Consumer protection

[ukbm61]

Hi
I am not sure whether the forum deals with my kind of problem but it was recommended to me on another forum.

I ordered a new car for September delivery. I signed the paperwork and balance of deposit 2 days before delivery so the dealer could tax the car. 1 day before delivery they told me they had found a fault and are waiting for a part from the manufacturer. They do not, as yet, know when it will arrive. I am unhappy about repairing my brand new car in this way. It is clearly faulty and therefore not as described or fit for purpose (they won’t let me drive it due to the nature of the fault). Can I reject the vehicle using the consumer protection legislation and obtain a full refund?

Any help greatly appreciated.

[R0b]

Re: Consumer protection

First of all when was delivery supposed to have taken place?

Your rights to terminate are set out under the Consumer Rights Act however I don't think there is anything that specifically sets out your right to terminate when the goods still remain in the dealer's possession. If the goods do not conform to what was described and are faulty for one reason or another then I can see no reason why you cannot reject the car and get a refund. They have freely admitted that the car is faulty despite it being brand new, coupled with the fact that you don't have any estimate time of when the part will arrive and then when it will be delivered to you.

They have also breached their delivery date and if you agreed a date for delivery on the basis that delivery was essential then you can reject and terminate the sale on that basis too. Another reason for your immediate right to reject is because the dealer has refused to deliver the car, albeit in its current form and this enables you to terminate and obtain a refund.

If you want to terminate and get a refund then it is advisable that you do it in writing and expressly state your reasons for termination so you have a paper trail - perhaps an email to the dealer? You should be given a refund promptly and in any event no later than 14 days.

I'll tag [MENTION=39710]des8[/MENTION] too if he has anything to add

[des8]

Re: Consumer protection

the goods can only be rejected when ownership has passed to the purchaser.
To reject earlier would IMO be cancellation of the contract.
Ownership passes according to CRA2015 as set out in Sale of Goods Act, so you would need to examine T&Cs of your order, and the general circumstances of the deal.(basically agree with R0b)
17Property passes when intended to pass.

(1)Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred.

(2)For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties and the circumstances of the case

[R0b]

Re: Consumer protection

It is more than likely that the contract will say ownership passes on payment of full price, but it might be different so do check any terms of the agreement as des has said.

If you want to be absolutely safe in getting your refund back without going through the hassle, then I would suggest you write to them and specify that you require them to deliver it within a reasonable time e.g. 14 days from the date of sending, otherwise you will exercise your right to treat the contract as terminated and get a refund.

You can quote section 28(8) of the CRA to them when you do. But another argument is as I suggested though bit of a grey area, is that the dealer has refused to deliver the goods or allow pickup even though it is in their possession on the basis it is faulty and so you should be entitled to terminate the contract on that basis too.