Consumer Rights Act 2015 - Short Term Right to Reject

[dyslexicdog]

Hi,

New here, signed up for this thread but hoping to stick around and learn.

I purchased a car on finance and paid it off within 14 days as a right to withdraw. I am therefore the owner.

The car, purchased through a main dealer I purchased the car remotely, only seeing the car once all the paperwork was complete - I live hundreds of miles away. I conversed with the dealer via phone calls and emails. The car is 12 months old with less than 10k miles.

It was described pre-sale, in a video, as a clean demo car with no marks or blemishes.

On a Friday I emailed the seller stating I had found some paint blemishes I wanted them to tidy up. They rang straight back and said to get the car reviewed at a bodyshop of my choice and they'd pay a reasonable invoice. I arranged an estimate at an Approved Manufacturer Bodyshop the following Monday.

Over the weekend I studied the paintwork more closely and noted significant issues:

• Evidence of paintwork to the rear NS wheel arch, rear bumper, OS wheel arch and through to drivers door on lower portions of the car
  • Sanding marks, lacquer blend lines, lacquer lines, unpainted and unlacquered sections, overspray & significant and varying orange peel
• Drivers door is out of alignment (couple of MM) with the rear door
  • Measured with a ruler

The Independant Manufacturer Approved Bodyshop reviewed the car and coroborated the fact the car has had paintwork work done. They state this voids the manufacturer paintwork warranty. I have this in a headed email.

I reported all this immediately via email, with photographic evidence and independant report to the seller - this is day 16 after purchase. Since the defect list has lengthened I have rejected the car and stated the CRA 2015 and my short term right based on quality and description - at no point was the paintwork repair disclosed, it's sub-standard and poor workmanship with no warranty (hence not durable). The condition is not befitting to the age or mileage.

I have made it clear the vehicle is ready for collection and will not be used as I cannot ascertain the safety based on no knowledge of the level of repair that warranted paintwork to a large section of the vehicle.

I chased this email within 60 minutes of the email to ensure acknowledgment of the email. The Sales Manager rang within 6 hours to state the email had been passed to head office. It was disclosed that the car was actually ex-fleet before I purchased over the phone.

I followed up out phone call with a summarised record of what was said with opportunity for the Sales Manager to correct any mistakes, however, he has not responded.

24 hours after rejection, I have requested an update and have not recieved any. The Sales Manager suggested that it would be 24-48 hours so I'm still within the timeframe.

My current question is after initiation of the short term right to reject, what timescales do the dealership have to accept or reject my claim? What is a realistic timeframe and when do I start ratching up pressure?

Thanks in advance.

[des8]

In the words of CRA2015 "A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund."

IMO they should be allowed at least a working week to come to a decision

[dyslexicdog]

Thank you.

I’m not the most patient when I’ve been misled on a 40k vehicle.

[echat11]

Thank you.

I’m not the most patient when I’ve been misled on a 40k vehicle.

As you've bought it on finance, you need to inform the finance company that you are 'rejecting' the car.
Make sure you send all the evidence you have gathered to the finance company,
Keep all correspondence in writing, email etc.

[dyslexicdog]

As you've bought it on finance, you need to inform the finance company that you are 'rejecting' the car.
Make sure you send all the evidence you have gathered to the finance company,
Keep all correspondence in writing, email etc.

I paid the finance off so I'm now the legal owner.

[echat11]

I paid the finance off so I'm now the legal owner.

O.K., understood, how did you pay it off?

[dyslexicdog]

I paid the finance off so I'm now the legal owner.

Bank transfer and p/x - however the initial deposit to the dealer of £400 was CC.

[echat11]

Bank transfer and p/x - however the initial deposit to the dealer of £400 was CC.

Because you paid £400 by Credit Card, contact your card provider, see if a Section 75 claim can help you, again provide your evidence etc. Note Card Provider will play 'hardball', they don't lie Section 75 claims.

https://www.which.co.uk/consumer-rig...t-aZCUb9i8Kwfa

Please update.

[des8]

SEC 75 claims have an upper limit of £30,000

[echat11]

SEC 75 claims have an upper limit of £30,000

Correct, if the dealer doesn't 'play ball', I think they will providing the evidence is as described, the the OP gets £30k back via Section 75, then may have to go to Court to make a claim for the rest.

Not ideal, but a plan.

[dyslexicdog]

I told a small porky. I realised that I'm currently withdrawing from the finance so here's a better timeline and statement of ownership - more complicated perhaps. I had already meant to have withdrawn but the Wife mentioned she'd not paid the final amount (finance company told us the wrong amount) so we're still contracted.

Car Value - 40,000
Deposit (dealer, reservation fee) - 99 - CC
Deposit (dealer) - 400 - CC
P/X - 15,000 - p/x to finance
Partial withdrawal cost - 15,000 - bank transfer to finance company
Final withdrawal cost - 9,501 - on hold due to CRA 2015 rejection (payment deadline 30/09)

I'm not sure if that changes anything but both the dealer and now the finance company have my rejection evidence and request. I still think that leaves all cards on the table.

I won't update my original with information to avoid confusing your advice for anyone else, I will try to link to this post though in the original..

[echat11]

I told a small porky. I realised that I'm currently withdrawing from the finance so here's a better timeline and statement of ownership - more complicated perhaps. I had already meant to have withdrawn but the Wife mentioned she'd not paid the final amount (finance company told us the wrong amount) so we're still contracted.

Car Value - 40,000
Deposit (dealer, reservation fee) - 99 - CC
Deposit (dealer) - 400 - CC
P/X - 15,000 - p/x to finance
Partial withdrawal cost - 15,000 - bank transfer to finance company
Final withdrawal cost - 9,501 - on hold due to CRA 2015 rejection (payment deadline 30/09)

I'm not sure if that changes anything but both the dealer and finance company have my rejection evidence and request. I still think that leaves all cards on the table.

I won't update my original with information to avoid confusing your advice for anyone else, I will try to link to this post though in the original..

The advice is the same, contact your credit card provider, the ideal scenario is the 'dealer' see's the light and 'unwinds' the transaction.

[dyslexicdog]

The advice is the same, contact your credit card provider, the ideal scenario is the 'dealer' see's the light and 'unwinds' the transaction.

Thought so, appreciate it!

We're not that far into the rejection process but it's good to understand how the ground ahead might look

Edit - do I need to start the SEC 75 process now?

[dyslexicdog]

Rejection accepted. Paid finance off as it's easier on all parties and faster.

We're greenlit to move forward wooo!

[echat11]

Thought so, appreciate it!

We're not that far into the rejection process but it's good to understand how the ground ahead might look

Edit - do I need to start the SEC 75 process now?

Yes, Section 75 claims have time limits.