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Car Rejection during 30 days

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  • Car Rejection during 30 days

    Hello,

    On the begging on November I have bought a car from the major dealership, 200 miles from where I live.

    The car is only 1 year old with a couple of thousand on the clock, price was close to £30k.
    I paid bank transfer with some on Credit card.

    I think it was a distance selling as I paid over the phone and went to collect the car. Unfortunately 14day cooling period has passed when I got Check Engine.

    I'm still within 30 days hence I would appreciate some help how to reject the car as I need to send a letter/email shortly.

    When the Check Engine light came on I emailed selling dealer, and been asked for book the car for warranty diagnostic with a dealer closer of my home.
    When I brought the car to the dealer the engine light was not present, however they have managed to get the error code from the car, and it appears there is a fault with the sensor.

    I have researched the issue and it appears there may be serious electrical problem with the car, and changing the sensor is the first step although likely will not fix it.
    And the error will keep coming back.

    The dealer who did the inspection doesnt have time to repair the car before my 30 days will pass.

    If the car drives ok, there is no error light but there is an intermittent issue with the car - do I have a ground for rejection please?

    Tags: None

  • #2
    Reject it. Now.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      Reject it. Now.
      Thank you for your reply.

      What is the best location to get a letter from please? I read somewhere that templates on the internet have technical mistakes.

      Comment


      • #4
        Originally posted by atticus View Post
        Reject it. Now.
        Hello,

        I have drafted a letter, if you dont mind could you please take a look. It can be downloaded in text file from link below

        https://we.tl/t-ehR6zzm4i4

        I'm claiming that car is not in satisfactory quality as the car can still be driven. If I serve this letter am I able to drive the car until I have a response from Dealer or until its collected.

        EDIT. T&Cs says that they will collect the vehicle if rejection is exercised
        Last edited by JHdyke; 20th November 2024, 19:03:PM.

        Comment


        • #5
          I can't access your draft. Post tge words here.

          I advise against driving the vehicle.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by atticus View Post
            I can't access your draft. Post tge words here.

            I advise against driving the vehicle.
            would this be ok please:


            On DATE I purchased, and collected CAR TYPE AND CAR REGISTRATION from your dealership for the total sum of XXXXXXX.

            Since buying the car, the car has developed intermittent Check Engine light on xxx November 2024.

            On the same day I have emailed NAME OF SALESMAN asking for the assistance.

            On xxx of November 2024 I received an email from NAME OF SALESMAN directing me to the the nearest MANUFACTURER NAME dealership.

            On xxx November I have left the car with the dealership NAME AND ADDRESS.

            On xx of November 2024 I received a call from the dealership, claiming that Check Engine light is no longer present but a fault with car has been found STATE the FAULT (I’m awaiting diag report still).

            The car I purchased from your dealership is not of satisfactory quality.

            Having learned of my legal privileges under the Consumer Rights Act of 2015 I’m rejecting the vehicle to you immediately and claim the money I paid as a full refund.

            Therefore, I am writing to demand a full refund for the car ENTERING PURCHASE PRICE within 7 days from the date of this letter. Having been in touch with Trading Standards I was instructed to write to you immediately and exercise my right for a full 30 day Short Term Right to Reject.

            Please respond to this letter and state your intentions and next steps to dissolve this matter within 7 days.


            Kind regards,

            Comment


            • #7
              fine until the very last paragraph. Why not quote at them what you have found in their terms and conditions and insist they do that?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by atticus View Post
                fine until the very last paragraph. Why not quote at them what you have found in their terms and conditions and insist they do that?
                thank you, I got a car back from dealers today. They checked everything and cannot find what has caused the issue. There is a possibility that it could be one off, I will drive for another week and if the error is not there I suspect I will keep the car, but in case it happens again I will go to the selling dealer to resolve the matter.

                Comment


                • #9
                  OK, good luck.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    Originally posted by atticus View Post
                    OK, good luck.
                    thank you for your help

                    Comment


                    • #11
                      Originally posted by JHdyke View Post

                      thank you for your help
                      unfortunately the fault has come back so I will be rejecting the vehicle, Should I claim from Section75 of Credit card in the same time or wait for the dealer resolution first

                      Comment


                      • #12
                        Originally posted by atticus View Post
                        OK, good luck.
                        Is it ok to include following statement in the letter: Reports of this fault found on the internet point to an electrical fault within low voltage harness.

                        Comment


                        • #13
                          By all means include that. Let the dealer respond before making a s75 claim.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            Originally posted by atticus View Post
                            By all means include that. Let the dealer respond before making a s75 claim.
                            I got a call from a dealer today. They are obviously offering a repair - which I will consider. The repair will definitely not going to be completed within 30 short rejection period due to complexity.

                            However I'm worried that i may fell into a trap and this short term rejection period will pass.

                            Is there anything that I should aware of please?

                            1. If I agree for a repair, I dont mind waiting for the dealer to speak to the manufacturer to get a part or a solution as long as its within reasonable period of time - is the short rejection period stopped while we negotiate and wait for the appointment having car repaired?

                            2. What will happen if I agree for the repair but then they will be waiting for part a month or two? Can I reject the car due to unreasonable waiting period?

                            3. Also if I agree for repair is there anything I should do to make sure this is their final repair (as dealer is allowed one repair after 30 days). Please note that selling dealer is quite far from me and we will be using closer authorized dealer.

                            4. Am I able to impose a term of 30 days (due to intermittent issue) once the car is repaired for testing? I understand that testing period is only 5 or 7 days if the repair is done within 30 days.

                            I understand that there is still a final rejection after short rejection but dealer can deduct charges .

                            I'm sorry if I mixed up some information above or its not 100% clear.

                            Thank you very much for answering.
                            Last edited by JHdyke; Yesterday, 19:03:PM.

                            Comment


                            • #15
                              What have you said so far? Have you rejected the car? If so, why not stand firm on that?
                              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                              Comment

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