30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

[stdjmax]

I bought a new car via Nissan finance and the car experience some weird-form of hesistation or loss power where you are driving at around 30mph. Definetly not as described with nissan sale man. He said that the car drives very smoth with the new automatic gearbox.

The car was booked for a ECM software update but this did not help at all.
This loss of power/hesistation is weird because when you are changing lanes.

So I wish to reject the car and I wrote a letter under the 30-day short term right to reject legislation as follows:

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I am writing to notify you that I am exercising my right based on the Consumer Rights Act 2015 to reject the car (within 30 days) with registration ****** due to the fault (sudden loss of power) that the car experiencing during slight cruising/accelerating around or just under 30 miles/hour. The fault was confirmed with one of your engineering before the 30 days window and was booked for repair on 16 Sep. However, the problem is not resolved. In many situations, this was dangerous when changing lanes. Please, arrange a day to collect the vehicle.
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and his reply back was :


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With regards to your letter dated 21 09 16 and your request to reject your vehicle.

Unfortunately at this stage this is not an option that we agree with. When you visited us to report an issue we checked the car and it was showing no fault codes within the cars management system, at this point we also checked with Nissan to see if there were any updates for your particular model and there was an ECM (Engine control module) software update available which we downloaded to the car at the time.

If you believe you are still experiencing an issue we will more than happily make an appointment for an extended test drive with a technician to see if you can replicate the issue you believe you are experiencing, if during this road test we can identify the issue then we will look to fix it.

Please contact with the service manager and he will make the appointment for you at a convenient time.
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Do I have to accept his repair offer ?

[Kati]

Re: 30-day short term right to reject legislation - Consumer Rights Act 2015

tagging [MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] xx

[des8]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

You have exercised the short term right to reject a vehicle (was it new or secondhand?)
You do have to prove the fault exists, so to that extent it might be advisable to accept their offer to test drive the vehicle.
If they then accept there is a fault, you do not have to accept their offer to fix it.
If they do not accept a fault exists, but you continue to maintain the fault is there, you will need to obtain an independent report supporting your view.
Good luck!

[stdjmax]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

Brand NEW ...!!!
A test drive with a technician was perfomred on 26 Aug and he did replicate the issue.

The technicial confirm to me and to his colleague regarding the problem after the test drive.

[des8]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

So after they downloaded the update did they carry out another test drive, or just say "there you are, on your way"!.


What was the exact date you purchased the vehicle, and when did you take delivery?
It may be that your letter of rejection was outside the 30 day period, although you notified the dealer of the fault during that period.

How did you purchase the vehicle: cash/credit card/HP?

[stdjmax]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

I did HP through nissan finance

After, they downloaded the update they said: there you are, on your way"!

I purchused 18 Aug 16
Fault confirmed on the 26 Aug 16
Booked for an update 16 Sep 16
Sent the letter on 21 Aug 16

[des8]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

So you actually rejected the car on the 34th day after purchase.
If the car is still not running properly I would arrange for the dealer to test drive it as suggested.
If they agree there is still a problem, then at that point decline an offer of repair as they have already had one attempt and you do not have to allow another, and insist on a refund.
If they maintain there is no problem, you will need to obtain an independent assessment from a motor engineer,

You should also be notifying the finance house, as they are owners of the vehicle, and you will be claiming your refund from them


AS you missed the thirty day deadline they can make a deduction for wear and tear.
Bearing in mind the depreciation that occurs as soon as a car is sold you might want to allow them another chance at finding the fault.

[stdjmax]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

http://www.thecarexpert.co.uk/new-la...ra-protection/

this website says that :

1. Your 30 days is paused while a fault is investigated and repaired. This is to stop a dealer taking 31 days to investigate a fault and then decline to refund or repair because it’s outside the legal window.

Is true? what about in my case ?
This suppose to pause my period ..... right?

[des8]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

http://www.thecarexpert.co.uk/new-la...ra-protection/

this website says that :

1. Your 30 days is paused while a fault is investigated and repaired. This is to stop a dealer taking 31 days to investigate a fault and then decline to refund or repair because it’s outside the legal window.

Is true? what about in my case ?
This suppose to pause my period ..... right?

Yes, you are correct.
Sorry, but I misread your posts and thought download had been carried out on 26 August!
So thirty day deadline not missed!
Everything else applies.

[stdjmax]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

Thanks ...

Can you reject the car based on this ?

There is a significant mark at the windscreen. It is seems that it was a paper mark attached to the windscreen when it was kept in the warehouse.
Although I have cleaned the windscreen with vinegar and soda water and other chemicals , the mark is still very obvious during the day when the glass gets foggy. See the attach pic after intensive cleaning it.
https://www.dropbox.com/s/3uf27matu5..._6502.JPG?dl=0

I took the car to the dealer but he failed to clean it although he polished it out quite well.
And he suggest to replace the glass.
Can you reject a car for this within the first 30 days?Do I have to accept the windscreen replacement ?

[des8]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

The picture you posted shows a significant fault IMO, and would allow rejection under the short term right.
However I thought you had already rejected the vehicle due to the loss of power

[stdjmax]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

The expert technical says that this is gear change and does not seem to be at fault ... just a characteristic of the automatic gearbox
Lets hope that this will work

[des8]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

So if te gear fault was not a fault your 30 day short term right has gone.
You wil have to reject as goods not of satisfactoery quality.
As you are outside 30 day tie limit the dealer has the opportunity to correct fault within a reasonable time

[stdjmax]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

Actual the technical he told me his estimation but they have not officially answer to me that it is not a fault (So I am still waiting the official answer).
Can assume that this period is still on pause (due to the investigation) and do the short term rejection based on the permanent fault on the windscreen.

[des8]

Re: 30-day short term right to reject A NEW CAR - Consumer Rights Act 2015

So as you purchased the vehicle via finance have you informed the finance house of your rejection.

IMO you should in writing confirm your rejection on the basis (1)of the loss of power when changing gear (as confirmed by the dealers own engineers) and (2) the mark on the windscreen (a brand new vehicle should be in perfect condition when delivered).
The vehicle is unsatisafactory and you are rejecting it and require a full refund.
Yo can either deliver the vehicle to the dealership (at your expense) or they can arrange collection (at their expense)