NEW Vehicle - Early Right to Reject

[Stonecold]

Hello All

I was just after some clarification of where I stand with my current situation and the Consumer Protection Act 2015 Part 2 Clause 20.

I Purchased a brand new vehicle 22 days ago, on collection there were some minor QC issues that were agreed in writing that would be resolved once the dealer ordered parts and this would take a couple of hours. I spoke to them two days later and was informed the repairs would take longer than anticipated - no issue really apart from the 7 hour round trip !

The next day the vehicle developed a fault intermittent fault. Vehicle was returned to the dealer after 7 days of ownership for them to resolve all issues - the fault still has not been resolved after being with the dealer for 14 days.

Am I correct in thinking my Early Right to Reject time period was effectively paused at the point the vehicle was left with them and will only restart when its returned to me fully functional.

All guidance appreciated - is taking legal advice required at present ?

Thanks in Advance

[des8]

Re: NEW Vehicle - Early Right to Reject

Hi and welcome

Are you saying the minor issues identified on collection have not yet been corrected, and you have subsequently discovered further faults which remain uncorrected?

If so,, IMO the time was paused when the faults were identified and accepted by the dealer ie on collection, and the clock has not yet restarted,
Are you minded to reject the vehicle?

for reference:Time limit for short-term right to reject

(1)

A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

(2)

An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

(3)

The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)

ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)

the goods have been delivered, and

(c)

where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

(4)

If any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period (but without affecting the time limit in relation to goods that are not of that kind).

(5)

Subsections (3) and (4) do not prevent the consumer exercising the short-term right to reject before something mentioned in subsection (3)(a), (b) or (c) has happened.

(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 t

[Stonecold]

Re: NEW Vehicle - Early Right to Reject

Sorry - to clarify

Minor faults on collection - agreed to rectify when parts required arrive ( picked up on 2/9 and arranged to take back for rectification on 10/9 as I was at work in the following week ) new more serious and different issue noticed on 6/9 and dealer informed I expected this and the other issues resolved at the same time.

I'm told the original issues have been resolved ( but not physically seen this yes as the vehicle has been with the dealer since 10/9 ) newer issue still not resolved as a software fix required I'm told.

Happy to wait to see if this can be fixed as long as I'm not disadvantaged by the loss of my early right to return period.

Thanks

[des8]

Re: NEW Vehicle - Early Right to Reject

I would write to dealer explaining that whilst you are happy for him to attempt the repairs/update you know that your short term time to reject is stayed until the repairs are carried out,
which must be done within a reasonable time
cf CRA 2015 sec 23 (2) & (5) & (6)

[Stonecold]

Re: NEW Vehicle - Early Right to Reject

I would write to dealer explaining that whilst you are happy for him to attempt the repairs/update you know that your short term time to reject is stayed until the repairs are carried out,
which must be done within a reasonable time
cf CRA 2015 sec 23 (2) & (5) & (6)

Thank you

Will an email suffice ?

Cheers

[des8]

Re: NEW Vehicle - Early Right to Reject

Yes, but send "read receipt" so you have a record of him having it