New laws give car buyers extra protection

Car buying advice
Car buyers will benefit from the new Consumer Rights Act 2015

UPDATE – 28 SEPTEMBER 2016

Due to the huge number of questions generated by this topic, we have taken the time to replace this article with a brand new and more comprehensive explanation of your rights when rejecting a new or used car. Please follow this link to our new article from now on:

Rejecting a car – your consumer rights.

This old article will no longer be updated, and any questions will be directed to the new article. Many thanks, stuart.

(PS – if you’ve come here from the MoneySavingExpert forum, then they have been asked to update their links to the new article above. Also never take advice from the anonymous keyboard warriors on the MoneySavingExpert forum, as they are very often wrong and misguided!
stuart 11/08/2017)


Car buyers will get more rights when rejecting a faulty car from October 2015

From 1 October 2015, the old Sale of Goods Act 1979 will be effectively replaced for business to consumer (B2C) sales by the new Consumer Rights Act 2015, which is good news for car buyers. The new Act gives greater consumer protection in line with EU requirements.

The big benefit of the new law is that car buyers will have 30 days to reject a new or used car from a dealership if it has a fault which was present when you took delivery. The old legislation was vague and was not easily enforceable in the event of problems with a vehicle.

If a customer wants to accept a repair then they can, but they are not obliged to and can demand a full refund.

The new rules, which only affect private car buyers (consumers) rather than businesses, and only from cars bought from registered traders (i.e. – not private sales).  The Act covers both new and used cars.

This is a very powerful law in support of consumers, but it is important that you follow a clear and careful process to make sure you have the backing of the new law.

It is the customer’s obligation to prove that there was a fault when they took delivery of the car. Faults that only appear after you have driven off will not count unless you can show that they had to have been present when you collected the car.

The rules should be particularly useful when purchasing from auction, or other situations where there is little or no opportunity to inspect a car before purchase.

Tips for car buyers when rejecting a car

  1. A fault does not have to be a problem that renders the car undriveable. According to the Act, the “goods” (i.e. – the car) must in of satisfactory quality, fit for purpose and free from any defect.
  2. Inspect the car for faults before purchase, and get written confirmation that they will be addressed prior to delivery. Take photos or video to highlight the problem so you can compare to the ‘fixed’ result.
  3. Inspect the car for faults at time of delivery. Do not allow the dealer to rush you and do not sign any documentation on delivery until you have inspected the car thoroughly.
  4. Once you have driven home, inspect the car again. If you spot any problems, take photos or video evidence.
  5. If you notice any problems, cease driving the car as soon as is practical. Notify the dealership immediately, preferably via phone and definitely in writing (email is fine).  Explain the problem clearly and in detail, and supply photos or any other evidence.
  6. If you are interested in pursuing your option to reject the car, do not keep driving it unless absolutely necessary and there is no alternative. If you do need to drive the car, make sure you inform the dealer to avoid any dispute later on.
  7. Get everything in writing, with clear dates. If the dealer is happy for you to keep driving the car until they are available to look at it, get an email confirming that.  A car dealer’s verbal promise is worth nothing.
  8. This is not an excuse to change your mind because you don’t want the car anymore, or you realise that you’ve bought the wrong car for your needs. There has to be a clear fault with the vehicle.
  9. Rejecting a car will be easier for a new car than a used car, simply because there are fewer grey areas and everything should be working properly on a brand new car. If you are buying a used car, especially an older car, you will need to clear (get it in writing) about anything that is not working that you want fixed before delivery. If a dealer is offering a car with a known fault, and it is advertised as such and sold ‘as is’, you can’t reject the car because of that fault.
  10. The Act only governs faults that were present when you bought the car, not ones that developed afterwards. That’s what warranties are for.
  11. 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.

Unless there is a clause in the sales contract which says you are obliged to return the car, then it is the dealer’s obligation to collect the vehicle. You only have to make sure the car is available to collect.

If you are rejecting the car under the new 30-day ‘short term right to reject’ legislation, you are entitled to a full refund by the same method in which you paid for the car. The dealer cannot charge for usage, damage, wear and tear, collection of the vehicle or anything else.


UPDATE – 28 SEPTEMBER 2016

Once again, please note that this article has now been replaced by a brand new and more comprehensive explanation of your rights when rejecting a new or used car. Please follow this link to our new article:

Rejecting a car – your consumer rights.

This comments section below will no longer be updated, and any questions from readers will be directed to the new article. Many thanks, stuart.

Stuart Masson
Stuart is the Editor of The Car Expert, which he founded in 2011, and our new sister site The Van Expert. Originally from Australia, Stuart has had a passion for cars and the car industry for over thirty years. He spent a decade in automotive retail, and now works tirelessly to help car buyers by providing independent and impartial advice.

582 Comments

  1. Hi I bought a n American car from a small dealer on the 8th April the day we bought it home we realised the car seats were not original – the car had all the connections for electric seats but these were manual. It also looks like the panel has been changed as its a different colour and there’s a 4×4 button and it’s not a 4×4 . Today we realised there is no alarm – this is factory fitted and the key supplied works central locking but didn’t manually open the door. The dealer has said he will make right but finding the alarm tonight has been the last straw.
    Do you think we are in a position to legally reject the car

  2. Hi Stuart

    I have had a response from the dealer to my earlier post of a new car rejection under the consumer rights act 2015.

    They have sent me a buy back part exchange appraisal form to sign, which surely if I sign I am giving up my consumer rights and they are merely buying back the car from me? or is this how a car rejection would be handled?

    Your advice would be appreciated

    Regards

    Martin

  3. Stuart Masson

    Hi Akin. There’s probably not a whole lot you can do. There may have been a legitimate reason (eg – they have multiple sites and the vehicle was sold by another site and the paperwork hadn’t made it across to the site where the car was located), or they may just be unethical. All you can really do is take your deposit back and not buy another car from them again.

  4. Stuart Masson

    Hi Maz. It’ difficult to say – there may be legitimate reasons for each of the issues you have raised (eg – many cars with connections for electric seats even if they are not fitted, as it makes the wiring and installation costs cheaper). If it’s a used car then it’s entirely possible a panel has been changed. The 4×4 button is interesting, but if the car is not 4×4 and was never advertised as such then you’d be hard-pressed to say that there is a fault with the vehicle.

    If the dealer is prepared to fix any problems, it’s probably a better solution than rejecting the car. None of those issues sound like significant problems unless the car was not as advertised.

  5. Stuart Masson

    Effectively they do have to buy the car back, as you are now the owner and registered keeper. You can’t undo the sale, so it makes sense that they would handle it this way.

    Assuming that they are paying you the same amount you paid them, you’re not giving up anything.

  6. Hi I recently bought a brand new 2017 commercial truck I requested it to be delivered out of state so I don’t pay taxes on it now I’m having trouble getting it insured I haven’t took delivery on the truck yet but I’ve already signed my contract what are Mr rights at this point and can I do what’s called a rewind and get it delivered in California instead of out of state

  7. Stuart Masson

    Hi Ricardo. This is a UK website, and I don’t know what the relevant laws are in California or in your state.

  8. Hi Stuart, I took delivery of my car yesterday (19th) and thought all was OK till I drove it to work the next morning. I thought something was not right so I dropped it off at my local garage for them to look at and wow.Bare in mind it had a 12 month mot the cars faults were as follows…front discs warped, front wheel bearing worn, rear drop link broken,front wishbone broken and a possible problem with the injectors. Anyhow the bill comes to £600 when the car cost me £2000, so I contacted the trader who offered only to pay for bearing and discs £200 which I felt I had to accept. The garage is carying out the work now but do I have any recourse now to get the dealer to pay for it all. Bearing in mind it had a new mot which I have been told should have been picked up on. I was also told there was no warranty available for the car and he demanded to be paid in cash.
    Thanks for any advice in advance.
    Dave

  9. Stuart Masson

    Hi Dave. All in all, it sounds like a pretty shady operation. However, it is possible that the car did pass an MOT inspection if the inspection station was equally shady (and there is always slack in the system, despite legal requirements).

    With the collective number of problems you have listed on the vehicle, you should be able to demand either full repairs or a full refund under the new Consumer Rights Act.

  10. hi Stuart
    i purchased my car on the 24th march and on the drive home that day i had EML and warning lights on and car went into limp mode it was back by the 28th march and they had the car till the 6th April went to collect after advised car was good to go on drive home and had a warning light on again and took the car straight back to dealer where it was discussed about a refund but he told me he would put the car into Citroen which they did but while in the office it was discussed that if i had any more light on i would be return the car for a refund, i collected the car on the 15th of april and made it home no light on the 19th April i had the same warning’ engine oil pressure to low’ so phoned the dealer who advised us to take it back which we had to be towed back to garage i explained that enough was enough and wanted a refund he said he couldn’t as needed manager to authorise it is on holiday i recieved a call on the 20th telling me i’m not having a refund that they want to repair the car and hand it back i clearly explained that i don’t want the car i have had the car for 7 days in the last month where do i stand with a refund?
    kind regards Hannah

  11. Stuart Masson

    Hi Hannah. I would say that you should definitely be able to claim a full refund for the vehicle. You have given them opportunity to fix it, even though you were not required to, and you are still well within your original 30 days (the clock stops whenever they have the car, so although your original 30 days expires on 23 April, it would be extended by however many days they had the car back for).

  12. Hi all I’m a little confused!!! Wonder if anyone can assist I bought a car on the 7th jan 2016 from a trader the car had a few minor problems that weren’t described on the advertisement such as no sun visor, back door handle slightly loose and then discovered once I got home and put child lock on the back door didn’t open at all, minor issues that could be rectified at a small cost however on March the 22nd a more sinister problem occurred 5th gear stopped working completely when I was on the motorway, with my son who had just had minor head surgery, I was absolutely terrified, however I managed to drive the 45 minutes back home safely, I contacted a family friend who is a mechanic and he told me that my VW Golf should have a JYJ gear box but In fact has a VW polo gearbox fitted which is a lower ratio which has caused the 5th gear to go (9n destroyed) and it’s only a matter of time before the rest go, I’ve been quoted a price of anything between £600-£1300 to repair… I don’t have that sort of money so I contacted the trader and explained this and he told me that it’s my problem I’ve been driving the car for 3 months and that he had sold me a fully working car it’s now your problem, however I don’t think that’s correct or fair in any which way I’m not a mechanic and wouldn’t of been able to tell at the time of purchase which type of gearbox was fitted etc. I’d appreciate some guidance

  13. Stuart Masson

    Hi Amy. Firstly, always be cautious about third-party advice on technical matters. Volkswagen uses several different gearboxes for the Golf range, and some of the are the same as used on the Polo. It could be that your friend is 100% correct about the gearbox that is fitted to your car and the one that is supposed to be fitted, but I would get a Volkswagen dealer to confirm this.

    Even if the gearbox is not the correct one for your car, the dealer is correct that you have had the car for three months, and it would be difficult to prove that you didn’t have the gearbox changed after you bought the car.

  14. Hi Stuart,
    You advice would be greatly appreciated. I bought a 2004 Lexus Yesterday a trader outside London( 1 hr travel from my place). Me and my friend both do not have much knowledge on mechanical side thought car to be in good condition and was told it is checked 82 point check and is in good condition. I found one problem as oil leak and trader checked it and said it is not recent one. Thus trusting on everything took car and drove home. Paid part in credit card and partly in debit card. Couldnt get receipt as the trader said book has been taken away by his colleague for another sale and promised us he will post it.Just got the green slip and card payment slips with manuals ,hpi clear, 82 checks done paper. Today(yes in 24 hr time) saw oil leaking(engine oil) and dropping in the ground. Was really unhappy and called them.Being a sunday, was only able to talk to another employee, he said they can fix the issue if I get the car to them.But I insisted to return the car, as too far and could not trust on their repairs. which he was not happy and said he cant answer my question and only his boss can advice.Still waiting for his callback and no luck.Tomorrow Monday I am thinking calling and check when I can return.Also telling about this new 1 month reject policy .What do u think my chances are ?Please advice.

  15. Stuart Masson

    Hi Ian. It will depend on what is causing the oil leak: if it’s simply an overfill, the leaking should stop once the excess oil has gone. If it’s a more significant fault, then yes you should be able to reject the car within 30 days of taking delivery.

    It’s not at all unusual for dealer management to not work weekends, so you will need to speak to the dealer principal/general manager from Monday onwards.

  16. Hi wonder if you coulc help my son brought a bmw v8 17000 poundfrom a dealer with warranty after a week the engine went where does he stands please ty

  17. Hi Stuart,

    I bought a car six days ago, a 2011 Seat Altea XL, and have only driven it three times since then. Last night the DPF light came on, so I followed the manufacturer’s instructions and took it for a long drive with high revs to burn off the soot. This did not work, so I took it straight to a local garage, who have told me that it needs a whole new DPF, which will be somewhere between £1000 and £1500. I would rather return the car than pay this amount. Does my 90 day dealer warranty cover the DPF? And if not, am I within my rights under the 30 Day act, to return it for a full refund?

    Adam

  18. Stuart Masson

    Hi Michelle. If your son can show that the engine failure was the result of a problem with the vehicle at point of sale, he can reject the car for a full refund.

    If he cannot prove that the fault was present when he purchased the car, rather than as a result of damage caused after delivery, then he will need to claim on the vehicle warranty. He will need to check the warranty paperwork to establish how he needs to proceed on having the necessary work undertaken and paid for by the warranty firm.

  19. Stuart Masson

    Hi Adam. It sounds like the DPF was faulty at the point of delivery, but you will need to get proof of this if you want to reject the car for a refund. If you want to keep the car, you will need to speak to the dealer to have the DPF replaced. As to whether the DPF is covered by the dealer warranty, you will need to check the warranty contract (used car warranties are quite different from new car warranties, which would definitely cover the DPF).

  20. Hi Stuart, hope you can help, after owning my car for 1 year which I bought from Vehicle Supermarket of Ibstock for £6000, I went to a garage to buy another car and part exchanging this car. The dealer said there is 2 outstanding finances on it. Both finances are against the same garage. I tried contacting the garage and they have closed down, I think he’s taken out lots of finances on poor customers cars he has sold. He said to me we are a very company and everything is checked thoroughly so I didn’t need hpi check. I need to know how long is it before any finance on my car is written off, hope to hear from you soon, many thanks

  21. Stuart Masson

    Hi Kash. I would suggest visiting the forum at legalbeagles.info, which is a brilliant site for consumer legal advice and will be able to provide better direction on what your options may be.

    You will probably need to contact the relevant finance companies to check whether there is any money outstanding – it does happen that finance companies can be slow at informing HPI et al that they no longer have any financial interest in a vehicle, so it may be all OK. Doesn’t sounds great, though…

  22. Hi Stuart. My stepdaughter bought a cheap car from a dealer on March 18 and on April 25 it broke down with what has turned out to be a tensioner problem which I believe is something to do with the timing belt. The garage has said it is not worth repairing so it sounds like a major problem. In my opinion This problem must have been prevalent when she bought the car. cCan you advise me of her rights from here. Many thanks

  23. Stuart Masson

    Hi Geoff. Your stepdaughter is still within six months of purchase, so she should be able to demand that the dealer fixes the problem under the Consumer Rights Act. However, she is outside the 30-day window for being able to automatically reject the car for a serious problem.

  24. High Stuart. Thanks for the reply. Are you able to explain a little more about the 60 days you mentioned as I have not seen that before. Also what would the position be if the repairs cost more than the car is worth. Many thanks

  25. Stuart Masson

    A fault which develops in the first 60 days is deemed to have been present when the car was sold, unless it can be clearly shown otherwise. You are entitled to have the dealer fix the fault at no cost. If it cannot be fixed, you are entitled to a refund.

  26. Hi Stuart, I bought a car privately just over two weeks ago (11/4/16). It’s an Audi A3 Quattro. Within the last week it went in for a service where the mechanic showed me under the car whilst it was up on a ramp that the parts that drive the back wheels from the front transmission (making it four wheel drive) are not actually on the car. It drives fine but is not four wheel drive which is what I paid for.
    The missing parts are the transfer box and the propshaft that runs the length of the car from the front transmission to the rear transmission. I contacted the guy who sold it to me letting him know this and he wasn’t interested and said it he hadn’t done anything to the car is his ownership – it’s sold as seen – go away. If the car is advertised as a Quattro 4wd (I’ve just received the log book confirming it is a Quattro), then surely he’s misled me through his advertising. Can you please advise as to my rights in this case? Thanks.

  27. Hi Stuart, wondering if you can help me I went to purchase a car on Sunday and put a £1500 deposit down and said it would be subject to a hpi check that I would do on Monday. He advised me verbally that it had 1 owner. After doing the checks on Monday I have found out that it has had 2 owners (garage for a year and one other), it had warranty work done in february that recorded the milegage at 3520 and my sales invoice states 3200 and it has had 31 people do a check in the last 2 months and it is finance through the car dealership but will be paid once I pay. I feel uncomfortable with the whole situation and have asked for my money back and they won’t refund. How do I now stand. I have not put any signature on the sales form.

  28. Hi just read all of these but none quote like mine. I bought an Audi A5 a few days ago. Paid deposit over the phone, as the dealer is Purgeot in Doncaster (Evans Halshaw) and sales manager explained car was PERFECT. No scratches, no problems and serviced. Perfect example I was advised. Great, paid the full 17K by bank transfer and they send a driver to deliver, which came today. Driver parked on my drive and immediately there was a strong burning smell from the car. Really strong, could smell 5 / 6m away from the car.

    Car also has a 16inch giant scratch across front Wing, first thing I saw. And car had “service due” on the dash.

    I should have rejected right then but it was 7am and the driver was a separate company he didn’t know anything. He asked me to sign paperwork as he had to catch a train at 8am.

    I signed but wrong in giant letters CAR HAS TERRIBLE BURNING SMELL etc.

    I went to work in my wife’s car and called Evans Halshaw from work, they said it could be the car doing a “regeneration” and that can smell a bit like burning, but when I get home to start car and drive it, the smell should not happen then as it will have completed regeneration.

    I didn’t need to drive it as I started it and while not as strong, it’s a pretty obvious smell coming from the car.

    They also said service was fine but not at Audi and they cannot stop the dash permanently saying “service due” and they are happy for me to get scratch repaired and they pay.

    My concern is that I have never driven this car, and I don’t want my first drive to be Evans Halshaw 300miles away where I bought it OR even to their closest centre which is 45miles away, to have issues investigated on a car I haven’t even used!

    I also don’t want want the hassle of taking a car to body shops etc when I was told it was flawless.

    I have not driven the car. It’s Sat in the same spot it was left by their driver this morning.

    I have emailed rejecting the car but worried they will expect me to deal with all these issues! Any advice is very welcome.

    Thank you

  29. Stuart Masson

    Hi Martin. In the case of a private sale, there is no automatic legal protection for you. You would need to take legal action against the seller, and there is no guarantee that you would be successful.

  30. Stuart Masson

    Hi Helen. If the car itself is fine, none of those issues are really that important. 300 miles difference is not that important in the grand scheme of things – it’s still a low-mileage car. The issue of one or two owners doesn’t change a lot (it was probably a dealer demonstrator or loan vehicle), and it’s normal for dealers to finance cars rather than own them outright.

    Even if the salesperson has been exactly honest, it doesn’t necessarily make it a bad car. You should make him rewrite the contract to show correct mileage simply to cover yourself if it goes wrong and they turn around and claim you have already been driving it for 300 miles when you haven’t.

  31. Stuart Masson

    Hi Cas. You are completely within your rights to reject the car on multiple grounds.

    Firstly, the 30-day right to reject for any significant issue that was present at delivery (the smell, which is highly unlikeley to be a DPF regeneration).
    Secondly, it was not ‘perfect’ as described (although this was presumably a verbal description, which is difficult to prove).
    Thirdly, as the car was bought at a distance rather than on-site, you automatically have the right to change your mind. Have a read of this article on changing your mind after buying a car.

  32. Thank you for the response.

    The dealer actually did email the following:

    “I can confirm the car is in mint condition the alloys have been refurbished buy ourselves and there is no marks on the car what so ever I been out and check the car itself and everything works as should

    So it was not all just verbal.

    I had other emails relating to their servicing team having done everything etc.

    My instinct on this car is to reject because the integrity of the dealer is also under question, they have made multiple statements such as “your service indicator is on because we don’t have the equipment to reset this, only Audi does” – even that appears to be a complete lie.

    I’ve sent a request to reject and they have responded with a nice, but “legally considered” response. One point in particular was a concern:

    “I would like the opportunity to have my chance to fix these issues, if it goes to Audi and you are unhappy at what you here or there is a definitive detriment to the vehicle then I would completely understand your view to reject the vehicle. ”

    Highlighting that they possibly don’t accept my current rejection.

    I have responded to insist on rejection as I really don’t wish to be undertaking investigations, works and rectifications on a car that I was advised was perfect that I haven’t driven.

    We’ll soon see what they say.

    I will update you! Thank you again.

  33. Hi. I bought a 05 focus 2.0l titanium from a dealer on the 2/4/16. I part exchanged my old 02 focus estate. Within the first week it developed a starting issue, contacted dealer who said bring it back, we did.they had the car for 2 days and They changed a thermostat. Then 4 days later it started doing the same thing, contacted the dealer again who said bring it in. They had it for 3 days and changed the throttle body. We have had it for 6 days now and it’s now struggling to tick over. Contacted the garage again and they said bring it in next Tuesday and we will look at it again. All the time they have it they give me a courtesy car , all be it a pile of crap lol. How many times do I have to keep doing this? I have no confidence in the car now. Can I ask for a refund? How does the part exchange I did work out ? They gave me £500 for my old car but said it was going to auction? What am I entitled to back? This will leave me with no car ! What can I do as I’m at my wits end? My dealer is 18 miles away so is a pain back n forth all the time. Thank you so much in advance.

  34. I bought a from the dealer up until 9 months I discover that the lic disc and number plates are not corresponding , do I have the rights to return back the car and get another one

  35. They accepted the refusal! Now just have to hope for the refund! thank you

  36. Forgot to add I paid 1599 for car, got 400 for my part ex not 500 as said obove. Paid for on credit card. Came with 12 months warranty. I rely on a car for work and get kids to school so have had to keep using it but I mentioned this to dealer and was told he fully understands. I’m going to call him in the morning to see what he says but just wanted to make sure I knew what was what. Thanks.

  37. Stuart Masson

    Hi Louise. By the sound of it, you should be able to reject the car and get a refund. In this event, the dealer would give you a refund for the total price of the vehicle, including the cash value for your part-exchange – so you would get £500 instead of your old car back.

  38. Stuart Masson

    Hi Duncan. You probably won’t be able to return the car now, as it’s something you should have noticed before now. You will need to speak to the DVLA and have the discrepancy corrected.

  39. Stuart Masson

    Good to hear; glad it has all worked out well for you.

  40. Stuart Masson

    So you should get £1,599 back if you reject the vehicle, assuming that was the total price of the vehicle (£1,099 cash + £500 for your part-exchange).

  41. Hi I bought a brand new Audi .. I picked it up 2 days ago the original deposit and spec indicated that it would have telephone prep and apple play.. This was the spec I signed.. Several days later they sent me a spec sheet different to the original in an email.. The car arrived 4days later.. The car that I received did not have either Apple play or the telephone prep…I paid with a part exchange and cash.. Am I entitled to a refund? Or can I actually get the car I asked for ..

  42. Hi! I purchased a one year old Mini Cooper with less than 3,000 miles on the clock from my local dealer 10 days ago. Advertised as excellent condition, car had a couple of small marks noticeable which they said they would touch up but haven’t yet. We’ve just come back from holiday and, now the sun is shining, we’ve noticed that one wing of the mini has been damaged and repaired, quite badly! The paintwork is lumpy and bubbling in places and you can see other marks along the bumper where the car has obviously had a nasty scrape at some point in the past. Do I have the right to reject the car as I’ve had it under 30 days? It was sold to me in “excellent condition” and I wouldn’t of bought it if I’d seen the damage in the correct light.

  43. Stuart Masson

    Hi Nathan. It’s not necessarily that simple. You presumably signed documentation on delivery that said that the car was correct and in good order. To turn around a couple of days later and claim it’s not correct is going to really annoy the dealer.

    In terms of whether you can return the car for a refund, it will depend on the paper trail and what you actually signed when the car was ordered and when it was delivered – and whether those extras have been paid for. However, you should be able to get the dealer to acknowledge that the extras were originally on the order, and get them to fit those extras to your car at no cost to you (assuming the final price still included those extras).

  44. Stuart Masson

    Hi Niki. You should have a case to be able to reject the vehicle, although body repairs are not quite clear-cut when it comes to an appropriate level. The car was a used vehicle, even if it was a year old and had done less than 3,000 miles, so it is not unreasonable to find that the car has had bodywork repairs.

  45. Good evening,

    I purhased a car from Evans Halshaw yesterday a 2009 Peugeot 308 Automatic. Opted for an extended mechanical and breakdown warranty whichI fear may actually be virtually useless after reading reviews online.

    However I have noticed a jerking and clunk/knock when changing from 1st-2nd gear enough to knock the car back and pretty loud in the cabin.

    So a day after purchasing I have emailed the salesperson I bought the car with to enquire about the issue and if the car can be seen – IF there is an issue would I be covered for the repair or would they say its wear and tear on a 7 year old car, despite me only driving for 50 miles since purchase?

  46. Stuart Masson

    Hi Gregg. You should certainly expect them to repair the problem, and I imagine it would be acceptable cause to reject the vehicle under the Consumer Rights Act.

  47. Hi my name jay I recently went to buy a used car they had me take it home because I was waiting there all day to get financed and then finally they got me approved and they were closing so they put a temp dealer plate had me give my deposit and let me take it home as I.was driving home the steering on the car was not right and making noises.I called that nite to let them know and left a message because they were closed. I have not driven the car since I got home with it can I return the vehicle and get my down payment back . I have not signed a purchase agreement but they had my wife who is co signer sign it because she cant go back to dealer with me. I have the car for 1 day because they are close on sundays .

  48. Stuart Masson

    Hi Jason. Assuming there is a significant problem with the car, you should be able to reject it. You will need to inform the finance company as well, and formally withdraw from the finance agreement under your 14-day cooling-off period for the finance.

    Alternatively, you can insist that the dealer fixes the car.

  49. Please could you give me some advice. We bought a car last Monday £600 and PX on our 52 plate Vauxhall Zafira for a 55 plate Renault Grand Scenic. We paid the £600 and was told that the would put 12 months MOT on the car and told it would be ready the next day. The day after I phoned up and was told that it failed MOT on a few things and that would be ready on the Wednesday, got the same Wednesday it wasn’t ready and he would phone when it was ready. Didn’t hear anything so called again Friday and was told would be ready Saturday but we went away with it being bank holiday weekend. Phoned today and couldn’t get hold off the owner, so they give me the number off the garage when they where doing the MOT and was told they wouldn’t release the car till the owner of the garage where I purchased the car paid for work done on it. Been trying to phone the owner of the garage where I bought the car and he is now ignoring my calls. Decided to look for feedback about the garage and was horrified to see the feedback from other customers, that he demanded payment towards repairs done.

    http://www.cardealerreviews.co.uk/dealership/trade-centre-warrington-warington-cheshire-england

    Seems like he’s done this quiet a lot with other customers. Luckily I’ve still got my Zafira but he’s got the £600 I paid . What can I do as really worried now. Would you suggest I go to garage and see what’s going and try and get my money back.

    Regards

    Jenny

  50. Stuart Masson

    Hi Jennifer. He sounds like a lovely individual. I would suggest getting some professional legal advice on how to handle this – start by visiting legalbeagles.info, which is an excellent consumer advice site, but you may need to engage your own solicitor to ever see your £600 again.

  51. Hi Stuart
    Need some advice I bought my car 21 days ago and the engine made a huge banging noise and stopped contacted the dealer who was excellent he took the car has told me that he is putting a replacement engine in as we speak. But unfortunately we don’t trust the car where do we stand
    Thank you for any advice Andrew

  52. Hi Stuart,
    I bought a 2nd car 1st april 2016, on the drive home the engine management light came on, my dad a mecanic checked my vehicle (chrysler voyager) and the diagnostic machine said bank 1 senor o2 sensor. I spoke to the dealer i purchased the vehicle from, he advised me to get some quotes from local garages to get it fixed, which i did. He said the prices were expensive ( around £150 -£185) he said he would like the vehicle back to check it with his mechanics, i needed the vehicle to get to hospital appointments so we agreed i would call him within a couple of weeks. When i called to arrange repairs he said he had no courtesy cars, call in a few days, so i called again, same story no courtesy cars. I left it a few days, called him again, he now said he would pay for a local garage near me to repair, the vehicle went in for repair 28th April, but the light came back on after about 30 miles. I took it back to the garage that carried out the repair, they said its still the same fault code and they would need to carry out full diagnostics Testing which would incur a £48 charge. I called the dealer to explain, he is unwilling to pay for the diagnostic test, and made no suggestions to return the vehicle to him, he basically told me to pay for it, and to then call him with the outcome. Where do i stand with regards to payment for repairs? Im quite happy to accept the £48 charge as it will determine the problem and give me peace of mind that i know what the problem is. Is it the dealers responsibility to pay for repairs? Can i return the vehicle and ask for a full refund if he is not willing to repair?
    Many thanks
    Marie

  53. Thanks for the advice. Have wrote a email to trading standards with all the information. Also just found out the mileage we where given is totally wrong. We where told it had been reset for some reason and the actual mileage was 80,000 which we signed to say we understood. Have found out that the actual mileage is 175,000 a big difference. Surely as they have 3 garages in Cheshire trading standards should do something about it as the feedback I have ready is shocking and don’t know how he still allowed to trade. All I want now is my £600 back so I can get a car from elsewhere.

  54. Also shocks me with all the complaints they have received they are allowed to sell on auto trader. They have hundreds off cars advertised on there.

  55. Please could you give us some advice Stuart. We recently bought a Mercedes C-class C200 from an independent car dealer who advertised the car on Autotrader. (We have saved this ad) The car was under / around a year old and covered only 1650 miles and still had 2 years left of Mercedes warranty and HPI Cleared. We part exchanged our Civic Type R and transferred the rest of the balance via bank transfer.
    The car had issues with the seat belt not retracting / jamming which he said he would solve but was given little notice of our arrival and shouldn’t be alarmed as he had ordered the parts and I could take it to Mercedes or any other garage of my choice to have it fitted and also an Collision Prevention Assist Inoperative warning which the independent dealer said was not working as it wasn’t part of the Mercedes SE Executive model package and could be turned off. We were assured that any other faults would be covered under warranty and he had taken additional warranty out on the vehicle and we have 3 months warranty with him if anything was to go wrong.

    We took the car to my local Mercedes dealership to have the car inspected and the seat belts sorted today a week after purchasing the car (was the earliest date available) and Mercedes told us the seat belt was incorrectly installed causing it to jam, the drivers seat airbags was exposed, the collision prevention assist inoperative warning error came back due to an incident with a ‘crash report’ and that the whole rear quarter and parts of the door of the drivers side has been made up of fillers and whole cars resprayed to a poor standard. Signs of over spray was visible thought out and was pointed out to us buy their body shop professional. From their inspection of the vehicle they believe the car had been involved in an accident. They also told me that the car would most definitely NOT be covered under their warranty and would not take it in as a part exchange.

    I have spoken to the Independent dealers about this and he claims that he did not know anything about the car previous history of having any body work done on the vehicle or that the car has been involved in an accident. He claims that the car was bought through auction like most dealers and that it was HPI clear and an assured vehicle. He also said that there was no report from the auction stating the car had any problems or issues with the bodywork.

    The Independent dealers has also called to say our part exchanged type r has ECU issues and was reprogrammed and cost £1300 which he wanted us to pay. He said the car was taken as part exchange and not on a ‘sold as seen’ agreement. We have never ever experienced any electrical issues with our Honda and was a sound car having just driven nearly 3 hours to buy the Merc without issues and he even test drove our car without any issues. Where do I stand in this matter?

    After taking a second look at the receipt or ‘Bill of Sale’ we noticed in small print that we had signed against the following agreements.

    ‘ The buyer has inspected and test driven the vehicle and is happy with it’s visual and mechanical condition. The buyer has purchased the vehicle at their own free will and has not been harassed to do so. The buyer values the vehicle at the price that they have paid.

    The Vehicle is SOLD without any additional WARRANTY or GUARANTEE to that implied by law. The Buyer is entitled to an independent garage or AA/RAC Inspection.

    Seller declares that the car is road worthy and appropriately MOT’D on the purchase and or delivery date.’

    We are quite devastated to have found all this out about the vehicle after driving the car back 3 hours and being told that the car to have been involved in an accident which the independent dealer never disclosed to us in person or on this advert and also denies any knowledge of the car having being repaired. He has also stated that he can’t just refund the money if we are not happy with the vehicle and that he will need to take it up with HPI to have the car checked etc.

    Please help as I would like to know where I stand on getting a full refund and my car back

  56. Hello, I’ve only just learnt about the new consumers rights. May I ask for your advise please.
    My daughter bought a second hand VW Eos from a car sales. It’s a 59 plate with less than 60.000 miles on the clock. She bought it on the 11 January 2016. It developed a fault last week. The engine management light came on and the car was vibrating. As it was 10 days out of it’s warranty week took it to our local car repair garage who tried to fix it but couldn’t, they tried changing the spark plugs and coil pack as this was the most obvious thing to do. However this did not cure the problem and they recommended that we should to take it to VW for diagnostics. The car is misfiring and has an incorrect fuel pressure reading (local garage diagnostics.) It is due to go to VW on Thursday at a cost of £95 for the diagnostic test. Should she have contacted the garage where she bought it from? is she too late to contact them now as we have started the process of investigating the problem?

  57. Hi Stuart

    Paid £2000 deposit on a brand new car and picked it up just recently. After less than 300 miles the engine developed a fault.

    The car is back with the dealer, who has been great so far, and I have a courtesy car. They have attempted to rectify the fault but have informed me that it returned whilst testing. They have informed me that are in discussions with the manufacturer and have escalated things as the car is a premier product.

    Should I let the dealer continue to resolve things or should I raise the issue of a replacement car or reject it? I have to say they have treated me very well thus far.

    Regards

  58. Stuart Masson

    Hi Andrew. An engine failure would definitely constitute a significant fault. You would have to show that it was a fault that was present when you bought the vehicle – the dealer replacing the engine doesn’t automatically assume that, however replacing the engine is a significant cost, so it is something of an acknowledgement.

  59. Stuart Masson

    Hi Marie. It does sound like he has been trying to continually put you off and keep you driving the vehicle until you are out of your 30-day window to be able to automatically reject the vehicle. I would suggest visiting legalbeagles.info for some advice about how to address the situation.

  60. Stuart Masson

    Unfortunately, crooks like this still exist in the motor trade, and they get away with it until someone is able to pin them down through Trading Standards or the Financial Conduct Authority. And often, after they get shut down they will just open up again somewhere else under a new name.

  61. Stuart Masson

    Hi Wai. Sounds like you are being given quite a runaround, but let’s look at the key points:
    – the seatbelt fault/collision prevention system fault should be enough for your to reject the vehicle under the Consumer Rights Act 2015, regardless of whether the dealer offers to repair it
    – the dealer is not obliged to tell you that the car has been involved in an accident. If you have specifically asked that question and the dealer has lied to you, that’s a different story. If an accident is severe enough for the car to be written off by the insurance company (but still legally able to be repaired), that has to be declared and would also show up on the HPI check
    – the part-exchange excuse sounds like rubbish, and is not your problem. Part-exchanges are always sold as seen, so unless the car’s condition has changed between the dealer appraising it and you handing it over, there’s nothing you need to do.
    – you do have a responsibility to check the condition of the goods before you hand over your cash, or sign anything. If the body and paintwork issues were present and visible when you bought the car, you can’t really complain about them afterwards.

    So yes, you should be able to reject the vehicle and get your money back, but you need to keep the argument to the relevant points (seat belt/collision prevention assist system). Same goes for any attempt to extract money from your part-exchange.

  62. Stuart Masson

    Hi Rachel. It’s a seven-year-old car that’s out of warranty and purchased about four months ago. You don’t have any rights under the Consumer Rights Act, and would really only be able to make a claim against the dealer if you were mis-sold – but that doesn’t appear to be the case in this instance.

  63. Stuart Masson

    Hi Dave. You are covered by the New Car Warranty, so you can insist that the fault is properly fixed and the manufacturer is likely to make sure this is done.

    Rejecting the car may well be an acceptable option for you, but the dealer and manufacturer are likely to do their best to talk you out of that (as they will lose a chunk of money), and it will also involve cancelling your finance agreement and starting over – and you may lose the courtesy car while you are waiting for your new replacement car to arrive. If the car is suitably repaired in a reasonable timeframe, that is probably the easier option.

  64. Thank you for your reply. It’s a 2010 registration so it’s 6 years old. The act states the car must be “as described” &”of satisfactory quality” &” fit for purpose” taking into account the car’s age and mileage. Surely we would be able to expect a 6 year old car to be of satisfactory to last longer than 3 months and 15 days? I know I sound like I’m clutching at straws here but a 6 year old car costing £5999 should last longer than that surely?
    It’s just making me feel I’ll that my daughter saved up to pay for a car (it’s not on finance) and it’s undriveable. To lose nearly £6000 is awful.

  65. Stuart Masson

    The problem you would have is showing that the problems were present when your daughter purchased the car and were not caused by her after purchase. On a six-year-old car that has covered 60,000 miles, it is difficult to prove – which is why cars of that age don’t come with warranties.

    You can take the matter up with the dealership, but your chances of succeeding are likely to be low.

  66. Hi Stuart,

    We have a BMW that has a fault with the steering column and was reported verbally to the garage 13 days after purchase. They stated that this was probably due to being “new and tight” and that everything probably needed to loosen. 3 months on, the car has now been back 3 times and has had this and other front suspension components replaced due to being faulty. There have also been several operational failings of the garage as at times they told me the car was safe, then it wasn’t, now it is again… I’ve stated to the garage that I want to reject the vehicle based upon not being mechanically fit for purpose, but they are dragging their heels being incredibly slow in the process. They have also stated several times ‘if BMW UK accept the rejection’ and ‘they may state it’s a replacement of the same model only’. From everything I’ve read here, that doesn’t sound right. I’m concerned that they are trying to stall and will be difficult in allowing me to reject.

    Can you advise please what my rights are here regarding A) rejecting the vehicle, B) refusing to accept a replacement of the same vehicle, C) asking them to expedite the process.

    Many Thanks

  67. Thank you for your advice, it’s helped clarify where we stand.

  68. Stuart Masson

    Hi Simon. Have a read of our recent article about how to handle a dispute with a dealer. You should probably contact BMW UK directly, so you can raise the dealer’s poor performance as well as the vehicle fault.

  69. Thank you for your response, i will look into it.

  70. Hi Stuart,

    I recently purchased a car from Arnold Clark this was 5 days ago, this morning upon starting the car it struggled to start and then the engine was making an awful noise and a error message came up. It came with a 2 month warranty but I’m not interested in getting it repaired am I entitled to a full refund ?

    Many thanks
    Jacob

  71. Hi Stuart,
    I put £150 deposit down today for a Nissan Juke on finance, I’m a young girl and I went in by myself sure I wanted the car but just too look and get some figured today to discuss when I got home! I ended up leaving with an agreement to pick it up on Tuesday! As I felt very pressured. I love the car and I do want to keep it however I didn’t look under the bonnet as I was planning to go back at a later date! I didn’t get a look at the service history, MOT or to test drive! Because as soon as I said about knowing finance details they wanted to do that! As you can imagine I’m very worried! They are a good garage and I know people that have brought from them before! Should I arrange to get the car checked over by say the AA before I leave with it on Tuesday? And drive it to make sure I’m happy before I sign anything else?
    Do I have any consumer rights? Please help!

    Many thanks Sophie

  72. Stuart Masson

    Hi Jacob. If you only bought the car five days ago, why are you not interested in getting the problem fixed?

    You may well have a case to reject the vehicle, but the fault may not be difficult to fix. From previous readers’ comments, Arnold Clark is a difficult company to deal with after a sale, so you may be up for a fight to reject the vehicle.

  73. Stuart Masson

    Hi Sophie. Firstly, you are responsible for your making your choices, so regardless of whether you feel pressured, it is still your choice to sign a contract or pay a deposit. No car dealer can force you to do that. Now that you have bought the car, trying to insist on an AA inspection doesn’t really change the fact that you have already bought the car.

    However, high-pressure sales tactics are poor form and no dealer should be engaging in this sort of behaviour. But unless they have misled you in any way, it would be difficult to cancel or amend your contract.

  74. Hey Stuart,

    I purchased a car a week ago, the dealer said the car was fine everything good with the car and its recently had MOT, he also said there’s a 3month warranty on the car apart from the exhausts or brakes, anyways when driving the car it makes a loud sound we took it to another mechanic today and he said the exhausts is all broken and petrol is leaking, also when i drive sometimes the engine light goes on and off and when i accelerate the car starts too shake, anyways due to the fact he said the exhausts was not included in the refund am i still obliged for a full refund? In addition to this i scratched the wheels a bit whilst driving because the car would shake when accelerate and this mad it hit the curb.

    Thanks Dave

  75. I have placed a deposit on a van at a local (to me)van dealership. The van was not advertised but was on the sales lot for £2795. The odometer reading was 81,000 miles and the dealer verbally confirmed on several occasions that the mileage was 81,000. I agreed a sale with the dealer and signed a used vehicle invoice which the dealer has written the mileage to be 81,000. On returning home, I ran a MOT check and found the van had covered 133,000 miles by June 2014.
    The used vehicle invoice has 3 statements on it as follows
    1. I have been given full opportunity to examine the vehicle and accept its condition.
    2. I declare that I am the buyer of the vehicle described above at the stated price.
    3. I understand that no warranty as to the accuracy of the mileage has been given or implied.

    Can I refuse to pay the balance due to having found out the vehicle has been clocked and reject the sale of the vehicle and can I expect a refund of the deposit?

  76. Stuart Masson

    Hi Dave. It sounds like the car has multiple problems beyond the exhaust if you want to claim warranty on the petrol leak, engine warning light and shaking.

    If you don’t want the car, you should be able to reject it under the new Consumer Rights Act – the exhaust being excluded from the warranty doesn’t exclude it from the law when it comes to rejecting the car.

  77. Stuart Masson

    Hi Matt. Yes, the car has been mis-sold. The dealer should have access to the same MOT reports, which will show the mileage is far more than advertised, so they have no excuse for not knowing that the vehicle has been clocked.

  78. I bought a car and once I got it home in the outside light I realise that the car has been damaged as the paint on it doesn’t match. Is it the dealers responsibility to sort it out? Thanks

  79. Stuart Masson

    Hi Lee. If it’s a used car, a dealer only needs to declare damage and repair if it’s a Category C or D insurance write-off, unless you specifically ask if the car has ever been involved in an accident.

    If it is a new car, you would certainly have cause to complain to the dealer.

  80. Hi Stuart, I bought a Land Rover defender (W) reg in November of last year and have since had a multitude of problems. It has been returned to the trader for repairs (not carried out) and I was not made aware of the fact that the vehicle had been “clocked” in 2010 which I later found out after checking it’s MOT history online. This explained the coincidental loss of the service booklet – which was replaced and a new one given 6 stamps but no details…
    The vehicle cost me £10,450.00 and trading standards have waded in but I am concerned I will not get my money back, what chance do I have in your opinion? Are there any other methods I can adopt to claim the money back successfully? Thankyou

  81. Hi Stuart,
    I bought Jag XF 2008 for 9000 pounds from a trader with a 15 months warranty, 12 months MOT, after 2 weeks automatic transmission started playing up, took it to the garage, they found leak from auto transmission, so I rang trader and he said bring it to us and we will fix it. After two weeks of waiting for a repair they called and said they fixed the leak but now it is even worse, car has problems with changing gears – automatic transmission failure. Today I rang and they said tomorrow they will have some info from the garage, they also said if there is no fault on the computer it will be hard to repair it on warranty because no proof. What should I do in this situation? go to court if they want to ”wash off their hands”?

  82. Hi purchased car on ho got it wed night noticed it was making rumbling noise booked it in with local garage who could only take it the Fri morning, they diagnosed issue with alternator so called dealer that day they said bring it in mon they’d replace part (alternator) and would get it back same day, contacted finance company to make them aware they told me i had 14 days to reject anyway if not fixed properly, this is wed I have had to chase up dealer as they havent once called me, was told today alternator was faulty but sent away for testing and would get back tomorrow with new bearings in it but that they wouldnt replace for new alternator as its over £700 I phoned dealership to find brand new part is under £300 so phoned dealer back to ask if they would pay for that to be told my alternator had just come back with new bearings in it. But it wld be ready tomorrow as I also reported another noise from front driver side which wasnt noted by person spoke to when arranging with them for car to go back in, i informed finance company and they have opened complaint but say I cant hand car back got to follow procedure which can take 56 days only if car hasnt been repaired properly can I get it checked independently then go down route to hand it back, but they havent kept to their agreement New part fited in one day, haven’t contacted me on any occasion, and dont understand why first person I spoke to at finance company said at any time in first 14 days i can reject car if now they are saying I have to follow this lengthy process, this has now been 7days since purchase I know i have to act fast, what can I do, can i just tell dealer to keep car as not happy with their service and the run around with repair and is finance company at it

  83. Stuart Masson

    Hi Ian. If Trading Standards are currently involved, you are probably best advised to let them proceed through to a conclusion before you try anything else. The chances of getting a full refund and handing back the car are probably very slim, and it will probably take a legal battle – with no guarantee that you would get full settlement.

    As for the car’s fundamental lack of reliability, it sounds about right for a Land Rover…

  84. Stuart Masson

    Hi Bart. If the dealer has acknowledged the transmission problem and attempted to repair it, they would have difficulty denying it subsequently for warranty purposes.

    Used car warranties are often pretty flaky, so you could be in for a battle if you want to hold them to it. If you are still within 30 days of purchase, you could try to reject the car under the Consumer Rights Act (2015). If you are beyond 30 days but less than six months, you can demand repair of the transmissions – and if that fails to fix the problem, you can demand a refund. You may have to fight to get that, but it’s probably a better bet than relying on the warranty because the law is quite clear and warranties are often not.

  85. Stuart Masson

    Hi Julie. You have 14 days from the finance contract being activated to withdraw from the finance agreement, however this is simply cancelling the finance – it has nothing to do with rejecting the car. It simply means that the finance company will invoice you for the amount financed since you have cancelled the finance.

    You have 30 days from taking delivery of the car to reject it under the Consumer Rights Act (2015), and I would have thought that alternator failure would be a valid reason to reject the vehicle. However, you have requested that the company repair the problem rather than rejecting the vehicle. You do have six months from delivery to reject the vehicle if the repair does not work. However, you will need to work with the finance company if you are trying to reject a vehicle on a Hire Purchase, because it is ultimately their car not yours.

    If you are still within the 14-day window since purchasing the car, you can withdraw from the finance agreement and reject the vehicle (two separate issues). The dealership will either have to give the finance company its money back, or give you the money to pay the finance company back.

  86. Hi Stuart
    I am hoping you can help with my problem. My partner bought a camper last week that was described in writing on eBay as having a very solid underbody and that they couldn’t see it needing much to mot. It did not have a current MOT but with this description and the assurance from the seller that it was in driveable condition we bid on it, won and paid a deposit. We drove it straight to an MOT garage to be serviced and then were given a huge list of mechanical faults which were clearly not recent faults, told that the brakes were highly dangerous and that it was full of rot on the underbody which had been undersealed. A second garage confirmed this and also stated that there were two fire risks found due to the fuel tank being rotten and the electrics under the dashboard being unsecure. The seller had let my partner drive away with the vehicle in this condition. The seller turned out to be a dealer and is currently in the process of selling another vehicle. After further research I also find that he has had a review describing a similar dodgy sale. He never at one point mentioned the vehicle was unroadworthy. I would like to pursue a refund as he sold us the vehicle with misleading information. Is this something we are entitled to?

  87. Stuart Masson

    Hi Isla. Yes, I would say that you should absolutely be entitled to your money back. I would also report the dealer to Trading Standards while you’re at it.

  88. Hi Stuart, some great reading and advice here. Could you give me your opinion on this matter.

    I bought a second hand Mini Countryman from a main agent on 22nd April 2016. Did not notice until later that day that the back brakes were making a grinding noise. Telephoned the next day and was told could be due to being stood a while, and to give it a good run and if the problem persisted to call back and they wou.d check the car. The noise was still there after the weekend of driving so called bakc and the car was booked in to be looked at. The result was they wouldn’t do anything as the car was safe to drive. I wasnt happy and wanted to know what was causing the noise and would they drive round with their car like that. I also asked would new discs and pads cure the problem and was told yes. Much telephoning has been going on mainly one way from me to them, with no one returning promised phone calls. Its been 3 weeks and the last information I got was the sales team are not going to pay for the work and neither is service dept.
    The sales manager who was so concerned about good customer service and promised to do all he could has not been in touch or returned any calls despite my number of calls to him.
    Do I have any legal rights in relation to this problem?

  89. Hi Stuart, so under this current system are dealers able to sell cars with faults IF they disclose them to you in writing up front. I have bought a few trade ins from a local garage over the years and they tell me what is wrong with them (anything from a noisy turbo to a broken electric window) and then sell it to me at a low price. I have bought my last 4 cars this way as I’m happy to fix them myself. Just wondered, thanks John

  90. Stuart Masson

    Hi Brian. Your chances of rejecting the car under the Consumer Rights Act (2015) could well depend on whether the actual braking performance of the vehicle is affected.

    If you are otherwise happy with the car, I would suggest complaining to the dealer principal/general manager and keep bugging them until they sort your problem out. For more information, have a read of our recent article about resolving a dispute with a dealership.

  91. Stuart Masson

    Hi John. The dealer should certainly make sure that any known faults are brought to your attention and then listed on the contract. If you are happy to buy a car with a known issue, you can’t really complain about it afterwards. But if a fault develops that you were not aware of when you purchased the vehicle, you don’t want to get into an argument with the dealer about whether or not they mentioned it when you were buying the car.

  92. Hi Stuart, Another desperate mum I’m afraid! My son just bought a 17k 6mth old car this morning, drove it home (1.5hrs from dealer(main dealer)) only to find that the locking system is faulty and the car won’t lock at all. He then drove all the way back to the dealer who informs him although it is covered under warranty, this problem does not come under this and they have asked for the car back again on Monday morning to repair. My poor son is at his wits end as he needs to work and it is unlikely he can take the time off work. Are we within our rights to request a local garage to my sons work to repair it. The dealership have said they cannot do this as it is their sole problem and we must take it back to them. To top it all my son gave up his fantastic 2 yr old car and added cash to pay for the new one. He has asked if they can give him a courtesy car or let him have his old one back and they advise because the service dept are not open until Monday morning this is impossible. We don’t know which way to turn as he is currently driving home with a car which won’t lock and will be at risk unless he sleeps in it all weekend. I paid a deposit for the car on my credit card for £250.00 but he paid the remaining cash on his debit card which we are unable to stop. Have you any ideas please as to which way we should proceed. Should we just insist on a refund and tell them to come and collect the car from us, but then my son will have nothing to get to work in. Any advice you can give would be much appreciated. Thank you so much, your service is invaluable.

  93. Can you confirm what the legal requirements are for providing two keys with a used vehicle if brought from a garage please.

  94. Stuart Masson

    Hi Karen. If the car is only six months old, then its New Car Warranty should cover the locking issue, which means any franchised dealer from that brand will be able to take care of the problem. I am not sure why the selling dealer would insist on him having to go back there to sort it out.

    If you want to reject the car, the dealer would have to refund the price paid in full. However, this does not necessarily mean that your son would get his old car back, as the dealer would only be obliged to pay the cash value instead (so it would depend on whether they have already sold it on).

    In terms of courtesy cars, there is no legal obligation for any dealer to provide one, so your son will have to find a way to manage the inconvenience of not having a working car while it’s sorted out one way or another.

  95. Stuart Masson

    Hi Amber. There is no legal requirement that I am aware of for a dealer to have to provide two working keys for a used car. If you have asked before agreeing to buy the car and been told that it had two keys, you would have grounds for insisting on the dealer supplying two keys.

    On modern cars, keys are a big security issue as hotwiring a car is virtually impossible. If you don’t have both keys to your car, there is always the risk that someone else out there has a key to your car.

  96. 3 weeks ago I purchased a brand new Vauxhall Viva, on my order form and finance agreement it states 5dr SE A/C because when purchasing the vehicle I did say that air conditioning was important. When I picked up the vehicle it wasn’t my immediate thought to check that it had air con and I realised a week later that it doesn’t have any, I have emailed and telephone the dealer but they are being quite elusive. I did get to speak to someone yesterday and she basically tried to say to me that the price I have paid wouldn’t have included air con but surely the vehicle order form and my finance agreement say different. I am supposedly expecting a phone call from the manager tomorrow so I really would like to know my rights – please help

  97. Stuart Masson

    Hi Rachel. If your contract says that the car is supposed to have air-conditioning then the dealer should have to honour it. Really it is something that you should have checked before you drive off if it was a specific feature of that model, rather than noticing a week later, because it make rectifying the problem much more complicated.

    The dealer may try and argue that you signed paperwork confirming that you have inspected the vehicle and accepted delivery for the car, so you don’t have the right to complain about it now. However, that is really more of an attempt to dodge their responsibility in rectifying the problem. I have no idea whether air-conditioning can be fitted to your car of it will involve replacing the vehicle, but either way it will be expensive and that’s almost certainly why the dealership is dragging its feet.

    For more information on managing this issue, have a read of our article about how to handle a dispute with a dealer.

  98. Hi Stuart,

    excellent article.. I bought a smart car from Carspring on April 25th, they told me they could not deliver the car to me until May 10th (then tried May the 11th). as it was to have two independant AA inspecions and an MOT plus valeting. Carspring apperently are a new way of buying a car. I have only gone on the scant infomation they have provided and the few images on line but was reassured by their recommendations etc positive FBpage

    Car arrives on May 10th. Theres a crack in the windshield, leak in the boot and the valetting is appalling and the panoramic roof has loads of crazy paving.. – I informed the Managing Director of this (i had prior issues due to the time frame so had his number etc)

    He stated that they would sort everything out. Organised autoglass for the windscreen but organised it at a time unsuitable for me so had to cancel and a week later, that is getting sorted.

    The weird bit… the mileage doesnt match the mileage on the report. The report actually states it over a 1000 more than on the odometer.

    The car runs perfectly fine and is exactly what i wanted but the niggles expecially the odometer business worries me.. surely the dealer is not allowed to over exagerate the mileage and they hjave lied to me about the MOT (MOT dated April 7th)

    Who can I report this too?

  99. Stuart Masson

    Hi Allison. Firstly, it is entirely possible that the MOT tester simply copied down the mileage incorrectly. You should be able to check the car’s full MOT history and compare it with the service books (if you have them), which should throw up any suspicious mileage aberrations.

    If the car’s odometer does appear to have been tampered with, you should report it to Trading Standards.

  100. Hi, I’m needing some advice. To make a long story short. I was buying a 2010 chevy aveo which I got in Dec 2014. And never missed a payment until last week. I’ve already put over $1500 in repairs for the car and still never resolved the over heating problem. Well last month I had like a week or so that the car ran good so I decided to take a little trip for my bday. And the car broke down on me on the way back home. The mechanic said that the car is pretty much unfixable. And come to find out that the manufacturer just made a bad car. Everyone that has gotten one of these cars went through the same issues. I called the finance company and told them I was gonna take a loss. I didn’t have the money to even think about getting all those repairs. Am I obligated to find away to get the car to them? And am I entitled anything? What are my options? By the way I live in North Carolina and the car broke down in Tennessee. Thank you for your help.

Comments are now closed for this post.

Lost Password

Share
Tweet
Stumble
+1
Share