Help

[Gaz3394]

Hi everyone. Im at my wits end and a friend if mine told me about this brilliant site. Hopefully you can give me a little advice. Its regarding a purchase of a used car

[Gaz3394]

My nephew bought a used peugeot 207 on the 14th june for £2200 from a local used car dealer. on getting it home he noticed that there was a grinding and knocking noise coming from the front wheel when slowing down. We contacted the garage who said bring it back and we'll have a look at it.
Did that and mechanic changed the front pads around. it seemed to have solved it until it came back about 3 mile later. contacted the dealer again who said bring it back again. we did that and they had it for 2 days. didnt say what they did or found but got the car back. .
yep.. day or two later it came back.. quieter but still there. i contacted the dealer yesterday and spoke to the dealer who said bring it back again. I asked if we could just have a refund instead, he said "we cant do that as we've spent to much money trying to put it right" and "i dont want to fall out with you"
he said we cant just take your word for it that the problem is still there. after 30 minutes i rang him back and told him we can get the car back to him today and that i cant understand why we can't have a refund as it states we can under the consumer rights act 2015 we have 30 days.
he said "only if we cant put it right, and we will put it right."
So.. we dropped the car back off
its been 4 days now and heard nothing.
So.. is he just allowed to keep on trying to repair it or can i say enough is enough i want a refund.
i am worried that if it goes over the 30 days he can say "ah... its more than 30 days now !"

[MIKE770]

Your rights if something is wrong with your car - Money Advice Service

https://www.moneyadviceservice.org.u...s-wrong-with-y...

Jump to Problems with cars bought from dealers - You have a right to reject something faulty and you are entitled to a full refund within 30 days of purchase in most cases. After 30 days you lose the short-term right to reject the goods.

they attempted to repair fault but that was not the fault, therefore as I see it right to a refund, read attached? sure others will respond also

[Amethyst]

You are correct to stick to your guns.... they may have spent money trying to fix it, but they should have done that before selling it to you and would need to do it to sell it to the next purchaser so they lose nothing. You have been generous in allowing them to attempt to fix the issue and the 30 days stops running while they are trying to fix it...

(6)

If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(7)

If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

(a)

7 days after the waiting period ends, or

(b)

if later, the original time limit for exercising that right, extended by the waiting period.

(8)

The waiting period—

(a)

begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

(b)

ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

But you are still 7 days inside your standard 30 days so if you aren't happy then I would get the car rejected asap. The trader is wrong that it is 'only if they can't fix it' - they obviously can't. Why change the front pads around not just put new pads on it? trying to save some pennies I suspect which will just cost them more in the long run.

des8 R0b

[ostell]

For the 30 days he does not have the right to repair, it is an automatic right to reject. The 30 day clock stops while you do not have the car. After 30 days he does have the right for one attempt to repair.

So now is the time to state, in writing, that you are rejecting the car under the CRA section 22. You require return of moneys paid within 14 days.

[des8]

Problem at the moment is you have given him the chance to repair, and that puts on hold your right to reject.

Purchased 14th June :: 30 days to reject takes us to 14 th July plus in with dealer 6 days takes us to 20th july.
Still have 2 weeks in which to reject.
Tell dealer repairs have to be done at no cost and with minimal inconvenience and within reasonable time.(CRA 2015)
So you now require vehicle back repaired within 24 hours Plus compensation for inconvenience (unless they provided courtesy vehicle).
In event non compliance the vehicle is rejected and you require full refund plus money for loss of use.
!4 days in which to comply before you initiate court action.

[Gaz3394]

Thanks for the advice everyone. I printed off a letter and took it to the car dealer who unfortunately was not there at the time. i left the letter with the part time sales person to pass on and told him to contact me and that as per the letter he had 14 days.
He yesterday contacted my nephew and told hi he was not getting any money back and that if he was going down the court route, he would tell the mechanic to stop any repairs being done to the vehicle.

He still has the car in getting repaired by the way, it has now been 10 days.
I tink he is trying it on as he knows my nephew is desperate for a car and cant afford to wait months for this to be sorted out.

could i say to him we are going to hire a car and charge your company for the cost until this is sorted by the consumer law ?

[ostell]

Yes CRA supports this.

[des8]

Cost of hire of similar vehicle might be reclaimable if it is essential eg for getting to work.
If it is required just for socialising it will be more problematic, and bear in mind that the claimant (your nephew) has to do his best to mitigate his losses