8 December 2017 at 2:23 am #124933
I bought my car on finance in April this year, within the first day of ownership I noticed a loud knocking noise coming from the front of the car, (Mitsubishi Evo X) and also a grinding noise coming from the gearbox, I reported this to the dealer who then had his mechanics look over the car, they did confirm that there was a noise coming from the front end of the car (they never mentioned the gearbox) but they did not know what was making the noise, they said if I could find out what was making the noise they would get it fixed.
I took the car to the Mitsubishi dealership who again confirmed that there was a noise coming from the front end of the car and also noise coming from the gearbox. Both, they said, would require the car to be stripped down to pinpoint the problem, although the gearbox could not be stripped and would need a replacement.
The dealer who I bought the car from then said that as Mitsubishi can’t find the problem they still could not repair it, I took it to two other independent garages to see if they could diagnose the problem, both said that they could hear a loud knocking noise front end and gearbox noise, but unless the car was stripped down could not diagnose. I have paid for these independent examinations and am not prepared to pay for the car to be stripped down to find the fault.
After I told the dealer this, their response was it is no longer our problem, take it up with the finance company. I did take it up with the finance company, who told me they would send an independent inspector, they never did, they then told me to take it to the ombudsman which I have also done. My question is as I identified this problem in the first week of accepting the car, do I now have the right to reject it for a full refund. I do not feel that the vehicle is safe to drive and will only do very short journeys in it when necessary. Thank you in advance for any advice you can give me.
18 December 2017 at 9:40 am #125406
Hi Kevin. It doesn’t matter when you identified the fault, the date that matters is when you formally inform the dealership/finance company that you want to reject the car.
You are now outside the six-month provision set out in the Consumer Rights Act. That doesn’t mean you can’t reject the car, but it does make it harder to do so (effectively, the Act works in your favour for the first six months and the dealer’s favour after that).
To show that the vehicle was faulty from the date of purchase after the first six months have passed, you will probably need to engage professional legal assistance.