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Car rejection: Vehicle not of satisfactory quality. Court or Ombudsman as next step?
Hello all,
I have been going through a long and tiring process of rejecting a used vehicle. Before I get into it: this forum has been a wonderful resource. Thanks for all the experts whose contributions on the many posts and threads from others, that helped to get this far. This is as concise as possible though know you need all the information available.
Now at the juncture where we must decide if this is worth pursuing in court (with a realistic probability of the court finding in our favour) or if we should first try the FOS (who I’ve read and heard very mixed reviews on), and how to go down those routes. Grateful for any advice and guidance that I can get from the kind folks here. Thanks in advance.
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Background / summary
Timeline
11 April 2024: The car was purchased - from a large online national dealer. It is a Nissan Juke, 2020 plate.
18 April: Vehicle was delivered to my home. Had a quick walk around the exterior and everything cosmetic looked fine and as expected.
Started using the car in the following weeks and very quickly it did not seem "right". There was a strange winding noise from the engine, the suspension and ride overall is very hard, squeaking/creaking and uneven suspension, squeaking breaks, steering wheel wobble at speeds, and the infotainment system was not functioning properly as Car Play would not connect.
23 May: Contacted the dealer and reported all these issues. Unfortunately, outside of the 30-day window at this stage. The dealer apologised and agreed to take the car in to inspect/fix.
2 June: They picked the car up and drove it the 120-mile trip to their base leaving us with a courtesy car they had arranged. (this took a lot of back-forth for them to figure out and confirm both myself and my partner who have use of the car would be insured on the courtesy car)
Over the next few weeks, we received no communication from them and chased them up on progress, they cited "delays" in repairing the car.
29 June: They eventually drive and drop the car back to me following repairs. We were not provided any information on what was repaired, faults identified etc so asked them for a detailed report. This was not provided, but they shared rough notes which said they has 'checked' all the components and 'all ok" but had topped up some gearstick and gearbox fluids because the engine noise was from the engine though "they all make this sound”.
29 June: Later the same day, we wrote back to tell them the issues were not resolved. And in particular there was a noisy squeak from the suspension.
1 July: In response, the dealer asked if we would take the car to a local Kwik fit or Halfords for them to look, at their expense. We agree to this and after some back and forth, we make the booking for 1 August.
1 August: Car goes to a local Halfords. We detail all the issues again for them and tell them the dealer are covering the costs. Halfords have the car for a few hours and say they had identified a squeak, but were unsure what it was. They did not share the report with me but said it had been sent to the dealer.
2nd August: Driving the car to the in-laws. About 100-mile journey. Notice the car feels like there is no power/ a loss of power. Just as we get close to the destination, a warning light appears on the dash, reading "Engine malfunction, Power reduced, Service Now". Alongside this some of the driver systems are not functioning because of this fault. We pull into a lay-by and see if the warning will clear. It doesn't. In limp mode, we get the car to the destination.
2 August: Given this extension of an already reported issue, we call finance provider for advice and to make them aware of all of this. They tell us to go back to the dealer and try and resolve with them.
We call the dealer and again report it. They are much less helpful and say this time that as it's over 90 days from purchase, they are not going to look at this, investigate, repair or otherwise help - and tell us we need to go to the warranty company. Despite our protests that this is tied to the ongoing issues and the fact this was looked at yesterday, they don't budge.
We go back to finance provider and raise a complaint with them over the phone, providing the full chronology, details and answering any questions they have. They tell us they have 56 days to resolve the complaint and that the case handler will be in touch to get more information. We tell them we want to reject the car. And that we are going to have to have breakdown out to look at this and recover it to get it home and they say OK.
3rd August: Call the RAC and get them out to look at the vehicle. Run diagnostics and uncover two fault codes related to the engine (boost pressure/turbo and another they can't see details of). They clear the faults and do a road test to see if all OK. Light doesn't come back on yet and he says that fine to drive it home - even if it does - and we should get looked at. Ideally by Nissan who can read the fault codes. On the journey the EML returns alongside Limp Mode. Car is on the drive which is where it has since stayed.
4 August: Send a follow up email to finance provider informing them of this and share the RAC report which details the fault codes and reinforce we are seeking rejection. We stop using the vehicle at this point.
Chase finance provider 4 times over the next weeks. No case handler is assigned for most of this. We go out and buy another used car to get around and to work etc while this is sorted out.
18 September: finance provider call and ask that we get the vehicle inspected at any VAT Registered Garage to confirm the fault. At this point we see the writing on the wall of sorts that this is going to stall and conscious the 6-month point since delivery is approaching.
20 September: Send formal letter of complaint to finance provider and dealer, and reject the vehicle on the basis it is not fit for purpose in breach of contract and that faults were not resolved at the previous opportunity. We detail all the faults and dates. Separately we follow up with Finance provider referencing the telephone conversations too. In all letters we say we are rejecting the vehicle, ask for a refund, and consequential losses to be paid.
24 September: Dealer responds in writing. Asking for some details on mileage, reports, if the faults are still present and tell us that finance provider are liable.
26 September: We get a email and text from finance provider telling us it's been over 8 weeks and they still have not resolved out complaint, therefore we have the right to refer to the Financial Ombudsman Service.
27 September: Finance provider write asking for an inspection of the vehicle and what date this will be, noting they will make a final decision on the complaint if this is not happening. [Based on all the reading done on Legal Beagles, we are dubious of this and also feel they should be offering to do this at their cost - either way we go ahead understanding they are unlikely to reach a favourable decision in the complaint without this info.
1 October: We call Nissan garage to book an inspection - making clear to them this is the purpose, that we need a report and do not authorise any repairs, however minor. Next available date is 21 October.
2 October: We write to finance provider to tell them we will get inspected and the date of this as 21st, noting we expect them to incur the costs and will be adding the consequential losses.
21 October: Car goes to local Nissan garage. Given we do not think the car is drivable (our position since start of August) we get the car recovered to the garage and back again. Nissan share a report on their findings: they confirm they have found a fault with the infotainment system, and faults with the boost pressure and ECM circuit. At least 1k to repair in part + more to investigate cause and then fix the other issues. They can't replicate the other issues with engine/suspension. Again, they clear the EML and road test, which returns when the car comes off the trailer at home later that day.
21 October: [Same day] send a further letter to finance provider and dealer. Reiterating we have rejected the vehicle and at their request had it inspected, these faults were found and share a copy of the report from Nissan. We say that if we do not get the resolution in 14 days, we will consider legal action.
29 October: Dealer send us a response. Disputing we have grounds for rejection. They did not provide any details to support this stance. But they book the car in for an inspection with Nissan (the same garage) to determine if this fault was "present or developing at the point of sale" or "related to a previous repair [which would then give us right to reject]"
30 October: We receive a final response from finance provider. They partially uphold the complaint, specifically issues with Car play, engine noise, and EML causing limp mode. They offer a resolution that they will repair the vehicle and provide £200 in compensation.
8 November: Write to both finance provider and the dealer separately.
Dealer: In the letter to the dealer, we reiterate our stance, the faults, the timeline, remind them of the legislation from the Consumer Rights Act 2025 - that as it is within 6 months it is assumed that the faults were present unless they can prove otherwise. We resend the report from Nissan, and say we are not going to delay a resolution with an unnecessary inspection. We rerate we have rejected the vehicle and that they are jointly and severally liable with finance provider.
Finance provider: We write that we do not agree with all their findings. Specifically, that the right to repair is still available, citing that dealer took the opportunity already (appreciate that there is complexity here in determining/proving dealer were acting as their agent). Ultimately not agreeing to the outcome proposed.
(I was hoping that BH would respond with a position on the right to repair, but they didn't. As expected, their response after was that that was their final response, and we could go to the Financial Ombudsman Service.)
------
Advise Sought
This brings us to now - where we are a little stuck in the best next steps.
Given everything shared I am grateful for any advice on if the FOS is worthwhile to pursue or if court is the only option available.
Of course, like many others, this feels daunting and potentially expensive to us. Though in the latter case we are perhaps hopeful a judge would look favourable on the very poor level of service we have got, and the length of time taken to get this far without a resolution.
If so, how do we go down that route - is there anything else we need / need to do first to be in the best position possible?
Thanks so much to anyone who can offer help, guidance and advice.
Kind regards,
L
I have been going through a long and tiring process of rejecting a used vehicle. Before I get into it: this forum has been a wonderful resource. Thanks for all the experts whose contributions on the many posts and threads from others, that helped to get this far. This is as concise as possible though know you need all the information available.
Now at the juncture where we must decide if this is worth pursuing in court (with a realistic probability of the court finding in our favour) or if we should first try the FOS (who I’ve read and heard very mixed reviews on), and how to go down those routes. Grateful for any advice and guidance that I can get from the kind folks here. Thanks in advance.
------------------
Background / summary
- Used Nissan Juke, 2020 plate. Bought from a large national online dealer with PCP finance from Blackhorse. Purchase Price 14k. Bought at 36k miles, no faults or issues reported at purchase.
- We took out their "extended warranty" for monthly fee, which is through another arm of the dealer, though have not used/claimed through this.
- We have rejected the vehicle as of unsatisfactory quality and not fit for purpose due to faults, including engine issue, amongst others. All of which were all reported early and dealer took opportunity to repair which was unsuccessful.
- The car has been sat on the drive given the engine failure since early August.
- Finance company and dealer have been poor in handling and time taken is excessive, still without resolution.
- Final response from finance company was offer to repair and £200 compensation.
- Want to get rejection and car back with finance company + losses incurred put right
- Stuck at next step: Court or FOS - keen for advice!
Timeline
11 April 2024: The car was purchased - from a large online national dealer. It is a Nissan Juke, 2020 plate.
18 April: Vehicle was delivered to my home. Had a quick walk around the exterior and everything cosmetic looked fine and as expected.
Started using the car in the following weeks and very quickly it did not seem "right". There was a strange winding noise from the engine, the suspension and ride overall is very hard, squeaking/creaking and uneven suspension, squeaking breaks, steering wheel wobble at speeds, and the infotainment system was not functioning properly as Car Play would not connect.
23 May: Contacted the dealer and reported all these issues. Unfortunately, outside of the 30-day window at this stage. The dealer apologised and agreed to take the car in to inspect/fix.
2 June: They picked the car up and drove it the 120-mile trip to their base leaving us with a courtesy car they had arranged. (this took a lot of back-forth for them to figure out and confirm both myself and my partner who have use of the car would be insured on the courtesy car)
Over the next few weeks, we received no communication from them and chased them up on progress, they cited "delays" in repairing the car.
29 June: They eventually drive and drop the car back to me following repairs. We were not provided any information on what was repaired, faults identified etc so asked them for a detailed report. This was not provided, but they shared rough notes which said they has 'checked' all the components and 'all ok" but had topped up some gearstick and gearbox fluids because the engine noise was from the engine though "they all make this sound”.
29 June: Later the same day, we wrote back to tell them the issues were not resolved. And in particular there was a noisy squeak from the suspension.
1 July: In response, the dealer asked if we would take the car to a local Kwik fit or Halfords for them to look, at their expense. We agree to this and after some back and forth, we make the booking for 1 August.
1 August: Car goes to a local Halfords. We detail all the issues again for them and tell them the dealer are covering the costs. Halfords have the car for a few hours and say they had identified a squeak, but were unsure what it was. They did not share the report with me but said it had been sent to the dealer.
2nd August: Driving the car to the in-laws. About 100-mile journey. Notice the car feels like there is no power/ a loss of power. Just as we get close to the destination, a warning light appears on the dash, reading "Engine malfunction, Power reduced, Service Now". Alongside this some of the driver systems are not functioning because of this fault. We pull into a lay-by and see if the warning will clear. It doesn't. In limp mode, we get the car to the destination.
2 August: Given this extension of an already reported issue, we call finance provider for advice and to make them aware of all of this. They tell us to go back to the dealer and try and resolve with them.
We call the dealer and again report it. They are much less helpful and say this time that as it's over 90 days from purchase, they are not going to look at this, investigate, repair or otherwise help - and tell us we need to go to the warranty company. Despite our protests that this is tied to the ongoing issues and the fact this was looked at yesterday, they don't budge.
We go back to finance provider and raise a complaint with them over the phone, providing the full chronology, details and answering any questions they have. They tell us they have 56 days to resolve the complaint and that the case handler will be in touch to get more information. We tell them we want to reject the car. And that we are going to have to have breakdown out to look at this and recover it to get it home and they say OK.
3rd August: Call the RAC and get them out to look at the vehicle. Run diagnostics and uncover two fault codes related to the engine (boost pressure/turbo and another they can't see details of). They clear the faults and do a road test to see if all OK. Light doesn't come back on yet and he says that fine to drive it home - even if it does - and we should get looked at. Ideally by Nissan who can read the fault codes. On the journey the EML returns alongside Limp Mode. Car is on the drive which is where it has since stayed.
4 August: Send a follow up email to finance provider informing them of this and share the RAC report which details the fault codes and reinforce we are seeking rejection. We stop using the vehicle at this point.
Chase finance provider 4 times over the next weeks. No case handler is assigned for most of this. We go out and buy another used car to get around and to work etc while this is sorted out.
18 September: finance provider call and ask that we get the vehicle inspected at any VAT Registered Garage to confirm the fault. At this point we see the writing on the wall of sorts that this is going to stall and conscious the 6-month point since delivery is approaching.
20 September: Send formal letter of complaint to finance provider and dealer, and reject the vehicle on the basis it is not fit for purpose in breach of contract and that faults were not resolved at the previous opportunity. We detail all the faults and dates. Separately we follow up with Finance provider referencing the telephone conversations too. In all letters we say we are rejecting the vehicle, ask for a refund, and consequential losses to be paid.
24 September: Dealer responds in writing. Asking for some details on mileage, reports, if the faults are still present and tell us that finance provider are liable.
26 September: We get a email and text from finance provider telling us it's been over 8 weeks and they still have not resolved out complaint, therefore we have the right to refer to the Financial Ombudsman Service.
27 September: Finance provider write asking for an inspection of the vehicle and what date this will be, noting they will make a final decision on the complaint if this is not happening. [Based on all the reading done on Legal Beagles, we are dubious of this and also feel they should be offering to do this at their cost - either way we go ahead understanding they are unlikely to reach a favourable decision in the complaint without this info.
1 October: We call Nissan garage to book an inspection - making clear to them this is the purpose, that we need a report and do not authorise any repairs, however minor. Next available date is 21 October.
2 October: We write to finance provider to tell them we will get inspected and the date of this as 21st, noting we expect them to incur the costs and will be adding the consequential losses.
21 October: Car goes to local Nissan garage. Given we do not think the car is drivable (our position since start of August) we get the car recovered to the garage and back again. Nissan share a report on their findings: they confirm they have found a fault with the infotainment system, and faults with the boost pressure and ECM circuit. At least 1k to repair in part + more to investigate cause and then fix the other issues. They can't replicate the other issues with engine/suspension. Again, they clear the EML and road test, which returns when the car comes off the trailer at home later that day.
21 October: [Same day] send a further letter to finance provider and dealer. Reiterating we have rejected the vehicle and at their request had it inspected, these faults were found and share a copy of the report from Nissan. We say that if we do not get the resolution in 14 days, we will consider legal action.
29 October: Dealer send us a response. Disputing we have grounds for rejection. They did not provide any details to support this stance. But they book the car in for an inspection with Nissan (the same garage) to determine if this fault was "present or developing at the point of sale" or "related to a previous repair [which would then give us right to reject]"
30 October: We receive a final response from finance provider. They partially uphold the complaint, specifically issues with Car play, engine noise, and EML causing limp mode. They offer a resolution that they will repair the vehicle and provide £200 in compensation.
8 November: Write to both finance provider and the dealer separately.
Dealer: In the letter to the dealer, we reiterate our stance, the faults, the timeline, remind them of the legislation from the Consumer Rights Act 2025 - that as it is within 6 months it is assumed that the faults were present unless they can prove otherwise. We resend the report from Nissan, and say we are not going to delay a resolution with an unnecessary inspection. We rerate we have rejected the vehicle and that they are jointly and severally liable with finance provider.
Finance provider: We write that we do not agree with all their findings. Specifically, that the right to repair is still available, citing that dealer took the opportunity already (appreciate that there is complexity here in determining/proving dealer were acting as their agent). Ultimately not agreeing to the outcome proposed.
(I was hoping that BH would respond with a position on the right to repair, but they didn't. As expected, their response after was that that was their final response, and we could go to the Financial Ombudsman Service.)
------
Advise Sought
This brings us to now - where we are a little stuck in the best next steps.
Given everything shared I am grateful for any advice on if the FOS is worthwhile to pursue or if court is the only option available.
Of course, like many others, this feels daunting and potentially expensive to us. Though in the latter case we are perhaps hopeful a judge would look favourable on the very poor level of service we have got, and the length of time taken to get this far without a resolution.
If so, how do we go down that route - is there anything else we need / need to do first to be in the best position possible?
Thanks so much to anyone who can offer help, guidance and advice.
Kind regards,
L
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