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Faulty car and rejecting

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  • Faulty car and rejecting

    Hello

    i purchase a used jaguar ipace from a franchised dealer via a PCP (finance) arrangement.

    After 6 weeks ownership it developed a battery fault which requires a new cell.

    The car is still driveable (“with caution” according to error message) but charging is limited to 72% of its capacity. This means range is significantly reduced from circa 230 miles to 160 miles.

    This is at best inconvenient as I regularly do journeys of 160-170 miles so now need to divert to charge up.

    The car has been inspected by a mobile jaguar technician who has referred a report back to the supplying dealer, who are not local and around 3 hr drive away.

    The supplying dealer has advised minimum 6-8 weeks for part to arrive.

    I do not think this is acceptable as is not in “reasonable time” or without “significant inconvenience” as per CRA 2015.

    I would like to reject the car but the dealer thinks this does not apply as I am still able to drive the vehicle.

    I would be grateful for any suggestions on how to resolve this. Do I have a valid case? I feel the average man on the street would find it unreasonable that a circa £25k used car would lose 1/3 of its range 6 weeks after purchase!



    Tags: None

  • #2
    Hi
    Welcome to LB

    Under CRA, after the consumer's 30 day short term right to reject, and within 6 months, the dealer must be given one chance to inspect the car and repair the fault within a reasonable amount of time and without causing significant inconvenience. If the dealer fails on any of these accounts, the consumer may generally choose from another repair, replacement or partial refund (full refund less a deduction for usage) The dealer should pick the car up unless the dealer's contract terms and conditions state differently

    What is a reasonable amount of time is a matter of fact. If you know the part that needs replacing you should phone another authorised jaguar repairer to see if minimum 6-8 weeks to source the part is correct.

    The dealer is wrong when he said he thinks you cannot reject the car because you can still drive it. Your reduced range and more frequent charging is inconvenient. Whether it is significant, again is a matter of fact. You stated you regularly do 160-170 mile journeys which must be causing you range anxiety. Did you tell the dealer about your frequent long journeys?

    The finance company is the owner of the car until you decide to make the balloon payment. If you need to make a claim it should be against the finance company. If you are not satisfied with their response you should make a complaint and if this doesn't work, you can refer your complaint to the FOS

    You should check your finance company's terms and conditions and write to them pointing out the serious problem with your car. State the dealer has quoted you 6-8 weeks minimum to obtain the part and until the part is sourced the car cannot be booked in for repair. Also say you want to reject the car under CRA and expect a refund of all monies paid to date

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