Right to reject

[Joshee132]

Hi, thanks for your time.

I bought a BMW 1 series 2015 from a dealer under a finance agreement a week ago.*

I rushed into it as I was impatient and I really wanted the car and the staff were helpful.

I have had the car for a few days and a few people have commented how loud the exhaust is but I thought nothing of it. Then yesterday I noticed a banging noise from underneath, so I took it to a local garage and we found after a quick investigation part of the exhaust has snapped. He told me to return the car and I have rang the dealers who have said not to worry it is under warranty.*

Although it is under warranty, I have lost faith in the car, if something this major has happened after not even a week.
so have read into a right to reject the car.

I was wondering if anyone can explain it in lamens terms for me?

thanks very much.

[Law Student 2]

Hi, sorry to hear about that.

Have you considered giving the dealer the chance to repair the fault? If they have said it is under warranty it seems they are likely to do this for you? They may also be open to providing some compensation to you for the fault, as they are likely to want to avoid giving a full refund. So it may be worth discussing this with the dealer.

If you are sure you wish to reject the car you do have the right under the Consumer Rights Act 2015. This is if the car is not one of*of the following
of satisfactory quality,
fit for purpose
or as described.*
It may be difficult to argue the car is not fit for purpose, as a fault with the car may not mean the car itself is faulty and not fit for purpose.*
Generally, minor faults that can be fixed are not strong grounds to invoke your right to reject. There needs to be a significant fault, so the question you would need to consider is if the fault is significant and if it would be considered signifiant by a court if it went that far.

It looks like you would be exercising your short term right to reject (this is within 30 days of purchase). If it has been longer different rules will apply. For the short term right, you do not have to accept an offer of replacement or repair if the dealer argues this. You can argue your right to reject from the offset if you wish.*

Hope this helps!*

[Joshee132]

Hi,

I was debating give the chance for them to repair the car. But for peace of mind I took the car for another MOT to see if theres anything else up with the car.

The car had a fresh MOT the day before it was collected last week which came up with no faults.

However I went to collect the car yesterday and there were 5 faults! 2 of them were major defects, 3 of them minors.

I had a look at the MOT history on the car via the government website and the day before the dealership had the mot pass the car failed with two of the reasons which had come up on the MOT I paid for (Major exhaust leak). This shows the car had the fault before I took ownership. This has resulted me losing complete confidence of the car with which is costing me £17,000 over 5 years. The mechanic who looked at it for me has said they had bodged the MOT as quick as possible to get it out of the door.

All in all I just want the car gone and the finance deal rescinded so I can start looking for another one.

Thanks

[des8]

Write (email ok) to dealer telling him you are exercising your short term right to reject the vehicle as per Consumer Rights Act 2015 (CRA2015).
Tell them about the faults and that the vehicle is available for collection by them at their cost from ............
You anticipate a full refund of whatever you have paid (or return of a vehicle you used as a deposit or whatever) within two weeks.

Send copy to finance house (they own car and are just as liable)
Do not cancel your direct debit yet.

The only problem is that you have already been in discussion with the dealer and if you requested or agreed to a repair you are stuck with it as you forfeit your right to reject. Whilst it is with the dealer they need to correct all faults

[Joshee132]

Hi I have been in contact with the dealer to let them know what's happened but I did not agree to a repair and the MOT I had conducted was with an independent garage.

I have Called the finance company and they have started the complaints procedure, I have also sent an email and a letter with proof of the MOT findings. I asked for confirmation of ending of the finance within 14 days, I have not even made a single payment yet either which is good as I have no money to reclame.

They have accepted and conducting there own investigation which they have said may take up to 8 weeks due to the current situation. In all fairness to the finance company they have been very helpful which I was not expecting.



So now I guess I just have to wait. Thanks for the replies.

[des8]

Clarify with financiers the position regarding your direct debit.
I assume a payment will be due within the next 8 weeks, and if you have cancelled without their written agreement you might find your credit record adversely affected!

[Joshee132]

I'm going to keep the direct debit until I have a confirmation of my finance being cancelled. Thanks