Rejecting a car – your consumer rights

The Car Expert's guide to what to do if your car is faulty or not fit for purpose

Car buying advice Car ownership advice

Of all our articles, the one that’s generated the largest number of questions is our advice on the Consumer Rights Act 2015 and rejecting a car

Based on the hundreds of questions we’ve received, we decided to put together a brand new article. This guide provides more direct answers to your questions, and now replaces our original article from a year ago.

This new article:

In October 2015, the Consumer Rights Act 2015 replaced the old Sale of Goods Act for consumer retail sales. The Act covers new and used cars bought from a trader for consumer (private) use. By trader, I mean either a franchised dealer or an independent garage.

The Act does cover new and used cars bought from a trader for consumer (private) use. By trader, I mean either a franchised dealer or an independent garage.

The Act does not cover vehicles bought by private sale, vehicles bought at an auction or vehicles bought for business use.

Car buyers will benefit from the new Consumer Rights Act 2015

Can you reject your car for any fault you find?

The Consumer Rights Act provides both buyers and sellers with clearer guidance about a customer’s rights. In particular, it covers how a customer can reject a car that is faulty or not fit for purpose.

However, it’s important to remember that motor cars are complicated machines. They have hundreds of thousands of components working under a variety of hostile conditions. Not every fault in a vehicle is going to mean you can simply give the car back and expect a full refund. This particularly applies to used cars, which have already been used and abused by someone else before you.

In short, a car with a fault is not necessarily a faulty car.

Understandably, a dealer will want to inspect your car for themselves before agreeing to refund your money, rather than simply taking your word for it.

A vehicle rejection can be very expensive for a car dealer. They have to buy the car back from you at the original price and fix whatever the problem is, before selling it on again for probably less money.

As a result, the dealer is likely to dispute your rejection unless you can make a clear and confident case.

If the dealership refuses to accept your rejection, you will need to take legal action to reject the vehicle. This means engaging a solicitor and potentially taking the dealer to court. It will be expensive, and there is no guarantee you will win.

If you do have valid grounds to reject your vehicle (see the next page for more details), then your specific rights will depend on how long you have owned the car.

The Consumer Rights Act allows for two options:

  • Your short-term right to reject, which lasts for 30 days after taking delivery of your car
  • Your final right to reject, which covers you for six months from purchase

Short-term right to reject – the first 30 days

If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.

You do not have to accept a repair or replacement vehicle (although you can if you want to).

If you have part-exchanged your previous car on the new one, you will not get it back. Instead, you will be entitled to the full invoice price of the car (including road tax, VAT, etc).

You are entitled to a full refund by the same method in which you paid for the car.  The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.

It is the dealer’s obligation to collect the vehicle, unless your sales contract includes a clause obliging you to return the car. You only have to make sure the car is available to collect.

Be reasonable about this and work with the dealer if you want to get your money back with minimal fuss. Make their lives difficult and you can be sure they will return the favour…

Final right to reject – the first six months

If you have had the car for more than 30 days but less than six months, you have to give the selling dealer one attempt to fix the fault before moving to reject the vehicle. If the repair has not fixed the fault, you can reject the vehicle.

If you part-exchanged your old car on the new one, you will not get it back. Instead, you will get a cash value for the new car. However, unlike the short-term right to reject, it may not be the full value.

In this instance, the dealer is able to claim a reduction in the value of the vehicle. This is based on the mileage covered and time elapsed. There is no guidance on how much they can charge you, so be prepared to negotiate this with the dealer. If it goes to court, the judge will decide.

As above, it is the dealer’s obligation to collect the vehicle under the Act. You cannot be charged for return costs or be forced to return the vehicle yourself.

Rejecting a car should not be your first move

If you discover a fault with a car you’ve just bought, don’t automatically move to reject it. The fault may be relatively easy to fix. You’ll save a lot of time and hassle compared to trying to reject the vehicle.

Despite the Act providing a clear right to reject a faulty car, it isn’t as simple as going back to the dealer and walking out with a nice fat cheque. The dealer will want to conduct their own assessment of the vehicle. They may well not agree with your contention that the vehicle should be rejected.

If they refuse to accept your rejection, you will need to take some form of action to pursue the matter. Some dealers are signed up to a voluntary Ombudsman’s code, which allows for independent mediation. But usually you will need to take legal action against the dealer. You will also need to get written reports from another garage to back up your claim.

When you reject your car, the dealer has to buy it back from you for the same price you paid for it. You have to sign the registration forms back over. If you have finance on the vehicle, that has to be cancelled as well.

A car purchase can be complicated to unwind, and you might not get your money back for several weeks.

The dealer may offer to repair the fault and potentially even offer you some form of compensation as well. This may be a better result than pursuing a rejection. It may save you a lot of hassle as well, since you won’t have to go through the process of buying another car.

Next page: What are the grounds for rejecting a car?

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.

617 Comments

  1. who do we contact if the dealer is not willing to cooperate and respond to my emails? how long should i have to wait?

  2. Stuart Masson

    Hi Natalie. If you bought the car from a franchised dealer, you can contact the manufacturer’s head office (all UK brands’ contact details are listed on our car manufacturers page). You can also have a read of our article about resolving a dispute with a dealership.

    If you are getting no response, you will have to take legal action against the dealership, which means engaging a solicitor. This is a pain and an expense, and unfortunately dealers know that disgruntled customers are more likely to just go away than spend money on a lawyer.

  3. Hi Stuart,

    I placed an order for a new car back in May on Pcp. There was a communication error between the dealer and the factory and the wrong car was built so they rejected that car when it arrived and ordered a new one. That was in July. It’s now the end of September and I’ve still not got my car. Can I cancel the order and get my deposit back? I’ve been waiting more than 4 months!
    Hope you can help.

  4. Stuart Masson

    Hi Amy. Your sales contract should have a delivery date on it, and the terms and conditions of your contract should state something along the lines that if the car is not delivered within 28 days of the indicated delivery date, the contract can be declared void.

    The dealer will naturally try to convince/threaten you to wait for the car, as they don’t want to lose the sale. However, if you are clear about exercising your contractual rights, there’s not much they can do.

  5. This is a tricky one – I have an 18 year old friend who bought a brand new Ford Fiesta in May 2016 on HP.

    She drove it for just 1 month – in hindsight she feels was shoe-horned into the deal & was given 30 days free insurance by the dealer to get her on her way quickly.

    The car has been parked up since June (all payments have been made) but no one would insure her at the end the 30 days free insurance period.

    Yes .. she should have looked into insurance BEFORE signing up (Naïve 18 yr old girl) but I would have thought a new car franchise would have a duty of care to qualify her/ask questions to ensure the car was right for her?

  6. Hi Stuart I bought a used vehicle last month and after two weeks I noticed it does not have a tyre pressure monitor but the online advert stated hat it does. I have requested a full refund under my consumer rights as the car has been missold to me as it is not as described. The dealer has advised it was a innocent mistake as the specifications are done automatically on the adverts. But I am still able to get a full refund here? Thanks

  7. Hi,
    A brand new car which we bought in January was experiencing faults and has been in the Ford dealership since July 19th waiting on a part from Germany. This part arrived twice damaged, the 3rd time arrived ok but have had an email today saying that the part fitted has no fixed the issue. I have contacted the CEO of Ford UK who has made the correspondence a lot better. I have no faith in this car now. Is there a way that I can reject this car. Thanks

  8. Stuart Masson

    Hi Stephen. No, I would argue that it’s not the dealer’s responsibility to make sure she has valid insurance cover. That’s entirely her responsibility.

    The dealer’s duty of care would only extend to the suitability of the car and her ability to afford the monthly payments, based on what she tells them about her circumstances. Checking the cost (or even availability) of insurance is something any car buyer should do before buying a car. And in any case, maybe they did ask her if she had checked out insurance prices – you only have her side of the story.

  9. Stuart Masson

    Hi Simon. It’s not really your problem whether it was an innocent mistake, negligence or done deliberately. The dealer is still responsible for the content of their advertising.

    If the car was advertised with a given feature which it does not actually have, you should be entitled to return it for a full refund. That doesn’t mean that dealer will play along nicely, but their excuse is irrelevant. They can seek compensation from the classified company if they want to.

  10. Stuart Masson

    Hi Keith. You will need to check your calendar on this. You said that you bought the car in January but that it has been at the dealership since 19 July. If that is less than six months (remember, you can subtract any days that the car was at the dealership during that time), you should be able to reject the vehicle. You have written confirmation from the dealer to say that they have tried to fix the issue and failed, so you should be entitled to a refund (minus allowance for time and mileage while you had the car).

    If you are outside the official six-month period, you will have to kick and scream, and hope that they will agree to a refund to make you go away. There is no legal obligation to do so, and they could simply string you along with replacement parts and courtesy cars under warranty. Have a read of our article about resolving an argument with a dealership.

  11. Hi Stuart
    I purchased a car on 16/09/2016. I test drove the car, checked the MOT certificate and all was fine. This was purchased from a small garage that mainly fitted tyres etc but always have a few cars for sale as well. His reviews were fine so I was not worried. The log book came through the post and now after checking I have discovered that the car is classed as Cat C since Oct 2014. I am really annoyed that he did not inform me. It looks like the car was repaired & VIC then back on the road by Dec 2014. I will be calling him as there are a few things (not major) that need sorting out but I would appreciate knowing where I stand legally. Thanks

  12. Stuart Masson

    Hi Mark. If you are buying a car from a trader, they are obliged to declare if a car is a Cat C insurance write-off – and usually it will be automatically flagged if it is advertised on a site like Auto Trader .

    If you have the advertising material (print-out from website, etc) which does not disclose that the car is a Cat C, then you should be entitled to reject the car. It may have been an innocent mistake, but it’s still not your problem and the vehicle was mis-sold. A Cat C vehicle would be worth significantly less than an equivalent vehicle which has not been involved in a high-value accident.

  13. Hi Stuart.
    I sold a car recently and have been told by the buyer that after 14 days of driving the car has developed a problem and needs a new clutch. I genuinely did not know of any problem with the clutch or anything else when I sold it. I gave a receipt stating sold as seen without warranty non given or implied. I an very saddened that the car developed a problem 2 weeks after selling it and would like your advice from the other side of the fence so to speak.
    Many thanks
    Tony

  14. Stuart Masson

    Hi Tony. As I understand it, the Consumer Rights Act trumps your statement about no warranty given. I would suggest visiting lawgistics.co.uk, which is an excellent legal site for traders.

    Without knowing any detail of the case, a clutch failure is likely to constitute a significant fault and would be covered by the Consumer Rights Act. The question is likely to be whether it was caused by the new owner, whether it spontaneously occurred in the last two weeks or whether it was likely to have been caused by a pre-existing problem.

  15. Many thanks for that Stuart much appreciated

  16. Hi, having tried to reject the car yesterday the car dealership were quite short with us and told us because the car is on finance that we have to call them which we did. Is this correct. The finance say that it will cost us nearly 4000 pound to end the finance agreement. Any help will be appreciated.

  17. Stuart Masson

    Hi Keith. Yes, you will need to work with the finance company, as the vehicle belongs to them not you. If the vehicle qualifies for rejection under the Consumer Rights Act, the dealer will refund the finance company (minus any allowances for use over the period) and anything left over should be refunded to you.

    You will need to be clear that you are not looking for an early settlement of the agreement, but to reject the car under the Consumer Rights Act.

  18. I’ve had my McLaren for five months – it’s four years old. From the first week of owning it, it needed to go back under warranty for suspension problems. Then it was noticed that there were paint issues, which again were covered under the warranty so the car went back once more (for quite a long period of time). Three weeks ago the car developed yet another problem (an engine management light came on) so under warranty was sent back to McLaren for investigation – after 17 days with them, they are suggesting that the wiring loom could be the cause and needs to be changed – firstly they need to get this authorised so have advised me that the warranty company intend to visit in a couple of days to ‘check’ before they will authorise any work. This work could take up to a month if not longer. Seeing as they’ve already had my car for nearly three weeks, this will result in McLaren having my car more time than I’ve had it!!!
    Do you think I’m entitled to reject the car under this 6 month act? Ive been unable to use this car for its intended purpose. Ive not been able to use the car – due to the faults for half the time I’ve owned it. And that’s forgetting the fact that it’s costing me in road tax, insurance and obviously there’s depreciation on the car as well as the length of warranty diminishing with every day they have it. Out of interest, the warranty costs £3500 per year.

  19. Hello Stuart,

    I am in big trouble and I am at the point of setting fire to the car I bought (not quite, but I’m desperate).

    On 13th of September, I bought a Peugeot 207 1.6 HDI with 1950£, which included a 50£ discount because the front tyres were bad. Before I signed the papers, the dealer told me that the car has a full-service history and he changed the turbo with a refurbished one because the old one was faulty.
    We’ve paid for the car and since 29th the car worked fine. But on that morning my wife started the engine and got “Low-pressure Oil” and “STOP” warning lights and the engine had a strange noise. I told her to use a taxi for the day and leave the car on the drive.
    On the same morning, I’ve called the dealer and he told me to get the car to his place and his mechanic will check the car. When I told him that the car is not drivable and the car has a 6-month warranty, he stated that the car has no warranty because he gave me a 50£ discount. The conversation got too long for me and no solution to my problem. I’ve told him that I’ll be waiting for his call with a way to fix my car.
    Because he didn’t call back I’ve called him back today and tried one more time, but this time I told him about Consumer Rights Act and that I want a full refund for the car because I can’t use it. The discussion didn’t go well; he told me that he’ll come to take the car to his garage and mechanic, but will charge me for the labour, and many things like that. All his solutions were costly for me and I refused all of them.
    What can I do now?
    Reading the forums, I found out that the engine is almost dead and all attempts to repair it will not succeed.
    PS
    I’ve fitted new front tyres on the car and the old ones went to AA Tyres…:( In case I get a full refund, will I lose the money for the front tyres??
    Thank you for your help!

  20. Stuart Masson

    Hi Tony. The law makes no provision for road tax, insurance or depreciation. If you are rejecting the car within six months, this is something you would need to negotiate with the dealer when they are trying to claim for your use during that time.

    As to whether you are likely to be able to reject the car under the Consumer Rights Act, it could depend on whether the dealer can fix the wiring loom fault. If their replacement/repair is successful, you can’t reject the car. If it fails, you can push to reject. Without knowing how significant the suspension problems were, and whether they were fixed, I wouldn’t know if that would constitute a valid fault for rejecting the vehicle. Paintwork faults are unlikely to be justification for rejection, however.

  21. Stuart Masson

    Hi Costi. You will need to check your contract to see if there is anything where you agree to waive your warranty in return for a £50 discount. The dealer can’t force you to sign away your rights under the Consumer Rights Act.

    Your chances of successfully rejecting the car will depend on what the fault is, and whether it is significant. If it turns out to be a simple fix, you can’t reject the car. Your car’s problem may be identical to others in the forum, or it could be a different problem – cars are highly complex machines and different faults can appear the same from the outside.

    If you are able to reject the car, you won’t be able to claim a refund for the money spent on the tyres.

  22. Hi Stuart, I had a car which still had negative equity of £2200 on it. I decided to part exchange it for a new car. I paid a £300 deposit for the new car and the dealership gave me £1200 for the car and put the negative equity on my new car finance deal. All was great with the new car for 6 days then my new cars dash light up like it was Christmas, firstly engine warning light, then urea emissions light then the service warning light. I immediately took the car back to the dealer service department to get the sorted. After 5 days I was requested to return and pick up my car, all was will when I arrived it was a quick change over. The salesman explained that the lights were all out and they fixed the issue which was due to a emergency recall problem with these cars. So I was happy with that and headed home after traveling 30 minutes in the car on my way home the same lights come on again and I decided right there that after11 days and only driving my car for a total of 6 days that I no longer wanted to buy the car and wanted a refund due to this same issue happening again for the second time. I dropped the car off with the dealership even after they made it hard for me by trying not to accept the keys from me. After going home and cancelling my finance agreement with the finance company within my 14 working days I awaited the dealerships response. They finally have got back to me offering me the same model of car with 4k more miles on it for the same price, I refused. Then they offered me the chance to buy a more expensive car which was out of my monthly budget and again I refused. I explained that I wanted to cancel the deal end of story. They are now telling me that because they have sold my car I traded in and that they have paid the negative equity that I am liable to pay them the negative equity in a lump sum of £700 (£1000 – my £300 deposit) if I wish to cancel the deal. I feel that I am the loser in this situation as I do not have the money to do so. So I have lost out on the new car I wanted, lost out on my old car i.e (I only part exchanged for this low price due to thinking I would be getting a fully working car in return). So no new or old car and having to pay £700 before the deal is cancelled. Is there any legal route with this because surely they should not be allowed seen as It was there car that was faulty?

  23. Hi Stuart,
    I bought a 6 year old car from a dealer 10 days ago and wasn’t given the MOT certificate, instead the dealer printed off the dvla check that shows it had an MOT issued in August.
    Now the service light has come on, which I thought was suspicious after just over a week and I looked into how to get a copy of the MOT and was able to get the MOT history online which showed advisories for worn & pitted brake pads and discs. I’ve booked a free brake check at kwikfit tomorrow but I would like to know whether the dealer should have told me about the advisories? And what my rights would be regarding getting them to pay for any work needed on the brakes?
    Thanks

  24. Hi Stuart,
    I am having terrible luck trying to return a car I bought from a small trader. The car broke 6 weeks after buying it and I have been told by the official manufacturer who I took the car to that the engine is probably seized. The car was sold with a 6month warrantee that covers up to £1k. The problem is that the warrantee company want to know the exact cost of the repair before approving it.
    Taking the engine out for inspection is over 1k by Bmw, the manufacturer. If is seized obviously it would cost several ££££. Even taking it to independent garages will cost around £500 for them to take the engine out and tell me what is wrong with it. The dealer doesn’t want to pay for any of this and says that as I have a warrantee I need to go through it.
    Do I buy the bullet and pay for the diagnosis myself and hope that the repair is covered by the warrantee?
    Thank you

  25. Hy Stuart purchased 15plate on 6 oct less than40 hrs and 40 miles later engine management light on and strong smell of burning oil . It also on start up once went from 0to6rpm and back . Anyhow took it back and there going to look at it and if they not capable will send car to main dealer . What I’m worried about is if I have no car forseable future I can’t work . Now this will have implications on home life . Car is on finance . I’ve spent a extra £400 to insure and tax . If I reject car how quick do these things take is it worth phoning finance company . Thanks

  26. Stuart Masson

    Hi David. Yes, they would appear to be correct.

    You financed an additional £700 over and above the cost of the car to clear your negative equity. By rejecting the car, the dealer is required to refund the money owed to the finance company – which is the cost of the car + £700. So they get their car back, but they are £700 short. Therefore you owe them £700.

    The Consumer Rights Act can’t make the dealer buy your old car back again and return it to you. Once you sign it over, it’s gone and whatever financial details you have in place to sell it to the dealer (your negative equity) are all about clearing the finance on that car, not your new one. The Act allows you to cancel the new car purchase as that car was faulty; it can’t undo you selling the dealer your old car.

    Most finance companies won’t allow financing negative equity anyway, as it can cause financial problems for both borrower and lender down the track.

  27. Stuart Masson

    Hi Tina. A dealer is not obliged to fix advisory points on an MOT inspection, only the points where a car fails. The brakes may be legal for months or years to come, depending on your driving requirements and habits. The purpose of an advisory is to warn you of expenses coming up in the future, but the time before those expenses need to be actioned will always be variable. The car was legal, which means the dealer’s duty of care was done.

    Unfortunately it comes down to ‘buyer beware’. If the dealer couldn’t provide a current MOT certificate, you should not have bought the car until it was provided or until you had checked it yourself. That way you could have decided whether you wanted to pursue the purchase or negotiate a discount or repair as part of the purchase. Same applies to servicing dates. You should have been able to see the service history or check the car’s onboard servicing information to know when it was going to need its next service.

  28. Stuart Masson

    Hi Charles. Under the Consumer Rights Act, you can take the car back to the dealer and insist on a repair. If the dealer is unable to fix the fault (or presumably if they refuse to), you can proceed to reject the car and get a refund.

    If you are not wanting to reject the car, then you will have to go through the warranty procedure. Used car warranties generally work this way; it’s not the same as a manufacturer new car warranty, where you just drop the car off at the service centre and pick it up when it’s fixed. It’s one of the downsides of buying a used car.

  29. Stuart Masson

    Hi Dean. It’s tricky and there is no definitely answer as to how long it will all take. The dealer will obviously want to inspect the vehicle before accepting or rejecting your claim to reject the vehicle. They may need to get advice from the main dealer. Even if they do accept your rejection without question, it could take take weeks for the whole thing to be resolved. You will definitely need to speak to your finance company, as they car belongs to them and not you and they will need to agree to the rejection.

  30. Hi I have purchased a second hand car from Arnold Clark and there is faults being found 20 days after purchase it has been in for repair twice and fault still there then car went to another dealer who then found another 2 faults wi the car , I requested to reject car and I’m being told that there is no fault found so I can’t reject car but I have in writing from another of there dealers saying there is a fault where do I stand for rejecting vehicle

  31. Stuart Masson

    Hi Jaime. The dealer is not obliged to agree with you that the car has a significant fault. If they do not accept your rejection, you will need to either progress through what is called Alternative Dispute Resolution or bring legal action against the dealer.

    I have heard far more complaints about Arnold Clark than any other dealer group, so they clearly don’t appear to have a good reputation for looking after their customers.

  32. Hello Stuart,

    I bought a car four days ago from a dealer. Its VW FOX 2011 car. I test drove the car with a friend of mine and we found it ok overall. The recent MOT done in june (dealer) did not show any warnings. The dealer informed that he will giving three months warranty. After four days (i had driven 70-80 miles) I noticed a clicking sound from the rear tyres. I took it to VW dealership and had visual inspection done. To my suprise they have pointed out more faulty items:

    1. Engine oil sump leak 2. Front shock absorber damper leakage. 3. Rear bumper stop completely split. 4. Undertray liner tray being broken.

    I feel the front shock absorber and rear bumper are serious but the dealer is refusing to accept it. Also he is saying they are all wear and tear items, so no warrantly.

    In this situation what are the options I have? Do I have the right to reject the car?

  33. Stuart Masson

    Hi Santosh. Of those items, I would have thought the only one which could potentially be worthy or rejection may be the sump leak. But it would depend on how much it’s leaking and whether you could prove the fault was present when you bought the car. All of those faults are likely to have been caused by driver damage (potholes, speed humps, unsealed roads, etc.), so you would need to prove that it couldn’t have been you that cause the damage. That will be difficult.

  34. The car we’ve just bought proved to have a damaged rear brake ( no pads and disc scouring and our mechanic says it’s dangerous to drive). At the time they told us the squeak on the brake was due to rust through standing about and would improve once we drove it. Where do we stand?

  35. Stuart Masson

    Hi Ann. Brakes are a wear and tear item, which makes it difficult to reject a used car under the Consumer Rights Act.

    If you have a written report from a qualified mechanic (or, preferably, two reports) that the pads are worn down and the discs are scoured, then you can go back to the original dealer and argue that they should be repaired.

  36. Hello Stuart,
    I bought a 2004 Ford Mondeo recently from a dealer, less than a month, it has two problems that I didn’t know about when I bought it and neither the seller said anything about. Firs one its the clutch, it makes a grinding noise when shifting gears, and the engine makes a loud noise when it’s idle, both sound a lot worst after the car runs a while, I didn’t hear them when I checked the car. And the second problem is that the engine cuts off at more than 70mph, when I checked the car didn’t run with more than 30 so didn’t see it.
    Do you think it’s reasonable to ask them for a refund?

  37. Stuart Masson

    Faults on a 12-year old car are difficult to claim under the Consumer Rights Act, as presumably the car has considerable mileage on the clock. Faults have to be significant for age and mileage.

    A dealer could argue that the clutch and gearbox are OK, and that it is your gear shifting technique that is causing it to grind. A ‘loud noise’ is fairly non-specific, so impossible to say whether or not it’s relevant. The engine cutting out at 70mph would be relevant, as it would be considered a fundamental requirement of the vehicle to be able to achieve the national speed limit.

  38. Hi , i bought a 2009 megane from a main dealer, i toon the car for a test drive before i bought it, and noticed the brakes squealing. They informed me they will change them.. week later i pick the car up. All seems fine, then brakes start to squeal again. I call the dealer the next morning and they said they are new pads, will take time to wear them in. Time passed ans still the same. They collected the car from my home and had it 1 week, they said they changed to pads again with genuine pads (this annoyed me) why didnt they put genuine pads on 1st time.. ? The brakes still squeal!! They collect car again, and now have changed the front discs, but still no fix… i have told them its not just when braking, its driving through town you can hear them! I have it all in writing by email from day 1. I have the car on finance though, and im sick and fed up of having a loan car and being messed about. What can I do.?

    Thanks Shane

  39. Hello Stuart , I recently purchased a second hand audi – after having the car for 8 days numerous warning lights have come on and have noticed a very distinct rattle coming from the engine , after taking to a garage it has 7 different fault codes and I have been advised not to drive it, I am in the process of asking for a full refund from the garage which they are currently declining. I am proceeding in writing – is there anything I should be aware of here?
    Thanks

  40. Stuart Masson

    Hi Shane. You will need to contact the finance company and inform them that you wish to reject the car. They should be able to advise you of whatever they need (since it’s their car, not yours). You can then formally write to the dealership to reject the car under the Consumer Rights Act.

  41. Stuart Masson

    Hi Carol. The dealership is not obliged to accept your rejection if they dispute that the car has a significant fault based on its age and mileage.

    The next steps are either the government’s alternative dispute resolution scheme, or engage a solicitor and begin legal action to reject the vehicle.

  42. Hi Stuart

    we bought a 6 month old Land Rover 2 weeks ago (9k miles) from a LR dealer in Scotland and had it delivered to our home in Northern Ireland. I paid for the transport home at about £400. As soon as it was delivered I checked over the car and seen it had a number of issues. The boot lid would not close properly, there was rattles in the rear quarter, there was rattles from the front suspension and importantly, the front drive CV boot was busted and had been for some time.

    My understanding is that the failed CV joint boot would fail an MOT, therefore my car is un-roadworthy even though only being 6 months old. The seller dealer said it would all be fixed under warranty so we booked it into our local LR dealer today but the outcome of that is that they didn’t do anything to the car as they said they checked the boot lid and seen that the rear of the car had some work done and the heat shield behind the bumper was bent, suggesting some form of damage and repair. They said the rear bumper and boot lid was clearly off and had work done. As a result, they could not fix under warranty as it wasn’t a warranty issue. They also said it needed a new drive shaft and CV joint boot etc.

    I’ve great history of emails, photos and videos of the car as a result of these issues. Notifying the selling dealer and they have apologised etc. Today I emailed the original dealer asking for a full refund and also to reimburse me my cost of transporting the car home to me – £400. I also said they should come and pick the car up at their cost and take back to Scotland.

    What is your view on the refund and also the £400 I had to incur to take the car home? They were aware of this when they sold me the car.

    Thanks
    Ronan

  43. Stuart Masson

    Hi Ronan. The Consumer Rights Act doesn’t make specific provision for refunding your delivery costs, but you can certainly make a claim for it as part of the rejection and see if they agree to pay it. The dealer is obliged to collect the vehicle; your only obligation is to make sure you are fair in accommodating them in collecting it.

  44. Hi Stuart,

    I brought a brand new Audi A6 on 2nd October, 2016, The car developed problems on 9th, Burning smell and the engine fan ran 3 times at different occasions on the same day even after switching off the engine, There was a warning light in the dashboard and the start/stop system reported an error and stopped working. Contacted the dealer, they responded quickly and arranged for a collection on 13th and gave me a courtesy car, its been a week now and they are yet to fix the problem and return my vehicle. They accepted that they found the issue, but not sure how to fix it and waiting for audi to get back to them. Will i be able to reject the car and request for a refund, my worry is the reoccurance of the same problem after couple days when i will be out of the 30 day window. Please advise.

    Thanks,
    Shiva

  45. Stuart Masson

    Hi Shiva. Firstly, the 30-day clock stops whenever the dealer has the car (including any days you are waiting for an appointment), so that gets added onto your original 30 days.

    In terms of whether you can reject the car under the Consumer Rights Act, it will depend on the nature of the faults. Being a new car, the tolerance level for any faults is significantly lower than on a used car.

  46. Hi Stuart,

    I recently purchased a used Peugeot 308 from an independent dealer, within 4 months the car developed an engine problem and was sent back to the dealer to fix (obviously unhelpfully, had to pay to have it towed to him 200 miles on my expense and was with him for three weeks before any communication at all on what was happening with my car!). I was advised by two local garages near to me that the car needed a new engine. The dealer reckons the car is now ‘fixed’ no new engine needed and is available to collect. I am looking to pick it up soon, but before I do I have asked for a confirmation of work carried out so that I have a history of what has been done to the car – to which he got VERY RUDE and angry with me, explained I am not entitled to that, it’s unheard of that anyone would even provide this type of information and then hung up on! I am a novice when nit comes to cars, especially my rights as a consumer. Before I reply back and try and negotiate further, am I entitled to this information or not? Hope you can help me, thanks Donna

  47. Many thanks for the advice Stuart

  48. hi , we brought a car end of july 2016 had few problems with particulate filter, it did go into be cleaned but the light has re appeared after only 3 weeks. We werent informed about this filter until the issue was brought up by us the consumer and when buying the car we told them it was only for short journeys nothing was mentioned. It is now causing money issues and isnt fit for purpose due to having to have it cleaned every so often. Are we entitled to swap for a like for like car at the same dealer
    Nat

  49. Stuart Masson

    Hi Donna. Sounds like he’s a bit of a dodgy trader, unfortunately. No self-respecting dealer or workshop would have a problem giving you a complete breakdown of the work they have performed on YOUR car, regardless of whether it was a warranty claim or being paid for.

    Legally, I’m not sure what information you are entitled to. I would suggest visiting legalbegles.info and asking the excellent legal experts they have there.

  50. Stuart Masson

    Hi Nat. If you don’t have any evidence of what you advised the dealer, it is very difficult to prove that you have been mis-sold the vehicle. They could (and would) claim that you never said any such thing. If you bought a new car, you may have some luck going to the manufacturer to complain about the dealer’s selling practices, but even then it’s unlikely you will a vehicle swapped at no cost to you.

    It may be that you don’t have to vary your driving patterns much to avoid the diesel particulate filter light coming on. Have a read of our article about diesel cars and city driving.

  51. Hello Stuart,

    I purchased a car on finance around 2 months ago. On the test drive it had a scraping noise at low speeds which the salesman assured me was just wearing itself in as it had been standing for awhile.

    So i went ahead with the purchase but the noise did not lessen. Fast forward two months and i’ve had it back to them 2 or 3 times to get this fixed, in which time they have replaced a cracked wheel, the two front brake discs, all break pads and done a break service. The noise has lessened but is still there.

    They are now trying to charge me for any further work and i have payed for curtesy cars too when it goes in. Now i feel like i’m at the point of putting up with the sound or pressing for a refund or paying for a second opinion elsewhere and they dont seem to have fixed the problem that was there when i took the test drive.

    Really unsure of my options at the moment. Other than the scraping sound at low speeds, the car itself drives and handles fine.

  52. Stuart Masson

    Hi Matthew. Obviously a scraping sound is not normal (or good), but whether it is sufficient to reject the vehicle under the Consumer Rights Act will depend on what the problem is. You did make the point that the car drives and handles fine, which will make it difficult (especially if it is a used car). If it is a new car, your chances of rejecting the vehicle will be higher as a new car should have no problems.

  53. Thank you for the advice.

  54. Hi Matthew. I recently bought a brand new Vauxhall van from main dealer. I very soon found out that there is an intermittent electrical problem. Sometimes the windscreen wipers can’t be switched off but more worryingly fairly often you can’t turn them on without stopping the vehicle, turning off the ignition then starting up again. It was returned to the dealer who said they couldn’t find a fault but at my insistence they have got it again now, have changed the BCM but it hasn’t resolved the fault. It would fail an MOT in this condition if it was over 3years old but it is only 3 months old and the fault was reported within in the 1 month time frame. They now have my van, I have their courtesy car while they try to repair the fault but what are my options?

  55. Stuart Masson

    Hi Ian. If they have tried and failed to repair the fault, you should be able to reject the vehicle under the Consumer Rights Act. It doesn’t mean that the dealer will go along with it, but you’d have to cross that bridge when you come to it.

    For more LCV news and advice, visit our sister site The Van Expert.

  56. Bought a new car via Nissan finance and the car experience some hesistation or flat spot on pullway when you are accelerating at around 40mph. In order to protect my purchase I have specifically asked the saleman about the gearbox and he said that the car drives very smoothly and he demonstated this using a sketch with a straight line. Definitely not as described and this hesistation is uncomfortable when you drive.

    The car was booked for a ECM software update but this did not help at all. Then the dealership booked an extended test drive by a field engineering which recorded the driving with a debugger tool.

    Although, initially they said it maybe a fault now they are saying that after the extended road test there is no fault with the car and this is probably a characteristic of the new gearbox.

    I tried to reject the car “as not as described” but they are not accepting my rejection letter. Also their excuse is because I have test drove the actual vehicle and they have done everything that it was expected in this situation.

    Do I lose my rights “as not as described” because I have tested drive the car before purchase.
    Does this give the right salesman to describe and sketch the gearbox as smooth without consequences?
    Is that anything else that I can do when Nissan denies that they is a clear fault with the vehicle although there some driving hesitation around 40 mph?

    Thanks

  57. Stuart Masson

    Hi Peter. You can’t use a salesman’s verbal description or an informal sketch as an excuse to reject a vehicle. You would need written proof in a verifiable format (eg – an email from the company account, or a letter on company letterhead), otherwise it is simply deniable. Rejecting a car for not being as described or advertised would only apply to official and/or verifiable descriptions of a vehicle’s specification or qualities (eg – a car was advertised as being fitted with a particular feature, but when it was delivered that feature was not present). This does not sounds provable in your case.

    To determine whether your vehicle is faulty for the purposes of the Act, you would need to compare its performance with another identical vehicle. If both cars perform in the same way, it’s not likely to be a fault but simply a characteristic of the vehicle.

    If you are not happy with the dealer’s actions, you can escalate the matter to Nissan GB, as the dealer is probably an independently-owned franchise licenced to sell Nissans. Nissan GB provides the warranty for the vehicle and is your next step if you want to take the dispute further.

  58. I have also another two cosmetic problems.
    When I have collected the car they were few scratches in the bumper which the dealer admitted responsibility without challenge and offer to repair for free.

    Another cosmetic is that the there is a significant mark at the windscreen. It is seems that it was a paper mark attached to the windscreen when it was kept in the warehouse.
    Although I have cleaned the windscreen with vinegar and soda water and other chemicals , the mark is still very obvious during the day when the glass gets foggy. See the attach pic after intensive cleaning it.
    https://www.dropbox.com/s/3uf27matu50s80e/IMG_6502.JPG?dl=0

    Can you reject a car for cosmetic reasons within the first 30 days?
    Do I have to accept the cleaning of the windscreen or in the case the windscreen is damaged replace it ?

  59. Stuart Masson

    Any cosmetic problems would have to be significant and expensive to fix to be used as justification to reject the vehicle under the Act. If you now go back and try to reject the car because of a couple of scratches or poor window cleaning, the dealer is likely to assume that you are just looking for excuses and is more likely to dig their heels in as a result.

  60. One thing not mentioned in the article is if a person obtains finance through a intermediate broker.

    If this happens, the finance company matched to the application is likely to consider the broker as the dealer and not the end dealership who physically delivers the car. In the event of a fault, the purchaser NEEDS to go to the finance company and not to the dealership.

    We have been stung with this with a Zafira B that we have discovered after 8 months has a long-standing head gasket issue. As we used our own garage to examine the car, we lost all rights under CRA to pursue a rejection.

  61. Stuart Masson

    Hi Brian. It will depend on how the finance and the vehicle purchase has been arranged. The broker does not usually sell the vehicle, so they can’t be held responsible for its condition. And there is absolutely nothing to stop you having another garage examine your vehicle to help you pursue your right to reject. You mentioned that you discovered a problem after eight months; this is what is likely to be stopping you from pursuing your right to reject the vehicle, as the Consumer Rights Act only covers faults within six months of purchase.
    Yes, you will need to involve your finance company, as the vehicle belongs to them and not you. But ultimately the rejection has to go back to the selling dealer, not the broker.

  62. Hi Stuart,
    I purchased a VW polo from the car people of Sheffield on 28/06/2016 and although I had noticed the car did not start first time on a handful of occasions I thought this was due to the clutch not being depressed fully initially as removing the key and trying again it would start. At the beginning of October I noticed the problem was significantly worse and becoming more frequent. I took my car to a garage I use regularly to see if it was something simple like the battery. They diagnosed a few potential faults starter motor, clutch sensor but were not confident to fit parts as they could not state a definite cause. I contacted the car people who said they would have the car in for repair at my cost as it was outside of their 90 day warranty. I was also advised by the garage that it would be better to take it to a VW main dealership as they had access to more information on wiring diagrams etc which they thought could be the problem. I chose to take it to the dealer for diagnostic and informed the car people I was taking it there. The customer service manager at the car people said as the fault was intermittent and unclear that the dealership was the best place for it. After one week the VW dealer said they thought it was the starter motor and replaced this at a cost of £440 which I paid, within 2 hours of collection the car faulted again and would not start. I took it back to the dealers who are now still another week later struggling to diagnose the fault. They will refund me the £440 and give me the car back on Wednesday as they without starting to strip the car down (at my cost) can not diagnose the fault. The car people will only offer to take the car in for free diagnostic and a repair at my cost. I also must get the vehicle back to them which will involve costs of recovery if it won’t start. Having had guidance from citizens advice as it is within the first 6 months I have a right to reject the car, and should be offered a repair, replacement or refund. The car people are refusing to acknowledge this stating simply the fault was not present at the time of purchase and occurred outside their 90 day warranty. Citizens advice said I should also be entitled to an independent diagnosis at the car people’s cost to ensure the findings are unbiased and they should bear the cost of collecting the vehicle, which they will not accept. I am struggling to decide on the next course of action, once I return the vehicle to the car people I will no longer have a loan car unless I accept a repair being carried out at my expense by the car people in this case they will offer a loan vehicle. I am wondering if due to their refusal to acknowledge any rights under the consumer rights act whether to arrange return of the car and send a letter stating my rejection and request for a replacement as I understand it then they can choose to offer a repair, does this still have to be at my cost. The car is only 3 years and six months old with low mileage, I have only owned the car 4 months and 10 days and travelled 2000 miles since purchase. I have no protection as I obtained a personal loan and paid by debit card and a trade in valued at £4100 I paid nearly £11000 and am stuck paying a loan for a car I can not use. Please please help, citizens advice are good but they do not tell you what to do when the dealer refuses to act in accordance with the consumer rights act. I do not feel given my length of ownership I should be in this position facing extreme costs to get the vehicle roadworthy also now I am so angry at the car people and have a loss of confidence in the car with two reputable garages unable to fix it, I really think I’d prefer to reject it.

    Thank you in advance, Emma

  63. Stuart Masson

    Hi Emma. If the dealer does not want to acknowledge a rejection under the Consumer Rights Act, you basically have to take legal action against them to reject the car.

    Intermittent faults are always difficult to prove, as the car may genuinely perform faultlessly when it is taken into the dealership for inspection. The dealership is also entitled to expect you to pay for diagnostics and repairs that fall outside your warranty unless you are rejecting the vehicle, so you need to be clear in your communications with them: either you are following the Consumer Rights Act to pursue a rejection or you are trying to get the problem fixed with the intention of keeping the car.

    In terms of your entitlement to an independent diagnosis at the dealer’s cost, that is not written or implied in the Act. If you successfully reject the car, you can reasonably ask for those costs to be reimbursed, but you don’t have the right to demand tha the dealer pay for an independent inspection elsewhere – that’s your responsibility as part of you proving a fault with the car.

    The dealer does not have to accept another garage’s failure to fix the problem – it must be the selling dealer (or their nominated agent) who is unable to fix the vehicle before you can reject it.

  64. Hi Stuart,
    Sorry I’ve posted twice as couldn’t see this initially.
    Therefore from your response I am going to arrange for the vehicle to be took back to the car people and hand in with the keys a formal letter of rejection giving my reasons why.

    What will be the next course of action if they refuse it?
    Thanks

  65. I understand I can choose to reject for replacement instead of repair but ultimately this is their choice as to the best solution economically, what are my rights to a loan vehicle providing in either case and a reasonable length of time to wait for resolution. Or do I formally have to reject the car for a refund and then negotiate? I wish to reject the car and that is final but they have a right to repair it as its past 30 days. Thanks

  66. Stuart Masson

    Once you file your letter of rejection, it is the dealer’s responsibility to collect the car at their cost (unless there was anything in the contract which says otherwise). You don’t need to deliver it to them.

    If they refuse to accept your rejection (which is their right, of course), then your next step is either to work through the government’s new Alternative Dispute Resolution scheme or take legal action against the dealer.

  67. Stuart Masson

    Correct; the dealer is entitled to one chance to repair the fault if you make a claim under the Consumer Rights Act. If that repair does not fix the problem, you can proceed to rejecting the vehicle under the Act.

  68. Hi Stuart
    A fault in my car became apparent within a few days of buying it from a SEAT main dealer. It’s used, but only 11 months old. The fault is intermittent though. I think it’s possibly the clutch slipping. The engine speed suddenly increases while accelerating. The rev counter needle goes well into red. The happened last Wednesday evening and Thursday morning. It didn’t occur later on Thursday or on Friday. I was so shocked to have a fault within the first week of ownership I decided to reject the car. But, I wonder how a court would deal with a case where the dealer hadn’t even observed the fault.

  69. My husband just bought a car from a second hand dealer he did an MOT and the brakes failed so he had it all done
    Then he said I need to get the electric windows fixed . So he took it his garage and they seemed to be working fine but my husband had only tried them from the driver’s side switch. So he part exchanged his car paid up and drive home seemingly happy. The next day when we went out in it I tried the passenger side window and it didn’t work neither do the back windows they all only work on the driver’s switch my husband rang the guy and asked for his money back but he said he couldn’t have it back he would take it back to his garage again to get it fixed properly. He has now had it two days and still not fixed.he also said as it is a minor fault he couldn’t get his money back we have a three month warranty. Where do we stand on this issue please.
    Thank you
    Cathy

  70. Stuart Masson

    Hi Ian. Intermittent faults are difficult, because the dealer may have gone through all the correct procedures and nothing was evident.

    Without knowing what the actual fault it, it is hard to judge whether it is likely to be considered a reasonable basis for rejecting the car.

  71. Stuart Masson

    Hi Cathy. If we are talking about a reasonably old car with plenty of miles, you are less likely to be able to successfully reject the car because some of the electric windows don’t work. If it is a near-new car, it’s a much more reasonable concern.

    There is no clear guidance as to what constitutes a significant fault on a used car. On cases brought to court so far, judges appear to have made significant allowances for age and mileage.

  72. Hi stuart the car is a Vauxhall vectors 07 automatic its done 82000 miles it cost us 2,800 is that considered old I suppose it is.The dealer has just rang and said it’s fixed so fingers crossed
    Thanks for replying and your comments

    Cathy

  73. Hi Stuart,

    I purchased a car from a second hand car dealer in April 2016. There was a fault with parking brake identified before I purchased the car and the second hand car dealer had it fixed. I was not happy with the performance of the parking brake and reported it within 30 days of buying the car. He recommended and paid for it to go to his local service garage for repair. I took it back a number of times, still unhappy with the performance. He then recommended taking it to a main dealership for repair. They have repaired the car but the parking brake cable has failed (snapped) 3 times. I have lost patience now and the citizens advice bureau (CAB) recommended I use the Consumer Rights Act to reject the car, even though it is 7 months after I purchased the car. The second hand car dealer is refusing my request and says that my issue should be with the main dealer who undertook the repair, even though the second hand car dealer paid for and was invoiced for the repair.

    Is the CAB advice correct?

    Thanks in advance.

    Sean

  74. Stuart Masson

    I think you would be hard-pressed to reject it at that age and mileage. So hopefully it will work properly from now on.

  75. Stuart Masson

    Hi Seanius. If you are moving to reject the car, it goes back to the selling dealer. It is entirely irrelevant who they authorised to attempt to repair the fault.

    The Consumer Rights Act only covers you for the first six months of ownership, but this does not include time where the car was in for repairs or booked and waiting for its appointment. So if the car has been at the dealership (or its nominated garage) for more than a month, or if you have booked an appointment but have had to wait because the dealer was busy, you could well still be inside the six-month window.

  76. Bought a 2 and a half year old Nissan Note a week and a half ago with only 13500 miles on the clock. I have noticed that there is a considerable creaking noise when going over speed bumps and some rattling and have brought that to the attention of the dealer who have booked it in to do an investigation. However they have informed us that they will charge for the investigation and any repairs necessary. I would not think that it would be reasonable to expect suspension problems on a car with such low mileage. Since buying the vehicle there has also been a very noticeable candy type smell which has not gone away. I have read since that this could be a sign of a coolant leak. Would you say that it would be a reasonable expectation to expect the dealer to cover the cost of any repairs and, if these prove to be significant issues would a return with full refund be a reasonable expectation?

  77. Hi. I purchased a used car just under 6 months ago. I noticed a whirring noise when in 3rd and 4th gear but thought nothing of it. It has gradually got worse since I had a mechanic friend have a quick look and he suspects a gearbox fault. Would this be covered?

  78. Worth mentioning it is on a 60 plate and less than 40k

  79. Hi.
    Bought a car brand new on PCP exactly a year ago today. It has been back 5 times to the dealership since then. First problem was within the first 2 weeks when it rained and realised there was a leak in the roof. Took it back 6 months down the line due to intermittently flashing warning signs in the dashboard. The engine and traction signs in amber. The warning lights came back 2 weeks after the car was returned to me every time it went in. They had the car for 6 weeks in August – September because they had to “take the engine apart” to fix the problem. Car was losing power as well as the flashing lights when I took it in August. I thought that was the end of it. Lights came on again in October and when I contacted them they said they’d have another look when it goes in for the annual service. It lost power again last week and I had smoke coming inside the car from the engine. The engine sign was solid red this time and stop the engine sign also came on with all sort of noises. Terrifying! Stopped the car and was recovered to the nearest Vauxhall dealership. My safety has been compromised twice with the power loss in awkward situations, once going up a hill and the other on an A- road. I’ve lost 3 days of work in the last 1 year because of the car problems. It’s just problem after problem.

    I wrote to the dealership and their head office to reject the car as it’s not fit for purpose. The sales consultant who sold the car to me has arranged a meeting with me this weekend. An ideal resolution would be an exchange for a new car as I don’t have trust in that car anymore. Given that I’ve had the car for 1 year, what are my chances of successfully rejecting the car? Your advice is highly appreciated

    Thanks

  80. Stuart Masson

    Hi Graeme. If you bought the car from a Nissan dealer, the selling dealer would usually agree to investigate without charging when you have only had it a few days. Also, the car is likely to still be under its new car warranty. If it turned out that the problem was not warranty-related or it was your own fault (ie – you damaged the suspension by going too fast over a speed bump), they would then charge you.

    If, however, you bought the car from an independent garage then they are almost always going to insist on charging for any investigation. Should it turn out that the car has a problem that would be covered under warranty or the Consumer Rights Act, that charge would be refunded.

    Until you know what the actual faults are, it is impossible to know whether they would be considered significant under the Consumer Rights Act.

  81. Stuart Masson

    Hi Ben. It depends what is causing the noise, and whether it is something that is likely to have been present when you bought the car. The Act does not cover faults which have developed after the sale, and if you have had the car for nearly six month already, it makes it difficult to prove.

  82. Stuart Masson

    Hi Will. You won’t be able to reject the car under the Consumer Rights Act unless the dealership has had the car for more than six months of the last year (probably unlikely). However, if you involve Vauxhall’s head office as well as the dealer, and make sure you are speaking directly to someone more superior than the sales executive (who has no authority to offer you anything, and will simply be trying to sell you another car), then your chances are going to be better.

    Ideally, you should have rejected the car while you were still within the first six months of ownership, as your rights are much stronger. Although your car is still under warranty, there is no clear legal provision to reject the car after a year. What the dealer is likely to offer is a discount on another new or used car, probably offering to buy your car back at more than market value and possibly settling your finance agreement. The sales executive is likely to have been authorised a level of discount to offer you on another new car, but it almost certainly won’t be a simple exchange of your current car for a new one.

    For more information, have a read of our article on handling a dispute with a car dealer.

  83. Hi Stuart,
    we bought a car two months ago from a dealer, and he informed us that there was a noise in the engine which was inaudible to us (we are no car experts..).

    The dealer stated in the invoice: “Advertised and sold with a known problem. Ticking/knocking noise from engine, 0/5/R Door fault”.

    When he drove the car with us, he did say about the noise, but said he did not know why it was making this noise. He said the car could well last a year and that we could bring it back after a year and exchange it for a better one at some discount.

    We were of the understanding that such noise was a minor problem and that the car would last at least a year.

    However after two months the noise became audible and took it to a local mechanic, who said the engine is faulty and will need to be replaced a t a cost of £1500. We called the dealer and he said he did tell us about the noise and that if it breaks down is not his problem.

    Is this classed as “not as described” because he did not give us the full information and did not say it was likely to break down? Or is there really nothing we can do about it because he mentioned the noise, and it was our own ignorance not to guess it would break down quickly?

    More over, we have written a negative review about poor customer service and he has been texting and calling theatening us with taking legal action against us if we do not remove that review.

    Do we have the right to ask him to repair the engine at his cost?

    Thank you so much for your help

  84. Hi Stuart,
    It is regarding the papermark on the windscreen while it was kept in the warehouse.
    The dealer failed to clean the mark and they have advised to contact Nissan for a windscreen replacement.
    I contacted Nissan but the Nissan said that this is due to a external factor and it is not a manufacturing fault (no windscreen replacement is available).
    Therefore they have concluded that if the dealership fail to clean there is nothing that they can do.

    What are my consumer rights in this case?
    Your advice is highly appreciated.

  85. Stuart Masson

    Hi Adri. In terms of arguing the meaning of what has been written, you would need to engage a legal specialist to assist. From a lay-person view, I wouldn’t think your chances are very good. If the contract stated that the car was “advertised and sold with a known problem”, then that’s what you’ve signed up for. The verbal discussion around that problem is largely irrelevant (and not provable).

    The customer review issue is entirely unrelated. If you are being threatened, you can and should contact the police. He can only really complain or take legal action if you have written an objectively false or libellous review. If you want to post the link to the review, we can look and see whether anything you have written seems unfair or libellous.

  86. Stuart Masson

    With regards to the Consumer Rights Act, your grievance is with the dealer. If Nissan UK has concluded that there was no fault with the car when it was officially handed over to the dealership, there is no prospect of warranty cover for the windscreen. That means you will need to pursue the dealer to replace the windscreen at their cost.

  87. Thanks, do I still have the consumer right to reject the car ?

  88. Hi Stuart
    I have just found out that my rejection for my faulty vehicle has been upheld after months of back and forth. they have agreed to settle the finance agreement and refund my deposit. However they are not willing to refund me the monthly payments that I have been paying for my vehicle since June. My vehicle has been with the dealership since July. The reason they have given is because they had provided me with a courtesy car. This courtesy does not even match the specification of the vehicle that I purchased. furthermore I had to argue with the dealership to provide me with a courtesy whilst my vehicle was with them for repairs. I even told the dealership to take the courtesy car back after the first attempt of repair as it was not practical for me being a manual and a much smaller car. They refused to take the courtesy car back and suggested that I should keep it in case more problems arise with my vehicle.
    Are they allowed to do this? This whole situation has left me very upset and frustrated. I have spent my entire maternity leave arguing with this company about a car that I purchased brand new in good faith to find that not only is it not road worthy but also not safe for me to be driving my family around in. The manufacturer themselves have confirmed that the gearbox needs replacing. Furthermore I have not breeched my financial contract in any way and have continued to make monthly payments for a vehicle I don’t even have which accumulates to over £1200. I want to completely come out of this agreement and have all my money refunded. Please advise me further. Thanks

  89. Stuart Masson

    Hi Afshan. The dealer is entitled to deduct for damage, wear and tear. The Consumer Rights Act makes no provision for courtesy cars or anything else, so it is likely to come down to an argument as to whether it is fair for the dealer to deduct for the use of a loan car. You will need to engage legal assistance if you want to fight the dealer over it.

  90. Stuart Masson

    I think you would be hard pressed convincing a judge that the whole vehicle is faulty and worthy of rejection; I would have though that the most likely outcome in a court would be for the judge to order the dealer to replace the windscreen at their cost (I am amazed that no-one is able to clean this glass properly).

  91. Hi Stuart, I am just thinking about buying a Mercedes C Class from a dealer who has said that they will deliver it to me for £400. I am happy with this as I do not have the time to go down there and collect it my self. They have comprehensively described the condition of the car to me over the phone as well as sending me some close up pictures of areas that they described as “few stone chips” etc. I am happy with what I have seen and heard from them. They require a £500 holding deposit which is refundable if the car is not as described when they deliver it to me but they said the £400 delivery is not refundable. Is this correct?

  92. Hi Stuart
    i bought a car less than 2 weeks ago and paid with bank transfer.Although it still drives it seems that the clutch could be failing i have just looked at the receipt and it has “vehicle has been tried and tested by customer. sold with all known and unknown faults ” stamped on it . i didn’t notice any problems when i took it for a test drive but i have only covered 300 miles most of them on the motorway . Any advice you could give me would be greatly appreciated.
    thanks
    Stu

  93. Stuart Masson

    Hi Jonathan. As long as they have stated that clearly (which they have), they are allowed to charge you for delivery/return and refuse to refund that fee if you change your mind.

    Your £500 deposit on the vehicle is refundable as it is being purchased off-premises.

  94. Stuart Masson

    Hi Stu. Their stamp on the receipt is meaningless, as far as I am aware. Any “known faults” which have been discussed prior to sale should be listed on the vehicle sale contract. And they can’t dismiss the Consumer Rights Act for any “unknown faults” by putting a stamp on a receipt.

  95. Hi Stuart. I bought a car 2 months ago from a dealer and within a couple of weeks the engine light came on. I took it to my local trusted garage (not dealer) who said that there were something like 15 engine codes being stored. He reset them and said to come back if it came back on so he could diagnose the fault. A few days later the light came back on and we took it back. The car needed a new EGR valve which the garage sorted for £200.
    About 2 weeks ago the engine light came on again and the car started juddering. We took it back to our local garage who said that there was a major fault with the engine (cylinder 1 lacked any compression) and that it would probably cost at least £800 to try to fix it although couldn’t guarantee it would work. We took it back to the dealer who initially said he could fix it although now has contacted us to say that it isn’t fixable. Dealer has offered to give us “some money back but obviously not all”.
    Retrospectively we should have gone back to the dealer at first hint of a fault but I am not sure where we stand now? Also, understand the onus of proof is on the dealer to prove the fault wasn’t there at purchase but in practice is there an argument that the fault was there even if the engine light wasn’t on at time of purchase (although not convinced wasn’t recently reset by dealer!).

  96. Stuart Masson

    Hi Tim. If you are rejecting the vehicle outside the first 30 days, the dealer is entitled to deduct an amount for usage/wear and tear. There is no legal directive as to how much this is, so it is completely negotiable.

    Make sure you have written reports/diagnosis from the third-party garage of the nature of the faults to back up your case if there is any dispute. You may want to seek legal assistance if the dealer is trying to deduct an unreasonable amount from the refund amount.

  97. Hi Stuart

    1 month ago i have bought a Vauxhall Corsa 2012 from Stoneacre.
    I used the car for 1.5 week and i have noticed some faults that i didnt on the test drive as it took 10-15 mins, for the past two weeks the car is a the service at the dealer and i have a feeling i keep getting told lies. every time i ring (as i never get a call of them even tho they promise to ring me) i get told that it will take another couple of days… and each time i ring there is a new problem with the car, so im not happy about that as I will be taking the car for a euro trip this christmas and I dont think i would trust this car now… They cant provide me with a courtesy car as i dont have my licence long enough.So basiclly i’m paying for something that i dont have….
    Can i return the car to them ? (Hire purchase)

    Thanks

  98. Hi,
    Here is an interesting one. I bought a car from a dealer for £14,500. When I got home I discovered the spare wheel was missing and the spare wheel carrier had been cut.

    I spoke to last owner and they confirmed this happened two years ago and was never sorted.

    The dealer is being really bad about it so I’m thinking small claims court but am I right in thinking as the spare wheel was a basic part of the car and the carrier a part of the body they are liable for this as they didn’t tell me?

  99. Hi Stuart

    My partner bought a car from a garage about 6 months ago. The car came with a private registration plate as did the V5 document. Whilst out driving he was followed and then approached by the “owner” of this private plate… where does he stand with this? Who’s responsibility is it and who owns the plate?

    Thanks
    L

  100. Hi Stuart
    We bought a 2015 used car on the 16th November. The following day we did a trip of roughly 40 miles and found a problem with the heating in the car. Although the heater worked fine in the foot well, along the passenger door side of the car was freezing cold. The cold also seemed to be coming up through the seat and resulted in an icy back and leg. Also after around 20 miles the car developed a vibration/buzzing on the dashboard that persisted the whole journey. We rang the dealership and then took the car in for them to look at on Tuesday 22nd. They rang later that day and said they could find nothing wrong with it. Can you advice as to if we have any Consumer Rights please.

    Thanks
    Sue

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