further diagnostics but was very clear that I did not authorise a repair at this point. I also requested further tests to be carried out as the EML issue did not tally with the engine issues I was experiencing. Despite agreeing to do this, the dealer continued to insist the EML issue was the only problem, hence my decision to exercise my short-term right to reject.

I will update as I hear any more on this. Thank you for your advice.

[Pezza54]

I might have it wrong, but he did the following after 9 days - 'At this point, I exercised my short-term right to reject in writing and returned the paperwork and spare key to him'. The Dealer is being 'ridiculous'.

Unfortunately OP rejected the car after the dealer said he had repaired it

[Starlight87]

Unfortunately OP rejected the car after the dealer said he had repaired it

Thank you - just to clarify, the car wasn't repaired at the point I rejected it, just taken for diagnostics. I was quite clear when the car was collected that I didn't have to and did not accept a repair.

[Pezza54]

If you are confident you have given the dealer a reasonable amount of time to correct faults with the car and he has failed to do so, you should send the dealer a letter before action
How much did you pay for the car?