14 January 2019 at 8:08 pm #150445
I bought a used car from a dealer; the car is 8 years old. The day after buying it, the engine management light came on so I notified the dealer and also got my local garage to find out what the fault codes are.
It came up with a number of fault codes both current and stored and I took a picture of this and sent it to the dealer. As the engine management light comes and goes, I also took a video showing it when it was on along with the reg number and sent this on too.
Since then, I’ve stopped using the vehicle and have expressed in writing that I want to reject the vehicle and get a full refund as it wasn’t sold to me with these faults (which must have been there at point of sale as the engine management light came on the very next day).
The dealer has said the picture of faults isn’t sufficient evidence and that a full mechanical and/or diagnostic report is needed. He wants me to bring the car in so his guy can inspect it.
My question is twofold 1) does a full mechanical and/or diagnostic need to be done in order for me to get my refund as per my rights? and 2) I’ve argued I want the report to be carried out by someone independent and whoever should lose out in this dispute should bear the cost of having this done. I think this is reasonable as his own mechanic could easily report no faults and I lose my right to reject automatically.
He has refused to bear the cost whatever the outcome and has only offered to have his mechanic look into it. This somewhat puts us at an impasse. By law is what I am asking acceptable? How can we progress while keeping my rights intact.
I should add that we are still within the 30 day period even now.
Thanks for your help
21 January 2019 at 9:41 am #150995
Hi Oliver. Within the first 30 days, it is your responsibility to prove that the car was faulty when you purchased it.
The dealership is not obliged to accept your claim, and is entitled to conduct its own inspection (for all they know, you could be lying to try and get a refund on a car you no longer want).
If the dealer does not agree that the car is faulty, it is then up to you to take action via the Motor Ombudsman (if the dealer is signed up to the scheme, which it’s probably not) or legal proceedings.
For more information, have a read of our article about rejecting a faulty car.
8 August 2019 at 7:01 pm #173702
I purchased a used car from a dealer 5 days ago. Within 24 hours the engine management light appeared. The AA attended and confirmed the fault diagnostically but also brought up the diagnostic history which showed a fault had been cleared off the system approx 4 miles from the delivery address. The dealers premises are 50 miles from the delivery point so clearly they were aware of a fault and delivered it despite the verbal and advertisement claims that it was fault free. We have formally rejected the car but the dealer is suggesting mediation . We have driven it purely back from the delivery point to our hone21 miles and a further 2,2 miles when the fault appeared. All the advice I have been given from CAB , aa legal services and our legal insurance is that it is clearly deceptive and a clear right to refund. The forum has now worried me as he is being very evasive.
10 August 2019 at 8:27 am #173798
I brought a car less then 30 days ago and now it’s blown up what are my rights ? As the car yard dealer won’t helo
14 August 2019 at 12:07 am #174391