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 Stuart

    I brought a second hand car from a local garage about 2 months ago now, at the time of viewing the car it had a ABS light on the dash, the garage was already aware and said it would be fixed. I brought the car and left it with them to fix which they did, 3 days later I collected the car and drove home. on way home the light come back on, I turned around and went back they hooked up to diagnostics and said they had forgot to clear code, they cleared the stored code and all was fine again.

    Now 2 months on the ABS light has come back on when driving to work this morning, the car came with 1 months warranty but this has now expired. under this 2015 law does that mean they still have to fix it? Will I have to pay for anything, parts or labour?

  2. Stuart Masson

    Hi Jim. You are outside the first 30 days of ownership, so you can’t simply reject the car without the dealer having an opportunity to fix the fault(s). However, within the first six months, you can give the dealer one chance to repair the faults and if that does not work, you can reject the car.

    They are entitled to expect you to return the car to them to repair it. If you were prepared to drive from Bristol to London to buy the car, you should expect to drive from Bristol to London for them to repair it.

    As for the HPI and mileage certificates not matching, this is something you should have checked before driving away in the vehicle and not weeks afterwards, as it makes it much more difficult to resolve.

  3. Stuart Masson

    Hi Tom. Yes, if you are within the first six months of ownership then you can demand that the fault be repaired. Given that you have already done this, you are within your rights to claim that the repair has not worked and reject the vehicle.

  4. Hi Stuart

    I bought a car from a dealer that broke down after 6 days. The dealer paid for it to be repaired. About four weeks later the car broke down again with the same fault symptoms. The dealer has agreed that I can reject the car and have a refund. However, they have deducted the amount of £1,000, one-sixth, off purchase price due to use. Can you advise if I am entitled to a full refund as the same fault has occurred? If I am not entitled to a full refund is there a guideline/law as to what is a fair reduction? After the fault occurred (2nd time) I discovered that the registration plate is different to the original and that the mileage is a lot lower than was recorded by the manufacturer a year ago.

    Thanks

    Maria

  5. Thank Stuart,

    I highlighted the faults to the dealer within a week. They have asked i take the car to a local BMW dealer for repair. Does this not constitute an attempt at repair? They have refused to pay to put one fault right despite the local dealership diagnosing the fault.

    There was no way of me knowing that the HPI and NMR certificates were out of date when i purchased the car, there was nothing to compare their date of issue against.

    Does reporting the faults within 30 days not pause my right to reject?

    Thanks

  6. Hi Stuart,
    Your advice would be very much appreciated on how I resolve my issue;
    I have recently purchased a brand new vehicle from Arnold Clark, My issue is that in anything other than bright sunlight the colour of the vehicle differs significantly from that advertised. i,e. nice sparkly red to a dull maroon colour. Prior to, during or subsequent to the sale I was not advised of this. The colour issue was not apparent on the day of collection given that it was a sunny day! I have contacted the Dealership and head office both of which are refusing any liability to deal with my complaint. It is also worth noting that the dealership discouraged my request for a picture of the vehicle prior to me collecting it.
    I have now sent a request (recorded delivery and within 30 days) to Arnold Clark requesting a replacement vehicle and wonder if there is a realistic prospect of succeeding in a court where this seems inevitably to be going.

  7. Stuart Masson

    Hi Maria. Normally, you are entitled to a full refund unless the car is no longer in a similar condition to when you purchased it.

    Changing the registration plate is perfectly common, so that shouldn’t be an issue. The difference in mileage is important, though, so if you are locked in an argument with them about the refund you might want to mention that.

  8. Stuart Masson

    Yes, there is a pause while the dealer has the car to repair it, but then it restarts once you get the car back. If you haven’t formally rejected the car within 30 days of ownership, you can’t backdate it to suit.

    However, you are still within six months of purchase, so If the dealer attempts to repair the fault and is unsuccessful, you are entitled to reject the car.

    You should be conducting your own HPI check before purchasing a car, given that it is your money that is at risk if there is a problem. They are easily done online in a matter of minutes and cost £20.

  9. Stuart Masson

    Hi Alan. If the vehicle is brand new and the paint is the correct colour as applied by the factory and does not have any faults, you are not going to be able to reject the car because you now don’t like the colour in different lights.

    Most car colours change significantly in different lights, especially with modern paints that are designed to change in different conditions.

  10. I hope you are still replying to queries as I find myself in one of the worst predicaments of my life (my own doing in honesty)

    Decided to go for a CAT D car from a dealer. Asked him for details of repairs in advance and told minor front end collision i.e. wing / valence

    Got the car home yesterday (return journey from Colchester – Nottingham) and now found extensive repairs and remaining (un-touched) damage from a rear end collision.

    Raised this with dealer for a return / refund under 30 days rejection / change of mind. As the damage is extensive and will cost £1000s (region of £4000 – £5000

    Can I return this under the 30 day period? I knew it was a CATD however he did not declare any of the rear end damage and when I tried to get under the car. He asked me why as this was 100% mechanically correct and the minor blemishes were car park dings

    Please tell me I have rights under the consumer rights act even with a CATD from a dealer as I am thousands out of pocket otherwise £9000

  11. Hi Stuart

    I bought a used car from a dealer, didn’t notice there was a chip in the windscreen and it was pointed out to me either.
    I have asked them to replace it as I thought it was their duty to point it out to me at point of sale. They have said provided it passes MOT they don’t have to point it out to me.

    I believe they have a duty to point this out under the Consumer Rights Act?
    How can I take this further?

    Thanks
    Ram

  12. Hi. I bought a brand new Discovery Sport in April 2016. 3 wks later the digital radio stopped working completely. Whilst in the garage for 4 days to fix it I asked them to see if they could sort out the problem, which had been apparent since delivery, of being unable to use steering wheel controls to change preset radio stations (instead it scans through all available stations). This means that every time you want to change radio station you have to look away from the road to see which touch screen button to press. Astonishing 1980’s technology in a £40k modern car! When I got the car back they said it was fixed but it isn’t, so I have since had various phone calls and taken it back in to have other engineers to look at it but they tell me that no Discovery Sport with this radio has that function. However, the brochure said the steering wheel had multi-functional controls.
    Does this mean the car is not of satisfactory quality or as described, as I believe it is unsafe to look away from the road to perform a basic task that the manual states it should do. If so, as I mentioned the problem before 30 days and am having continuing conversations about it now, despite it being past 30 days now do I have the right to reject the car. Will I be able to get a full refund or what would be a reasonable reduction in the full price I paid? Or if I demand a replacement can I ask for an alternative model as a replacement? They have offered to buy my car back and sell me an alternative but are saying that my car is worth £10k less than a couple of months ago which seems ridiculous.
    Sorry for the long ramble!! And thanks in advance for your reply…. Gemma

  13. Hi,

    I am in a bit of a pickle I bought a used car mid-Feb this year and it came with 3 months warranty, after a few weeks it was developing several problems the most extreme, it was turning off while driving, so at my own cost I towed it to them for repair 2 days after getting it back it broke down again, they then had the car for over 2 weeks and I got it back fine again but 7 weeks later it has the same problem but I am out warrenty have I any legal standing for them to repair?

    Regards omar

  14. Stuart Masson

    Hi Vaughan. If you have asked the dealer for specific details about the Cat D damage and they have not disclosed them fully, you should be entitled to a refund. it probably won’t fall under the Consumer Rights Act, as it is an issue of mis-selling rather than a fault. So it is more likely to be covered by the Sale of Goods Act.

    That doesn’t mean that the dealer is guaranteed to play along nicely and refund your money without a battle. If he does not agree to refund you, you will need to get professional legal advice to handle the matter.

  15. Stuart Masson

    Hi Ram. I don’t think the dealer has any obligation to point out a windscreen chip. If the car has passed its MOT then it is roadworthy and the dealer has fulfilled its obligations. The dealer does not have to point out any minor scuffs or dents, either. If you don’t notice these imperfections when you are inspecting the car, it’s not the dealer’s fault.

    It would be different if you specifically asked the dealer if the car had any windscreen chips and they said “no”. Then they would be guilty of mis-selling for lying to you about the car’s condition.

  16. Stuart Masson

    Hi Gemma. It sounds like the steering wheel buttons (multi-function controls) are doing what they are supposed to, but that’s not what you want them to do. If so, that’s not a fault and the dealer has no obligation to refund you. I’m not surprised that they have valued your car at £10,000 less than the new car price – have a read of our article about new car depreciation.

    If you think that your car is not behaving correctly despite the dealer’s advice, you would need to look at other Discovery Sport models and see if they do the same thing or not when you use those buttons.

  17. Stuart Masson

    Hi Omar. Under the Consumer Rights Act, you have six months from purchase to ask the dealer to repair a significant fault, which is presumed to have been there from date of purchase unless the dealer can show otherwise. If they have tried to fix the problem and it has not worked, you are entitled to reject the vehicle.

  18. Help! a dealer sold my 17 year old daughter an old ‘vintage’ landrover. It is now day 34 and we have just discovered it has two different car chassis welded together – one Defender, one a Discovery. This was not told on purchase and if it was, she would not have bought it. Because we are now on 34 days can we only either accept a replacement or repair (bearing in mind a repair would involve a whole chassis replacement so that’s unlikely to be offered)? Ideally, I’d like a full refund. I’m so cross with the dealer who KNEW who he was selling to (I wasn’t there when she bought it) and sold it anyway. It passed an MOT he organised at the time and there are numerous things it shouldn’t have passed on but welded together chassis was not one of them!

  19. Stuart Masson

    Hi Sally. I think this is more likely to be covered by the Sale of Goods Act than the Consumer Rights Act. The Consumer Rights Act deals with refunds based on faults, and you have not suggested that the car is not performing correctly – indeed, it passed an MOT inspection prior to purchase.

    The Sale of Goods Act would deal with issues of mis-selling, which is what your complaint is. Your likely success in pursuing the course would depend on what the dealer said about the vehicle, in their advertisement and in any written correspondence with your daughter (verbal conversations are irrelevant). It would also depend on the nature of the modifications to the original vehicle and what the dealer is obliged to disclose.

    I would suggest visiting the excellent consumer advice website Legal Beagles for some advice, but you will probably need to engage your own solicitor to pursue this matter.

  20. Hi Stuart,

    We purchased a second hand motorbike from a dealership, this came with a 3 month warranty. Within 5 days of the purchase the bike ceased to work. We arranged for the dealer to come a pick up the bike for a repair. They returned the bike 10 days after we first notified them. We went to use the bike and it failed to start again. So we requested a refund as we’ve lost faith in the bike, this is within the 30 day period from the purchase. The dealer said that they will not refund and claim that the bike not working is driver error. Instead they are offering to swap the bike for another one, or to come out and continue fixing the bike. Both of which we’re not interested in, as we just want a refund, are we entitled to a full refund? I can’t see how we can prove that the bike was bought with a fault without getting a second opinion from another mechanic. Is this something that we have to do before we can get a refund? My concern is that our 30 day period is being used up waiting for them to come out and fix a bike we can’t use.

  21. I believe the motorbike is not fit for purpose, and that we have a short term right to reject. However, when we try to exercise this right they refuse and claim the fault is driver error, and offer repairs instead. So we feel stuck with a faulty motorbike. We are still within the 30 day short term period.

  22. Stuart Masson

    Hi Rob. If you have formally written to reject the bike, then that is the date that matters. That has to happen within 30 days. You don’t have to accept an offer of repair or swapping it for another bike. They can’t claim that it is driver error one one hand and offer to repair it for free on the other hand, as they are basically admitting there is a fault.

    If they refuse to accept your rejection, you will need to take legal action to pursue the matter.

  23. Hi there,

    I brought a used car just under a week , just a little run around as I don’t go that far . It cost £1000 , all looked good at time of sale , was from a car sales company . Had only had a MOT Under 2 months ago . On way home the temperature gauge kept going up to red and a learns going off . Obviously wasn’t happy and contacted seller who had sold it with a 3 month warranty to me also . On further inspection by my brother in law an ex mechanic we found that their was a leak , hence why water escaping and no oil dipstick and appeared some kind of sealant had previously been used to mend the leak but was now coming undown . Returned it for repairs and was assured this all been rectified and all good. Done a small journey and again all warning lights come on and temp went crazy , and steering shuddering when hitting speed of 50mph ? Am I entitled to ask for a refund under this legislation ??? I had already mentioned this and the guy got funny about it . I have just heard back again and he said that he has just fired a dodgy mechanic and didn’t realise extent of work needed . And that can take it back down to be repaired . Any advice would be appreciated , should I go through process of more repairs and hope that will sort it ? Or should I insist on a refund ? Am I entitled to ? And what if he blankly refuses like he did earlier ??
    Louisa X

  24. Stuart Masson

    Hi Louisa. You should be able to insist on a full refund under the Consumer Rights Act. If he refuses to accept your rejection, you would need to take legal action against him to enforce it.

  25. I purchased a used vehicle from a dealer on the 14th May 2016 and was asked to sign a form titled Sale of Unroadworthy Motor Vehicle Road Traffic act 1988 –i asked why and i as told it was just common practice with used cars —-the dealer sorted out the road tax and gave me a full mot certificate —3 days later the car started having engine problems and on the 30th May it stopped all together –none of the electrics work —I have tried a new power source but to no avail –do i have any rights to ask the dealer to repair it .

  26. Stuart Masson

    Hi Simon. No, that’s not common practice at all, as far as I am aware. A form of that nature should only be used for a vehicle which is not going to be used on the roads, and therefore should not be provided with an MOT certificate.

    I would suggest you push to reject the vehicle under the Consumer Rights Act 2015 and possibly report the dealership to Trading Standards.

  27. Hi Stuart,
    I bought a car just over 3 weeks agoand have had lots of issues. The car is 15 years old though, just before I bought it , it had an MOT and passed with no advisories. After picking it up I realised it wasn’t runing right so took it back to be fixed which wasnt. Still the same when i got it back so I had it fixed. So after this i had it inspected-
    it doesnt have a esp light coming on the dash
    the washers for the lights don’t work
    the top stut mount needs replacing
    The abs light is on
    Haldex system doesnt work
    coolant leak at the front
    Downpipe blow
    Auxiliary pump not working

    I’ve fixed the engine problem n75 valve and had the clutch and earth strap replaced.
    The car is back with dealer, Does he have to fix any or all the above?
    Payed deposit on credit card also.

    Thanks.

  28. Hi Stuart
    Hi Bought an Audi Q7 from a Dealer in Dublin on the 4th of june 2016 at the time we told me that he didn’t now where he had the 2nd key but that i was sending it to me by post but up to now no signs of it,on Top of that the car has adverted as it had SAT Nav and on the day that i took the car i realized that wasn’t working and he told me that was missing the SAT Nav DVD and he was getting one from a Audi Main Dealer,a week after we told me that the car didn’t had sat nav.Can you please advise the best way to Deal it this.
    Regards

  29. Stuart Masson

    Hi Joseph. The Consumer Rights Act applies equally to both new and used cars, with the only caveat for a used car being that the fault must be considered significant for the car’s age and mileage. However, given the number of issues you have listed, some of which are certainly significant, you should be able to reject the vehicle for a full refund.

  30. Stuart Masson

    Hi Bruno. This is more a matter of mis-selling than a fault with the vehicle. Therefore it would be covered under the Sale of Goods Act, as the car was definitely not as advertised. You should be able to return the car for a full refund.

    The key issue would be difficult to prove unless you had anything in writing (for example, if the ad specifically mentioned it had two keys or if you have an email from the seller promising to supply the missing key). However, it should be irrelevant as you can simply argue the nav issue instead.

  31. Hi Stuart
    I purchased a new Peugeot Boxer van, drove 1-2 miles from the forecourt and the engine management warning came on. I returned to the dealership and they identified the turbo had blown, causing the van to go in to ‘safe’ mode.
    They’re offering me the option of a replacement new van, but are disputing giving me a refund because they say they have one opportunity to fix it? And by giving a replacement they are doing more than they need to?
    Are they correct?
    Thanks

  32. Stuart Masson

    Hi Alan. No, they are not correct. You do not have to accept a repair, or a replacement vehicle. You can insist on a full refund if you are within the first 30 days.

  33. Hi Stuart,

    Thanks in advance for your help …

    I recently bought a pre-reg BMW from a franchise BMW dealer with only 34 miles on the clock when I picked it up. I’d consider this a ‘new’ car even though by default I’m the 2nd registered owner.

    After washing the car for the first time, I noticed some marks around the bonnet edge and some marks on the front wheel rim panels – essentially like the paintwork was unfinished with some of the underlying metal showing. Now these marks were small (about 7-8 in total) but concerning considering the age and mileage. My initial thought was that the paintwork was unfinished when it left the factory.

    I contacted the dealer who suggested I get an inspection done by my local BMW Approved Bodyshop. The results came back confirming that the bonnet had been damaged and resprayed prior to my purchase and that the front panels had been buffed back to metal and not repainted. The job is average quality and needs to be re-done.

    The dealer was surprised by this and said nothing happened while in their care. I subsequently contacted BMW UK and asked for a paper trail through the distribution channel prior to dealer delivery and again nothing could be found. So here I am with a car that has “mystery damage” and no one is taking responsibility! The damage could be as small as a hammer being dropped on the bonnet, or it could be from a traffic accident.

    The dealer suggested I make a warranty claim to BMW which I’ve subsequently actioned but have nothing back at this stage. But reflecting on the situation, and the fact that I have paid for a “new” car, I’m considering rejecting the vehicle as I’m still within the 30 days or purchase.

    I mentioned this to the dealer and they said that they have the right to repair the vehicle first and will fight the manner. I’m of the understanding that they don’t have this right within the first 30 days if it’s clear that the car was not of the expected quality when it was sold. Am I right in this assumption?

    The other thing worth noting is that I asked the dealer prior to purchase about any prior damage to the vehicle and they stated that it had none. Now they may be none the wiser here, but in any case the car was damaged prior to sale and this feels unacceptable for such a new vehicle.

    Best,
    Nick

  34. Hi Stuart
    hope you can help , my wife an I brought a used car 12 plate from a city Citroen dealer July last year an has been plagued with problems from the start ie keys wont open the doors cant start car locks an unlocks itself an a big problem with the assist breaking ,it clonks and pushes you out of the seat an so on .on the time before last it went in an the car came back with damage to the under tray and front bumper the fixing point to the bumper was broken as well as the under tray. city Citroen has taken liability of this and the car was booked in for 5 days to be done .When my wife picked the car up last Friday noticed the under tray and bumper was the same still broken and the bumper touched in with paint ,now the garage is saying they didn’t say anything about a new bumper an tray although they have taken liability for it {not sure how to proceed now}. we have had enough of Citroen and have lost all faith in the car please advise

  35. Stuart Masson

    Hi Nick. A dealer is not obliged to inform you of minor damage to the vehicle before sale, but they obviously can’t lie to you if you ask them about it. Cars do get damaged in transit on a fairly regular basis, and as long as the repair is done properly it should not be an issue. The issue here is that it appears the repair was not carried out to a suitable standard.

    The Consumer Rights Act allows you to reject the car if it has a significant fault. Unless you can show that the vehicle has sustained more than cosmetic damage, you would probably struggle to successfully reject the vehicle. You are probably better off making sure that the vehicle bodywork is properly repaired under warranty.

  36. Stuart Masson

    Hi Peter. Unless you have anything in writing, you can’t really hold the dealership to account for what they may or may not have promised.

    You have had the car for a year, and have been driving it throughout this time, so you can’t really argue that the car is not fit for purpose – even if it doesn’t meet your expectations. Some of these problems should probably have been addressed under warranty after you purchased the car, but you have probably left it too late to claim anything now. If you’re that unhappy with the vehicle, you will simply have to sell it and buy something else.

  37. Thanks Stuart.

    One last question – if a car has had the front three panels fully resprayed, does that affect the future value?

    I contacted Blackhorse (finance) about this and they said “yes”. They suggested I should reject the car immediately and they would support this, or have the purchase price reduced. Their main argument being – no one can prove or disprove whether the damage was ‘just a scratch’ or something more significant.

    Thought this was an interesting position on their part.

    Best,
    Nick

  38. Stuart Masson

    if the car has been repaired properly, it shouldn’t affect the future value at all. I’m not sure about Black Horse’s advice, as obviously a qualified bodyshop can advise whether the damage is purely cosmetic or more serious.

  39. Hi Stuart thanks for your help with this . the car had its mot yesterday an only just passed . the car jolted when he drove it into the mot station an he said you have trouble with the gearbox an still has an oil leak after twice been done . this I find very very wrong after giving chance again an again to put right these problems to find a main Citroen dealer can play games and treat its customers this way. They clearly have no loyalty to there customers. this car cost just shy of 11,000 pounds of hard earned money an sounds like they have won to our loss. to any one out there never buy a Citroen ds5 from BASINGSTOKE CITY CITROEN.
    regard pete

  40. Hi Stuart, I took delivery of a new car two weeks ago. It has a dualogic automatic gearbox, and today when doing 60 miles an hour on the slip road having just exited the motorway, I used the sequential gear shift to go from 5th gear to 4th, only it either shifted from 5th to 1st, or 5th to neutral, and the car did an emergency stop from 60mph. Luckily no one was behind us or there would have been a crash. For obvious reasons I don’t believe the car to be safe having experienced this, and believe it must be faulty. Surely this can’t be something that should normally happen? I purchased the car on PHP finance. Do you think I’m able to claim a refund for a faulty vehicle? Thanks, David

  41. Hi! I bought a car on 1/7/16 with new mot(no advisory)&fsh. The car broke down after few days use. I only want a fully refund. Do u think its possible? Car got finance on. Thank you,Roland

  42. Stuart Masson

    Hi Roland. That will depend entirely on what caused the car to break down. If the vehicle has a significant fault, then yes you should be able to reject the vehicle. You will need to work with the finance company if it is on a PCP or HP, as the car will belong to the finance company rather than you.

  43. Hi Stuart, Purchased a Vauxhall Insignia on a 12 plate from a dealer last week, after an initial 5 minute test drive, I put a deposit and went for it. The dealer promised to valet the car as the interior was in poor condition, this wasn’t done. The boot won’t open, problem with the button, I’ve noticed a screech in the brakes from day one and there is a funny whirring noise when turning the wheel at full turn. In the ad it stated excellent interior, car drives like new, (It doesn’t) also stated features in the ad that I can’t find on the vehicle. I have asked him to refund the car as I’m not happy with it and he is refusing, no surprise there! Can I reject this car as faulty as stated in the consumer rights?

  44. Stuart Masson

    Hi Allan. You are potentially mixing several issues together, most of which do not come under the Consumer Rights Act 2015. “I’m not happy with it” is not a suitable reason to reject the car. Going through your issues, I would say:
    1) Valeting not done – not a reason to reject the car
    2) Boot button not working – probably not a significant fault therefore not a reason to reject the car. Certainly worth chasing the dealer to fix it.
    3) Screeching and whirring noises – depends on what the problem is; it may qualify as a reason to reject the car, but it would have to be a ‘significant’ fault relative to the age and mileage of the car.
    4) Features advertised not present on vehicle – you will need a copy of the ad which lists the features in question. This is not an issue for the Consumer Rights Act but rather for the Sale of Goods Act. Depending on what features are in question, it may well be reason enough to demand a refund.

    In reality, points 1,2 and 4 are things that you should have noticed before driving away from the dealership with the car, so they could be rectified or dealt with. Arguing with a used car dealer once they already have your money and the sale is completed is much more difficult than before you hand over your cash.

  45. The above vehicle was purchased from Victor Wood dealership at Grantham and collected on Friday 22nd July 2016.
    It was noted and advised at the time that the vehicle paint chips and not been detailed and that the tailgate automatic function did not work.
    A verbal promos was issued by the dealer to rectify at a later date.

    At home we further inspected the vehicle and found a broken rear tail light (car polish snide the light unit ).

    On the 24th July I contacted the dealer and rejected the vehicle, did not use the vehicle and returned to them on Monday 25th July to return the car and obtain a refund.

    I was advised that they had no obligation to accept the vehicle and would carry out repairs and detailing.
    I repeatedly reject the vehicle and requested a refund but was advised that this was not going to happen as the dealer has the right to repair and correct the faults.

    It was considered that my only course of action to be rid of this damaged vehicle was to purchase a new Sorento KX4 and they would then take this vehicle in part exchange.

    Having read the 2015 consumer information I believe I am right in my original request for the dealer to provide a full refund and not to have the vehicle repaired.

    Currently we have a new vehicle on order but are most unhappy and quite angry with this whole process.

    This is the second time we have purchased a KIA Sorento the last was in 2006.
    Your comments would be appreciated.

  46. Stuart Masson

    Hi Peter,

    For a used vehicle, problems like minor paint chips, a non-functional auto tailgate and broken tail light cover (assuming the tail light is still working) would unlikely to be considered significant faults given age and mileage to reject a vehicle. If it was a new car, it may be a different story. If you pursued this matter through the courts, you would almost certainly lose.

    You are certainly within your rights to pursue the dealer to have the issues repaired or rectified, especially if they have promised to do so. However, a verbal promise has no legal weight if you end up in an argument about what was or was not promised.

  47. Hi Stuart,
    I bought a car from a used dealer last week and since brining it home it has had a tyre pressure system fault on, due to a pressure monitoring valve being replaced with a plastic one. I decided to get the car independently inspected, faults that showed were: 1 illegal tyre, 1 borderline legal tyre (with puncture), rear brake pads 65% worn and cat converter blowing. I informed the dealer (via phone and email) and have taken it in today. He said he will get it MOT’d (which i am not sure will be 100% legit and i suspect will favour him in terms of what i’m asking) and then call me, he said he will fix the pressure valve but i get the feeling he will dispute the other items. I have an independent report but where do i stand if he disputes it?
    Really appreciate your advice

  48. Stuart Masson

    Hi Rich. At the very least, I would be insisting on getting the vehicle MOT tested at a testing station of your choice, not his.

    He should definitely be replacing two tyres and the monitoring system valve. Brake pads are a consumable item, so 65% wear still means that they has more than a third of their life left and I would consider it reasonable for him to sell the car at that level of wear. The catalytic converter issue will depend on whether it is an MOT fail (as opposed to an advisory). If so, he will need to replace it.

    There’s no real point debating what to do next until the car is MOT tested and the full list of issues set out. It may be that he agrees to fix everything and your worries are addressed in full. If not, you can move onto the next step.

  49. Oh, so this demonstrator with advertised 4000 miles at almost new price at £360000 is considered a used car.
    This was purchased on the agreement that the vehicle would be fully detailed and it was not and has 6000 miles on the clock.

    Feeling ripped off…

    Regards
    Peter

  50. Stuart Masson

    From a legal point of view, as soon as a car is registered it becomes a used car. it will still be covered by the New Car Warranty for faults which crop up over the next few years.

    You can chase the dealer regarding the standard of their vehicle preparation and argue for it to be cleaned and have paint chips touched in, but those are not reasons to reject the vehicle under the Consumer Rights Act as – from what you have described – the vehicle does not have significant mechanical faults which prevent it from being used entirely as it was intended.

    The mileage is a separate issue. Demonstrators, by their nature, have mileage which is continually increasing. In the greater scheme of things, 2,000 miles should be of no real significance to your ownership, but more than anything else it is a good excuse to negotiate a better price from the dealership if the mileage has higher than advertised for the price. It doesn’t affect the vehicle’s function in any way, and is something that should have been raised with the dealership before accepting the vehicle and driving away.

    It basically sounds like you have changed your mind about buying the car and are looking for excuses to get out of the purchase, but it doesn’t work that way.

  51. Thanks Stuart,
    No have not changed my mind.
    The car was not delivered as contracted and each time one inspects it anothe issue comes to the fore.
    Started out with failure to detail then tailgate issue then the rear seat belts warning system does not function.

    Where I am at fault is taking delivery and not rejecting the vehicle there and then.

    What We had intended was to obtain refund and use another KIA dealer.
    Thanks for your input.
    Peter

  52. Hi Stuart,
    Another query here. Just bought a 2nd hand car from local dealer. Term of purchase was that he would get it serviced to bring FSH up to date. Mrs collected it Wednesday with service history book which dealer then filled in and said he’d forgotten to get them to stamp it. Dubious. Turns out the dash computer says 2x lights out, and they are. Called dealer to state this not what I expect from after a service. He said that wouldn’t be a full check, to which I contested if he would accept his back from a service with lights out. Silence. I then called garage who said all they were instructed to do was fix AC and an oil change. Service was not instructed. Hence book not filled in.
    Dealer then said that was a service and what did we expect. Offered to get lamps changed if we book it in and get the lads to check ‘levels’ personally I want a full service to be carried out as I feel I have been lied to about the service and intentionally mislead. And now concerned about any other problems, Ie. I’m sure a bit of air pipe is missing from the engine bay.
    We don’t want a refund as it was a px too and we like the car but my confidence is now wavering.
    What advice/ legal standpoint does it leave us in? Can we get an independent garage to service and give him the bill? What’s to stop him falsely instructing the garage again?
    What is he bound by law to do?
    Hope you can advise.

  53. Stuart Masson

    Hi Steve. If someone told me they were arranging a service to being the manufacturer service history up to date, I would – like you – expect that to be a full service as outlined in the car’s service manual.

    Clearly, they are trying to avoid having to pay up for a proper service. While you could end up in a never-ending argument about what constitutes a service, I think you are within your rights to expect it to be as per the car’s service manual (although that does not have to be performed by a franchised dealership, so you can’t insist on that). Legally, however, you are bound by what is written down on the contract and then left to argue the definition of what is expected from a used car service.

    If you spend money having the car serviced elsewhere, you could be chasing the dealer for a long time to get reimbursement. If you are talking about a local independent used car dealer rather than a franchised manufacturer dealership, all you can really do is keep arguing and hope they will agree simply to get rid of you. If it was a franchise operation, you can contact the manufacturer head office and take the matter up with them.

  54. Really excellent advice – Thank you for the article. My question.issue is:

    We bought a used Nissan Pathfinder 2009 model with 54k on the clock ON 26/05/16. Less than a month into ownership we had it back at the dealer due to excessive black smoke from the exhaust. They tried to fix it twice on two occasions but couldn’t, they couldn’t diagnose the cause either. They referred it back to Nissan who advised the smoke is due to the fact that the engine has a stretched timing-chain and a deep metallic knocking noise, and that it could fail at any moment causing terminal damage to the engine. They went further to say the oil was old, very dirty and smelly – it hadn’t been changed in a long time, even though our supplying dealer assures us they fully serviced the car before we collected. Also, the air filter is dirty – indicating it wasn’t changed. They stamped the booked stating a full-service had been carried out. Nissan explained its a 20-hour Nissan-only job to repair the engine which includes dropping the front axle down and stripping the front end off the car. Due to the fact that the supplying dealer appear to be incapable of diagnosing the fault and appear to be misleading us over its service, we do not want them repairing the car.

    We flagged the issue within the first 30 days – is our claim to reject paused even though we’re out of the 3o days total?
    They’ve tried to repair the car twice – failed both times – are they in breach?
    It has taken over a month to get to this stage.
    Misled us about the servicing and forbade Nissan to tell us the extent of the issue.

    We’ve done approx 1500 miles in the car.

    Are we therefore entitled to reject the car and claim a full refund?

  55. Stuart Masson

    Hi Tom. Under the Consumer Rights Act, if you are outside the first 30 days but within the first six months, the dealer has one chance to repair the car before you can reject the vehicle. Since that would appear to have happened, you should be able to now proceed to rejecting the vehicle for a refund.

    There’s every chance that the dealer will not want to go along with this, so you will need to have all your documented evidence lined up to show that the car was faulty when purchased and that the dealer has failed to fix the fault.

  56. Hi, I bought a used car from a dealer on Tuesday this week and since collecting it it is getting harder and harder to start. Research has led me to assume the fuel pump is failing. Can I take the car back and request a full refund?
    Thanks.

  57. Stuart Masson

    Hi Danny. Your right to a refund will depend on whether the fault is considered “significant” for the age and mileage on the vehicle.

    A fuel pump is usually a pretty easy fix, so if that is the problem then the dealer should be able to rectify it without too much hassle. Assuming the car is otherwise functioning normally, it would seem much easier than going through the process of rejecting the car and demanding a refund.

  58. Thank you for the prompt reply Stuart, it is very much appreciated. The high pressure fuel pump is just one problem really, the car is also having other ‘issues’ that I am unhappy about. The car is a 2007 BMW 335i M Sport with 2 previous owners, full main dealer service history and 63k miles on the clock but it just doesn’t feel right. I’m fussy about my cars but a few things are making me suspect the car was traded in simply to get rid of it before it started costing too much money to keep on the road. If the fuel pump were to fail within 30 days of my ownership, or another dealer recommended its replacement before imminent failure, would that be sufficient for me to return the car in your opinion? Thanks.

  59. Stuart Masson

    I’m not sure a fuel pump failure would constitute a significant fault on a nine-year old car with 63,000 miles, especially if the dealer is prepared to fix it or the car came with a used car warranty. If the car has a warranty, this is probably the best course to have it addressed.

    Without knowing what other ‘issues’ you are referring to, there’s nothing to suggest you would be able to reject the car under the Consumer Rights Act. Saying “it just doesn’t feel right” is not enough.

    You are probably entirely correct that the previous owner traded it in to get rid of it before bills started mounting up. That’s always going to be the case with a used car, and one of the main reasons people get rid of their cars.

  60. hi i recently purchased a mondeo for £2300 on the 18/06/2016 with no warranty due to high mileage i was told i notice quite soon after i bought it that the gears where hard to get in at times but just thought maybe it was me and i just needed to get used to it. im now being told by other people that the flywheel needs replacing as the car sounds like its got a load of spanners ratterling about but stops when i depress the clutch.i havent contacted the dealer yet because i dont know where i stand but i cant afford to replace the flywheel on top of purchasing the car please could you advise
    many thanks
    wayne

  61. Thanks again, seems I’m stuck with the car then?!

  62. Stuart Masson

    Yes, unless you can convince the dealer that the car has a significant fault.

  63. Stuart Masson

    Hi Wayne. To reject the car under the Consumer Rights Act, the fault has to have been present from date of purchase, and also be significant for the car’s age and mileage. This gets harder as a car gets older and puts on more miles, as wear and tear will always take their toll. In addition, if you haven’t contacted the dealer in over six weeks from purchasing the vehicle, it will be difficult to argue that the problem has been there since you bought the vehicle. This sounds like it would be a very difficult argument to win.

  64. thanks stuart for your reply it just seems wrong that i spent out on a motor that has a major problem so soon after purchase
    many thanks wayne

  65. Hi Stuart,
    I have had a brand new jeep renegade from last October and had nothing but issues since then. I have visited the dealer on no less than 6 occasions already, firstly with an issue with poor workmanship on the driver door panel (cloth was already coming away from door), this took 5 visits to eventually get fixed as new panel was order then not fitted correctly and then they realised they didn’t have the correct fixings inside the panel. Having just had this sorted they then called me back for a software update. All in all putting numerous miles on the car and issues you wouldn’t expect from a brand new vehicle. Early this morning the alarm on the car has started to go off on its own and car will not start at all as seems computer system has crashed. I have lost all faith in this vehicle and dealer and am appalled that a new car has provided this many issues. This was the reason I went for a brand new one to avoid problems like this. Jeep assistance are currently on route to try and sort the issue but my instincts are this will need to go back to the dealer for them to look at.

    My question I suppose is where do I stand if anywhere on voiding the PCP contract, goving the car back as it has yet proven to be of subsequent standard or as stated after 9 months. I have also put down a hefty deposit of 2k. Is there anything I can do to return the car as I am absolutely fed up of all the issues arising from it.

  66. Stuart Masson

    Hi Rhys. Having had the car for nearly a year, trying to reject it and cancel your PCP contract will be very difficult unless FCA (Fiat Chrysler Automobiles) head office (contact details here) is supportive of your position. However, the problems you have had are unrelated and may not be enough to argue that the car is not fit for purpose or fit for sale.

    This morning’s problem may possibly be a flat battery, as the symptoms of alarm going off and then car not starting are typical of a battery going flat. Until the roadside team or workshop diagnose the problem, it is hard to know where you will stand. You also have the problem that this morning’s problem has happened after ten months of ownership, so you are unlikely to be able to argue that car was not fit for sale or has not been fit for purpose unless a major technical fault is diagnosed. Any issues should be covered under your new car warranty.

    The software update issue is something that happens from time to time, and it is unfortunate (and highly annoying for you) that it didn’t coincide with one of your frequent trips to the dealer to sort the door trim. On its own, it’s not enough to argue that the car is not fit for sale. It is also unusual for a software update to require an immediate trip to the workshop, as usually they would perform the update at your next service.

    The door trim sounds like dealer incompetence making the original issue much worse. Instead of fixing what should have been a simple problem properly first time, they repeatedly screwed up so that it took five visits to fix. On its own, poor workmanship of the door trim cloth is not enough to reject the vehicle, but it sounds like the dealer made a complete mess of fixing it.

    You can probably make a case to FCA for some form of compensation for your problems, but they are unlikely to agree to taking the car back off you and cancelling your PCP – and you certainly won’t get your deposit back. It is possible they may work out an offer to take the car back and replace it with another vehicle if they agree it is unsatisfactory, but you would probably be required to start a fresh finance agreement if that was the case.

  67. hi stuart

    i have bought a car from a trade seller in 10/06/2016, now i’m trying to sell the car, and a buyer told me that there is a difference on the miles, i pull out from auto trader a vehicle check and i notice that the car was inspected by NAMA in 26/03/2015 and it had 109,115 and in 01/04/2015 inspected by DVLA i had 109,000, so there is this difference and i bought the car in 2016 with 109,375 miles on the clock.
    My question is if i can do anything against this trade seller as he sold me a car with this difference in the miles?

    kind regards

  68. Stuart Masson

    You can argue the matter with the dealer, you can report it to Trading Standards, but the chances of you getting anywhere are not great. The NMA is not proof of mileage, since it is self-recorded rather than inspected, so the dealer could argue that they have checked the car over and the mileage appears genuine and that the previous mileage record is likely to be an error.

    It also doesn’t help your cause that you have only had the car for two months and now you are trying to sell it, so any buyer is going to be very suspicious by the combination of dodgy mileage and a quick turnaround.

  69. Hi Stuart,
    10 days ago my son purchased a 2003 Ford Fiesta with 110,000 miles on the clock. Today it broke down and is now stuck in a motorway services 230 miles from the dealer and home. The cam belt has failed and caused severe damage. The dealer has been informed and said not his responsibility as cam belt is wear and tare and no one asked him if it had been changed and people always change the cam belt when they buy a second hand car. It was sold as serviced. Checking on Ford website cam belts should be changed 100,000 miles/10 years.
    Where do we stand – is this a pure 30 days return and repayment regardless of the fault OR as the dealer is saying we have to prove it was a fault at point of sale? Also who should get it picked up and returned to the dealer, 230 miles recovery is expensive and parking at the services is also £12.50 a day.
    Thanks for any advice. Colin

  70. Hi stuart i purchased a ford fiesta zetec 57 62000 miles on the 1/8/16 12.30pm drove it home approx 1 mile away. The brakes Later i decided to take the car out whilst the roads were a little quieter around 7pm, i drove to the petrol station (1 mile away) and on the way back there were lots of creaking noises follwed by a loud bag and burning smell. The front drivers side of the car had dropped drasically. I managed to crawl the car from the middle of the road and to my parents home. Which is where i had to leave the car until i could contact the dealer in the morning

  71. Stuart Masson

    Hi Colin. The Consumer Rights Act applies to cars of any age and mileage, with the only relevant issue being that a fault must be significant for age and mileage.

    The difficulty with arguing your case will be that there is unlikely to any definitive paperwork that says “sold as serviced” does not imply the cambelt would be changed if it had not been done. His argument that “people always change the cambelt when they buy a second-hand car” is rubbish, but unfortunately that doesn’t mean you would be able to reject the vehicle.

    A cambelt is a wear and tear item, and it is possible that the belt was in acceptable condition when the car was sold and subsequently broke; it may seem unlikely given that it is a 13-year-old car that your son bought ten days ago, but I would think a court would consider it the buyer’s responsibility to make sure that scheduled work had been carried out, and raise any concerns before purchase rather than afterwards.

    Even if the dealer was willing to share the cost of repair, you are still going to have to get the car recovered at your own cost. Breakdown cover from AA/RAC/Green Flag or similar exists for this very reason.

  72. Stuart Masson

    Hi Vicky. Your message appears to be incomplete. Can you try again?

  73. …. I went to the dealer in the morning ( 5 of them came out straight away) i said we have a big problem it looks like the suspension to which the manager replied it will be the right side front spring. Without even seeing the car how did he know this?! He came down to look at the car put the keys in the engine checked the spring.. He said yes its the spring. I said time and time again that i was rejecting the car until there was a veichle inspection which i could see and wanted a refund. He insisted that he was getting reports on it and then repairing it. I insisted i wanted no repairs doing until he provided me with a report. A breakdown truck came and took the veichle away. I told him to take the car back to his forecourt. Later he dumped the car in the middle of the road, tryed to give the keys to my dad (he said this is not her address and this is not my veichle) he then threw the keys in a plantpot and ran away. I called them and he said it was the coil spring and it was my fault for going over a speed bump or a pot hole he has two reports to say so. Also it is a wear and tear item (which i understand) I have never given them permission to do any repairs. I have no paperwork for any inspection or repairs. I have contacted citizens advice throughout, and now sent them 2 letters rejecting the veichle, citizens advice have also reported them to criminal trading standards for taking the veichle for the repairs without my permission. The dealer firstly said we will go down the legal route then and later offered me an mot for the life i have the car and a service every 6mnths for two years to which i have again rejected. Do you think they are calling my bluff? I just want my money back the way they have treated me is disgusting and they are trying to bulling me into keeping the car. I dont know what to do about the insurance or being the registered keep as at the minute the car is still at my parents house, i havent driven it only to move park the car safely from where he dumped it.
    Thanks for any advice and sorry about the incomplete message

  74. Hi Stuart, i bought a new car last week from a main dealer and i part exchanged my Bmw.
    The car was described by the trader as having a full service history and only one previous owner. I have since discovered that this is not the case. There is not a full service history and the car used to be a rental car. There is also an issue with the boot door and possibly the clutch. There are parts missing and the registration on the service history does not match the registration of the car.
    After a Hpi check today i find out that there is a discrepancy with this vehicle’s mileage.
    I already contacted trading standards and thats the last msg from the dealer:
    “I have heard from trading standards today and I will be speaking to them again on Monday. I will email you then, please be assured we will not be moving your BMW on until we have resolved your complaint.”
    I have asked them for a full refund but they rejected my refusal at first and then now that they have been contacted from Trading standards they have start to mention the BMW.
    I’m more than confuse, shall i look for a legal advice?are they entitle to give me back my bmw?

  75. I have since again asked for a copy of the reports which should have been provided before the work was done and of the repairs, but he said he hasnt got them they are at the garage where the repairs took place and he will have to go and get them and post them to me. (My argument is how the hell do i know it was the coil spring, or just the coil spring and not a more serious fault, how do i know what works been done? How do i know if the car is safe. They could have done anything to that car in that time)

  76. My son purchased a 2.5 year old Audi A4 last weekend. 6 miles from the garage it broke down – faulty clutch and burning. He returned it and the garage gave it back to him the next day saying that to was ok. The problem persisted so he took it back on Monday 1st Aug – 3 days after the sale. The garage are admitting to the 30 day return but state that this Act allows them to have 1 opportunity to fix the problem. Is this the case or can he just ask for a full refund?

  77. Stuart Masson

    Hi Vicky. By the sound of it, you should certainly be able to reject the vehicle under the Consumer Rights Act. The dealer sounds like a right piece of work, so you may have to fight hard to reject the car and get your money back.

    You will need to keep the car insured and taxed until the rejection is complete, as you are still the owner and keeper until that happens. You may well need to engage a solicitor to fight your case, as the dealer does not sound like someone who will act reasonably to resolve the matter.

  78. Stuart Masson

    Hi Alex. Even if you win your battle to reject the car, it does not automatically follow that you will get your old BMW back. The dealer can give you the part-exchange value as cash if they have sold the vehicle, as you have already sold the vehicle to the dealership and it is now their property regardless of what happens with your new car.

    The registration plate discrepancy may depend on whether the car has had a private plate in the past – alternatively, you may have been given the wrong service books altogether. Check the VIN details on the books against the car, as that could explain the incorrect service history.

    The ‘one previous owner’ could have been the rental company, or an agency of BMW UK (like BMW Financial Services or Alphabet) who leased the car to the rental company. This is very common. Despite the perception, ex-rental cars are usually in good condition with good maintenance histories.

  79. Stuart Masson

    Hi Angie. Within the first 30 days, you do not have to accept a repair and can insist on a refund (assuming the fault falls under the Consumer Rights Act, which it sounds like it does).

    It is only if you are beyond the first 30 days – but within the first six months – that the dealership is entitled to one attempt to repair the fault.

  80. Thanks so much stuart, hes picked on the wrong girl, i will not go down without a fight. Would you advise to get my own vehicle inspection? (even though its been repaired etc now)

    The world is a better place for having people like you in it. Shame the same cant be said about the dealer! Thanks for all you do to help others

  81. Hi Stuart,

    I paid £10.5k for a new motorcycle in Sept 15. At first things were great and I was fully delighted with my choice and purchase. The bike was unridden during the winter months (October through to April).

    Now we’re back in bike season, the bike has developed Fueling issues, clearly linked to ECU set-up.
    The model has gained negative notarity for this problem and Suzuki are quietly replacing ECUs for bikes showing symptoms.

    I reported my issues to the selling dealership back in July, I’ve just had my ECU replaced. Sadly in my case it hasn’t rectified the problem, the dealer confesses to simply changing the part without completing any matching parametric set-up. The bike now runs really ruff.

    I’d like to get it resolved but the salesman claims there’s nothing wrong and the service team say they don’t know what to do.

    Should I choose to challenge for a refund, what are my rights?

  82. Hi Stuart, me again with the 335i BMW! The saga continues. The dealer in question have now had my car for almost a week since I took it back to them complaining about various issues. They sent it to another garage for a second opinion and called me this evening to say that one of the turbos is definitely faulty and needs replacing at their cost (circa £1,000). They are going to do this first and then will go on to replace the high pressure fuel pump also if required (another £1,000 job!) Would you class this as sufficient grounds for me to return the car and ask for a full refund? Their workshop was supposed to have inspected the car and given it a clean bill health before selling it to me after all! The other point that I’m annoyed about is that only after me pushing them repeatedly as to the exact whereabouts of the car have they finally admitted to me that it has been sent to a small independent garage (I know the garage well and wouldn’t trust them with my car) and not a main dealer as they had originally stated it would be sent to. Where do I stand in relation to this issue? Many thanks, Danny.

  83. Stuart Masson

    Hi Mark. You can’t claim a refund under the Consumer Rights Act, as you have had the bike for nearly a year. If the dealer is not addressing your issue, you can either go to another Suzuki dealer or contact Suzuki head office. For more information, have a read of our article about resolving a dispute with a dealership.

  84. Stuart Masson

    Well, £2,000 of engine faults should be considered a ‘significant fault’, so it would seem more likely that you should be able to reject the vehicle under the Consumer Rights Act.

    As for where they have chosen to have the vehicle inspected and repaired, they are not under any obligation to send it to a BMW dealer. If you are allowing them to fix the fault, it is their responsibility to make sure the repair is effected satisfactorily. However, it is not appropriate that they did not voluntarily disclose where your car had been taken.

  85. Thank you for the prompt reply Stuart, really appreciate it.

  86. Got a full refund on the car today!

  87. Stuart Masson

    Great news Danny, glad it worked out well for you in the end and hopefully the next one will be a smoother ride all round.

  88. Hi Stuart
    I bought a new bike in March 2016 for just over £11000. It developed a fault which was causing a noise in the engine and required the whole engine to be taken out and a faulty part to be replaced under warranty in May.

    I have since tried to go on a once in a lifetime European trip I had bought the bike for leaving in July and whilst away the same noise started to develop from the engine. The bike also developed another noise for which we were collected (after having to make 75 phone calls because of extremely poor service) using the breakdown service which came with the bike. They were too busy to fix it and we have them on video confirming that there is a fault with the clutch that we need to get repaired in the UK. Going by the advice we were given we had to give up our trip and head home to the UK after just 3 weeks. On our way back we had it verified in writing at another garage that the other noise which we could hear (that was originally repaired under warranty) was on its way out again. On top of this we also had warning lights come on the dashboard about the suspension having a fault and the cruise control is intermittent.

    We have issued the dealership an official letter about rejecting the bike under the consumer rights Act 2015, but they are telling us that they will not issue us any form of refund as in their opinion the noise is not loud enough to be an issue yet. They only accept their was a sensor issue causing the warning lights and cruise control to go wrong.

    I am at a loss, can you please help me. This has caused me so much stress, it was a once in a lifetime trip that I gave my job up for and now I have a faulty bike that I can do nothing with as they dealers say theres not enough of a fault. Where do I stand? What should I do next?
    Many Thanks
    Jessamy

  89. Stuart Masson

    Hi Jessamy. To determine whether you have a valid claim under the Consumer Rights Act, you need to be able to set aside your stress and annoyance about your trip woes and look at the matter like an impartial judge would.

    To reject the vehicle outside the first 30 days but within the first six months, it has to have had a significant fault and the dealer has to have a chance to fix it. If the fix does not work and the fault is not repaired, you can reject the vehicle.

    The issue is likely to be a death over whether a “noise” is considered a significant fault. If the bike is still performing as designed, it is difficult to argue to reject the vehicle. The warning lights may be related to this problem or may be an unrelated problem.

    If you are not getting a satisfactory resolution from the dealer, you can go to the manufacturer to push the issue further. For more information, have a read of our article about resolving a dispute with a dealer.

  90. Hi Stuart,

    So I’ve just brought a 2003 car (10 days a go) with 44,000 miles on the clock. When buying, the dealer said it was covered by warranty for 3 months, but I could purchase a 12 month RAC warranty on top for £295 which would cover for all electrical and mechanical issues up to the value of the car. I purchased the car and warranty, thinking I would be covered for the year. I am only now looking into this (as I can hear a buzzing in the engine) and I can see it is only for cars under 10 years. To be honest I do not think I would of brought the car without the assurance of the warranty… I have not taken it to the garage yet to get checked as do not want to fork out a massive bill. Do you think this is something that the consumer rights act would be applicable for?

    Many thanks

    Hollie

  91. Hi Stuart

    I bought a car on the 29th June 2016 and within 3 days the engine management came on and the car went into limp mode whilst I was on a journey for a holiday. I called out the AA who cleared the codes on the car and advised me of blue smoke whilst following me. I phoned the garage to inform them of this and they told me to bring the car in on my return. On returning from my holiday I returned to the garage to have them look at it, and told them of the blue smoke. They found no issues as the EML wasn’t on anymore and told me to keep driving. Around a week later the blue smoke was getting worse and the EML was coming on and off so I returned the car to them and they sent it to their garage, this was on the 19th July 2016. They informed me a few days later that the head gasket had gone and that this would be repaired and I would have the car back within a week. They have now found fault after fault with the car and it has got the the point where I no longer trust them or the car and I still have no idea when I would have got this car back as it is now 4 weeks later! Am I right in thinking that I am still in my 30 days as I returned the cars within my 30 days? I have now rejected the car as I no longer trust them and I have asked for a full refund, which they have rejected saying that they can charge for use of the car, am I right in thinking I am entitled to a full refund?

  92. Stuart Masson

    Hi Hollie. The issue of the invalid warranty is not a matter for the Consumer Rights Act, which is only concerned with faults in the car. You would need to argue that you had been mis-sold, and therefore would not have purchased the vehicle in the first place. I would suggest visiting legalbeagles.info, which is an excellent legal advice site and would be able to give you better guidance.

    In the meantime, you should be able to cancel the warranty for a full refund. If you are having any troubles with the warranty provider, you can get the dealer to refund the cost of the warranty since it should never have been offered if your car is ineligible for it.

  93. Stuart Masson

    Hi Josh. You have to reject the car within 30 days of ownership. However, the days that the dealer has the car in their possession should not count towards this. Therefore, if you have had the car in your possession for less than 30 days, you should still be able to reject the car under the Consumer Rights Act. Under this Act, there is no provision for the dealer to charge you for use of the car and you would be entitled to a full refund if successful.

    If you have had the car more than 30 days but less than six months, the dealer is entitled to one attempt at rectifying the problem. If that fails to fix the fault, you can proceed to reject the vehicle. Again, the Act does not make any allowance for them to charge for use. Any claim that they could conceivably make would be based on the vehicle not being returned in a reasonable condition.

  94. Hi Stuart

    Thanks for the reply, I only had the cars in my possession for 20 days so I’m glad I’m still covered under the consumer rights act. Is the head gasket and numerous other faults they find good grounds to reject the car? I would struggle to be able to prove they were there at delivery of the vehicle is the only thing that worries me. I want to go off the basis now they have taken to long to repair the car and caused me too much inconvenience.

  95. Hello Stuart
    I bought a used car 5 months ago from a main dealer i was told when buying it had full dealer service history and as its electronic i just need to speak to the manufacturer garage. Last night i was in the dealer with my wives car and asked for the print of for mine, it does not have full dealer service history and has 4 services not recorded. I would never of bought the car knowing it never had full history where do i stand with the new laws as it was misrepresented to my when buying. I’m based in Scotland Thanks

  96. Stuart Masson

    Hi Colin. this won’t be a matter for the Consumer Rights Act, which is concerned with significant vehicle faults that prevent the vehicle doing what it is supposed to do.

    You would need to argue that you were mi-sold the vehicle based on the dealer’s description of the service history. You will need to have some kind of written support to back up your claim, such as the vehicle advertisement which claimed a full service history. If it was simply the salesman’s verbal assurance, it is meaningless.

    If you do have written evidence to back up your claim, you will probably need to engage a solicitor to represent you and argue that you were mis-sold under the Sale of Goods Act.

  97. Hello Stuart,
    I purchased a brand new vehicle on July 16,2016. On Aug 13, 2016 the vehicles steering went out so we parked the vehicle since we couldn’t drive it. That fell on a Sat night so we knew the dealership we bought it out was not open until Monday so we waited until Monday morning to call. Instead of calling the dealership first we contacted GM first thing Monday morning and filed a claim. They contacted someone to come and pick the new vehicle up at our house on a flatbed truck and took it to the nearest Chevrolet dealer to have it looked at. They contacted us and told us that they thought it was a gear out in the steering column. We contacted them today and they have still not touched our vehicle to try to fix it. We called the dealership where we purchased the truck at and he said he would try to get in contact with them and call us back which he did not. So now we have heard about the Consumer Right Act and was wondering if that could help us. We have not made our first payment yet because its not due until next week ,now we are really doubting on keeping the truck if there is something we can do. So we are just wanting to see what you thought about our situation and if we can do anything because it tore up on day 27 and they picked it up on day 29. Thanks so much.

  98. Hi Stuart,

    I purchased a used car (2014 plate) from a BMW garage last friday. Whilst stationary in traffic on Monday, the rear window blew and completely shattered completely for no apparent reason. I have taken this up with the garage who are refusing to replace the window as the don’t cover windows under their warranty, even though there must have been a fault with the window for it to just explode? I’m now at logger heads with the garage who are refusing to accept any responsibility despite me only having the car a few days. I would really appreciate your help and advise regarding this issue and how I can perhaps resolve it?

    Thank you in advance.

  99. Stuart Masson

    Hi Jamie. The Consumer Rights Act is UK legislation, and I believe you are in America so it won’t apply.

  100. Stuart Masson

    Hi Amy. It does sound very bizarre. Usually a window would be most likely to shatter if it has been hit by something. However, a quick Google search has brought up several cases where MINI convertible owners have complained of their rear windows shattering.

    I would suggest having a search through MINI forums for similar cases, and then contacting MINI head office to pursue the matter – making sure you are clear that you are aware that it is not an isolated incident.

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