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Rejecting vehicle - dealer refusing rejection

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  • Rejecting vehicle - dealer refusing rejection

    Hi everyone, thanks in advance for looking.

    I bought a 2019 Nissan Navara with low (40k) miles from a used car dealer about an hour south of me, the idea was to load it up and take my daughter on a long holiday through Europe and into Norway, Sweden and Finland for the road trip of a lifetime.

    I arranged to part exchange two of my cars, so I drove one of them to the dealer, and when I returned home in the Navara I brought a member of staff from the dealer to collect my other car. I mentioned to him several times on the way home that there was no power and there were performance issues.

    The following day I checked the car using my ODB reader and found several fault codes which were addressed by replacing the battery at my cost (EGR cooler pump issues due to dying battery).

    I had things arranged for the following several days but when I came back to the vehicle it was clear that there was a major fault, which I reported by phone and email. It was agreed that a local diagnostics should be carried out, and the engineer who did this found that something was lodged in the large turbo, preventing it from engaging. He surmised (without doing a full tear down) that either a foreign object had somehow gotten into the turbo or the small turbo had collapsed into the large one.

    Long story short, I rejected the vehicle as unfit for purpose, well within the allowed timeframe, having done around 100 miles in it.

    The dealer first said they would recover the car and use their own mechanics, and that they would not accept the findings of an independent. I reminded them that this was irrelevant since I had rejected the vehicle, and they were perfectly happy to use the independent garage until this point.

    Their typical one line replies included:

    "We will check ourselves not third party"

    "I understand what you are saying but until we check it there will be no refund"


    They didn't tell me that they had collected the car from the local diagnostic centre (which they had previously agreed that I should use). The diagnostic mechanic sent me a WhatsApp message informing me that they had collected the vehicle. Radio silence followed for a further 2 weeks and then I got a voicemail saying the car was ready, two new turbos had been installed, an assertion that the fault had not been present when the car left them, that nobody was to blame, and I could either go and collect it or they would arrange delivery back to me.

    When I reminded them that I had rejected the car for valid reasons and well within the allowed time, and that they had missed the 14 day window to refund me, their reply was simply:

    "Sorry not accepting rejection we are allowed the chance to fix it which we have pick up here to collect or we will drop it off"

    I authorised no repair, I rejected the vehicle as faulty and unfit for purpose, and now they have my money, and the car.

    My daughter and I should have been on a 3 month holiday but we lost the first month to this and, when we finally did manage to get away, we had to return home early to deal with this.

    What do I do now ?

    Sorry if this is long winded, I wanted to give as much detail as possible without going into War and Peace.

    Tags: None

  • #2
    Hi XUNIL

    Welcome to LB

    How did you reject the vehicle?

    You say Part Exchange, was a payment made by Credit Card?

    Comment


    • #3
      Thanks for your reply. I part exchanged 2 cars for this one, plus a sum of money, paid with a debit card and not a credit card. I rejected the vehicle by email to the manager using a template downloaded from Which

      The manager's emails to me changed from "I understand what you are saying but until we check it there will be no refund" to "Sorry not accepting rejection we are allowed the chance to fix it which we have pick up here to collect or we will drop it off"

      Comment


      • #4
        Are they members of any Trade Associations?
        What does the complaints procedure on their website say?

        What they are saying is 'incorrect', you found faults, you have the right to
        reject the car within 30 days in writing, you rejected the car within 30 days.
        If they've repaired the car after you have rejected it, then it's down to them.

        Comment


        • #5
          Hi Xunil look at my post Dodgy Car Dealer (Kayley) It may help you with the process I have had to undergo and the brilliant help/comments I have had from LBs. I rejected the car inwriting 21 days after purchase and this been going on for months. The final Court hearing is not until March. Like you the dealer has the car and our money. Good Luck.

          Comment

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