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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

Of all the issues we discuss here at The Car Expert, the topic that generates the largest number of questions is rejecting a car that is faulty or is not as advertised.

Based on the hundreds of questions we’ve received, we have written this comprehensive article to provide direct answers to your questions and explain the processes as clearly as possible.

In this article, we cover the following areas for rejecting a car:


The Consumer Rights Act

In October 2015, the Consumer Rights Act 2015 replaced the old Sale of Goods Act for consumer retail sales in the UK.

The Act does cover new and used cars bought from a trader for consumer (private) use. A trader can be 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.

There are clearly-defined rights for rejcting a car under the 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 than the old Sale of Goods Act. 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 customer rejecting a car 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 three 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
  • Your final right to reject after the first six months

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 after six months

You are legally entitled to pursue a rejection after the first six months, but the law swings from being in your favour to being in the dealer’s favour.

The onus on you is now to prove that the fault was present when you bought the car, and that is difficult when you have had the car for a reasonable length of time and probably covered thousands of miles in that period.

In practice, this is difficult unless you have some solid proof that the fault was there at time of purchase – which is not easy. Trying to prove that a fault was present at time of purchase rather than occurring the day afterwards is very difficult when you’re several months down the line.

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 probably also need to get written reports from another garage to back up your claim.

When you are rejecting a 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 Massonhttps://www.thecarexpert.co.uk/
Stuart is the Editorial Director of our suite of sites: The Car Expert, The Van Expert and The Truck Expert. Originally from Australia, Stuart has had a passion for cars and the automotive 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.

1426 COMMENTS

  1. I bought an Audi A3 from available car in January 2019, along with other cosmetic touch up it had a ‘smart repair’ carried out on the n/s/r arch, in the time of owning it the car has subsequently been back to available car and had that same arch stripped and repainted 4 times as paint comes away within a few months! The paint has now started to come away again with the arch starting to rust even tho it has ‘special rust’ treatment the last time it was stripped and painted and I’m at the point now where available car can’t be trusted to fix the issue adequately! Do I have any rights to a refund on the car as I feel they’ve depreciated the value of it with the poor cosmetic paint jobs?

  2. i recently bought a demo shogun. i paid my 1000 pound deposit over the phone. i then visited the dealership and paid the deposit i agreed and signed the finance plan that i agreed over the phone. i was stupid because i was told they can not budge on the price because its brand new with only 14 miles on it. so i paid the agreed final deposit and financed the rest though their financier. i had purchased the car with no test drive and no oppurtunity to inspect it. after taking owner ship of the vehicle i checked current values which were far below the asking price. i visited my brother this weekend showed him the engine and he asked why is their rust on certain bits. the vehicle is reg 21 but was manufactured 2019. ive paid top price for a new shogun that is 2 years old. the paper work that was given to me had 14 miles on it but when i first got in the vehicle it had 41 miles. also their is a advert still online saying it has 15 miles. where do i stand on returning it ive had it 6 days

  3. Hi I bought a car on 31st July 2020 from an independent garage, and it broke down last week. I had it recovered by the AA, and taken to Land Rover who have informed me that the engine has seized and will need replacing at a cost of approximately £15000 and may need both turbos replacing and also a new starter motor. I have finance in the car and have contacted them to raise a complaint, Land Rover have said they will contribute 60 per cent towards the cost of the new engine as it has full service history. The car is 2015 it had 58500 miles at last service at main dealers and 58800 when I bought it. I have been shielding since November 2020 so car has had very little use since then, the finance company are saying that I have to supply an independent report to say whether the fault was present when I bought the car or was signing first six months. Or just happened now. Land Rover have said there are filings in the oil filter and engine will not crank either direction by hand. What are my rights

    • Hi. I bought a brand new 70 plate Juke in September. On January 4th when the cold weather started I noticed the windscreen and front windows soaking wet on quite a few occasions and the engine warning lights coming on. Took it back to the dealer. They had it for 2 Weeks and they said it was a faulty wire and they could find no seal broken so I must have left the window open or had something wet in car to cause the severe condensation! I knew I didn’t!! Anyway, a week later lights start flashing on again, still all wet inside on windows, and on one occasion the car suddenly braked on its own in the middle of nowhere and nothing was nearby. Thank god as that could have been fatal!! I rang the garage again. They had my car back! 6 and a half weeks later I had it returned!! Again, they said faulty wire! They discovered that the seal had gone in 2 places which was causing the damp!!! It got given back to me smelling disgusting!!! I have rung Nissan every day since January dating I want a replacement car. I have absolutely no looks or faith in this car! It was in the garage nearly the same amount of time I had it!! I email Nissan too! Nobody gets back to you. They just say it will be passed to a case handler!! Absolutely shocking!! I need someone to act.

  4. Hi Stuart my partner borght a 2014 ford kuga around the 18th december 2020 from a dealer through finance 24/7 with 1years warranty and 2days later ones she got to drive it she noticed a knocking noise from the back and the powershift gearbox sometimes didn’t know what gear to acually stay in so we called the warranty they said to book it into ford so a week later it went into ford and they said theres definitely something wrong but they said they can’t do nothing until they see service history because the warranty place wants to see it and said it doesn’t look like the gearbox has ever been serviced witch should be done every 36k miles or every 3years and the car has done 72k miles..

    ((unfortunately my partner didn’t check the service history when buying it as they said this car has been very well looked after as they know the previous owner and its only just been serviced also)).

    So we spoke to the dealership we got the car from they said to bring it back to them to be fixed so it was booked in on the 19th of January but just before that we started to notice a tappidy noise from the engine when accelerating but all the levels were all ok and still to this day we havent had the car back they serviced the powershift gearbox and said thats fixed but the knocking and the rattling they cant find the problem yet and with warranty not wanting to fix the car when she took it to ford because she didn’t get any previous service history it looks like there not going to fix anything on the car for the 1 years warranty that the dealership give us unless we take the car back to the dealership everytime something goes wrong witch is just over an hour away…

    They have given us a ford fiesta curtesy car witch is not practical for us at all as its manual and she only has a automatic license so i have to drive her around and its to small for what we need it for and now shes wanting to try and get a refund because its been nearly 3months now they have had the car and they still dont know the knocking problem, everytime we call for a update they say they replaced some parts but its still there and they havent even looked into the rattling noise that comes from the front and they said thats possibly something behind the dashboard rattling so ones they have fixed the knocking on the back end they will remove the dash but i know 95% the rattling is coming from the engine like its being starved from oil..

    What do you think her chances are to get a full refund as shes not happy paying for a car she hasn’t been able to use for so long and shes starting to worry the car is going to have ongoing problems mainly with the powershift gearbox if it hasn’t had its service in the past on time then the damage would of already been done and significantly shortened its lifespan and its a minimum of £5000 to replace.

    Thanks for reading and look forward to you reply Stuart :)

  5. We bought Toyota Yaris from a Toyota agent locally 30th July 2020 for our wedding anniversary. We were asked to sign a contract that we will buy the car before we saw the car as it was coming from another agent has to be brought to Essex . We were shown a similar model. we were told unless the car has major dents or scratches . we paid the deposit and transferred the whole (9500)money a few days later. When we went to collect car there were minor scratches but the car smelt bad of Dog . We were told that will disappear soon. and if its still there in 3 weeks they would make it right . The smell dint go so we rang the cleaned it at their garage. Then the car was hardly used because of the locked down. But the smell continued. I got a private garage to clean at my cost after few days the horrible smell returned . I tried various means like placing vinegar, sodium bi cab ect. I the mean time the agent did a MOT, i complained , then agin the air bag replace last week, I complained nothing was done about the horrible smell. Now we stuck with a car with a horrible smaill . We haven’t used the car max 1000 miles. My wife is an asthmatic and start coughing . I m sure it will be difficult to sell as well.

    Please advice
    .

  6. I bought a car from the Car Shop on a hP agreement in March 2019. My warranty ran out in March 2020. My car has never displayed any kind of warning light, and it broke down in August 2020. Its still off road awaiting a new engine, that I am struggling to find and replace, repair, and maintain payments. Ive been to the consumer, the finance company, and the Ombudsman to no avail, what to do? Id like to give back the car as I feel it was faulty, but how to prove that now as it worked wonderfully up until the breakdown, apart from no warning lights…shall I reject it? please advise? Car is a Mini Countryman Cooper SD 15 plate

  7. Hi Stuart,
    I bought a car last August, it said on the advertisement it was an Audi A7 3.0 TDI V6 S Line Sportback S Tronic Quattro, to cut a long story short, last week I went out in it in the snow. Now I thought it would be great as being a Quattro they are supposed to be good on snow. Any way I had a minor accident on the snow and the car needed to be recovered and taken to a garage.
    Once at the garage the owner asked me if it was a Quattro, I replied yes as it stated that on the log book and on the advertisement. Well, once he had it up on the ramps he told me that no way was that a Quattro.
    I called up the garage where I bought it from and they also checked and found out the it wasn’t a Quattro.Now we chatted and they are looking into finding me a Quattro but also said that it might be an older one or a more expensive one which I would have to cover if I wanted one.
    What are my rights on this? The car is under finance also.
    thanks

  8. Hi, I bought a 2011 Transit 4×4 on 09 January 2021, I paid a £150 deposit due to covid and went to view the van, when I drove it in the yard it was making a drive shaft knocking noise, I pointed this out and the dealer showed me a small note at the bottom of the advert that I hadn’t seen saying drive shafts need replacing and he said they cost £90 each. I still wanted the van and figured the cost out weighed me losing my deposit. I asked if the van was safe to drive and he said yes but not too far, so I bought the van and drove it carefully to my work place with some worrying noises, with work commitments I wasn’t able to inspect the van for 3 weeks, when my colleague, a mechanic started work on it he found both drive shafts were broken in 2 with the stub still in the front transfer box, he removed them and refitted the van showing the gearbox was ok, he then told me there was no external force that could have caused this and it was most likely that the transfer box was seized.
    I spoke to the dealer by phone on the 30 January and he told me that he couldn’t do anything as the 21 day period had expired and that I knew there was a fault with the drive shafts and I should have got it inspected. There was no mention at the time of sale that I had 21 days to raise any queries.
    Could you please advise me what my rights are and if this 21 day period applies.

  9. To keep a long story short I tried to reject my vehicle with fords and my finance company over the 6 months from the ownership date. Within that time there was a 3 month lockdown where the dealership was not open to carry out any repair works. Surely those 3 months cant be taken into consideration if I physically cant get the car looked at by fords?
    Finance company have taken the view point of “its over 6 months so tough”.
    Just for information fault was declared in writing the day after purchase…. one year down the line the car is back with fords at the finance companies request. Finance company wanted me to have an independent inspection carried out at my cost to prove the fault was there at the time of purchase which is pointless as fords have carried major works to rectify the fault along with changing the gearbox. Fault still exists albeit not as bad as day one.
    I have all my correspondence between all parties with a clear timeline of events… surely I have a case?

    • Hi James. The key will be exactly when you formally rejected the car under the terms of the Consumer Rights Act, regardless of the pandemic’s effect on whether the workship was open to inspect the vehicle. If you reject the car within the first six months, it doesn’t matter how long it takes the dealership to get the car in for an inspection – the clock stops as soon as you make your formal rejection.
      You said that “I tried to reject my vehicle with fords and my finance company over the 6 months from the ownership date”. If you mean that you did not formally reject the vehicle until after the six-month point, the onus is now on you to prove that the fault was there when you bought the car. It doesn’t matter whether or not you had been discussing the problem with the dealership previously; the terms of the Consumer Right Act are set out in law and if they are not followed, the finance company and/or dealership are unlikely to be sympathetic.

  10. Hi.

    I bought my Mazda CX-5 four months ago from a Mazda dealer in Coventry because only there was this beautiful red color available at the moment.
    I live in Milton Keynes and I have reported the problem with the water ingress to my local Mazda dealer under warranty.

    The car was not repaired correctly, neither the first time nor the second time. From 6 weeks the car is again with the same unsolved problem at a Mazda dealer in Milton Keynes.

    I will want to return this car. If Mazda already had several chances to repair the car (one is required), do I have to give another chance to repair the car to the Mazda dealer in Coventry or have I fulfilled my obligation?

    Car is 4 months old and defect is from the beginning.

    Kind regards,

    • Hi Adrian. As you are outside the initial 30-day period, the dealership (and/or finance company, if the car is financed) is entitled to one chance to repair the vehicle. The dealer does not have to take any consideration of whatever has happened before you formally reject the vehicle.

  11. Hi, I was hoping you could help me with a very unique issue.

    My partner and I have had a leased Jaguar car for nearly three years now, we have recently moved home and last Friday our car rolled off the drive without an explanation. The electric handbrake was on and as it’s on a partial steep drive, we also leave in gear (1st gear to be precise). It was to our luck that we had video evidence of this happening and currently undergoing an investigation by both our finance company and JLR.

    The car was taken in and assessed and they couldn’t find a fault on this, so they mentioned that due to this it cannot be covered by the warranty to 1. get a courtesy car again as we do not feel safe or comfortable driving the car, given that at any point this situation could happen again. Also they mentioned that as they couldn’t find a fault, it could be due to the fact that it had snowed that day (even though our drive had been cleared of snow where it was parked) we are concerned that as they cannot find a mechanical or technical fault, that they will refuse the case or to provide us with another vehicle in the meantime until we have had a resolution from the finance company themselves. We don’t want to keep paying for a car that is not suitable for purpose as it could take a lot longer than we are expecting it to be resolved in.

    We have also had incredibly poor customer service from the local JLR retailer and the hire vehicle they provided us had a slow punctured tyre, for which they tried to charge us an excess for.

  12. Hi I took out a PCP finance in November last year with Mercedes. Since getting the car I have problem after problem. 3months after getting the car I had warning signs both on the car system and when driving the car that there was a fault, I contact the dealership which they found quite a big oil leak in the engine as to which they had my car for a week to deal with this problem. I then about 2months after got my next problem which was a notification to say there was a ‘malfunction with the right airbag and to contact the workshop’ which I did. They had my car for a day, told me the problem was fixed for again that same evening I got my car back the same notification popped up again. They took my car in again, ‘repaired’ the problem again a few days later the notification came on again as to which I then made a complaint and took it too a different dealership. That repair was then made by a different dealership and hadn’t been on since. Around 4months after this I then started getting a buzzing noise in the over head service panel which was getting louder and louder by the day. I made them aware of this when booking my car in for its annual service which they looked at & they ordered a new panel part to replace this (which I am aware they are still waiting for the delivery of this). I picked my car up the evening after the service & the next day my engine management light came on & was again making signs like the engine cutting out & the car not picking up speed when pulling again for me to have to pull over & restart the engine. I called the dealership in which they advised me to take the car into then as soon as possible which I did that same day. They had my car for 2 days while they investigated for them to call me and say ‘they couldn’t find anything and I’m ok to pick the car up’

    I’m at the point now where I have go through the customer service complaints team, the deal shop itself & now turned to the finance team to tell them I am very frustrated & dissatisfied with the the car. I have told them I either want to come out of my agreement or a replacement car.
    I’m looking at advice of where I stand with this as at the minute they can’t give me any answers as to where I stand with these options & are forever ‘raising is as a complaints case’ to stall the situation which is making me more and more frustrated.

  13. my mum bought a new car in June paid cash(her savings) in October the car stopped dead in the Road no warning or anything it just stopped and shut off,luckily it was a quiet road and she and my gran parents were OK so the dealership sent out a vw mechanic who reset the electrical problem saying it was a fault but they were waiting for a new update. she then contacted vw who phoned her and said I quote” it is a electrical fault,we are waiting for a.new update for it it may never do this again but if it dose put your hazard warning lights on” end quote i mean wtf how is that helpfull. any way mum has barely been out I it since she has lost all confidence in driving it and dose not feel safe in it, no one will do anything to help her she is considering trading it in for a different car but she will be losing just shy of 13,000 doing thIs which I think is so wrong, I think the dealership should give a full refund or new car of same value to her she should not be the one loosing out. can you give me any advice.

    • My car has done exactly the same. I bought it brand new in March 2020. It went into limp mode twice so I returned it to the garage who told me the system was updated and should resolve the problem. It did it again this week so was again returned to the garage, another system update done and told again that should solve the problem. I don’t want to drive it anymore as I feel it’s dangerous. Would like to know how you are getting on and if the problem with the car has been resolved?

  14. Hi my sister bought a car that has stopped working. A local garage thinks it’s the gear box and will basically cost the same price as the car to fix. The place my sister bought the car from had a 3 month warranty but it is now coming up to 5 month after purchase. When I contact the garage should I ask about repairs or not as its out of warranty or just say I want to use my right to reject and give back the car? Also as the car has basically stopped working what percentage of the original price would you expect to get back from the garage? Thanks for any help

  15. Hi i bought a used bmw from a dealer in August the car had 3 months warrant i had the car for 5 months and now it developed a mechanical fault. the engine have lost power by 50% and the dashboard displaying drivetrain malfunction. should i take the car to bmw for a full diagnostic . who should i contact the dealer or the finance company as they are two different companies. and will i be able to reject the car. thanks

  16. Hi Stuart. We bought a second hand Citroen Berlingo van from a dealer 6 weeks ago. He told us the turbo had been changed. The van has developed issues and our local garage says the turbo is in such a bad state its not roadworthy. The original dealer is refusing to accept any responsibility and offering a good will payment of £100. Our garage are quoting £580. Should I just suck it up and accept the £100 or is it worth trying to do something through trading standards. My son didn’t pay for warranty when he bought the van.

  17. Hi Stuart
    I bought the brand new Audi A3 S Line in March from Lincoln Audi which was delivered to me on August 4th. The car had a scratch on the drivers door which needed repairing. Audi did this for me but I felt I had to haggle with them.

    3 weeks later the airbag fault light came on. I booked it in to Truro Audi but had to wait 3 weeks to get it in as there were no slots available. They looked for a fault but couldn’t find it. I had to return the next week and leave it there for a week. They have given me a courtesy car for the time being. That was October 5th. They found that a seam seal was damaged during production and was letting water in which had severely damaged electrical components. It took 3 weeks for them to repair this and then they realised that a control unit had gone down, it took a further 3 weeks for this to arrive and when they fitted that they realised that a faulty sensor was causing an issue. They fitted that on the 19th Nov and the car still doesn’t work. I had a call off them on Friday and they said they were going to do some loom wiring to see if this fixes it but not heard back since.

    I have been in comms with the dealership I bought it from and have told them that I want to reject the car and for them to supply me with a brand new replacement, also a mobex car while I wait. They told me I have to wait until I get the car back and see if I am happy with it. They are not very helpful and I have to chase them up all the time.

    Can you tell me where I stand as I feel they should be rejecting it for me, they clearly can’t fix it and if they eventually do I doubt very much I want this car.

    Many thanks

    Terry

  18. Hello Stuart, I bought a 2019 Seat Arona in December 2019 on PCP finance, pretty early on I noticed the front passenger window would go down instead of up sometimes when you pushed the button but I didn’t report it because I believed it was a minor issue. Around the end of September 2020, I noticed a grinding and rattling sound from the right and left rear wheels. I initially believed it would be a broken spring so I took it to the dealership hoping it would get resolved pretty quickly. A week after dropping the car off, the dealership contacted me to say it was possibly a gearbox issue, I was relieved by that as this would be covered under the warranty and would be getting my car back soon. A couple days after, I contacted them for an update and was told the clutch pack needed to be replaced as well, after having my car for two weeks the dealership finally gave me a courtesy car which I am currently using. I stopped by the shop to check if there was an update and was told the service team were struggling to pinpoint the fault, they were replacing parts in the vehicle to see if that would solve the problem. They’ve had my car for over a month now, I have recently received a text from the dealership saying they have contacted the manufacturer for advice on what to do which means to me they can’t figure out what’s wrong. All the while I’m still making monthly payments. I’m hoping you can help me out because I’m not sure what to do about this situation. I’m not keen on rejecting the car, I would happily accept a different or more recent model from the dealership.

  19. Hello,
    My Dad had purchased an Approved Used Renault outright with extended warranty (which turned out to be dealer only not Renault as asked).
    He has had 4 issues with the car within the first 6 months of ownership, the Stop Start not working, Entertainment system failure (Includes HVAC controls), and interior lighting flicking on and off.
    He had the repairs done which took quite a while to get resolved but he made them aware he was moving to Scotland, where the nearest Dealer Branch is 200miles away.

    These issues have now come back again within 6 months of the Renault Warranty repair which has now expired, which is when he discovered his extended warranty was actually with the dealer group only.

    My question is would the Failed Renault Warranty repair fall under the original warranty as the original fault was not fixed, even though it has expired?

  20. Hello
    I buy car on finance 7 days ago,its looks suspiciuos on drive so i done health check and this what i found
    1 front tyres on around 2mm and perishing
    Osr tyre on around 3mm
    Nsr tyre around 3mm
    Play in track rod end osf
    Front and rear pads wearing on inne pad
    both front lover rear bushes heavily split
    Slight oil leak from poss crank oil
    Eal/upper sump cant be sure
    Both rear axle bushes split and perishing

    My question is this is enough to return car back,
    To fix all that its around 1000
    Stright forward

  21. Hi
    I bought a car and have had several issues. The car has been back for repair under the traders own warranty. One issue hasn’t been fixed as they can’t find what is causing it, and I don’t doubt that, however the other issue was fixed using a second hand part that I don’t have any history of. We don’t know the age, condition and milage of the part used. Is this acceptable for them to carry out repairs with used parts?
    Any help appreciated.

  22. Hi Stuart

    I brought a new Nissan navara from a main dealer (Derby branch of Bristol Street Motors Nissan) last November (22/11/19)
    Late January, early February this year the vehicle started to lose power and become sluggish. Just thought it was due to extra weight being carried etc so continued to drive the vehicle until the engine management light and then subsequently dpf light came on. The vehicle went in to the Ilkeston branch of Bristol Street Nissan for investigations on 20th February, just as covid 19 had appeared, so the usual wait for repairs etc was exacerbated by delays in shipping parts etc. The vehicle was returned to me having been ‘repaired’ 19th March only to have the fault reoccur less then a week later.

    I was obviously none too pleased by all of this and the subsequent failure of the original ‘fix’ after less then 6 months of ownership and had requested a rejection and full refund only to have this denied.

    I had lost faith in Bristol Street and their staff, expertise and dealerships were some 20/25 miles away so requested it be sent to a more local Sandicliffe Nissan dealership. The lock down occurred as the vehicle was to be checked by them late March so I was subsequently left with out a means to continue with my work (plumber) for a number of weeks as all they could offer (enterprise car rental) was a qashqai. Eventually they got me into a citroen van (20/5/20) but not adequate as I had previously had a like for like courtesy vehicle all be it a Ford ranger (wish I’d brought one of those in the first place)
    .

    Sandicliffe eventually ‘fixed’ the vehicle and my rejection of the vehicle was again rejected by Nissan as they had fixed the vehicle. I felt I had no rights to continue with the rejection and was quite frankly exhausted and sick of the whole situation. I could not afford to continue to fight against them.

    I had only covered 4500 miles in my vehicle in nearly 8 months of ownership (I normally do 20000+ miles a year)

    So three months and almost 6500 miles later the engine management light and dpf light have reappeared and my vehicle is back at Sandicliffe Nissan.

    I feel that I have every right to pursue a full rejection and refund on the 6 month of ownership basis, based on the original fault being when the vehicle had been in my ownership for less then six months..
    The Sandicliffe service manager agrees with me and has said as much both times and was shocked to hear I still had the vehicle this second time round

    Ed Manley

  23. Hi Stuart,

    I know this is a very late comment to the article. But would really appreciate any advice you might have.

    I bought a 2008 Honda CR-V 2Ltr Petrol from a registered used car dealership.

    When driving the vehicle home, I felt the steering felt odd. It was something I didn’t pickup on the test drive, instead became more noticeable on the drive home which was much longer and on a motorway.
    I called the dealership the very next morning to explain the trouble I was having (also explaining that it may have been the fact I was just not used to the handling of a 4×4 having never driven one previously), and to their credit, they very reasonably asked me to take the vehicle to a local garage of my choice and have the car inspected. Should the vehicle come back requiring repairs, they would cover the cost (depending on the issue and cost).
    Due to Covid, we could not get the vehicle in for inspection until a week later, so we decided to also book in for a full service.

    The evening before the service/check over, the car would not start, requiring us to call out a recovery company, who came out and just needed to charge the battery as it was too low on charge to start the vehicle.

    Having the local garage inspect the vehicle, they gave us a written report stating:
    – Alternator weak under load (the alternator is charging at a rate lower than what is being used with lights, wipers, heating etc. running)
    – Nearside rear stabiliser link poor
    – Exhause bracket broken
    – Play in steering inner tie rod ball joints (cause of steering issue reported to dealership)
    – Both front stabiliser link boots split
    – Both front lower ball joint gaiters split
    – Offside front track rod end ball joint gaiter split

    The garage explained to us that if they were to MOT the vehicle that day, it would not pass and would not be road legal (which is what you would expect when buying from a dealer). The mechanic also explained it was strange that the MOT prior to the latest included the steering problem), but the latest (in June) no longer had the issue but the issue was still present.

    I called and explained this to the car dealer who has agreed to take the car back, making necessary checks themselves. However they did explain they believe the issues listed are simply wear and tear so unlikely to be fixed under warranty. I disputed this as we were not told about any of the issues when buying the vehicle and I do not feel they’re items I could reasonably check myself when inspecting the vehicle prior to purchase.

    I said, if these items were presented as faulty prior to buying the vehicle I would not have agreed to the purchase and simply walked away, however they were unknown to me and not disclosed (they stated they were not aware of any issues (which I actually have no reason to disbelieve)). Therefore, if they cannot be repaired then I would prefer to reject the vehicle and receive a refund. They explained I could not reject the vehicle as the issues reported would not warrant it.

    I feel that the alternator alone is a significant enough fault as the car cannot be used during poor conditions as the use of the lights and wipers alone will cause too much battery drain and risk the car not being able to start again.

    I have owned the vehicle now for 14 days and therefore well within the 30 day limit.
    I do not have written proof that he didn’t tell me about any faults (this is because he agrees he didn’t believe it had any other than explaining the previous MOT had no advisories).

    I feel with this knowledge it would not be fair to accept a wear and tear on the vehicle given I have been told it is NOT road legal and risks not starting after driving using the lights/wipers etc.

    The dealer does not have a website, nor do they publish an email so conversations regarding the issues have not been in writing. I do however have the breakdown report the sales report/receipt and garage report from the inspection.

    I would really appreciate any help or advice you might have on this, whether it be I have a good ground to reject the vehicle should they not make the necessary repairs or if there is other information I should likely gather prior to this?.

    Thank you in advance.

  24. Hi Stuart

    I purchased a car on 23rd December 2019 at Renault West London on finance. On February 22nd 2020 the car battery was flat that morning. A new battery was replaced by AA. This problem happened again on the 27th February and the battery was replaced again. On the 2 March the issue happened again the car was jump started and I took to the dealership. Which it was in repair. The dealership found no fault and the car was returned to me on the 17th March. The fault happened again on 13th May the car was towed to West London Dealership and has been there till October 21st 2020. Renault declined my right to reject. The fault was repaired and Renault confirmed a software update was installed. The fault was a switch which was draining the battery. The fault happened again on Nov 12th 2020. This has been a nightmare,do I have the right to reject the vehicle and come out of the contract and get a refund on my deposit and payments I have made. As it has been more than once. The car is causing a lot stress and isn’t fit for its purpose. They had 2 attempts to fix the car and the fault is still there. Do I have the right to reject.

    • Hi ALex. No, you don’t need a solicitor to go to small claims court. However, bear in mind that the defendant may very well have a solicitor. If you are taking a dealer to court, there are specialist law firms that represent the motor industry and they’re usually pretty good.

  25. I bought a Mercedes A180d from a dealer advertising it as coming with a full service history, 12 MOT and a full service. When I went to collect the car I did get it with a new 12 MOT on the day but was told I would receive the service history direct from Mercedes as the new owner. I was not given a green slip initially and told I would receive the new V5 through the post. They told me their insurance covered me to drive the vehicle on that day and I only need to get road tax when I received the new V5. After I got home from purchasing the vehicle I checked the government website and it stated that you should not drive a vehicle without road tax. I contact the dealer and he still insisted that I was able to drive the vehicle without Road Tax until I received the new V5 but if I wanted to tax I could do so myself at the Post Office by filling in a V62. I did make the application and was able to tax the vehicle. I had stopped using the vehicle until I got it taxed a day after purchasing it, I had driven it from Birmingham to Milton Keynes without any issues and decided to start using it as I had valid insurance and round tax for it. After 5 minutes use the car lost power and started overheating. AA breakdown service diagnosed it as a faulty air intake sensor. I advised the dealer who said I needed to return the vehicle to a garage in Birmingham for it to be fixed. The car is not drivable and I have to pay for the recovery costs to get it to the garage. My question is because the fault only developed a day after purchasing the vehicle, is this a clear case for rejecting the car, if so what happens to my application for the new V5.

  26. Hello, i recently purchased a van from a dealer in scotland to convert into a camper, a ford transit 2016, 79000miles i paid in full and on the way home a service fault light came on and an engine noise became apparent, the next day i had the van checked over at a local garage and other faults appeared when plugged into a ecu reader and he advised not to drive the vehicle, all events were recorded by photo/video and sent to the dealer, in the previous 2 weeks i sent 2 emails and 2 recorded letters informing the dealer of the repair cost and his liability under the consumer rights act 2015, 30 day short term right to reject i believe i am entitled to a full refund which i know he will refuse to do as i have asked and he did say to get the vehicle fixed and i asked him to put in writing that he accepts the repair cost and he will pay the bill, 6 days and no reply.
    If i insist on a refund and he refuses what can i do to get my money back?
    If i get the vehicle checked and repaired by a ford dealer at my expense can i claim my money back?
    Thanks in advance
    andrew

  27. Hi, I bought a Audi privately in February 2020 that was still under manufacturers warranty. The car keeps failing on me and I’ve had Audi Assist out around 8 times since then with the car continually going in for repair work. The car is repaired and the same fault happens again roughly 4 – 8 weeks again. I have asked Audi to give me an extended warranty as a good will gesture as there is no assurance that the fault is actually fixed and if they don’t I will be stuck with footing the bill. It seems they cannot fix the problem and I wanted to ask if the problem continues to persist then where do I go from there? It is also not ethical for me to sell this car knowing it has a problem.

  28. Hi Stuart, a few months ago I bought a new seat Leon and at the time of purchase the online configuration tool and price list brochure stated the car had auto high beam and assist. Having went to use the feature today it seems that the car does not have it and the latest brochures show this as an optional extra for the same model. I feel like I have been seriously mis-sold. What can I do?

  29. I brought my car at the end of May this year, brand new. About 2-3 weeks in, the main screen / GPS and radio all shut off and restarted, it then did it on any longer journey. The garage could not take the car in for over a month and graciously accepted this at the time. I got the car back and a month or so later on the first longer journey, again it started. The garage were informed and I agreed to try a fault logging process. I did this and the garage had the car for 3 1/2 weeks replacing 3 wiring looms. Last week the fault happened again. (I have provided video evidence each time by using my dash cam to record the events as driving) I have spoken to the garage as I no longer have any faith in the car ever being fixed, or their ability to fix it. I have mentioned rejecting the car and they have told me they would charge a lot for taking the car back for use. I advised I allowed them to try and fix, and the fact they drove the car for over 300 miles whilst it was in the garage the first time and the they had it for 4 weeks of the time.
    Where do I stand? does this constitute the 30 day rule or 6 months and can they charge me for this use?

  30. Hi Stuart,

    I’m not sure if you will see this – I got a car used from a dealership 12th of October and have had issues since. The most worrying being the car losing all of its power when going 60 – thank fully a layby was near and the people behind me were keeping eyes on the road to see my far go from 60 to 20 in about 10 seconds maybe a little more etc.

    The issue i am having is that the dealership are saying nothing is wrong with it, they cant see any faults on the diagnostic etc but i just don’t feel safe in a car that lost all of its speed and power like that.

    They are being very difficult about it all and I am a little stuck with what to say. I haven’t had the car a whole month. I would just like a refund to be honest.

  31. Hi Stuart,

    I bought a car on 04/08 and have since been in a dispute with the dealer on rejecting the car due to an intermittent engine malfunction light fault and low power mode that deems the car not fit for purpose. I am very close to making a money claim due to the fact the dealer is being very unreasonable with his response. However I thought your advice may be useful first.

    I provided the dealer with a garage report detailing the fault diagnosed using OBD when I was able to take the car to be checked whilst the fault was present. The dealer tried to fix the car, however when I drove after he returned it, the fault repeated. He took the car to a Ford main garage, they were unable to find anything at that time due to the intermittent nature of this fault. After this, I managed to get a second garage report showing the same faults on OBD when the engine malfunction light came on once more. The dealer/legal representative are denying a refund as they claim OBD reports detailing the active fault codes and numerous images I have provided of the engine malfunction light illuminated do not show there is a fault with the car. They want further evidence I.e. a mechanical report, however the fault is electrical so no mechanical issues will be found. Are they correct in saying this? I’m sure this argument will not stand up in court if/when it goes that far, as a diagnostic report is used exactly for the reason of displaying vehicle faults. In addition, the photos I have provided show it being active. However, they seem very persistent that the garage checks the dealer has had that were unable to find issues put the burden of proof on me and that my evidence proves nothing.

    Thanks in advance.
    Cameron

    • I noticed I missed a couple of things here. I started the rejection within the 30 day period so I am within the rejection period. Furthermore, the car is a used 2013 Ford Fiesta with 46k miles so it should not be experiencing these faults.

  32. Hi Stuart, I have just bought a second hand car from a car dealer 250 miles away from home. I paid £7,500 for it, It is an automatic car, 2010, with 107,00 miles . when I took it for a test drive, I told them there was a stuttering on pulling out, they said they would sent it to their mechanic to deal with. 3 days later they told me the car was ready and that the stuttering was due to the fact that brake pads were new but Discs pads needed changing. They changed the discs pad, they collected me at the station and was hushed straight into their office to make a bank transfer, they did not accept credit card payment. I was not offered the opportunity to take the car for another test drive. However, as I drove into town, I noticed when doing stop and start, the jittering was still there at every pull. I arrived home and took it to my garage who said it was a flywheel problem or a gearbox. Estimated cost. £2,000 to £2,500 for a flywheel, and £3,500 for a gear box at least. I phoned the dealer who verbally assaulted me, and said the car was sold fit for purpose, and what on earth did I expect from a 10 year old car! I am still shocked by their extreme aggressively over the phone. They have asked me not to phone them again or else they would file me in for harassement. I have only bought the car 5 days ago ! Can I reject this purchase and get my money back? Or can I ask the dealer to paid for the problem to be fixed. I believe they were aware of this problem as I had mention to them this stuttering, and they did not fix it. From the MOT which at first was a failure, I noticed a tyre on the rear had to be changed, they put in one very cheap one, and the other is border line. I accepted and understood that as normal cheap and shoddy but thought to replace the tyres myself for my own security and peace of mind. They have only just send me the 3 months warranty, after my phone call And it doesn;t seem to be worth very much. They never showed me the warranty in their office.
    They have implied that I am welcomed to take them to court and that I would not win and that it would take a year to be sorted.

  33. Hi, I bought an ex-Display car in October 2019 which was back with the dealership within a matter of weeks because the gears got stuck in the 3rd gear. After fixing the car, the gears kept on crunching and the car started on and off intermittently. I couldn‘t report it during the lockdown since the dealership was shut. As soon as it was back open, the car was booked in another 4 times and now has a new gearbox, new bearings, new ECU unit etc. In total, we haven‘t had the car for 4 month and still haven‘t had it back. We rejected the car 2 weeks ago which was refused by the dealership because the problem which presents now was not the problem we reported within the first 6 months. This is not correct but I couldn‘t record it because of lockdown. I also found out today that the car was recovered but the RAC 6 months prior to our purchase because it got stuck in the 3rd gear. This was not explained to us when we asked and it not recorded anywhere but proves that there was an existing problem. Any help on how to progress would be much appreciated.

  34. Hi
    I bought range Rover sport in December 2019 from Guy Salmon Thames Ditton, within the first few months there where electrical issues but because of them moving to Sunbury and covid I was unable to book the car in to get checked,I di whatsapp the salesman and asked if I could give the car back in June but was ignored, finally I booked the car in with them at their new garage in July for August, I gave them a list of issues which was big, but when picking up the car they advised that some of the issues where just the car being a car normall(Tailgate gesture not working properly, water making car open and close on its own, app not working etc) and they extensivly drove the car on a test drive(3 Miles) they advised that they had the top technician from Landrover to do a update on software and ru it for a few months to see what happens, I e mailed them about 5 weeks later to say that it still had issues but will keep test driving for a while, then 3 weeks later(now) I tried to book in for sorting issues and was advised that all they could do was get their top technician to look at it and the earliest would be January due to loan car issues, My problem is that I have a car that I do not trust to drive as the issues are with electrics sat nav, gear changes car going into different modes on its own and limp mode, so mileage is low as I use my wifes car, and I cannot sell a faulty vehichle……………..Whwre can I go with this, thanks for help…..

  35. Hi,
    Wondering if you can give me further advice. I have a Hyundai vehicle, which I’ve had in finance for a year from a dealership. The vehicle is a 65 plate and I have done less than 3000 miles since I received it and the car in total has done approx 48,000 miles. On my finance information it states I have the remainder of the manufacturer’s warranty which would’ve ended 28/09/20 – I managed to get my vehicle checked by one of the recommended garages before this expired so it would fall under warranty. I recently had my vehicle serviced and the mechanic advised there is a noise coming from the turbo. I checked with Hyundai and this is covered under their 5 year warranty. When I got it in to one of Hyundai’s garages which also belonged to the dealership it was confirmed that there was an issue with the turbo and again would be covered by the manufacturer’s warranty. I was asked to provide the previous service invoices as it wasn’t serviced with a Hyundai garage by the previous owner. I could only provide the one I had paid for as I wasn’t provided with this paperwork when I received the car. I was told due me not providing the invoices for at least 3years services that I wouldn’t be able to claim under warranty. I raised a complaint with the dealership as Hyundai stated even thought the service book has been stamped every year that the warranty would be invalid unless the relevant paperwork was given and to take it up with the dealership. A week later the dealership advised me that it’s due to the late service this year, that’s why it was rejected by Hyundai. I explained I struggled to get the vehicle in due to COVID restrictions and it even states on Hyundai’s website that for all current warranties they are allowing an extension of 2000 miles which is open ended so surely that would cover me for the late service. This has been ongoing for 3 weeks, I’ve spoken to Hyundai and the dealership multiple times and they keeping passing the buck to one another, I even contacted my finance company and they advised that this has to be taken up with the dealership. Any further advise on how to go about this and where I stand would be appreciated.

  36. I purchased a car feb 2018 and discovered upon collection an emissions fault, which has never been resolved. I’m told every time the technician has driven the vehicle there is no fault found and also that the computer doesn’t show any faults found yet nearly 3 years down the line the same intermittent fault is still there…… I’ve asked for copies of any work carried out and I always get told I haven’t paid for all the work and I should be paying now for any work they carry out now… (managers and staff have all changed to as it’s a franchise, so new staff I’ve never dealt with and can’t comment about previous emplyees and how they conducted the complaint) I got fobbed off today whilst the car was booked in for 9:10am for a diagnostic and 2 recalls and at 4pm after I’d called to check on progress to be told the head office computer was down and they couldn’t do a diagnostic or a 3rd recall for software….
    My question really is how do I go about getting my vehicle repaired as they should of done this from the beginning…. they had the car for almost a month when 1st purchased and still has the same problem….

  37. I have bought a used car for the kids to learn to drive in July 2020 from an independent car dealer.
    One of them was travelling back to his Dads with his Dad in the car instructing. During the journey the car started to cough & splutter! They made it home just! I as the policy holder for the insurance arranged recovery to a local garage. Upon diagnosing the problem the garage has told me that the plugs/coil pack & injectors need replacing. Once this is done and the engine running(hopefully smoothly) then they will be able to investigate if anything more sinister is going on(head gasket etc), however there is a problem!! They don’t do deep engine work anymore, so if it proves to be something like that then we will need to find a garage that can fix the problem. Unbeknown to me, the kids dad has been topping up the water regularly during use but not mentioning this to me, when asked how long he has been doing so he informed me he had been doing it for a while.
    We paid cash for the vehicle less than 6 months ago.
    Where do I stand within this act? The car has 100+k mileage, limited service history.

    Many thanks for any guidance you can offer.

  38. Hello. I negotiated the terms of returning the car with the car dealer. I agreed to the terms of the delera. It’s been a week since then and I have no news what to do next. How long do I have to wait for my car to be picked up and the money back after accepting the offer? Thank you for answering.

  39. I bought a new Audi in May 2018.
    I have discovered rust on 3 of 4 doors, not attributable to damage.
    Audi are going to inspect, but would this represent a major fault and grounds to reject the vehicle?
    It suggests a failure of the anticorrosion treatment.
    Audi may offer to repair the three doors, but my concern is this will simply recur and elsewhere on the vehicle.
    Thank you

  40. Hi Stuart
    I’m afraid my story is as follows…..
    On 17.6.20 I bought a used Citroen DS3 (which had done 51.5k miles) from a reputable independent dealer, then on 09.10.20 I took my car for a few basic checks at an official DS dealer, they also fitted a new gearknob for me. During the visit the EML came on as coincidence, so they did a Diagnostic, free of charge and this pulled off various “bad news” codes and was advised I need a new engine which costs £8k yet I paid £6k for the car three months ago.
    Ideally I’d like my car fixed by the guys that sold me the car rather than reject or replace, so wondering do you think my case is strong enough Stuart? I am within my six month warranty as well.
    Best regards.

  41. Hi,
    I recently traded in my motorcycle for a brand new one which developed within 2 days a blown head gasket [allowing oil onto the back wheel] rendering it dangerous and unrideable. It has been at a dealers for repair for 2 weeks and counting. Can I reject this [it is less than 30 days since the purchase] do you perceive particular problems with this?

  42. Hi Stuart,

    I brought a second hand car from a dealer 54 miles away. After 1 week the engine management light came on and I contacted the dealer who suggested u go through my warranty. The warranty assist recommended a garage and said a water pump needed replacing. The problem was sorted however the light has come on again and I have contacted the dealer three days ago. He is asking me to take it back to the garage as they need to sort it out. I have reverted the car and want a full refund. He is saying that he will deduct fair wear and tear as I am being unreasonable in not giving the garage an opportunity to rectify the problem that they have supposedly fixed. Can you please advise me of my rights.
    Freya Jones

  43. Hello, I purchased a car 3 months ago and the timing chain has broken rendering the car unusable. The garage is refusing to collect the car and is only offering to ‘take a look’ at it. We have quoted all of the information you have provided above but have just been fobbed off – is this right?

  44. Hey,

    I was hoping that you can help.

    I bought a used vauxhall astra 16 plate for £8,500 with 12 months warranty on the 26th of September 2020. I test drove it for about ten minutes because there wasn’t enough fuel in the car. Everything seemed okay so i paid for it in full on the same day. The car wasn’t ready to take so we scheduled to pick it up on the 28th September 2020.

    On my way home after collecting it on the 28th September 2020 i noticed a strange rattling sound coming from the front of the car. As soon as i got home i called the dealers immediately and returned the car on the same day.

    They later called to say that the roll bar link on one side was broken and that they would put a new one in.

    I was obviously taken aback. I had just paid £8,500 for a car that was supposedly checked before they gave it to me so i told them that i was rejecting the car as it was faulty. I was told that the fault was minor and would be repaired. I refused the repair and said i wanted a refund.

    I also noticed that there were discrepancies in the mileage between the time of purchase and collection of the vehicle so the vehicle was also not as described. When I signed the purchase agreement the invoice clearly stated the mileage was 17,694. When i returned the car to them on the 28th September after collecting it on the very same day, the mileage had increased to 17,789. The distance from my house to the dealers and back was only 14 miles. 81 miles were unaccounted for, which means they were obviously driving the car between the time of purchase and collection of the vehicle so the fault could’ve happened then.

    I have been speaking to the general manager who is dealing with this case. He has offered an extended warranty of 2 years including breakdown as good will. He wants to avoid the mess of taking it to court as that’s what i have said will happen. I asked him to renegotiate the price but he has refused.

    What are the chances of me getting a full refund if i take legal action?

  45. I brought a car from an AA approved dealer, the car had been put through it’s MOT the day before I collected the car. It failed the first due to wipers, which was replaced and passed the second MOT. Everything was fine, no advisories and transferred the money into the company’s bank account. I drove less than 20miles and the car began to over-rev and started smoking with an awful smell, even inside the car. I had to pull the car over and leave the car and find other means of transport to get home.I have spoken to the dealership who have been very rude and at first were refusing to do anything. Eventually they have agreed to take the car back, but just wanted to know my rights to reject the car. I don’t feel safe driving the car.

  46. Hi Stu

    I bought a used Audi rsq3 from Audi approved and on the day of collection at the show room the start stop had a fault on the dash board and on the drive home it made a grinding sound from 50mph-70mph they know about this and have done a road test and said it’s booked to come in in three weeks time for repairs today I’ve noticed a new vibrating noise from the engine

    And after I washed the car yesterday I can see the rear quarter has had paint and the rear door is creased before I bought the car they replaced the under tray by the rear quarter and door and when looked underneath there’s all over spray on the underside and on the door you can see that it’s had a bump where do I stand with rejecting the car it’s only been 6 days and all these problems are from the moment I picked it up from the showroom

    Cheers tom

  47. Hi I bought a used Audi rsq3 from Audi approved and on the day of collection at the show room the start stop had a fault on the dash board and on the drive home it made a grinding sound from 50mph-70mph they know about this and have done a road test and said it’s booked to come in in three weeks time for repairs today I’ve noticed a new vibrating noise from the engine

    And after I washed the car yesterday I can see the rear quarter has had paint and the rear door is creased before I bought the car they replaced the under tray by the rear quarter and door and when looked underneath there’s all over spray on the underside and on the door you can see that it’s had a bump where do I stand with rejecting the car it’s only been 6 days and all these problems are from the moment I picked it up from the showroom

  48. Hi Stuart,

    I am after some advice if possible?

    We purchased a second hand BMW in Jan 2020 & all seemed fine. At the start of Aug 2020 the engine management light came on. I contacted the dealer to notify them of the fault & was met with a very rude receptionist. I was advised that it would probably end up at the local BMW so best to take it there. Unfortunately BMW couldnt look at the car until the start of Spet 2020. When they did, they notified us of a major fault with the car in that diesel was leaking from somewhere along the wiring loom & into the ECU box. I have had my 2 young children in the car for over a month which could have potentially gone on fire. I contacted the dealer straight away & they have recovered the vehicle on 15th Sept 2020 & have had it in their garage ever since. To date they cannot find where the fault is coming from. When I spoke to the dealer today, he mentioned rejecting the car due to the anxiety it would cause me wondering if this would happen again. Can you advise on how we could or would go about rejecting the car?
    Thanks
    Rita

  49. Hi Stuart,

    We purchased a BMW 3 Series from a dealer on the 31st of August 2020.

    I noticed a slight vibrating sound over the next few days but, having never owned a diesel car, thought that it was simply engine noise.
    After the first two weeks the vibrating got louder and became more of a rattle from the clutch. I took the car to an independent mechanic to have the car checked over and to my shock the below list of issues had been found:

    Flywheel / Clutch need replacing – Noise from Clutch pedal
    Turbo Charger needs replacing
    Oil leak from the gearbox
    Oil coming out from the intake manifold
    Engine gaskets need replacing
    All air intake system needs to be removed and either replaced or cleaned out completely due to oil inside from leaks
    Handbrake does not work correctly and does not hold vehicle on an incline
    Air Condenser for the aircon is broken and when the aircon is running, white powder comes out, plus a vinegar smell
    Chunk out of passenger side front tyre
    A crack on the passenger side of the windscreen and a chip directly In front of the driver’s side
    Car has been repainted (poorly) in various places over the vehicle, which could cause problems later on. possible filler used on driver’s side bonnet.
    ABS Regulator ring damaged due to corrosion
    Radio – digital screen not working. We were aware of this on day of purchase and garage had said they would send a new one.
    still nothing arrived.
    When Mechanic checked vehicle, a socket fell from the engine bay that must have been there for some time as completely rusted

    Please note none of the above were noted on the fresh MOT they provided on the day of sale! If it had we would have obviously never purchased the car.

    I had previously contacted the dealer regarding the noise but was told the manager was away and the person taking the call would not make any decision in his absence.

    I therefore sent an email, contacted via social media and then called again on the date I was told the manager would return.

    All of this was done well within the 30 days as per the Consumer rights act 2015. I have also sent a letter of rejection via email and post.

    When I spoke to the dealership manager, I made him aware of my rights and the fact I have contacted the dealership on numerous occasions. I also said that I would like to record the conversation with him, to which he rejected being recorded, so I stopped the recording.
    The manager did not offer a refund, nor offer to pay repairs and instead requested that I send him a report from a garage, which due to the current covid situation, will take us 6 days over the 30 days.

    Both my wife and I are deeply distressed by this as we used our savings to buy the car and it looks like the repairs will cost double the cars worth.

    Please could i have some advice on the matter above as i’m not sure where we currently stand.

    kind regards

    Jason

  50. Hi Stuart I have purchased a brand new vehicle(ford ranger raptor) and noticed when cleaning that the paint has a significant defect either in manufactory or has been repainted very poorly the vehicle is only 7 days old do I have a right to reject the vehicle on this basis there were other issues but this is by far the biggest.
    Kind regards Dean.

  51. Hello Stuart, I bought a brand new bmw M4 convertible in 2018 and unbeknown to me it had been filling with water inside the frame the entire time. The leak got so bad it eventually caused electrical shorts inside the rear window motors and Caused a fire inside the body panels.

    The Car went in to be repaired which was done but BMW damaged my car hitting it in the front and back and also left various body panels loose and inadequately repaired, it’s all been rectified now however but I had raised the issues with bmw at the beginning explaining how unhappy I was/am, because of Covid everything is taking so much longer and it’s been 2months since this all began! I’m still to get a real answer from bmw.

    I would like to reject the car as it’s a known fault and was clearly there prior to me purchasing it. I’ve since learned that bmw have a technical sheet for the exact issue that is given to mechanics.

    The car is on pcp and I wanted to go onto own the car however feel now that lasting damage has most likely been done! Do I have grounds to reject the car after 2 years. Also what happens to the 28k+ I’ve already paid off the car and the 15k part x for my old car??

    Yours thankfully

    Andy p
    Aka sloshy BMW

  52. Hi there,
    I bought a second hand Kia Sportage 2012 (42000 miles) from a dealer, collected the car 10 days ago, the dealer had a MOT done(through a third party place – passed – rear brake pads changed) and service.
    Last Saturday, after driving the car just twice locally for just a few miles, the battery went flat. I called the dealer and his answer was basically ‘it’s not out problem’. So went to a garage next to my house who came with cables and then checked the battery which was ‘bad’, so had to get a new battery for a total cost of £110. The guy from this garage had a look at the car and immediately said that the back discs needed to be changed cause worn and tires as well are cracked, plus hand brake as well wasn’t stopping the car properly but you need to pull it very hard to be able to completely stop the car.
    So this morning I took it to another garage to see what they would say and the guy had a look and told me the same things: back discs to be changed, tires with some cracks and hand brake not working as it should because of the worn discs.
    I emailed the dealer and the manager at the end offered to change the parts of the car for free if I buy them myself.
    My question is: I have to right to ask for compensation for the cost of the battery? Does a car with a dud battery fits for purpose, considering that I couldn’t start it and go anywhere? What about the back discs which are worn and tires with cracks? Is not this something they should have told me?
    Thank you so much.

  53. We bought a 2017 Nissan Qashqai from our local Nissan dealer, after a week or so we noticed the fan was making a catching noise, the hill assist was sticking at times and the windscreen seal was coming away on a couple of places, so we contacted them and they arranged to take it in for a day, which then became 2 full days, we were told the fan noise was the pollen filter and they replaced it, made no difference to the fan, still catching. We were then told the hill assist was fine, we will see. Then the windscreen seal, we were told they were going to get Autoglass to fix it, so that if they damaged the screen they would have to replace it, did this happen, NO. The service manager decided he could fix it, so he glued them down and you have never seen anything like it, it was horrendous, when I said I was not accepting that, he got aggresive and spoke to me like I was an idiot. I spoke to Nissan and they advised me to reject the car, which I did, the garage agreed to take it back and give us our car back and the money we paid, however they will not take it back until we have the log book, which could be 6 weeks. Is this the case or can I return the car before the log book arrives and wait for the refund. I spoke to Nissan and they can’t see why I can’t take it back before the log book arrives.
    I know they are trying to be difficult and do we need to accept our old car back, they have it up for sale for £2000 more than they gave us.

  54. Hi Stuart hoping you can advise me here. I bought a used volvo S60 last week from an ‘AA approved garage’ for £2000 paid by debit card. The vehicle came with a very basic 3 month warranty with claim limit of £250+Vat. However a couple of faults have appeared with one being the drivers electric window not operating and then one which is more concerning as fault has appeared on the display panel “anti skid service required” which upon looking online can be anything from a simple sensor all the way through to a major abs/ecu fault. Obviously I am now in a quandary on what to do as if it is a major fault this could seriously affect the braking capability of the vehicle. The warranty offered will barely cover labour costs and as such I’m looking at the possibility of rejecting the vehicle on potential safety grounds. Is that possible or would I have to give the garage the opportunity to rectify (and not just clear the fault from cars memory codes) . Thanks

  55. Good afternoon,
    My wife and I purchased a brand new LR Discovery Sport in Jan 20. At the end of Jun 20 the car experienced a complete electrical failure resulting in my wife having to pull over and try to stop as even the brakes had failed! The car was eventually returned to the dealer on 01 Jul 20 and has been there ever since. The initial issue was resolved but the tech team discovered another fault which requires a bespoke software patch which will not be ready until the end of Sept 20.
    We have successfully rejected the car and LR have agreed to us been supplied a brand new car. That said, we have been informed that we have to pay for the mileage put on the car during our ownership. Is this industry standard practise?

    • Chris, just seen this. Very similar to our experience. Bought new Discovery Sport in October 2019 on PCP finance. In November 2020 it went into a main LR dealer for repair (water leak). Was there until the beginning of February 2021 as they couldn’t get to the bottom of the fault and had to involve JLR Technical to assist. Got it back on 7 February only for a complete electrical failure on a busy main road the following day. Had to be collected by a trailer and taken back to the dealership. They’ve now found 2 other faults unconnected to the water leak and electrical fault. Should have picked it back up today but they’ve rang to say the engine management light has now come on showing another fault so they’re keeping it again. We have no confidence in this car at all and would like a replacement. How difficult was it for you to get one, and did you end up having to pay for the miles used on the old one?

  56. Hi I have purchased the new Kuga Hybrid in June this year which has a recall on the battery due to a potential fire risk, I am advised not to charge the battery and use only in Auto EV mode, Ford are unable to advise when a fix will be available, they have already attempted two previous reworks which have failed, my car is one of many others affected. As they can’t give a fix date and I’m having to use fuel only which is expensive on a 2.5l car, what are my chances of successfully rejecting the car ?

  57. Hi Stuart,
    At the end of 2019 I bought from “Underwoods Motor Colchester” brand new Vauxhall INSIGNIA 1,5 165 SRI

    In the process of purchasing the car before my first payment I requested from the sales agent particular features to be installed on my future car. I was assured by him that I will have them in my new car. Even further, I requested the full specification of the car I am buying with all the requested features. Such a document was not given to me, but just a screen view of the basic features of the SRI model which I chose preliminary.

    The new car was delivered to my home without any inspection from my site nor any walk through the functions by the sales person, who delivered it.

    For my great disappointment when the car was delivered and started driving it, I found out that many of the requested features are missing such as:

    · Adaptive cruise control

    · Traffic sign recognition

    · Head up display

    · Pedestrian detection

    · Telematics Onstar service

    · IntelliLux LED lights

    · Hill start assist

    · Lane change assist with side blind spot alert

    · Rear cross traffic alert

    · Fuel economy is way under the minimum advertised for this model-The lowest combined Fuel economy is advertised 41.5 mpg and the real one can not get over 33.5 mpg.

    When I informed the seller couple of weeks after the delivery about the missing features, they denied that I have order those features and sent me to the Motor ombudsman. I spent months and months for reply from the Motor Ombudsman. The ombudsman reply that my ussue falls under the Sales Code, and the business has not signed up to help in this situation.
    Now there are already 10 monts since the purchase and I can not return the vehicle because can’t proove what are the exact features I have purchased on the car as I never got the requested specification before the delivery.
    Please dear Stuart tell me do I have any chance to seek my rights or everything is gone in the drain.

  58. Hi Stuart

    I found a Mercedes C class on Mercedes Benz approved used website. I called and spoke with the sales person, paid £250 deposit to reserve the car so we could apply for the finance, after providing my details to the salesman, 5/6 hours later I received a call to inform me that finance company has accepted my application. I was told that my car would be at the dealership tomorrow and I would have to go to the Mercedes branch in the morning. Upon my arrival I was informed that the vehicle was not at the dealership, we would have to continue and proceed with the finance application. I paid £3000 deposit, vehicle price was £14388.

    My car was delivered to me later in the afternoon, next day I spotted car has paint peeled off, immediately I informed the dealer, later in the day I also noticed front bumper, bonnet, rear bumper, rear left tail light, front left and right wing were resprayed to poor standard, I have also taken pictures for evidence.

    I took the car back to the dealership only to be told sales manager is on holiday, come back next week Thursday. Later in the week I returned back to the dealer and met with the sales manager, after viewing the vehicle his comments were “Yeah, ill admit, front bumper is not really done that well” this was his initial comment, after pointing out on the panels which has not been over sprayed, I was asked if I would like the vehicle to be repaired to which I said “I would not mind as long as it is done to factory standards” Sales advisor said “mate to have the car done properly we are looking around £3000 – £4000, to which there is no chance” This really put me off, fact is, my vehicle has been mis-sold to me illegally and not as described. Despite the fact asking for my money back dealership had an objection to this. Instead, I was asked to walk around the forecourt to find something I like. I eventually found a nice Mercedes C Class 2015 model, there was a price difference of £1967.

    Please note, at this stage I have always been under the impression that my car would be taken back and all finance would be sorted behind the scenes. I was informed that we would have to do another finance for the new vehicle as we cannot swap cars. I agreed. This time my new car was going to cost incl VAT £16355, After coming back to pick up my new vehicle, I was shown a price breakdown of my previous vehicle, taken into part ex for £12750 and £1638 was paid by Mercedes to settle the finance. the sales advisor projected all cost breakdown and assured me that my £3000 was included on my new vehicle, and thus due to the unnecessary stress I was put through, they were going to reduce my APR interest rate from 11.9 to 6.9 per year.

    After 5 days elapsed, I received a letter from my finance company, after seeing the deposit of £1362, I immediately notified the dealer. the sales advisor blocked my number on Whatsapp and on his phone to prevent me from making any communications with him. I asked for an explanation of £1362 deposit which I was told, “We cannot show you the £3000 deposit because you had a discount on the car, previous finance was settled and you have got low APR”. N.B, I was given two years free of charge full service due to their mistake for selling me a faulty vehicle and not as described.

    After 2 days of phone calls, it transpired that Mercedes has used £1638 out of my £3000 deposit to settle the finance and transferred the remaining balance of £1362 as a deposit for my new car. I spoke with the Mercedes again, I stated to them that, at no point I was told my previous car was going to be taken as part ex, second of all, how would they justify using my deposit to settle the finance? I have been put through this due to the their own fault, by using my deposit to pay towards settlement it is not my fault. My colleague from accounts department liaised with the sales manager from Mercedes stated that due to because car was sold to me and this would increase the number of owners, thus they have used my £1638 out of £3000 to cover the settlement, N.B I was not given logbook nor sales advisor was able to locate the logbook reference number in order transfer logbook into my name and also to tax the vehicle, thus, number of keepers on logbook would not have been affected, this can be verified from DVLA. I believe I was entitled to full deposit refund upon returning my old car back to the dealer for selling goods as not described, and this deposit should have been used towards the new vehicle, instead they have compensated me with lower apr ?

  59. Hi

    My parents purchased a 62 plate car in May 2017 from a independent garage. In August 2017 the car required a whole new gearbox as it was faulty. The gearbox has now gone again in August 2020. They are near to spending out what they paid for the car initially. Is there anything we can do either with the manufacturer or the dealer who sold the vehicle?

    Many thanks

  60. Hi Stuart, On 31 July 2020 I picked up my brand new Peugeot 3008 GT Hybrid 4, purchased on a PCP, from the Peugeot dealership in my Midlands home town area. I have had many cars from this dealership and I have a good relationship with Sales going back a number of years, so I still go to them for my new cars even though I now live mainly on the Isle of Wight where I have my business.

    I have a smaller car from the same dealership that I use on the Island, and the 3008 is mainly for my occasional long distance trips to the Midlands to visit family, with an intention of keeping it as low mileage as possible so it has a good re-sale value. On 27 August, after getting off the ferry I stopped at a service station for refreshments for nearly an hour. When I came to start the engine, it would not start although air con, radio, dash panel all came on as it should do. There was an error message ‘Unplug the Charger Cable’, even though it had not been connected to a charging cable that day, although I’d charged it a few days earlier. I rang Peugeot Assistance who sent an RAC engineer, after first contacting Peugeot about the fault, who told them they have not had this fault before. I continued to try to get the engine started, and during this time had another error message ‘Electric traction system fault: stop vehicle, see onboard documents’, the vehicle was still broken down and stationary at this point. A little while later after being broken down for an hour, I was able to start the vehicle normally. Whilst still at the service station I booked in the car to my Peugeot dealership, on the earliest date they could offer me, Wednesday 2 September, and I also reported that the reversing camera activated and bleeped when I braked on that same journey. I was unwilling to risk taking the car on journeys and especially on the car ferry where I am not confident the fault will not recur at any time. I took a photo of the mileage on 28 August, it had done 643 miles by then. Despite using the car for short journeys before going into Peugeot service, the fault did not recur. Service have had my car since 2 September, giving me a loan car and I have returned to my Isle of Wight home. Service told me they have been liaising with an engineer at Peugeot in France. Today, 8 September, Peugeot Service rang to inform me they cannot find the fault and therefore they wanted my permission to use it periodically to run the miles up with a laptop linked up so that they will be able to deal with the fault should it recur. There is no saying how long this will take, nor how many miles they will be running up, while they are trying to diagnose this fault. I assume various staff will be using it as a run around, and I am not happy about this, nor about the seemingly unlimited miles they will use it for, and for an unspecified length of time. I am of course also still making monthly payments including interest to the finance company, and I will be penalised for excess miles when I come to sell it, plus I expect it look more ‘well used’ than it would have been. Could you advise what our consumer rights are please?

  61. Hi I bought a mitsubishi Outlander phev from a main dealer and didn’t realise until after purchase t
    hat the 5 year warranty was not valid because the cars only 2 services were not done by dealers and there is no paperwork to specify that the services were done in accordance with their standards. Is this grounds for rejection?

  62. bought a car from a small dealer it was deliverd and had many faults they took it away to fix it. It come back and it started to smoke from the engine i rang to ask about a refund he said just take me court i have wrote a letter and given 14 days to refund me what do i do if they ignore this.

  63. Hi Stuart
    Maybe you can help me with some advice. I purchased a second hand 13 plate car from a local dealer on a trade in with hire purchase agreement via close brothers.. Since purchase I have had numerous faults ie brakes etc, which I put right myself (probably in error but nothing to be done now).
    After 4 months the rear view camera and reverse sensors stopped working and the passenger seat belt alarm kept sounding when the seat was vacant, I didn’t raise these faults faults at the time nor did I repair them.
    After 5 and a half months and just over 5000 miles the engine seized, there was no warning lights just banging noise 5 miles from my work place. I drained the oil as I am in the industry and changed the oil filter that is all I have done, the oil came out in lumps, and made no difference.
    I contacted the dealership I purchased it from and informed them of the sensors and engine fault who said there was no warranty and it was not his responsibility to repair, I eventually had this in writing. I then contacted close brothers who have now been dealing with this for seven months, granted with a pandemic in the middle. I have moved to reject a under consumer rights act owning less then 6months. (I am not familiar with law)
    I have had two inspections carried out via ACE by close brothers one on the car and the second to collect the oil filter. Each time I am informed that the inspection was inconclusive and they are waiting on the lab results for the filter, the filter was collected two months ago.
    In the mean time I am left with a 100 mile commute per week and I have had to buy a 600 pound run about to keep me going as this car will not drive and is accumulating moss and destroying tyres sitting in a yard unable to move. I have raised this to the financial ombudsman only three weeks ago, but I am informed the case may take an age.
    Do you have any suggestions as surely there is an injustice to buying a 10,000 pound vehicle that I have driven for less time then close brothers is taking to make a decision
    Your thoughts are much appreciated.

  64. Hi Stuart,
    I bought a BMW X3 in Feb 2019, after approx 3,000 miles it developed a brake judder under braking, the dealer changed the disc’s and pads and after another 3,000 miles the fault reappeared, the same process has now been repeated 4 times, it is currently with the dealer, having last been repaired in march 2020. The dealer considers the defect is the result of washing the vehicle once in april 20 using triplewax. I consider 5 repetitions of the same problem is not exceptable and have looked to reject the vehicle.

    Can I reject the vehicle on safety grounds having followed the same process 5 times and the reason given?

    Many Thanks

    Martyn

  65. We bought a car 6 years ago brand new from a SKODA authorised dealer who forget to take out the transport blocks.
    The past 6 years I have complained to them that the steering is pretty hard and bumpy. I was informed that is Skoda, it is the way it is .

    Only after 6 years because I decided to take it to another garage, they found the transport blocks and now Skoda refuse to help us and has cost me heavily.

    They say we have only 2 years … according to the consumer law. But I trusted Skoda as it was offical. I will never ever buy a skoda again. but I do want to get some kind of compensation. what are my rights

  66. My husband and I purchased a brand new VW Touareg SEL Tech in Feb 2020 on PCP. After driving the car for 2 and a half month. While my husband was pulling out of the car park the car just accelerated forward and stopped. Unfortunately there was a pillar on the passenger side, and the sudden acceleration resulted in a debt and scratch to the side of the car. The car Showed a couple of error messages including ‘gearbox in emergency mode’ and became immobile. The breakdown rep confirmed that he suspected that there was fault to the rear wheel differential but stated that it was strange that there was no damage to the rear wheel. The car has been in with the retailers garage from April to date. It’s been back and forth on what will be done with this car.
    Safety concern has been raised with the factory (which they claim is normal protocol). We want to reject the car as it’s having such a major issue which has not been fixed all this time, we have told the retailer, VW executive office and finance company, they have all said that rejecting the car is not that simple. That the factory has to come back first confirming there is malfunction with the car. As at end of July, we were told that they would not repair the car except they got a confirmation From the factory. They have now done a u turn and said that they will repair the car despite not hearing from the factory and give it back to us after rigorous testing because it’s costing VW a lot of money to keep us mobile in a rental. Till this date we have never missed our own monthly payment To Vw finance. So it’s also costing us money paying for a new car which we have had no use of. They keep trying to make it seem like we were involved in an incident that caused the rear differential to go. When it is clear the car malfunctioned.

    They are also making it seem like we were reckless and that our insurance should have been the one covering the entire cost of fixing the car and changing the faulty part. So hinting that they are practically doing Us a favour repairing the car and potentially handing back a car with an unanswered safety concern on it.

    What can we do
    As the entire situation is just frustrating emotionally draining.. all these issues and drama on a new car. Defeating the entire point of going for a new car

  67. Hi Stuart
    I purchased a used Mercedes SLK from a dealer in March this year. The car engine light came on after about 6 weeks. This all happened during Covid 19 lockdown. The car was due a service so we had that done in May which was the earliest opportunity. The car came back and the light had gone off. It came back on again and we took it back to the garage who serviced it to diagnose the problem. The problem was diagnosed as the tensioner and timing chain at a cost of £2k. I contacted the dealer to explain and he said it would be covered by the warranty and we should speak to the warranty provider. He text me the details. Having contacted the warranty provider they confirmed the potential problem was covered subject to cost cap etc. We took it to one of the approved garages who have had the car for 3 months and have been unable to fix the problem. They contacted Mercedes and they have said the original diagnosis of the tensioner and time chain was only a potential resolution and really could be other problems. It’s now been recommended the car engine is replaced. I complained to the dealer who said they can’t refund on the car until it’s repaired and because the engine light went off initially after the service the car was not faulty. The dealer also said I should have taken it back to them when the engine light occurred. If that was the case why would they tell me it was covered by the warranty? I’m now stuck with a car in a garage which is not driveable with a potential bill for a new engine and a dealer who is disputing the car had a fault when it was purchased. Any suggestions?

  68. Hi there, I recently purchased used Insignia. In fact it was only 7 days ago. ” days after receiving it oil level was low. then the next day coolant level was low. I brought it back to be told it was the expansion bottle was faulty – but the coolant was dirty. Also when I am drving the car it feels like my seats are soaking through me and I am wondering if this is damp. Can you advise best what position I am in to reject it.

  69. Hi Stuart,
    Great article – thank you!

    I bought a new Skoda on 5th August. On 8th August the engine warning light came on, meaning I had to stop driving the car (it went into limp-home mode so I could get to a car park).

    I waited two hours for Skoda assist who turned off the warning light and said there is no fix for my problem – that there is a Dealer Service Bulletin confirming they should switch the light off and not change any parts. It’s a very rare fault, which the engineer said is likely to come back, but affects so few cars that there is no timeline for a fix, which is likely to be a software patch.

    I can’t risk driving a vehicle on a motorway that suddenly goes into limp-home mode, especially as my kids are usually in the car with me. Given that there is no current solution and no timeline for one, I rejected the car, in writing, that afternoon.

    Nine days on, Skoda finance (PCP) has still refused to open a case for me.

    The dealer eventually agreed to give me a courtesy car, as I wasn’t prepared to drive my car in case the failure happened again. I collected it, as agreed, on Saturday, but they wanted me to hand my car back to them without even giving me a receipt.

    This would have left me liable for any parking tickets or speeding fines, as well as insuring it, and would have meant I hadn’t ‘rejected’ it, as I still owned it. It was simply parked at their place.

    So on Saturday, I gave them my car back, as agreed, but insisted they do a formal ‘take-back’ by letting me sign the DVLA documents to say I was no longer the owner.

    This morning (Monday) it has all kicked off, because it turns out the salesman wasn’t authorised to do that… They wanted me to give them the car for a week so they could ‘fix’ it (impossible) and give it back to me ;-)

    Where do I stand and do you have any advice? Thank you!

  70. Hi Stuart, I’d be grateful for your advice please? I placed a deposit on a used car from a trader but raised concerns about the air conditioning a squeaking sound when driving at low speed. They assured me that would look into it and resolve the concerns. When I went to collect the car, the air conditioning still wasn’t;t working despite being reassured that it was resolved. There was also a screw in the tyre which they resolved there and then. However, the air conditioning was not resolved but they agreed to pay for the repair or I could bring it back to them, so I agreed and purchased the car. On the way home, and warning light came on, the car started vibrating and the cruise control was not working. I informed them the next morning. Having lost faith in the car, I tried to exercise my short term right to reject the vehicle. It was booked in for an assessment and I stopped using the car immediately. They told me the concerns were due to the clutch switch being loose and that they have now secured it (without my agreement or permission). They denied my rejection. One the way home from collecting the car, high pitch squeaking could be heard when braking and the air conditioning is still not working. I contacted the trader again to reject the vehicle and raised the issue with the brakes. I took the car to an independent garage for an assessment only. Without my agreement or knowledge, they fixed the hand brake and noted front brakes binding and stated it needed further investigation. The trader said I broke the dealer agreement and have lost my right to reject the vehicle. The trader arranged for the brakes and air conditioning to be repaired. When we got the car home, the front bumper was hanging off on the passenger side! You could see glue and that the clip has been damaged. I’ve now lost completely trust and faith in the car and the trader’s ability to repair the car or do it with care and skill. The only time the Car has been used to take it to be repaired, inspected or test driven. I need a reliable car that I’m not frequently taking to the garage. Can I exercise my final right to reject the car?

  71. Hi
    I’ve just(2 weeks ago) purchased a 3 year old Alfa Giulia. 59k miles. After 40 miles the Engine Management light came on and it is found to be quite a serious fault. It has an additional warranty with the car. Should the dealership fix it in the first instance, before any warranty claim is made? Can I reject the car if they refuse to fix it outside the warranty. Assuming the warranty company refuse the fix? Equally if the fix exceeds the limit of costs, am I to play or should i expect the dealer to pay towards the extra repair costs?
    Thanks

    Mick

  72. Hello Stuart,

    I purchased a used car in April 2017 on PCP. Two weeks following this purchase I returned to the dealer as I felt it was making an unusual sound but was told the car is fine.
    I have replaced the gearbox, the steering column and now the ECU needs replacing.
    Since purchasing the car I have had multiple expensive problems. These faults all seem to be excessive faults and I have been told by multiple people that this is unusual. Am I within my rights to reject this car? This seems to be a very problematic
    Thanks

  73. Hi Stuart we bought a brand new Vauxhall Viva in March 18 from a main dealer. It developed a fault with the air con/heating system in October last year (completely stops blowing anything into the car after a couple of miles). IthIt been in and out of their service department 9 times now and they have replaced every part they think is the problem and are now saying they have no idea how to fix it. It is under HP with Vauxhall Finance. Where do we stand now as we are getting nowhere with Vauxhall Customer Service or the dealer (other than them trying to sell us a new car to replace it).

  74. Hi all – would like to know where I stand on my case. My mother bought a car from a wheelchair adapted vehicle company in Leicester on June 26 2020. On 4th July 2020, the car was not starting and we had to call the breakdown company to start it up – we were told to buy a new battery from Halfords which we did do on July 6th.

    Long story short, even though the garage sent their own worker to install a new battery the car has broke down five times in total in five weeks – they have now taken it away to get it fixed as they feel its a electricity draining issue. Are we within our rights to reject the car and get a full refund as it is not serving its purpose? The car came with a three month warranty – however we have given them a chance to fix the car already and it didn’t work. What are our rights?

  75. Hi,

    5 days ago I went over to the UK to buy my new car Mercedes-Benz CLA ( I live in Ireland)
    I bought the car from a well known car dealer which is on the market since the 90’s
    I bought all the car checks, I was provide with all Mercedes service history told like in the advert car is just stunning low milage just perfect. Because I felt confident enough after talking to these guys I bought the car through click and collect. I arrived into the UK on the 4th of Aug and we dealt with it very quick. Driving home the car back to Ireland it was fine. It was raining and I realised that the screen wipers are just used and old and making way to much noise so back at home I went to the Mercedes garage and asked to change them. The guys from the garage strait away pointed out to me that the front of the car was painted…after a closer look it turnes out the whole drivers site bumber bonet was repainted…and after even closer look even I am not a professional I can see it that it is not a good job done. Now the fact the car was in an accident obviously was hidden and not mentioned.The cars value droped down and its definitely not worth £16k.
    So what are my rights now? I am aware I will have to bring the car back on my own cost but do I have a chance to get a full refund? Also I have no warranty because the guy said to me that it wont cover my car while exporting the car to Ireland. I still didnt reregister the car to Irish number plates I have my appointment made on the 22nd of August for VRT inspection. What can I do now?
    Any answers will be much appreciated.
    Thank you,
    Anita

  76. Hi

    I’ve just bought a 2009 Vauxhall insignia which I picked up 14 days ago and have done less than 100 miles in. Wednesday morning the car developed a fault- switched engine on and said oil pressure low – stop engine. I know there are massive issues surrounding this and can kill the engine so stopped driving it. Advised garage as can result in complete failure he spoke to mechanic who advised not to drive and have recovered.

    The garage finally recovered it at 11pm last night- 3 blokes turned up with a truck with a broken winch. They couldn’t winch it so then called dealer and agreed to drive on. They revved it very hard, grounded it out on the slope of my driveway leaving paint scrapes over it before reversing it into back of truck- I have this recorded after having an argument with dealer as car was meant to be collected at 10am. We have said fault needs fixing other wise want to reject and have money back he didn’t want to agree to this saying we have to give him chance to rectify which had already been accepted as above and when we said we would head to court to recover our money he told us he didn’t care as only 2.5k car not like it’s 10k..

    They delivered a courtesy car- which is showing as uninsured I have no log book as car has private plate and prev owner wants to retain so under agreement as soon as transfer done I go back to original plate.

    Do I have grounds to refuse the vehicle- he had oil changed before pick up and now issue with oil pressures etc?

    Many thanks

  77. Hi,
    I bought a new car which the dealer has agreed to replace due to a missing optional component. As the next nearest build time is October, the estimated arrival date for the replacement is sometime in December. They have agreed I can stay in the current car until that time, and they will then simply do a straight swap with the replacement car when it arrives.

    With regards to the additional insurances that I purchased on the initial car, such as GAP and paint protections etc, they intend to change the current contracts to cover the replacement car only for the remainder of the contract length. By the time the replacement arrives, this will only be 3 months of cover remaining from the annual policy. Is this correct, or should they provide me a new policy with a new start date for new replacement car at their expense?

    Many thanks!

  78. Hi Stuart. I bought a brand new generation Juke at the end of January. There has been a knocking/rattle noise from the beginning which has gotten progressively louder. The noise is not mechanical, it is rather like a door or the boot isnt properly closed. With the difficulties brought about by the C19 virus and premises being closed, the first opportunity to raise this with the dealer didnt occur until June, (well after 30 days of ownership). The dealer has had the car in to resolve the matter once, and its due in a second time next week, as the noise is still there. When this was first raised with them the car had done less than 1,000 miles. If the 2nd attempt to solve the matter fails, what are my rights?
    Thank you R

  79. Hello – my partner bought a pre-registered Evoque on the 13th of July 2020. The car had 160 miles on it and had been registered 8 months before that but kept in storage. We picked up the car and drove it home – a journey of about 6 miles and 15 minutes. By the time it go home, the engine warning light had come on. Our local franchised dealer came and collected the car within 60 minutes. It took 2 days to diagnose the fault and another day to get a part. That was fitted and at that point we were told that another part was needed and that would be at least another couple of days. At that point, Thursday 16th July, we rejected the car – which was bought via part exchange of another Land Rover vehicle and a cash payment.

    Since then, we’ve been waiting for the dealer to get approval from Land Rover to refund our money. They have become far less responsive to email and phone calls (shame they’re not as keen to help when they wanted to conclude the deal and have us send the money to their dealership bank account). I actually don’t understand why they need approval from LR to issue the refund – as far as I’m concerned our contract was directly with the dealer. Can anyone help here? Also, any further advice would be appreciated. My partner is now without a vehicle for 8 days through no fault of her own. The vehicle she PX is on their forecourt (not suprisingly at 4.5k more than they gave us for it!) and she’s getting quite anxious that they’re stalling or taking more time than required for a car that developed a serious fault within it’s first hour of ownership and which was rejected within 3 days of purchase.

    Thanks for reading and and any advice offered would be gratefully received.

  80. Hi
    I brought a car 6 weeks ago from a dealership. When I test drove the car there was a noise on the exhaust and they said they had a clip to fix it and would be done when they did a full mot and service before I picked it up. A week later I drove 2 hours on my own (I’m a woman so think they took advantage of the fact I was on my own) to pick up the car. On arriving I gave them my car which I was part exchanging. They explained that service had been done and exhaust was fixed. I was then handed 1 key for the car which I questioned as u normally have 2. They said there has never been 2 keys for this car!! Even tho they demanded my 2 keys for my car they was having. Anyway I went to the car and started it and the exhaust noise was still there. I turned it off and went back to say they hadn’t fixed it! They assured me it was an ‘Audi a5 thing’ and it’s normal. Anyway I wasn’t happy but it was tipping it down and wanted to get home. I drove 2 hours home in the rain and I could smell damp when I was driving. I got home and lifted the matts on the drivers side and to my shock their was 2 big holes by the brake and clutch! One of them by the brake is down to the metal!!! The floor was also very damp. I called them next day and told them and they acted shocked even tho I’m very surprised no one would see that as they fitted new matts since my test drive! I was told to send an email to them with pictures of the damage and they would get back to me! After 3 phone calls they kept either ignoring me or just telling me they was sending it to manager. I then went and lost my key to the car so had to claim off my insurance to get new keys. I have got car back and now contacted them again as they STILL are ignoring me. They now said just get a nice matt over it and it’s done! I’m not happy at all as if I go to sell my car it will majorly affect the price. They also haven’t serviced the car fully and when I asked where the service book was before I left they said it’s all done online now so I will see it on there. I’ve called Aldi and they have NO history of any service at all and said it should of had a book or at least some history! I’m so upset about this and want to know my rights
    Thanks Hayley

  81. Hello, I bought a second hand Mini Cooper s to a dealer on 17th July, just after collect, in the way home one of the “check engine light” appear, I stopped and checked the owner’s book which said I could continue driving slowly and check the engine asap, so I continued and when I arrived home, a lot of fume goes from the boot, the next day I called the dealer and he told me to get the car back, now the car is the garage and I’m awaiting to be fixed, can I reject this car?

    Thanks

  82. Hi my son traded in his corsa 2017 that was on a pcp he traded it in to Arnold Clark and got a Mercedes 2014 in it’s place at something like £13.000 i myself am a mechanic and checking the mot online could see the car failed on emissions he was told it had been repaid ad as it past the mot we would think it was repaid being the car he had been looking for and a bit young and inexperienced he pick’t car up from a fair distance from his house car fine getting used to it taking time with it on the day next day engine management light comes on he brought car to me i put it on a scanner to find emission related codes he called the garage and they arranged for him to take it to a local Arnold Clark 10 min from him they diagnosed it as a sensor but told him he would need to take it the 60 mile back to the garage he got it for them to repair it they had car 4 days he got car back yesterday and light is back on now on my time looking round the car i found that a tier had large chunk out of it and 3 dents on the body work car also has sings that it has been bump as the front scuff marks on headlight bumper looks to have bean painted i now i have a lot more exuberance than my son but don’t think car is worth the money they now won’t him to take it 60 mile again back to them time from his work each trip adding to 120 miles what do you think the best course of action would be here ? thanks Ernie

  83. Hi Guys, I bought a 3 year old car on pcp and all of the sales was done on the phone and finance agreed before we went to collect the car. At the time of collecting I noticed some clear dirt and they had it polished out and said they dont know what it is. I then drove the car away and noticed the car pulling to a side and made then aware within 2 days once I had made sure it was an issue by showing it to mechanics. Turned out one of the alloys is buckled. I also noted the car was advertised to have a meridian sound system on the advert but the car only had a standard sound system. Also the car was due a service 1 month before I bought it but I was told the car was due a service every two years and had a service one year ago. turns out the service is due every year. Within the 14 days of buying the car I informed the PCP finance company about the matter. And they are due to have an inspection soon. I have also noticed the car has had an accident repair on the body work even tho I have a video of the sales person showing me the only body damage was on the rear rim from a kerb and no body issues.

    They initially accepted to take the car back and I said they would have to pick up the car and they refused and said I have to bring the car back even tho the alloy is buckled and the car is pulling to the side. They then changed their mind and said I have to accept 300 pounds cash for the service or I can reject via the finance company. I want to know where I stand and what my rights are around the mis sold advert? They say their website has a disclaimer around the specifications list and I should have noticed it at collection. But how was I supposed to know the car speakers from just looking at it? And how am I to know the service is over due?

  84. Good afternoon. Hoping you can help.

    I purchased a car a few weeks before the uk covid lockdown. There was a fault on the Bluetooth system so I called the next day to address this issue and booked an appointment to have it fixed. Then lockdown happened and we were unable to have the appointment. Post lockdown after about a month of calling and calling they agreed to have the car in again to look at the fault. And agreed that the Bluetooth system was intact broken (was sold with it in the paperwork)
    It was agreed they would send us the part so we could take it to them to have it repaired or to Audi and they would give us the money back. After a month of calling to find out where the part is we are told they can’t get hold of the part. And are refusing to have this done directly with Audi as it costs too much even though they admit it’s broken and needs to be fixed.

    I understand this doesn’t make the car undriveable however we have had no answers to if or when they can get this part. How long is it before I can say I want my money back as they can’t fix it?

    Thanks

  85. Hi , I purchased a car on pcp finance on a 2009 back in January 2020 …. when picking car up it wasn’t ready as it failed mot. So I waited for it . When passed I drove it home to find it was screeching on motorway . Took it to local kwik fit centre and they confirmed that brake pads had fell out at the rear .( they had fitted new ones for mot ) the garage then put £100 in my bank as that is how much they cost … then just recently still only had car under 6 months I was dropping my children off and clutch pedal sunk to floor . AA called out to tell me slave cylinder . Flywheel and clutch have gone . Finance company tell me to take it to a 3rd party garage for inspection which comes back saying for the card mileage of 75,124 with service history it shouldn’t of gone ? The Mitsubishi itself has only covered 2759 miles since I bought the car as for 3 months we have been in lockdown with COVID-19 . The dealer when I spoke to me was very negative saying it’s 3 month warranty has expired and it’s a 11 year old car ? Then told me to get finance company too email him ….. the car has hardly been used .?

  86. Hi Stewart, Great article. I purchased a new Audi A6 in 2018 on PCP. On week 2 of ownership came across a number of build quality issues, mainly a bad dash rattle. This was documented with Audi, and over the last 12 months Audi have tried to rectify. We are now going down a jointly agreed rejection process, with a new identical replacement being built and sat waiting for delivery. Whilst Audi have been great, they are now looking for me to start a new 4 year PCP, whilst I’m looking to remain on the orginal terms with the replacement car. Do you have any thoughts on where i stand. Thanks David

    • Hi David. Your existing PCP will end when the car is returned, so you will need to start a new one. If you are rejecting the car under the Consumer Rights Act, you are entitled to your money back (initial deposit and any monthly payments) minus any allowance for usage.
      However, it sounds like this is something you have agreed with Audi/the dealer, so it’s therefore a matter of negotiation between what you want and what they want.

  87. Hi Guys want some advice.

    I purchased a car from Vospers – a Jaguar XE. The car was advertised to have a meridian sound system which it turns out it doesnt have and the car has a steering problem which the dealership is saying is a minor problem and if I want them to have a look at it they need me to bring the car back to them which is 250 miles away. ofcourse it is not safe to drive that far with a car pulling to a side. Also Ive come to realise the car was a due a service before I purchased it and they are now willing to have this done by Jaguar. I have been told I only have 14 days to return the car is this correct? Also am I eligible to get a part refund for the lack of specs as per advertised and how can I get them to change the un evenly worn out tires?

  88. Hi, really stupid woman here. My daughter who is only 18 bought a used car from a dealer. It cost her £5000 and was paid by bank transfer (as it was delivered)and all was well. Then I realised I didn’t have the log book or the green slip. Called the dealer who told me to do the blue form v62 and take it to post office as need to tax also. Went to post office and the form was rejected for tax. Reading up it would seem She will have to wait a total of potentially 10 weeks. The v62 should not be sent until vehicle is owned for 4 weeks and then v5 can take up to 6 weeks. Is there any other way I can tax this car for my daughter or do I have a right to give it back to the dealer and get my money back? There was never a mention of no logbook.

  89. My boyfriend bought a car from a dealership that turns out to be pretty dodgy. They told him the car was ready to go (16 June) and then as soon as he paid, they decided to say that it needed a timing chain change and that it would be another 10 days (26 June), that date came and went, they keep pushing delivery further down the road. They won’t reply to anything in writing, insisting on phonecalls. Haven’t provided him with a receipt. He has now said he wants to reject the car and would like a refund as he actually needs to purchase a car (it’s been more than 3 weeks since he paid for a car that was “ready for delivery”).
    Payment was by debit card over the phone, no written agreements but screenshots of the adverts etc.
    They phoned him today to tell him he can’t have a refund for all sorts of salesperson reasons. Initial thoughts are chargeback followed by small claims. Do you have any advice or guidance? Thanks in advance,
    Holli

  90. Hello Stuart. Paid a GBP200 dep on a Chevy Orlando 2.0 LTZ (Exec) price GBP4375.00. Aircon needed gas the back double seat was stuck upright they would try fix it. 2 weeks later aircon was sorted & could collect on my daughters birthday yesterday. Husband did a quick test drive the same as I did they did not really give and option to drive a decent distance with the car. I was a bit stressed as it was taking ages to finalise the insurance, we have 3 young children in the car. We 1hr 15 min drive from there so they were getting edgy. I paid the balance incl the aircon gas. There were a few issues we realised as we were leaving that were not right like no service history I was ‘told’ full dealer history, and no owners manual, plus a few other things. The guy had gone off but we arranged to leave my Jazz and head to Southend to make a day for my daughter. We didn’t get far it was bumper to bumper shortly after leaving. We pulled in and got McD’s for the kids then again to put in GBP50 fuel as it ws nearly empty (PS I paid upfront for full years insurance almost GBP400). My husband was moaning about his neck being sore and getting extremely frustrated driving. Eventually we could turn around pulled in by a shop so we could switch he said he was struggling with the clutch and didn’t want to drive any more. I got in and had to put my foot flat and push hard to get into 1st gear. As i was pulling in the traffic and waiting at a light I disengaged the gear and tried again and it was really difficult. Traffic was easy going back so not much gear changing for me but a warning light came on on the way back to the garage which beeped periodically, we couldn’t check it as we had no manual. We wanted a refund he said he was not authorised to do it. We took everything out the car again, I demanded to speak to his dad he said he was off he would try get him to call me on a undisclosed number. Two calls later and we got a paper signed they would look into the wear on the clutch, the emissions light and try source service history as we had one service for a 10 year old car. When my husband said we wanted a refund he said on what grounds, we took delivery. He was trying very hard to get us to drive off with the car but we said we didn’t know it would make it home. I told my husband I would check with my bank if they could do anything. I was now already down GBP 50 + GBP200 + an insurance cancellation fee, many hours of travel and stress and not car I was looking forward to getting. I called my bank and they reversed the balance I paid. I want to know is it legal for me to do that, should I cut my losses or try claim at least GBP180 for fuel deposit less aircon gas? Thanks in advance. CB

  91. Hello, I purchased an 11 month old, approved used, Audi q3 vorsprung in Jan 2020 from an Audi dealership, after 7 weeks and the first bit of torrential rain we had, I noticed the front foot wells (in particular drivers side) were saturated with water. The car went back in, and tests they say showed the panoramic sunroof was leaking. Due to partly the complexity of the job and partly COVID (trouble getting parts in and only one technician not furloughed), I didn’t get it back for 10 weeks, they apparently replaced the entire sunroof except the glass.

    I collected it on 20th may during a period of sunny weather and the next bit of rain we had, the rain was once again pouring in to the car on both sides and saturated the car for the second time. It went back in and once again they confirmed that although it was difficult for them to recreate the leak with a hose, they did manage to recreate it and my car was once again “saturated” (their words this time) and that Audi had advised them that the drains needed to be replaced. They replaced them and water tested again and said they were convinced that the leak was fixed. I had told them that I wanted the underlay replaced as I did not want a car smelling of damp carpet. The underlay apparently only comes with the entire carpet, so they agreed to replace this under the warranty repair.

    I collected my car For the 2nd time at 6pm on Friday and drove home. It then rained overnight and at 10am Saturday I went out to investigate and found the underlay wet again! I’m am devastated to say the least as I love my car and was really hoping this was the end of the problem! But on the other hand I feel worried that the water could be causing problems for the future and maybe I should reject the car now while I have the chance, but I would be looking for an exact replacement! I have officially owned the car for 23 weeks but it has been in the garage for 13 weeks. It is purchased via a pcp and I did open up a complaint with the finance company when it went back in for a second time but their turnaround time to respond is currently 8 weeks!

    I assume I am within my rights to reject even though the water leak does not render the car undriveable? The car was first registered in feb 2019 and apparently had no previous mention of water leaks although it does appear that it has to be at a certain angle (nose up on an slightly inclined upwards driveway) to leak!

  92. Hi I purchased a used car on A 4 year pcp deal about 2 years ago I have today received a recall for this vehicle The fault is the engines plastic inlet manifold may melt and deform in a worst case scenario this may cause a localised engine bay fire to develop can I return the vehicle and end my agreement as this fault seems quite a major one

  93. Hi I bought a car from a large citroen dealership in London the day they opened after Covid lock down. I thought the car was new but it was pre-reg. I sorted this with the dealer and he reduced £500. The car is 2020 reg and they said 10 miles on the clock, the invoice states 10miles on the clock, but when i drove the car home (1 mile from the dealership) I noticed 300 miles on the clock. I asked the dealers why the difference and they say they don’t know where I took the car after I left their showroom, this is true but I only drove home. Is there anything I can do about this, all I wanted to know is why. I don’t have any handbooks or documents relating to the car. I have had it for a week. Thank you Gwen

  94. I bought a car from a used car dealer on 8th June. I was unable and not experienced enough to do a full inspection on the car on the day I bought. I drove the car once to get it home and a second time on the 11th June to take it to a qualified mechanic to get it inspected. The mechanic found a list of problems with the car that need rectification and it was his opinion that the car should not have been sold with the faults present. The faults were not described when the vehicle was sold. Both rear tyres needed replacement due to age and condition. Although the car has an MOT until OCT 2020, one of the rear tyres is in such poor condition that it would fail an MOT today. Three near side headlamps were not woking and need replacement. The windscreen wipers are in need of replacement. All four brake pads and discs need replacement and show evidence of corrosion and uneven wear. One of the rear back plate for the break disc is corroded and needs immediate replacement.
    I contacted the dealership immediately and told them that I won’t be using the car and I listed the faults.
    The dealership did not respond for 6 days and only after I sent them an email telling them that I reject the car.
    There response was to request that the car be booked into their dealership so they can look into the problem.
    They have not been able to offer me a booking slot any earlier than 8th July, this was stated to me on the 24th June

    Am I in a position to force this issue and insist hey accept my rejection or must I give them the opportunity to insect the car first?

  95. Hi,
    My son contacted a local Ford dealer and asked them to source him a specific car. He told the dealership that the car must have the 3 packs he stipulated or he would go elsewhere. The salesman sourced a car and my son bought the it. Five days later and after a lot of talking to the dealership, one of the packs is missing but the dealer does not want to know? Where does he stand?

  96. Hi we bought a Fiat Tipo 17 plate in December 2019 and it was surging and erratic driving, a fuel filter was put on it and then fiat themselves diagnosed it needed a new fuel filter housing and throttle body. This didn’t stop the surging. We complained to the finance company and they sent an independent assessor who said there was a fault. We had it back to Fiat twice more but no solutions. We formally rejected the car in April 2020, but the finance company asked us to take it to another Fiat dealership. They did a diagnostic and said an airflow intake pipe was lose and were going to charge us so we took it back to the original Fiat dealership and they tightened the pipe up. But there was no change. Now the finance company are asking for a report about the airflow intake pipe but because we won’t pay Fiat in Leeds won’t provide a report. But we have formally rejected the car and heard nothing from the finance company. Do we stand a chance to reject the car and what do we do next.

  97. Hello, I bought a car on 14.06.2020. It went into be repaired in February this was EGR valve. I then have drived it minimally due to lock down and the red light came up saying the fuel filter was full. No warning light. It was already going to an independent garage for a second key as they didn’t say it didnt have one and to sort the fuel filter out. This was on 17.06.2020. We then spoke to the garage who said other lights had come on. After this we rang the dealer and they took it to a garage they use. It was a leaking EGR causing all the issues, they are refusing repair saying it’s a different fault. I’m wondering what my rights are with being a few days out when it went to the garage as I know you have more rights in the first 6 months. Has there been any exceptions with lockdown? I feel it’s unfair to have to foot the bill when having the car a short amount of time and having a similar problem in feb. Any help would be appreciated

  98. Dear Stuart, I hope you’re well.

    Last week I bought a hybrid Mercedes A250e. I found out once it was delivered that it didn’t come with a DC charger (on the website it’s not too clear whether there would be one installed or not).
    Upon delivery, the last driving it admitted she got caught into a storm and that a small stone hit the windscreen, and cracked it. She was very honest, and Mercedes was on top of it. Today a guy sent by MCE (the finance company) changed the windscreen, but it looks like he did something wrong with the electronics – now the theft alarm is always triggered, and even though there’s no sound, I can’t seem to turn it off from the App or anywhere else.
    Also, while waiting for the new windscreen, I drove the car, as you do with a new car. I noticed that from the driver and the rear left passenger windows/doors there was a bit of wind noise, which will be covered under warranty and Mercedes will have a look at. Do you reckon that all these tiny things can suffice for me to ask for a replacement car?
    Thank you very much

  99. Hi. I bought a less than a year old 2018 plate car in the UK, in Feb 2019, and in September 2019 it had to be recovered to the local dealer with an ignition fault that caused the car to stop in the middle of a road, the start/stop had stopped the engine and I got a failure message on the infotainment screen when I tried to pull away The car was recovered to the local dealer by the manufacturers warranty breakdown service who ‘fixed’ the fault by changing the starter motor. Several months later I had the same failure message, but this time as I tried to start the car from cold, and again the car was recovered to my local dealer who this time changed the ECU saying they had definitely fixed the fault and it would not happen again. 2 days ago the same thing happened, could not start the car in a car park and the car had to be recovered to the dealer. I am waiting to see what they say this time.
    My question is, do I have any rights to reject the car, or is it now too old? The car was sourced via the manufacturers website as an approved used car from a dealership many miles away. The manufacturer took the car to my local dealership, where the work has been carried out. I have had the car fail me in an undriveable situation 3 times now in the last 9 months, and I only have 8 months left on the manufacturers warranty. I hate to think how much these ‘repairs’ are going to cost once the warranty has run out, and how much more inconvenience I am going to put at dependent on where the car fails. I was lucky the first time that the car did not cause an accident, but if the start/stop fails in a really dangerous place, then someone could be seriously hurt.
    Your Thoughts Please. Should I accept the car back from the latest ‘repair’?
    Kind Regards
    Mark

  100. Bit of a strange one. Just bought on PCP a new BMW over the phone/email. Due to COVID, I couldn’t go to the dealer etc which made everything much more complicated to begin with.

    I thought the car had a specific option on it that it turns out it does not, and they can’t retrofit the option either, it is an option I am not really willing to go without – especially on a car of this cost.

    What are my legal right in this situation? Can I just hand the car back? I also did a part exchange of my old car…. which adds to the fun…

    Any help at all would be fantastic,

    Thanks.

    • Hi Kev. If you bought the car at a distance, you should be able to claim a full refund within 14 days. The dealer won’t like it, and they may try to prevent you from doing so, but you would be in a strong legal position – regardless of whether the misunderstanding over the car’s specification was your own fault.

      With regard to your refund, it may not be possible to get the car back again as it could have already been sold. In that case, you would be entitled to a refund of the part-exchange value as set out in your contract.

    • Hi Helen. Yes we are, although only if they are questions that haven’t already been asked before – after several years, most of the questions we get have already been asked by someone else so it pays to read through the comments to see if someone else has already asked the same question previously.

  101. Hi, I wonder if you can help. I bought a second hand car 3 months ago from a dealer, I have hardly driven it as we have been isolating at home. I have tried to drive recently and noticed the steering was very heavy. I have taken this to a garage and they have advised the steering column needs to be replaced due to an electrical fault. This would cost nearly as much as I bought the car for. I called the dealer to discuss the consumer rights act and he shut me straight down and would not discuss at all. Is this a situation where I can invoke the consumer rights act as the fault could have been there for some time, and it has only just affected the steering, but I do not know how to prove this?

    Thanks in advance
    Beth

    • Hi Beth. Yes, you can reject the car under the Consumer Rights Act – however, as you have had it for more than 30 days, the dealer would be entitled to deduct for age and mileage from the refund amount.

  102. Hi
    I part exchanged and bought a Mazda MX3. When I noticed today 3 days after purchase the rear sill is rusted. This wasn’t pointed out to me and I hadn’t noticed it. Can I ask them to repair it/ take the car back?

  103. I am a woman aged 61 yrs Ibought a used chev utility after seeing I saw it at the garage on 30 May 2020 I completed the forms and I was informed that once mr application is successful., I will be notified telephonically On 01 June 2020 I was call to be informed that my application was successful and to submit outstanding documents Same were submitted on the2nd and on the same day ,I was called to come and collect the car I arrived at the dealer at 1700 and was told that the driver from the dealer is going to drive the car to my place everything was done in a rush as they were closed but trying to assist I then requested the car history especially who drove the car before any accident but the lady said unfortunately they do not have She even used my phone to approve some of the messages from west bank At home I thought about what transpired and why the rush .The following day still not having the history I called the dealer and I was taken from pillar to post. I requested to speak with the manager with no success I wrote them an email and the lady always referred me to a sales person and told me that it was for the 1st time some is returning the car and if the car is not faulty this is unacceptable. To date I have not driven the car as I suspect something fishy and they took an advantage Please advise as iam not more happy with the dealer

  104. Hi Stuart – I purchased a brand new Renault captur in September 2019 and since I have had it it has a intermittent problem with brake vacuum sensor which causes the brake pedal to momentarily stick preventing me from braking for a few seconds before it sudden releases and then it’s fine again. I first reported this to the dealership in January but they were unable to replicate or find the fault in the garage and they gave it back to me but it has carried on happening and it’s now back in for a 3rd attempt. If they cannot rectify it can I ask them to swop me to another car or give me a refund ? I know there is a problem and I have lost confidence in this car . Thanks

    • Hi Sue. You’re now past your six-month ownership period, which makes rejecting the car under the Consumer Rights Act much harder (although not impossible). It’s probably easier to try and complain to Renault UK if the dealer can’t fix the problem. You can try also taking the car to another Renault dealer to see if a different technician can solve the problem.

      If you’re using your car warranty, you have no entitlement to a refund or a replacement vehicle, which you would under the Consumer Rights Act. However, your chances of actually resolving the problem on your current car are probably a lot higher than trying to reject the vehicle after nine months.

  105. I rejected a vehicle from a dealer last September, the unwind has now gone through and the account closed how ever I have never received my part exchanged car back or the money for it. The dealer says they owe me nothing even though they have sold my car on, the broker doesn’t answer any calls and the finance company say it’s the dealer that owes me the money, it’s £625 and I know it’s probably not enough for a court case or anything but I want that money back it’s a lot of money to me and they have basically stolen my car in my eyes. Where do I stand legally please?

    • Hi Emma. You should get the price of your rejected car back again, either in full or with any acceptable deductions made depending on whether you rejected it before or after the first 30 days. If the finance was secured against the car (a PCP or HP agreement), the finance company should be refunding you for your deposit value and any monthly payments you made.

  106. Hi Stuart
    I bought a BMW X3 from a dealership and on BMW finance in September 2019. The car idrive started showing problems on the drive home! I notified the dealership and took photos. The car has been back repeatedly for resets/ servicing / trying to fix the fault. In summary the idrive has many problems / screen goes blank whilst driving or parking which is very distracting and distressing. Also phone drops out and car says its not connected / takes about 20 minutes to let you reconnect it. I have told BMW finance that we want to reject the car. Are these computer problems enough reason to reject the car? I would be happy to keep the car if it was fixed but they have failed to fix it on multiple occasions. Thank you

  107. Hi Stuart, I hope you are well. I bought a brand new Mazda CX5 on 14th February 2020 with PCP finance. I have now covered just over 2000 miles. In the first few days I noticed scratches on the paintwork which I didn’t notice on delivery. As time has gone on there are more and more scratches and also now numerous stone chips on the paintwork, on the wings, roof, bonnet, etc etc. It would appear the paint marks very easily.
    The colour is called Soul Red Crystal and when I do a search on the internet it is apparent that there are thousands of other Mazda owners who are having the same problem with this particular colour.
    I have emailed Mazda UK who have advised me to take the car to a local Mazda dealer for them to do a paint report and take pictures of the damage for a potential warranty claim.
    I have now booked the car into the local Mazda body shop next week for the report to be done however I am now more concerned as the body shop manager was fully aware of the problem and told me he has seen multiple issues with this colour. Although Mazda have usually made good the damage under warranty the paint will still be liable to further damage because there is a problem with this actual paint finish.
    I have two questions, the first is am I able to reject the car because of this paint issue and the second, if I cannot reject the car how many times and for how long would Mazda keep repairing the damage to the paintwork?
    Any paint damage to the vehicle would make its valuation far less at the end of my PCP contract.

  108. Hello. My daughter bought a Citroen from a dealer On 16/09/19. Paid for by credit card. Had a three month warranty. Prior to her purchasing it there was an advisory on the MOT so the garage agreed to replace the steering rack – the part used had a three year guarantee. The power steering failed and on 16/03/20 the dealer was contacted – they advised that they no longer operated a workshop (they had replaced the rack themselves) and asked that it be taken elsewhere for a diagnostic. This being done on Friday 20/03/20 it was agreed that the new rack had failed. On the Monday after this lockdown started. The dealer who sold her the car is réticent to discuss things with her her – they say the problem is with the supplier of the part. The supplier of the part don’t want to talk to her – they say their contract is with the dealer. The supplier of the part have agreed to meet all costs replacing the faulty part but this can only be done via an exchange which takes 2 weeks and means that any garage carrying out the work would have to be prepared to have the car in their site for over two weeks. We have been unable to find anyone to agree to this – they cite that the picture is complex and are concerned they will not be paid. This situation has resulted in my daughter, a key worker, having to move to an alternative address so that she is able to physically get to and fro school as no courtesy car was forthcoming. What are her rights?

    • Hi Pat. Your port of call for any issues remains the dealership that sold you the car. If they have an issue with the supplier, it’s up to them to chase it rather than fobbing you off to deal with the part supplier yourself.

  109. Hey Stuart,

    A bit of along shot here if this chat is still active.

    I bought a 2011 BMW 318i from Arnold Clark coming up for three years ago. The car has been diagnosed by BMW with a faulty timing chain and this is the best case scenario. I have done less than 11000 miles in the car and had it serviced as per manufacturers instructions.

    I bought the car on five year hp agreement, which I foolishly paid off early.

    As the timing chain is considered a lifetime part and the car has only covered 56000 miles do I have any leg to stand on in regards to finding the repair?

    Any comments from either yourself or anyone else on the page would be very much appreciated.

    Kind regards
    Michae

    • Hi Michael. The car is well out of warranty and is now nine years old, so your chances of getting either Arnold Clark or BMW to pay for the repair are slim – unless BMW acknowledges that their is a known fault with the chain and is funding repairs for that particular engine model.

  110. I need help. I bought a car from a dealer 3 weeks ago. Drove it home and after doing a bit more than 200 miles on it, warning lights came up on the dashboard – braking system fault and abs system fault. We agreed with dealer to get it fixed with my local mechanic who changed the brake discs and pads. Gave it back to me, drove fine for a day. Dealer paid me half the cost of repair as brakes are not under warranty as it is a wearable item.
    The wanting lights reappeared however, I went to the same mechanic to get it checked and he said the abs pump will need replacing and that it will cost more than a £1000. I contacted the dealer and she claims that as she has already paid me for my mechanic’s wrong diagnosis she refuses to pay or take the car back to get it fixed with her own mechanic. What to do here and who is right? Could I reject the car at this point?

  111. Hi Stuart, I have just purchased a nissan leaf from a main dealer 220 miles away. I Paid in full by bank transfer, the sales rep sent a video of the car stating a range of 140 to 150 miles, on going down to collect the car I noticed the range was 78 miles on a full charge, I questioned this and was told the range would rise once I drove it, sadly it didn’t 3 charges on the way home and 76 to 78 miles each time, the car is faultless in all areas apart from range, I bought the car for a daily commute of 80 miles, obviously I cannot risk using it, for fear of running out of charge, does my purchase count as distance buying? Thanks Colin

  112. Hi Stuart
    We bought an Audi from 2013 in April 2019 from a car dealer. In December 2019, the car started to have gearbox problems. After a car investigation I found out that the gearbox broke down because the oil pump lost pressure. We contacted the carshop but were told that they were not responsible for the damage because this damage is something they could not predict and there was nothing they could do. I don’t know how to proceed and if we can legally claim compensation because the car’s failure was a very expensive one (£4,000) and the repairs took place for two months.

  113. Hi collected my car March 2nd and found out last week it didn’t have adaptive cruise control and can’t be fitted. I have written confirmation it should be fitted prior to me putting my deposit down the manager of the dealer is now saying in the terms and condition it says specs can change ? Surely I have grounds to reject the car due to it not being fitted and them not telling me it’s not fitted. For the last week I’ve had 3 salesmen tell me I’m working it wrong only for all other dealers to say it’s not an option on the fiesta st and can’t be fitted ?

  114. Hi Stuart
    I have bought a used 2015 jaguar XE with 75k it is in great condition I took it for a test drive and was happy with the car it had a full service history MOT and no advisories so I put a deposit on the car. When I got home I checked out the MOT history’s it was tested on 27th Dec 2019 at the dealer MOT centre 75,601 miles. Prior to that it was tested on 19th Oct 75,577 miles with advisory’s

    Nearside Rear Seat belt webbing slightly damaged or frayed
    Offside Rear Seat belt webbing slightly damaged or frayed
    Under tray not fully secure and damaged
    Brake disc worn, pitted or scored, but not seriously weakened all 4

    I contacted the dealer to ask if this work had been done and if not why it wasn’t on the MOT. They said the disks where cleaned up and the seat belts where down to the testing personal judgment. He offered to replace the disks and brakes pads for £215 which I agreed because I liked the car and the next nearest Jag was 100miles away and I thought this dealer in my local area was trustworthy.
    On the first day I picked the car up after a few hour of driving it I noticed the clutch was slipping the air conditioning wasn’t working and the stop & start wasn’t working I informed the dealer 2 days later they said bring it in for one of their mechanics to drive and check the clutch out. He said it was fine I was in the car with and was pointing out when it was slipping and the smell of the burning clutch he said he couldn’t smell it but got another mechanic to have a smell and he confirmed it did smell of burning clutch. The dealer came to see me and said the clutch wasn’t slipping under normal driving conditions or smelling but was slightly when car was driven hard. I mentioned the consumer credit act 2015 and they said the car was 5 year old and had done 75k and this was normal wear and tear.

    Am I within my rights to get the dealer to repair at his cost or reject the car?
    Hope to hear from you

  115. Hi

    I purchased a Discovery Sport 2l deiseal from Car dealer which looked perfectly fine from the outside and when test driving it.

    The day I purchased it that evening the engine management light turned on and also noticed foggy smoke coming out. I got in touch with the car dealer the next day who said we’ll sort and bring the car in on Monday. He got the mechanic there to diagnose it and said its the egr value and need to order that part. After leaving the car there for few days the I thought the issue was fixed but then to see the EML to reappear. After going there back and forth over 2 weeks with louds of excuses. I demanded he gives me a refund but he kept saying I’ll sort it. After giving another chance he referred me to a garage. They sorted the issue with the EML but the foggy smoke was still there which was intermittent. I even showed a recorded video of the smoke but they said we can’t see any issue with it.

    I’m not a car mechanic and just assumed its winter and more smoke is coming out due to that as it only happens when I’m at the traffic lights or stationary.
    Few months went by I took my car to London for the first time. When I got to London the EML came on. I thought something is not right here and also car was drinking a lot fuel with very less miles done.

    I decided to carry out a diagnostic check through Land Rover to get a clear answer of what is wrong with the vehicle. There were a number of issue the main being no dpf. This with the other issue costing me £3500- £4000+.

    This shocked me and went back to the dealer and told him about the main concern. I showed the report but wasn’t interested in reading and just said I’ll sort it and also said car would run better with no dpf. He got a mechanic to ring me the few days later after chasing he about it to explain we’ll get the issue sorted. When I mentioned about dpf he just said car will run better without it and no need to worry.

    After speaking to other mechanic and doing my own research I find out that its illegal to drive a vehicle with no dpf filter and unroadworthy and also will not pass MOT moving forward.

    I’m just over 4months in since buying the vehicle and don’t know what to do here. I know the dealer is not prepared the fit dpf filter to make it roadworthy.

  116. I am extremely dissatisfied with my Kia Sportage and with the way the faults have been handled and the customer service I have received.

    I purchased this car from new on the 1st September 2018 on PCP finance. I am now trying to get my 4th fault repaired and this time it’s being going on since December 30th 2019. (9 weeks Monday Just gone )

    The first fault was loss of power whilst driving and the RAC had to be called to follow me home, the fault did clear its self on this occasion.

    The second fault is the heated steering wheel, it only heats up in patches and not to a very warm temperature. I took it back to the dealer who told me it wasn’t allowed to heat to the same temperature as my previous car as the new CO2 emission rules forbade this. I was told by the service department to buy a pair of gloves to keep my hands warm and also that he had a van so didn’t have the luxury of a heated steering wheel! This fault has not been rectified. The loan car X Ceed has a very hot steering wheel so I now know this to be a lie on behalf of the service department.

    The third fault, just before Christmas, was the ESC light, I called for advice and was told that as the light had gone out there was no need to worry about it. I insisted that the service department tell me what was wrong with the car, he reluctantly agreed to check with the technicians and call me back. This he did and they had no idea what was wrong so suggested I bring the car in for testing. I did and it was found to still have the fault and it was thought to be quite a dangerous one so the car was booked in for 2 days time. To date this problem has not been rectified – a switch was required to complete the repair, in the meantime the passenger seat belt warning sign would beep to indicate that it wasn’t plugged in despite the seat being empty.

    The fourth and most major fault was the gearbox. Whilst driving I noticed that the engine was revving really highly between gear changes. I pulled over and called the garage and explained the situation, I also explained that gears 2, 4 and 6 weren’t being used. I was told to drive it carefully to the garage the following day and to make sure I had RAC cover. I continued to my destination and parked the car only to find on my return that reverse gear wasn’t working either. I was stuck in the middle of a forest on my own without a phone signal. With help form the local cafe I managed to contact the RAC but had to leave the car there overnight and take a taxi home and then back again at 8am the following morning. Between myself and the RAC we were able to move the car back so I was able to drive it to the garage where it has been ever since.

    There has been problem after problem with this latest repair and to date I’m waiting on a further warranty claim to be approved. There were no updates on progress unless I called for them although this now seems to be rectified.

    I was advised to ask for a new car by several different people so I did. On asking the dealer on the Friday I was told it was customer care who dealt with this, I called customer care who told me it was the dealer, they called the dealer and the Sales Manager called me trying to sell me a new one. I was then called by the Service manager who told me what the progress was and on the Monday the General Manager called me with an update. I told him it wasn’t an update I wanted but a new car. He said he’d call me back on Tuesday afternoon, which he did but only to sell me a new car. 3 years more finance with an increase in monthly payments of £80. This is not replacing my faulty car but selling me a new one and not the customer service I was expecting or wanted. I spent over £30,000 on this car and I don’t feel safe driving it anymore, I need to know, as a woman on my own, that nothing else is going to go wrong. I know this can’t be guaranteed with a new car but my 2016 Kia Sportage didn’t have any faults in the 2 1/2 years I owned it.

    I feel I have been sold a faulty car, these things do happen, but in my case I’ve been fobbed off with excuse after excuse. If I was a man I feel this kind of service wouldn’t have been a) given and b) tolerated.

    Please feel free to call me to discuss any part of this email but I’m ultimately looking for a replacement car and not to be sold a new one. I have now escalated my complaint to the motor ombudsman who have agreed to look into it for me.

  117. I bought on the 10th of December 2019 a Fiat Punto 1.6 Diesel Multijet..the car looked great and felt fine driving it ..it had 94000 miles..but, unfortunately no service history available..I decided to buy it and trust the guy with the garage. The only thing I wanted him to sort of assure me of was the timing belt. So, he took the car for an MOT, came back with pretty much a clean sheet and told me that the timing belt was fine. Within the festive period I noticed a few things I wanted to tell him about the car but, he was away on holiday so I had to wait till he was back..then the next time I tried to go and see him he was away on a very private issue. Eventually I got to see him on the 17th of February..I told him what the problems were, he seen them himself and agreed..verbally..to get them done..My biggest problem was that the small black and white screen within the display, the screen which tells you the mileage, fuel range etc, wasn’t working all this time..So, I drove away after he assured me that he’ll take care of it, and then 4-5 days after, as I was driving the small screen came back to life and I saw the small spanner symbol on the bottom right..Obviously that could have been there all this time which under normal circumstances it would have driven me to the garage to have it checked. All these are happening as I’m driving on the motorway when the car decides to break down out of nowhere..I was lucky enough to steer the car at the hard shoulder with the remaining power safely. Result : Snapped timing belt. And the garage who sold it doesn’t exist under the same name anymore and rejects any liability..

  118. Hi Stuart,

    In March 2019, I purchased a 6 month old VW T-Roc through PCP from a VW main dealer. I put a considerable deposit down and pay monthly for the car. 9 months into the lease, a constant rattle noise from the dashboard/on-board computer developed, so I took it in to the garage. Previous to this, the car had already been in to the garage for 2 new electric wing mirrors (as these had stopped working), a new arm rest (as this was broken), a new glove box (it started to not shut properly) and it had also had some loose padding on the near side dashboard, which had to be fixed too.

    The garage had my car for a week and they claimed they had fixed it. I didn’t even drive it off the forecourt without turning around, as the rattle was still there, if not worse when I collected it. I left the car with them and have not received it back since. The garage has now had my car for a total of 30 days this year (they still have it now) and have had 6 attempts at fixing the issue. During this time, I have been told on 3 occasions that the rattle has been located in 3 different places and fixed, only for the garage to take my car out on a road test and the rattle is still there.

    It has got to the point now where the garage has admitted they don’t know where the rattle is and they don’t know how to fix it. They have said that they are now looking into replacing the car, to which I have said it needs to be like-for-like (I don’t want a lower spec, or older model). I have found a car of the exact same model, spec and colour on their approved website, but the car is a year younger than mine (69 plate whereas mine is a 68 plate). This is the only car of the same spec currently available with them (I have an r-line and all of the ones in stock are SEL or lower). My tax runs out on my current car on Feb 29, so this is how long I have given them, to sort the replacement (2 weeks). I will not be renewing my road tax on my current car, as I know it cannot be fixed and the tax cannot be transferred across to the new car.

    We are currently working towards replacing my car with the newer car, however I can’t afford to pay any extra a month, or pay a difference between my car and the newer car. What are my rights here? As they have admitted they can’t fix the car and it was their suggestion to replace it, what am I left with? Do I have to pay the difference between the two cars, even though it’s not the car i originally purchased, or can I walk away and get all/some of my deposit back?

    Any help would be much appreciated :)

  119. Hi, I bought a Vauxhall Insignia from a small dealership last June with finance. After 4 months the turbo failed and blew a hole in the engine casing. The RAC recovered it to an RAC approved garage as per the warranty. The dealership authorised a diagnosis and offered to pay anything over and above the £500 warranty offer. The turbo was sent away and diagnosed as being starved of oil. The car had a full MOT and had been serviced when I bought it. The garage gave an estimate of £4000 for another engine.

    The dealership then backtracked and asked me to contact the finance company. the car was then towed to the dealership (three weeks later) and a company called Scotia was sent to inspect it. They did not jack the car up, or look properly at the engine and claimed they could not see the hole. They also said there was no oil around the car (it had been moved three times). they rejected the garages diagnoses and said that it was fit for purpose when bought, because it had passed the MOT. The inspection was not carried out with due diligence and they have stated that they did not have proper access to the engine. I replied with the evidence from the garage and their professional opinion that it was not for for purpose. Despite, my protests, the finance closed the complaint and said I have to pay for the repairs; they will not accept the independent garage’s report. I then formally rejected the car to the dealership and also the finance company. The dealership will not speak to me and ignores me and the finance company just keep making demand for payment. The inspection company has a terrible reputation on social media, especially ‘Trust Pilot’. The car is still at the dealership and I have been without the car and have to hire one (for the last three and half months. Do I have a case to reject it as the dealer won’t repair it and the finance company is siding with the dealer.

  120. HI, I bought a Used Nissan X Trail from Evans Halshaw (Ford) Preston in April 2019. It is 2016 “66” reg and had 15000 miles on it. Evans Halshaw gave a 3 months warranty and the Nissan Warranty ended in November 2019. Last week 4th Feb 2020, the turbo blew and I was recovered to a garage. I also have a personal warranty with Motoreasy. That garage say the work is too much for them and Motoreasy are in the process of finding a garage able to inspect and do any remedial work. The car has now done 21000 miles. If Motoreasy cover the full cost of repairs, all well and good.
    My question is if my Motoreasy warranty doesn’t cover any or part of the repairs, who, if anyone, do I have a claim against? Nissan say not them as I bought the car from another dealer. Evans Halshaw say not them as it’s out of it’s 3 month warranty. I also paid part of the cost of the car (over £100) on a credit card to get section 75 cover.
    At just over 3 years old and 21000 miles, a blown turbo does not seem right.
    Thanks

  121. Hello I bought a second hand used car bmw 318 2008 automatic petrol 91k milage from a dealer on sat 11th Jan 2020 with 3 months warranty. I picked up the car on sat 18 Jan 2020 as the dealer said he will be replacing two tyres and do a safety check on the car. He told me it will be ready by Tuesday 14th Jan. It wasn’t I chased him and he then said be ready in few days as no wheel locking nut so ordered one then miracously when I went to collect the car on sat 18 Jan once ready he said we had a locking nut all along. As I started the car the dealer left the compound and I noticed tons of white smoke from exhaust which was not there on test drive. So spoke to dealer he said just oil being burnt off from old repair and as it’s been sitting needs to clear once you drive it home (73miles) away should be fine but get in touch if not. On Monday 20th Jan was my second time driving car since in my possession and still lots of smoke. On Tuesday as I was driving the engine light came on and then oil light came on with pumes of smoke loud engine so I pulled over and called aa as he said I am covered I was not so next day I told dealer and sent pictures and videos. The oil check on the bmw computer then said car was ok after the next day. He said he will get it checked and fixed and that oil must still be leaking. I told him I don’t want to drive it 73miles on motorway he assured me it’s safe to drive back. Dropped it off on 24th January. After chasing dealer for a couple days he said car is fine no engine light no smoke drives perfect his garage found no issues miracously it was fine when it went to his garage. He said he has done an oil change and also had a head gasket check done all fine come collect it. I collected it on sat 1st Feb no smoke on way home. 2nd Feb my mum got in it to go 5m down my road and engine light back on. Told dealer he said it’s fine don’t worry it will go off. Then 3rd Feb I took it to work 22 mile commute parked up was smoke from exhaust again but no light. After work got in started it and it sounded awful engine loud clanking whining and vibrating then the engine light came back on. I called aa out they did a diagnostic on it and it came up with 10 faults and now it had tons of smoke coming from exhaust really rough engine start up and sound. Aa said you cannot drive the car it needs a repair but nearest garages where closed so aa said drive it back to your house they followed me the whole way slowly and then speak to dealer to have it towed to garage. I sent the report to dealer explained everything sent my videos etc and they said next day ok take it to local garage you choose for another test as don’t believe AA (despite them having an aa basic inspection done on the car prior to them buying it). My local garage did diagnostic and checks yesterday and found exactly same issues aa picked up on with one being the timing chain which is a significant part in the engine and cost. Parts alone have been quoted at 850 plus vat labour ontop. I told dealer they spoke to the garage themselves and said disagree with this but I will review report tomorrow and arrange car to be taken to another garage he chooses. I already on Tuesday 4th Feb after having aa come out told dealer I want to return the car and he refused to accept it back. Now I really want to return the car reject it for a refund as I cannot drive the car or use it and within very short time if having it in my possession it’s gone completely wrong.

    Can I regect the car? I also don’t understand if I should have the car towed to dealer or he has to collect it if he is refusing to accept a return what do I do?

  122. Hi There.

    I hope you can help!

    I bought a second hand Hyundai i20 (2014) 30,000 miles on the clock from an independent dealer on 5/1/20. On first inspection, I noticed that there were mould patches underneath the mat in the boot that looked like they had been there for some time. I queried this with the Dealer who said that ‘excess water had got in there when the car had been valeted’ I said I wasn’t happy and he said that if I did want to purchase, he would get any issues checked over and fixed by the garage. I also reported an annoying buzzing sound coming from the rear passenger seat area which he also said he would be repaired. I went ahead and put down a deposit. Before the 5th Jan he said that ‘no water leak could be found’ and the noise was probably just some dirt on the brakes (oh the lies!) I paid for the car by debit card and got it home. On my way home the buzzing noise was still audible, within the first few minutes of travel, so I called him on 8/1/20 to let him know. He denied being able to hear it but said ‘bring it in and we’ll have a listen- knowing that I was moving to Cornwall that week and I probably never would.

    The damp I complained about continued to get worse and has now spread into the cabin of the car on the passenger side floor and the car smells damp. There is clear water ingress in the boot area now and I have my demisters on constantly. I told the dealer I wanted a refund but he offered that I could take it to a local garage in Cornwall and he would foot the bill. My garage advised that finding the leak could be a long a costly process to identify and fix and advised me that the dealer could turn around and say that he won’t pay, as it might be a hefty sum. (It is still under warranty though) The car has since developed a vibration sound in the steering wheel area at low speeds (I noticed this within a week of purchase) and I’m starting to think I’ve inherited some major issues, which is really stressful after a big house/job move.

    The dealer is of course refusing to give me a refund, claiming that a leak is a minor problem to fix (after originally claiming in writing that there wasn’t a leak) I feel stuck now as to which way to go- Do I continue with my right to reject within 30 days or do I go to my local Garage and ask to them to identify the issues and repair (and potentially lose my right for a refund). Help!!!

  123. Hi Stuart, this article is really helpful, as is your site. I wonder if you could help with our situation. We signed up for a new BMW 3-series on a personal lease plan back in October. and took delivery on 30th November. We test drove the salesman’s car, which was the same, except for adaptive suspension, and it drove beautifully. We were keen to keep the cost under the new tax threshold, so were told by the salesman not to worry about the adaptive, as it’s comfort mode would be exactly the same as the passive comfort mode, and in fact ours would be softer, as it’s on 18″ wheels, his was 19″. We signed and took the car with it’s normal passive suspension. When we took delivery I was shocked. We get jiggled around on the slightest uneven surface and the really bad roads are horrible to drive on. I told the salesman and he came to our house to do a back to back with his and mine. His was definitely better, and he admitted this, but said it was marginal. He suggested we bed it in for six months and see how it goes. We have had it two months now and there is no difference. It’s an uncomfortable ride. It’s certainly a lot less comfortable that his was. I have all this in writing as well, as I emailed the dealership, to confirm our suspension choice would be softer, or as soft, as the one we test drove. Unfortunately, it is no where near and I’m reluctant to wait six months to prove it.

    Any advice would be greatfully received. Thanks –

    Tim

  124. Hi I buy brand new car date is 12 -07-2019 my car I drive 3 mount and after 3 mount I have problem line assistance break assistance course control was got problem and no work and I take to dealer and they done all and give me back and after 3 mount again same problem come and I give to them they check it and can’t repair they told me need update and update not available and I tell them I want reject with same car and carry on with old contracts they not want to do that dealer and after I talk finance company and finance company tell me after dealer not want get back your cars because you have problem on your car and finance company said me you can give finance company your car but they charge me 45 p per miles and I don’t like to do this I want to know how I can give my car back to dealer and get new car with old agreement or I have to do new agreements please let me know thanks

  125. Hi Stuart,

    I bought a 6 year old Audi car a couple of days ago from a reputable dealer. It was advertised as a 32,000 mile car and the MOT history seemed to reflect this. Their website states that to give buyers confidence, they carefully check the history of each used car they sell. However, when I got the service history sheet from Audi, it was clear that when the car was 3 years old it had a service (recorded at 54,000) and 8 days later, at the car’s 1st MOT, the mileage had magically dropped by 30,000 miles to 24,000. For the next 3 years the 2nd owner drove the car around, presumably without realising this issue and he traded it in at the dealer where I bought it.

    As soon as I saw the issue I alerted the dealer, who said they would look into it. Clearly it was not my dealer who clocked the car so I would really appreciate it if you could tell me what my rights are. I want to reject the car (not as described) and get my money back as I specifically wanted a low-mileage and apart from the obvious drop in value associated with the real higher-mileage of the car, a car with clearly dodgy history will be harder to sell in the future. e.g. I checked with another local dealer and they said that if I were to want to PX in future they would not consider a car with altered history.

    According to recent research; 1 in 14 cars are now ‘clocked’ and the most vulnerable time is before the 1st MOT at 3 years old. It would be great if you could post here what rights people such as myself have under these circumstances.

    Thanks,
    Ian

  126. Hi Stuart, I bought a second hand vehicle more than 30 days ago, but less than 6 months ago. It uses a great deal of oil (about 1 litre per 1000 miles), however this is within the limits published by the manufacturer. I had an oil analysis done by the Oil Lab and they reported critically high levels of iron and aluminium in the oil. The vehicle is currently running fine, with no warning lamps showing. So you could argue there is nothing wrong with it. On the other hand, it is clear there is going to be a significant issue in the near future. (and forums are full with stories from other owners experiencing the same symptoms and later requiring £9K new engines). Do I have any rights to reject this vehicle on the grounds it is clearly faulty, even though it is currently serviceable?

  127. Hi Stuart, July 2019 I got an auto Audi Q2 on PCP with VWFS finance. Within the 2nd week of having the car I noticed it would judder down the road, going around roundabouts, and when coming to a stop. I took my car in to Audi to check the problem to which they have said it drives “beautifully”. Although one of their technicians who went on a test drive with my partner and myself saw the judder, but this was not documented! They did say the car needed a software update, this was done and I was told my problem should be sorted. It wasn’t! I took my car in several times with the same fault. They didn’t want to know. My next step was Audi UK. After a waiting a few weeks they got back to me and stated that the juddering is a “characteristic” of my engine but they are aware of the problem and doing software updates. I then had to go to the finance company who have got back to me after 8 weeks to say they will not accept my rejection of the car because Audi can’t find a fault code. I am now stuck with a car which kangaroos down the road and paying full price for a vehicle which does not run how it should! All my previous cars have been Audi’s and experienced no problem with them. Can you advise at all? Thank you.

  128. Hi we purchased a used car from a well known dealership, a week after collecting the vehicle and giving the car its 1st wash with us we noticed paint peeling from our front bumper, the garage were informed straight away and over a course of a good few weeks the garage said they would spray our bumper but we would have to contribute £100 towards it! After some few weeks we felt like we had no option to pay up so took the car to the garage on new years eve. Just over a week later we received a phone call saying the car would be ready in the afternoon. The afternoon arrives and we then receive a phone call saying there was a missing bracket to fix the bumper back on so they would need to order the part etc. A week later we received a phone call saying the car is ready for collecting. 1 hr later we receive a phone call to say unfortunately the car has been damaged in the process of moving it about and our rear bumper now needs repairing. We have told the garage we dont want the car back now as when we bought it we were under the impression that our car still had its origional paintwork, no dodgy resprays, and now we will be collecting a car that’s had both front and rear bumpers sprayed. We feel the car is now of less value than when we 1st bought it!
    Can we ask to return the vehicle?

  129. Hi Stuart, This is some fantastic information. I see you haven’t had a comment on here for a while, but I’m hoping you’ll be able to read this and respond. I purchased a new car from an independent trader Saturday 11th Jan 2020, after picking up the car the vibration while idling appeared quite excessive, now I’ve noticed I can’t not notice!. I didn’t really notice during the test drive which was carried out on country roads, my pregnant wife and kids were waiting for me so I’m afraid I did rush this. It’s more noticeable now that I’m sat in town traffic. After a little online research, I believe it could be a clutch or flywheel problem, adding that to the tow bar on the back, it’s even more likely due to pulling heavy loads. It’s a 2012 with 55k on the clock, so it shouldn’t have clutch or flywheel problems, if I’m right on the diagnoses does this constitute a faulty car that I’m within my rights to return for a full refund? I’m taking it back to the dealer Friday morning so they can carry out their own review and diagnoses, should I just ask for a refund or allow them an attempt to fix? what if their version of a fix isn’t the same as mine? what do I do if they just say there’s nothing wrong with it, so it vibrates live with it? Any advice would be gratefully received. Thanks Stuart

  130. Please can someone give me some advice…I purchased a used Citroen DS3 the end of June last year from a main dealership, it had 32,000 miles on a 2013 plate I bought the car on finance along with extended warranty, service plan, tyre cover etc.. I asked if I could go to a more local garage owned by them to which I was told yes.
    Back end of November the car started making a bad knocking noise I rang and booked it in at our local main dealers ( same dealers but more local) for 3rd Dec.
    I took the car and explained about the noise I got a call later that day stating that the car had engine failure and was undriveable, obviously I said I had warranty to which I was told would take a few days to see if it was covered, I had done 2,000 miles since owning it.
    Later I got a link sent to me stating front and rear brake discs corroded and a quote for £900.
    After not hearing anything and as I am a manager of a women’s refuge I have to have access to a car I rang and asked if any news to be told no but they would give me a loan car ( after an argument)
    I contacted the garage where I purchased the car and was told oh well you would have to get it to us!!!
    I then contacted my finance company as had the car 5 months, I stated I wanted to reject the car and was told someone would be in touch.
    16th December I received a call from finance case worker stating that he had been told Crankshaft and bearings to which I explained I had not been told, he stated he would send a independent mechanic to look at the car.
    Same day I had a voicemail from garage who had the car informing me that they were still waiting to hear from warranty company as they wanted more information.
    30th December call received from garage who had my car asking if I had an update from finance company regarding his mechanic report.
    I called finance company to be told it needed an auxiliary belt and I was to get that work done but due to the corrosion on the brakes they felt it was likely to have shown these signs when I had purchased the car, he said he would email the report but in his eyes complaint closed with them.
    I received the report and could not believe what I was reading all it stated was that the car started up had a knocking noise and strong smell of fuel but requires further investigation!!! To me this report was inconclusive.
    31st Dec I contacted finance man and told him my concern of the report to which again I was told no you just need to replace auxialry belt, but the garage would do the brakes as clearly weren’t right when purchased.
    The garage asked for report to which I supplied them with, he called me and stated it was a disgrace as clearly states car needed further investigation.
    2nd January I received final response from the finance company stating on 16th Dec he was told Crankshaft and bearings getting replaced under warranty and again I’m to do belt…I was totally confused
    3rd Jan I called garage asked if this was true to be told no that had not been said.
    Again I tried to reject car with finance company to which I was told no case closed.
    I contacted head office customer service and gave them the information.
    7th Jan I had a call from the garage were the car still is stating your car needs a new engine I would contact the actual garage purchased it as less than 6 month old
    I contacted them to be told no we won’t speak to you as your going through finance company.
    10th Jan I went to the garage were purchased the car to be told what do you want me to do… I explained for the last 5 weeks I’ve had no car all I had done was make call after call whilst trying to do my work in a stressful role… he stated oh we have changed our mind about doing the brakes… I could not believe it I showed him the letter from finance company stating they had agreed and after a heated arguement stated this would be done as goodwill.
    All he did was shrug his shoulders stating it was other garages fault.
    I then went to other garage were my car is to be told that it needed a new engine quote was £4,500 and he showed me correspondence stating only £3,900 in the budget.
    I left there in shock 6 weeks no car and it needs £4,500 engine and £1,000 brakes, the car cost £4,500.
    I asked if they would transport it back to the garage I purchased it from and they said they would.
    I’m now so upset that I’ve been lied to they obviously were trying to cover up that the car had engine failure and could of risked myself and children in it also my concern is the purchasing garage will argue it’s not the engine… I am just grateful to the garage that has had my car this long for being honest with me and would not go along with the finance report as I was also told the garage offered to strip the engine for him to which he replied no it’s fine!!!
    What do I do now I have raised it with Ombudsman but surely I must be in my rights to reject the car as I really do not want it after all of this and why would they spend £5,500 on the car that is not worth that…
    Please advice me

  131. Hi Stuart, on 17th of december i bought an automatic 2007 Mini from a car dealer through a finance and leasing association. After 10 days of driving it occasionally ( only in town to school or for shopping) the car engine warning light came on and the engine was shaking while on on parking mode, a bit of smoke and smell of burnt oil from under the bonnet. I took it back to dealer and they realised the oxygen sensor had to be replaced. I left the car to be fixed but the second day after doing more research about my rights i called to say that i don’t want the car anymore as a single mum i don’t feel safe with faults that appear only after few rides. They said that i am not allowed to return the car , that i can use my 3 months warranty, and that they will fix it.A very long conversation where the man ended up even being rude.I felt pressured and i accepted the car back(apparently fixed) but i mentioned that if another problem comes back i wilk return it. Now has been 10 days again since i got it back and the car leaks lots of oil, is juddering when accelerating and when i got home, the bonnet was extremely warm and a bit of smoke and smell of burnt oil again. I took pictures and i can prove the oil leak under the bonnet and under the car. The floor now has a huge stain of oil. Is not a safe, reliable car and i just want to return it.
    Please could you give me advice as what to do next? My 30 days right to return expires on the 17th and i know that they will not be happy to have the car back. I don’t trust them and i don’t want anything to be fixed. I only want to give this car back.
    Do i need to contact the finance company first and let them know?
    So so sorry for the big amount of details but i am very disappointed and a bit concerned that it won’t be easy to get this done.
    Best regards,
    Delia

  132. Hi Stuart
    I bought a nissan qashqai tenka 2018 from the carshop on the 30th December 2019 when I picked it up I tried to use the voice command on the steering wheel but nothing happened my phone was connected via bluetooth, I ask a member of staff to help me with it but he could not get it working either, and said it’s still under warranty so take it to a nissan dealer and they can fix it for you then he walked away, not happy with this when I got home I tried to get it working but couldnt, so I called carshop and they said that the voice command is a optional extra and I would have to even though the voice command button was on the steering wheel they said the person that bought it must have not paid for it so that’s why it did work, I thought that top of the range would have this as standard ? And they don’t appear interested I bought this car because it had the voice command built in, is there anything I can’t do.
    Regards
    Brian Dawkins

  133. I purchased a new Audi Q2 from an Audi dealership on 25/10/19. The car was financed through a PCP deal with Volkswagen Financial Services. During the first week of ownership I became aware of two faults with the vehicle:-
    1. Car ‘lurches’ in first & second gear when in cold start i.e initially driving away after ignition turned on.
    2. Microphone not working.
    I contacted the garage the following week and arranged with the salesman to return the car so that the faults could be investigated. On the 8th November I took the car and was informed that there was a fault with the microphone and it would need changing, the engine fault was not investigated but the car was booked into the garage on the 18th November for both faults to be investigated/repaired.
    The car remained with the garage until the 20th November when I collected it to be informed that the microphone had been replaced but the engine fault was still present and could not be fixed. The garage informed me that they had contacted Audi regarding the engine issue & were awaiting a reply.
    The engine fault persisted so mindful of my 30 day right to reject I informed Volkswagen Financial Services on the 25th November that I wish to reject the car as I deemed it to be faulty. VW Financial Services recorded my complaint and have informed me that they will now investigate my claim but this could take up to eight weeks.
    Since the 25th November I have not used the car and it remains in my possession pending the outcome of the investigation. In the meantime I have also informed the Audi dealership that I intend to reject the car but have not had any response. The Audi service dept have separately confirmed to me by e-mail that Audi have confirmed to them that the fault with the car is unknown to them and there is no fix available.
    I now have a car that is not being used but that I am still paying for and am concerned that my 30 day right to reject is being compromised due to the 8 week timescales VW Financial Services allow to investigate my complaint?

    • Update – Rejection accepted by all parties & full refund given. Still took over 10 weeks to do as Audi Finance did not look at the complaint for 8 weeks. Dealership were very good and assisted in the process where they could.

  134. Hi Stuart,
    We bought a second hand car (£4k, 2012, 32k miles) from a R*n*u*t dealer and when we got it home noticed that there are chips on the front and back windscreen. Thankfully, we have photos from before we bought the car showing a chip on the front windscreen – the photo isn’t perfect but you can definitely see a mark in the same location (we don’t have this for the back windscreen). None of these marks were included in the written description from the dealer. In fact there were zero marks noted on the bodywork report.
    Do you have any advice on our rights in this situation?
    Thanks very much,
    Luke

  135. hello we bought week ago 3 years old nissan qashqai 1.2 petrol. after few days i noticed that it was involved in the accident as front bumper and wheel arch was painted and and the door doesn’t close properly, headlight lug is broken, and some paint marks on black plastic trimming. after car health check in Nissan dealer /service I’ve been advanced to reject the car as it has problem with the engine. car is on PCP. WHAT TO DO???

  136. Hi Stuart,
    Having purchased a secondhand Alfa Giulietta 1.4 Multiair car recently I have subsequently become aware of several problems. Initially the car was difficult to start and some electrics didn’t work. The dealer passed the problems off saying that the vehicle had not been started for a while and the electrical fault was down to a blown fuse. (I always wonder what the reason is for a fuse blowing). Happily it was replaced, the car serviced and MOT’d prior to collection. On subsequent days starting was a real problem. I notified the dealer who instructed me to bring the car back or take it to a more convenient garage to investigate as it was covered by my warranty. I took it to a local garage which identified the problem. The starter motor needed replacing together with the battery. I am able to claim for the starter motor through my warranty and the original dealer supplied a replacement battery. So all was ok. The dealer had acted reasonably though I now noted the stop/start function was working – it had not been initially though I had been unaware of this. I have continued to drive the car and noticed on several occasions a lack of power on accelerating. This became most apparent overtaking another vehicle which resulted in an uncomfortable near miss through loss of power and little acceleration. I immediately informed the dealer and told them I considered it a significant problem that could have dire consequences. They agreed to take the car back to investigate/diagnose and fix the problem.Having run diagnostics and done a road test they inform me that they cannot find a problem and the car has nothing wrong with it. I also informed them that I had lost all confidence driving the vehicle after the aforementioned incident albeit an intermittent problem. I am aware of the problem but they cannot find one and have therefore done nothing to rectify it. I have indicated that I would like to return the vehicle ( it is still with them) for a full refund as they have been unable to find and rectify the problem and I no longer feel safe driving the car. Their position is that as they cannot find a problem then I am stuck with the vehicle. So where do I stand, I am a day within my 30 days period since purchase. Am I best taking the car to an Alfa dealership for them to try to diagnose an intermittent fault. I have been advised that the symptoms I have incurred are often down to the multi air filter and it’s malfunction is not often recognised in diagnostics – this I also told the dealer. Should I be able to evidence a fault in writing by doing this would I be in my rights still to approach the dealer again and demand a refund with the said evidence.
    What makes me unsure now of the car’s condition is that when I was first interested in the car the salesman could not find the car listed for sale on their system and couldn’t understand why when it was stood on their forecourt. While he was away he left papers on the desk indicating a sale to another named customer who had possibly not completed their transaction for whatever reason. Just makes you wonder though if their was an ongoing problem that had been previously realised!
    Apologies for the length of this. Any assistance would be most helpful.
    Thank you in anticipation.

  137. I bought a 63 plate Corsa from a large dealership. The clutch was faulty on the first day of driving. They fixed it, no courtesy car or compensation. 8 months later, driving back from Newcastle the front wheel separated from the car. They are fixing that..I have no confidence with it now. What can I do

  138. I bought a car and warning lights such as “power steering malfunction” popped up within a week. Anyway fast forward 6 months it has been repaired 4 times but I haven’t received any receipts of proof of repairs it’s now 8 months on and the issue has re appeared but 10x worse. Do I have rights to reject as it has been repaired 4 times in the 6 months?

  139. Is it correct that, if one successfully wins a case of rejecting a vehicle. Can one legally request for all the money back for what he or she has paid. This is a rejection out of 6 months with a financial company. A fight that has been going on over 3 years and has come back with a final decision from an ombudsman. What can anyone do if they do not agree with an ombudsman?

  140. I test drive a car and noticed a clutch issue. The dealer agreed thwre awas a problem and would have it changed before we collected the car. This was done at a garage they use. After collecting the vehicle we still noticed a vibration in the clutch pedal. We drove the car for several days as the sales guy was on holiday for a week and we thought the clutch might be bedding in. The day before we were going to take it back to have it investigated the clutch pedal would not return while doing 60mph on a busy road and spent the next 2.5 weeks in the garage waiting for a pipe from the master/slave cylinder. We have now collected the car again and the vibration is still present. The garage is sayin g that there isn’t a problem nd rhe vibration is normal but we are not convinced. They have suggested that we can return the vehicle to them and get a refund minus 45p per mile we have done in car and 70 valeting fee. Is this correct? Also are they obliged to still look at issue if we decide to keep it?

  141. Hi Stuart,

    This is a great article, many thanks for posting!
    In our scenario, we bought a Mercedes car and after 3 months all the dashboard warning lights came on, and e.g. the speedometer stopped working.
    We had the car looked at privately, and were told that the battery was dying so we replaced the battery, but the issue persisted and we were told that we would need a completely new instrument cluster.
    We called Mercedes for a second opinion and they found that the car had a mileage blocker fitted, and when they removed it that immediately resolved the instrument cluster issue, but the mileage went up by approximately 4,000 miles!

    On a side note the original advert stated that the car had a full service history and we were told that the history was all online with Mercedes, but Mercedes told us that they had only serviced the car once in January 2019!

    We’d like a full refund and compensation for the lost mileage and money we spent fixing the issue, and I’d be really grateful to hear your valuable insight on this case!

    Many thanks,

    Mitchell

  142. Hi Stuart, I leased a new white Merc from a leasing company on 18th Sept 2019 (delivery date) and by 10th October it started to turn yellow under the hood. I reported it straight away to MB who took body shop photos and paint thickness and said they’ll investigate. Subsequently they’ve advised there is no permanent fix for car (ie even if it’s resprayed the yellowing will come back again). I asked the finance/lease on 23rd October whether I can reject based on unsatisfactory quality and they accepted. Now MERCEDES on the 10/11 have refused the rejection. Where do I stand as the lease company have accepted the rejection? Thanks

  143. Hi Stuart. I bought a Seat leon automatic ’63’ plate car in 25th November 2017. When I bought the car, it was 26000 miles on the clock and 3 months warranty with that. I have paid £8250 for the car. It is now nearly 2 years and I have done about 26000 miles after I bought the car. Unfortunately 2 days ago the gear box gone faulty. I took it to a local garage and they are asking for huge money for it. Today my neighbour got a mobile mechanic and I asked him about my problem and I mechanic told me I should be covered by ‘The Consumer Rights Act 2015’. He said it because he thought that the price I have for a product, it is not satisfactory. Paid £8250 but within 26000 miles the gear box gone for a “63” plate car. According to him, I should claim for repair money. What he said, it gives some light to me but I AM REALLY CONFUSED ABOUT IT. Because I don’t have any warranty cover. Please consider my situation and give me a quick reply. I need to fix my car ASAP. Thanks in advance.
    Kind Regards,
    Naf Sid

  144. Hi!
    I purchased a used car in 2017 from a main dealer on a PCP.
    Last week the engine started ticking 1 week after a 40,000 mile service and upon investigation there was metal in the oil sump and I’ve been told I need a new engine.
    One of the service team has just accidentally sent me an invoice for an engine replacement the car has already had!
    I verbally asked the sales rep what work had been done and was told just the clutch had been changed.
    My brother was a witness to the question also.
    Do I have grounds to reject the car as I wouldn’t have purchased it if I knew so much had been replaced already.

    Thanks,

    Jamie.

  145. Hello I purchased a car via Evans halshaw on Monday 19th August. Within a few days of having it the engine light came on and I could hear a knocking noise coming from the back when going over speed bumps etc.
    Due to my work commitments and there availability we could not get the car in until Friday 6th September. It went in and they said they couldn’t here the knocking noise and that they have done a DPF regen on the car and the faults gone.
    Driving it home I heard the knocking noise and the warning light came on again.
    I phoned the garage and they booked it in on Friday 13th September. They said they could not fix the fault so it would need to go to Mercedes. They also said they believe the knocking noise was due to the fact it had after market lowering springs (un be known to me, I assumed I was buying a standard car). They said they would replace the springs to standard ones but not until after the car has been to Mercedes just incase I don’t want the car anymore.
    Mercedes couldn’t fit me in until Friday 4th October.
    On Friday the 4th October it went into Mercedes who did the DPF regen again and said if the light was to come back on it could be a leak in the EGR valve.
    Friday 18th October the car went into the garage to change the springs.
    Monday 28th October the engine light came on again so I phoned and it was booked in for Wednesday 30th October. The garage said they changed the EGR valve.
    The next day the engine light came back on again.
    This time I’ve told the garage I don’t want the car anymore.
    They are saying if I exchange the car they will only take £350 off me. If I want a refund they will take £800 off me.
    They do not have a car suitable for me so I have no choice but to go down the refund root.
    The car was purchased via HP.
    How will this work because I’m worried that as the finance company own the car not me, that the car is still going to owe £700 against it after the garage pay off what they said they would. are going to expect me to pay £700 outright?
    Also although it’s over 30 days, I’ve not owned the cars 30 days without having a the same fault. If I had known they wouldn’t have been able to fix this fault within 30 days I would have rejected straight away but I obviously didn’t know this would happen.
    Please advice, I’m really stressed about the situation.
    Thank you

  146. Hi Stewart, I purchased a Mercedes C Class 2014 from a dealership. the dealership two weeks to hand over the car as they advised they will doing their checks before handover as the car had only come into them the night before purchase. we were not allowed to test drive the car at the point of purchase as they advised it was not yet fit to drive. They gave us a VW golf as a courtesy car (old model for the two weeks, not ideal with two kids and a buggy) having received the car two weeks later on the second day the engine management light turned on and also the car would not pass 60mph whilst we were on the motorway. my husband informed the dealership and had to drive from Birmingham (where we live) to Nottingham where the dealership is before work, they had it for the day giving him VW golf courtesy car (old model) and advised they had cleared the faults. He did the journey again to go and collect the car and on his way to work the engine management light popped up again and again it would not go over 60mph. he again had to go back the following day to drop the car and advised we cannot be paying for our car but in reality paying for the courtesy car at the price of our car (the car is on HP). they gave a BMW 2016 as a courtesy car. We decided we would rather reject the car we purchased as it seems they have already tried to repair it simply by deleting the fault and are still within the 30 days of purchase. however the dealership have told us as we have accepted the courtesy car we are not entitled to reject the car. is this correct? are we not within our rights? please could you tell us where we stand? Thanks in advance.

  147. Hey there.

    I got a new car on contract hire a month ago but after 8 days it developed an engine fault. I’ll spare you the full story but basically 3 weeks later and they still haven’t been able to fix it. I’ve registered formal complaints with dealer, finance services and SEAT UK. If the fault developed after 8 days can I still reject car via consumer goods act or is it a warranty issue? So far I’ve paid £800 in initial payments for a car I don’t have! Any advice would be appreciated.

  148. Hi Stuart,

    I have purchased a Nissan Cube from an importer/trader on the 24th of August. The car was manufactured in 2004 with 66,000 kilometers on the odometer (roughly 44,000 miles). The car was newly imported and I am the 1st owner of this car.

    On the 13th of Oct, I’ve noticed water is leaking from the roof. I’ve notified the trader immediately which he asks me if I could return to him on the 15th of Oct as he has a windscreen technician on the day.

    On the 15th of Oct, I drove to the trader’s garage. The windscreen technician inspected the windscreen area. He then added some sealant at the top of the windscreen where it meets the roof strips. I waited there until I was told the sealant had cured and ok the leave with the car. I asked the trader hypothetically what happened if the car is not fixed. He told me he’d need the car back for further test to locate where the leaks from.

    As this is an issue with leaking roof, I had to manufacture a method to test whether the car is fixed. On the 23rd of Oct, I set up a gardening hose, set it to sprinkler and aimed it to the car’s roof. Within 15 minutes, water was dripping from head liner inside the car.

    I contacted the trader immediately. He asked me to return the car to him. I’ve expressed to the trader that I am not impress with the quality of the car. He acknowledged that things break in cars and he’s willing to sort it out. However, I’ve lost confidence with the car.

    I will be returning to him on the 2nd of Nov. However, I’m wondering if I am within my rights to reject this car and ask for a full or partial refund?

    Many Thanks

    Jo

  149. Hi Stuart

    I bought a car 26 days ago and as usual looked at the efficiency of mpg when making my decision – it is a diesel car.

    My husband has a ‘show car’ which is a ‘gas guzzler’, so I have a diesel for every day commuting to work and general use – I traded in my diesel car to buy this newer car (2yr 7mths old).

    For the new car it was stated 67mpg combined, 74mpg Extra Urban & 57mpg Urban which I thought was great.

    I do know that these figures are produced under ‘perfect conditions’ on a rolling road but you do expect to get figures not millions of miles away from them.

    I am managing 40.1mpg combined and I’m not a driver with lead boots.

    I asked the dealership to check it over as I can feel a hesitancy in the running of the car and also for them to check the mpg, so it was taken in for them to check it out.

    I later found out it was a nice jaunt out by the service desk clerk and someone from a garage and they had quite a lengthy drive (at my cost), which they claimed they got 52mpg average – I can do that on purely motorways/dual carriageways! Actually it was showing as 49mpg when I got in my car to go home.

    I have had my husband driving the car (without looking at the mpg he was getting as he drove) and he too is only getting 40.1mpg (I’m guessing that when it hits that figure it stops registering lower).

    So now the upshot of it is that this car is not as economical as claimed that their adverts, so the running of it will cost me alot more over time, than portrayed to me prior to buying the car.

    I can still feel the hesitancy in the car but they said they couldn’t so did nothing. It feels like what I’d describe as a slight misfire on a petrol engine but not sure what that equates to in a diesel engine.

    Can I hand back the car on the basis of these problems within the 30 day Consumer protection please Stuart?

    Thank you

  150. Hi,

    I bought a 2016 Citreon from Arnold Clark and received it on 5th September, it needed jumpstarting on 13th October and again on the following day. On the 14th October I was unable to find a friend to jumpstart it so called the AA who identified an alternator fault, he followed me to Arnold Clark as he said the car could cut out at any point whilst I was driving. I took the car in and explained that it was the alternator that needed fixing. They replaced the battery and asked me to come and collect the car that evening. I refused collection and explained that I knew it was an alternator fault not a battery fault to which the reply was “I am 100% confident there is nothing wrong with the alternator”. They made the decision to keep the car for more testing after I disputed this and the next day fitted a new alternator but confirmed that the battery still wasn’t charging so they sent the vehicle to the auto-electricians. The auto-electrician identified no electrical fault but said the alternator was faulty so the branch ordered a new alternator, this was Friday 18th October. On Monday 21st October, the branch told me they had in fact fitted an incorrect alternator and had now sent the original alternator to the auto-electrician for him to strip down and fit new parts too so it could be fitted back into the vehicle. Despite telling me previously that they had ordered a new one. The car was now ready for collection. I refused to pick up the vehicle and have been trying to contact the selling branch to explain that I feel completely unsafe driving the vehicle, not only because of the original problem but because of the story that doesn’t necessarily add up regarding the work the service centre have completed.

    I am currently awaiting a phone call from a manager however a customer service assistant told me that because I authorised repairs on the vehicle I won’t be entitled to any type of refund, I was never made aware of this at any point and was never asked by anyone at Arnold Clark whether I wanted them to complete any of the repairs. They did this automatically and just updated me each time I rang them to find out their verdict. They were meant to contact me on multiple occasions regarding the work that needed completing but never actually did.

    Do I have the right to refuse the vehicle and ask for a full or partial refund?

  151. Hi there, I hope comments/questions are still okay as last post being 18mths ago.
    Anyway I have in the last 3 weeks purchased a brand new Volvo XC40 and am looking at options including ‘rejecting car’ as it has had a fault from new in which the Volvo On Call facility doesn’t work. The car has been in the workshop twice for ‘technical’ to work on and even remote access from Sweden but issue is still unresolved.
    Purchase price was £40k with dealer fitted accessories, of which I initially paid a £1k deposit, then £11k cash and received £12k for my trade in. Totalling £24k I have a 0% 36mth £16k finance deal through the dealership.
    If I go this route within the 30 days then whom do I approach? Franchise Dealer, Finance company (1st repayment not due for another week), ombudsman or all.
    Thanks for any advice and an informative website.

    • Hi Steve. If you are trying to reject the car using the Consumer Rights Act, you need to notify the finance company as they have a financial interest in the vehicle (unless it’s a personal loan). You will still need to reject the car to the dealership, as the finance company will refer it to the dealer anyway. The ombudsman only gets involved if there is a dispute over the rejection.

  152. Hi. I would appreciate your thoughts.

    I bought a car which in between paying a deposit & collecting the vehicle, was subject to paintwork damage by the dealership. This was noticed when I got home with the car for the first time, on the same day. It subsequently went back to them for this to be sorted, which they did (sort of).

    The dealer called me to say the car was ready for collection, and then called me 5 minutes later to say somebody had just driven into it on their forecourt. (Cheeky bleeders suggested this would have to be a claim on MY insurance to start with!).

    They eventually conceded & agreed to cover the repairs. 3 attempts later and they still haven’t put right all the damage caused to the car, whilst in their possession. It now has to go back for a 4th time.

    In addition, a function of the car called “Access Mode” wasn’t working from the day I collected the car. This was eventually repaired last week.

    Then this morning, the Diesel Particulate Filter warning light came on to say it needed replacing & put the car into limp home mode. I have only done 2200 miles in it. Out of 77 days of ownership, it’s been in my possession for 54 days & the dealers possession for 23 days. The dealer have said they’re going to replace this FOC.

    So whilst the car should then be mechanically sound, the paintwork still needs sorting. And this will be the 4th attempt at doing the paintwork repairs due to the poor quality of the finish previous.

    The saga has been continuous & I’m wondering if I am within my rights to reject this vehicle? I was prepared to give them the chance to sort it, but after failing to do that a number of times, myself taking time off work to do the 60 mile round trip each time I drop off and collect, and generally the continuous inconvenience this is still causing, I lost confidence in them as a dealer & their chosen repairers. Each time it goes back to them, it’s having another sub-standard pain repair (as a result of their inability to do it correctly from the outset), and I just fell now the whole passenger side & front wing of a £32,500 car is a patch-up job.

    I’ll be honest, I’m looking for ways to give them the car back & get my money back. I still want this car, but I don’t have the time for all this grief due to work commitments, so I’d rather go and buy one from somebody who I can trust to sell me a decent vehicle.

    Regards

    David
    Norfolk

  153. Hi Stuart
    I recently bought a car 08/09/19 ,on finance but withdrew from the agreement within the 14 day cooling off period .The car Vauxhall Astra 2014 was from Trade Centre Wales.
    Yesterday 02/10/19 the ABS warning light together with traction control lights come on , on the dashboard together with Service ESP displaying on info screen.
    I phoned customer services and they have booked the car in for 11/10/19 but now I feel I no longer want the car because of this fault.
    Do I have strong grounds to reject the car and what would be the best course of action?
    Any help would be appreciated
    Thanks
    Regards
    Mark Hughes

    • Hi Mark. Until you know what’s causing the error messages, it’s impossible to know whether you have a case to reject the car. It may be a simple fix, which means you are unlikely to be able to reject it, or it may be more serious.

  154. I bought my car on September 30 2019. After 22 miles it broke down requiring the RAC. I finished up limping it back to dealer the next day. I was told they found iron filings in the oil and oil filter that had damage solenoidsthat would take 6 to 8 weeks to replace and a full oil flush. The car is undrivable till then. Have I got a case to reject vehicle

  155. Maybe a petty question but i returned my car for a full refund so di I lose the month tax and £40 insurance cancellation fee? Insurance said even with 14 days cooling off i still had to pay “admin charges”

    • Hi Mike. You should get a full refund for the price of the, which should include the VED. Your insurance is separate and will depend on the specific T&Cs, however normally the point of a cooling-off period is that you can cancel without incurring any fees or charges.

  156. Hi I bought an Audi A6 on PCP in March 2019 (the car’s first registration was in December 2018 has 1 previous owner and has done 3000 miles) so since March it broke down twice (something was wrong with turbo ) first time they “fixed it” in two weeks time but after i picked up the car i had same problem with a car same week, so passed the car to the dealer to fix it for the second time and they “trying” to fix it now for last 9 weeks, also when i try to call them and find out what’s going on most of the times they say that they will give me a call back but they never do … only when i visit them i get answers like we are still working on it give us two weeks more…

    What are my options? Can i get a full refund ? I own this car now since March month this year, in this short period of time the car is being “fixed” for three months now …

    • Hi David. You have two choices, really.
      1) pursue the matter under your new car warranty. It won’t get you a new car or a refund, but you are entitled to have a car that works as it should.
      2) reject the car under the Consumer Rights Act. You’ve had the car seven months but if it has been in the garage for three months, then that time so not counted so you have effectively owned it for four months for the purposes of the Act. If you are able to reject the car, you won’t get a full refund as the dealer will be able to make an allowance for usage while you’ve owned it.

  157. Hi Stuart, thanks for the very informative information about the consumer rights. I was wondering if you could give me some advice as to my personal situation.

    So I recently purchased a new Infiniti Q30 (first time buyer) via PCP on the 7th of June 2019 via the Infiniti dealer in Stockport. All was good and we’ll for the first day or two until i started noticing some noise around in the car. It sounded like something metallic was going from left to right whenever I steered the car and this was really starting to bug me.

    I searched all inside the car to see if maybe I dropped some loose change in the car that’s causing the noise, I literally emptied the car and took everything out but still couldn’t get rid of the noise. After weeks of trying to just ignore the noise I had enough and contacted the salesman who sold me the car to please contact his service department to get in touch as I have been trying to get to them with no success. This was on 01/07/2019, I finally received a call from the service department and got booked in for an appointment the following Tuesday 09/07/19 (outside the 30 day return period).

    I took the car in and left the car with them for a day or two because they had to take some parts of the car apart to find out what the issues is. When I went to pick up the car I was told the noise was a screw that was moving around underneath the drivers seat and that it got taken out now and I was shown the screw. I asked how that got there and was told it was probably left in there during production and they forget to remove it when the car was being put together. Not knowing better I took the car back and went on my way, I forgot to add that the cars engine sometimes stutters when Moving off(auto dual clutch control) and this is without me pressing hard on the acceleration. When I asked about this I was told it is a new engine and I should just ease it in until the engine was up and running properly.

    Couple weeks down the line In August I noticed a warning pop on my dashboard saying the adaptive front headlights were not working among other front headlights warning. I got out my car to look at the headlights to see if the lights were coming on and the front right light only had the full beam working whilst the left hand side had all the lights working apart from the full beam. I looked closely at the lights and found a crack on the top of the right hand headlight (handily noticeably unless you take a good look) the crack looked as though it was vandalism or a stone striking it on the motorway and had no visible openings. I honestly couldn’t say who that happened as they were no visible signs around the area of an accident.

    I called up infiniti to find out why the lights were in operative because it didn’t make sense to me how the crack affected the headlights from functioning as they should. It is worth pointing out at this point that I live in Manchester and it is always raining. I started calling up infiniti from 20/08/19 to 30/08/2019 6 different times and I final got an appointment for the 9th of September. Around two weeks from the date I tried to get the car in. I couldn’t wait any longer and took the car to the dealership to just have a look at it cause I couldn’t drive at night or anywhere in the evening safely due to the lights malfunctioning. Upon getting there I was told no technicians were available but a service advisor came out with me to just have a look at the issues with the car and said because at the time I brought the car in it was raining. He said it is probably due to water getting into the headlights affecting the light which didn’t really make sense but I said okay. The lights are a Led headlights by the way and he said until a proper diagnosis is run they can’t really say much but I will probably need to get a new headlight and he doesn’t think it will be covered under warranty as the damaged wasn’t due to an accident or stone hitting the car. He change a fuse at under the bonnet and that kept blowing up so he said it’s best to just leave the cap for the right headlamp open so the moisture from the lamp can go out/dry up. I then took my car away because they couldn’t look at the car then.

    I took it away and carried on using it waiting until the cars really started to malfunction with my speedometer resetting back to zero mid drive and my power steering cutting off mid drive alongside my cruise control and various warning lights flashing up on my dashboard. I waited for my appointment and took it to the dealer with a list of all the issues. And since the 9th of September my vehicle is still with infinti who are asking me to buy a new headlamp because the current one has so much water in it that it has damaged the wiring housing and that’s causing the other systems to malfunction including my steering because the lights are adaptive front lights. I responded saying I disagreed with the diagnosis and that this is clearly a design flaw for the breakdown of one component to basically make a whole vehicle undriveable.

    I have been in contact with the quality center and there are saying that I need to pay for a new headlamp first to see if that causes the issue. However my argument remains that this is a design flaw and either you ignore the front right light and fix the other issue or you take the car back as I have the car less than 4 months. They are saying they can’t buy the car back because it’s damaged and I can’t really take my car back because it is immobilised. Please advice as I am now just tired and really dont want the car anymore.

    Any advise would be much appreciated.

    Thanks
    Tobi

    • Hi Tobi. You’ll need to get a second opinion on your problems if you want to pursue the dealership/manufacturer further.

      It is entirely possible that the headlight damage was caused by a stone strike, and once you get water in the car’s electrical system then it can cause all sorts of other dramas.

  158. I bought a 2014 Focus from a Ford dealer in May and also purchased a 3 year extended warranty at the same time. On 6 September, the car wouldn’t start and it had to be towed to the dealer. The dealer had the car for 3 days, but, according to them, it started every time, so I collected it on 10 September. The following day it failed to start so was taken to the dealer again on 11 September. The dealer had the car for a week, but said that it started every time. I collected the car on 18th, but in the evening it wouldn’t start. I contacted the dealer and was told to take a photo of any message that came up. I sent this to the dealer and I’m awaiting a response. However, the dealer has already said that the warranty doesn’t apply as no fault has been detected. I also quoted the Consumer Rights Act 2015, but the dealer said that also didn’t apply in this situation as no fault had been detected. Unfortunately, I did not pay by credit card so I’m not covered by the Consumer Credit Act. Is this something that you would be able to advise me on?

    • Hi Kevin. It does seem curious that you seem to have the problem repeatedly, yet the dealer had the car for several days and “it started every time”. On the surface of it, it sounds like one of you is not telling the truth.

      The dealer is not obliged to accept your rejection under the Consumer Rights Act, which puts the ball back in your court to pursue the matter further. You are still inside your first six months, so as long as you can show there is a fault, it’s up to the dealer to prove that the fault was not present at time of purchase. If the dealer can’t find a fault or refuses to acknowledge that there is a fault, you’ll need to get a second opinion from another garage that you can take back to the selling dealership.

  159. Hi Stewart
    I bought a used Mercedes C200 from an authorised dealer. within a month the car had issues. Dealer fixed it and promised me that car ihas been returned to top condition. Since then the car has had two more engine/ battery issues and its not even 6 months. I have raised a rejection claim. Am i entitled to get full refund as the first major issue happened within 30 days? If the dealer discount the value do i have any legal recourse?

    • Hi Soumya. Your rights depend on the date when you reject the car, regardless of when the fault first occurred. So (for example) if you had a fault on the first day of ownership but didn’t report it for three months, you can’t expect a full refund like you could get if you rejected it in the first 30 days.

    • Many thanks Stuart for the reply. I noticed my insurance has got a motor legal protection. is there a fair value depreciation calculator I can refer to? The insurance company’s rule says they would only take on cases if there is a 51% chance to win. I spent c. 18k on this purchase and within last 5 odd months more than two months the vehicle has been in unusable condition because of issues. It has clocked c. 1115 miles and probably many are related to trips made during breakdown. I expect the dealer to refund me atleast c. £17k. Would that be fair?

    • Hi Soumya. There is no provision in the law for calculating usage or wear and tear, and depreciation doesn’t specifically come into the Consumer Rights Act. It’s up to you (or your legal representative if you are using your motor legal protection) to negotiate an acceptable amount with the dealership.

  160. I purchased a 2011 Corsa with 65000 on clock in July 2019. 3 days after collection, engine management light came on and I called out recovery. They faulted it as oxygen sensor and expressed concern that there were also disconnected and ‘blocked’ wires in engine. I advised the dealer of findings by email and took back for repair. They lent me a car for 3 or 4 days, disputed the sensor fault and said it was the thermostat which they then replaced
    Couple of weeks later, on way to work, the overheating light came on. I pulled over, noticed all coolant had disappeared (despite being full when I left home), and again called out recovery. I told him of previous issue and he believed it to be thermostat not opening properly, topped it up and advised me to ‘Possibly’ take to a garage as may need repressurising but should be okay to drive til then. He also mentioned wires and I realised dealer had not attended to them! I drove 2 miles to work and checked again once engine had cooled. All coolant gone again

    This time, I had it recovered back to dealer. He lent me a 15 year old car for 2 weeks whilst mine in for repair. For a third time, recovery agent expressed concern over the wires Apparently, it was Head Gasket which dealer apparently had to have repaired at his own expense as he had ‘forgotten’ to pay for a warranty as agreed at point of sale.

    Friday, I had to call recovery again as overheating AGAIN! My daughter and I were stranded on M42, late at night for an hour and I also had to pay £50 for a taxi to collect our friends from train station. There was no other way of getting them back to mine. For the 4th time, recovery expressed concern about the wires

    I contacted dealer who said he was ‘away’. I told him that didn’t matter as either he or someone else had to deal with me. I also advised that without a car, I could not get to work and would lose wages and possibly my job. He is well aware that as I have a long term health condition, my car is my lifeline and as I need quite a bit of time off work, for illness anyway, I was concerned that work could get rid of me on unreliability grounds

    I have had car 10 weeks and haven’t been able to drive it for 3. I sent him an email rejecting the car for a refund on grounds that overheating has not been solved and that, despite me advising him about wires on a number of occasions (which may or may not be contributing factor to overheating), he has failed to address it

    I have been, prior to Friday, driving the car and EXPECTING a warning light. It did sound rough on Friday morning so I had booked in for a service. Engine has been missing occasionally and I (and Friday recovery agent) do not believe oil or spark plugs had been changed, despite Head Gasket failure. I am also now tending to think that O2 sensor was a symptom of Head Gasket starting to fail. MOT advisory prior to purchase mentioned slight water leak which I also believe was a symptom

    Anyway, following my email, dealer then texted to say he was arranging for recovery Tuesday afternoon and another car to be dropped off and he would ‘sort’ when he got back

    I hope he doesn’t think ‘sort’ means another repair as I believe he has had ample opportunity to address overheating and wires. For someone who totally relies on their car because of health issues, who has only had use of their car for 7 out of 10 weeks as undriveable and for someone who is losing money at work, this is a major concern. I cannot keep ownership of a car that I do not feel safe and secure in and do not trust to ‘do it’s job’

    I have also spoken to recovery company who will be providing records to strengthen my case and when car is collected, I will be taking photos of wires and tell the garage recovery why I am taking photos

    The dealer does not have repair shop on his premises but uses a local garage. Not that that is relevant to me as I have contract with dealer not repairer

    To me, this is a basic open and shut case as car not fit for purpose and raised issues have not been dealt with properly, if at all

    What are my options please and chances of refund, even if I have to take legal action?

    Thank you

  161. Hi I bought a van for my new business and on the first run it broke down the dealer I bought it from is now refusing to look at it or acknowledge my messages I’ve had a mechanic look at it and at least 7 faults came up on the system am I going lose everything I’ve put into the van? Is there anything I can do?

  162. Hi Stewart, I bought a Range Rover Evouqe £17500, and I had a Road noise coming from the back drivers side door which I thought the window was down, But they found nothing wrong with it, Then I Found out from the Prevus Owner the Car was smashed on the Drivers Side and had a new drivers door and back drivers door and new wheeles, this might Explain the noise from the back drivers door, I asked the Lady where it was fixed and I went down to see them and asked if they had Photos of the car, and they showed me them I was total Gob smacked, The garage I bought it from said they didn’t know it had been in a smash, Know my Wife Doesn’t want to go in it, Where do I stand and what can I do if had the car about 8 months.

  163. Hi, I just bought a used car Wednesday and yesterday (Thursday) I noticed a horrendous knocking when turning left and right. I never noticed anything when on a test drive or driving it home and it’s not quiet that I could have missed it. But I don’t see that there is any justification to say that it’s my fault when something so significant has ‘appeared’ within 24hrs. Can you advise?

  164. Hello Stuart, My son purchased a vehicle from a dealer around 2 weeks ago which has broken down with a major electrial fault meaning it is undrivable. The dealershop is several hundreds of miles from where he lives. They have asked him to return the car to them for them to inspect. Who is responsible for the cost of getting it there?

    • Hi Michelle. If you are rejecting the car under the Consumer Rights Act, it’s up to the dealership to collect the car. However, if they refuse to accept your rejection, they will definitely be chasing you for the cost of the collection.

  165. Hi Stuart,
    Update on my Jeep Cherokee 2015….11.200 miles & its leaks.
    Took the car back to the dealers on the 10th. The service manager said they needed to varify my complaint but, they hadn’t space for 2 weeks & loan cars were not available.
    I told him the oil from the rear was dark coloured, he replied that that was strange. I then pointed out it had silver pecks in it.
    With that he called a technician in & told me to take a seat.
    2 hours later I was informed they thought they could see a hairline cracking in the diff but needed to open it up.
    He told me he would like the chance to fix it.
    He said once stripped I could look at it if I wanted but would keep me informed. I was told the car had a warranty……I knew this because I paid £300 for it! I agreed to this strategy & asked about the front oil leak. I was told it would have to be varified!
    Next day he phoned to say the diff had a spiders Web like cracking inside which was probably a manufacturing fault. I was told the whole unit would be replaced. I wasn’t given the chance to inspect the diff.
    I was led to believe the new unit would be there the following Tuesday & my Warranty would be used to pay for it.
    I asked about the front oil leak, only to be told it had to be varied!

    My questions now are, can I still reject the car?

    Secondly, surely they could have just run the engine & took the under try off to find the front leak so why say they have to drive it!

    Third, the fault was there when I had the car so why should it come off my warranty not their insurance.

    Then I was told they only drive the cars for about 2 miles, if they drive OK they are put on sale otherwise with the volume they sell they would never get through them. This is a Jeep, Alfa, Fiat & Syzuki main dealer.

    This has really unnerved me to the point I no longer want the car.
    I could really do with your advice on the above.
    Kind regards
    Dave

  166. Hi, Is car dealer having 72 hours replied to email policy? i want to reject faulty car (first 2 weeks, cooling fan and timing chain has gone) but i think he is replaying late to to pass first 30 days. /thanks in advance

    • Hi Tomasz. Once you have formally notified the dealer that you are rejecting the car, it doesn’t matter how long they take to get back to you. If you are complaining about a fault that is stopping you from driving the car, the clock basically stops at that time until the car is fixed and back to you, so there is no possibility for the dealer to avoid replying to push you past your 30-day point.

  167. Hi there,

    Recently bought a used car from a franchised dealership. Asked several times if the car had ever been repainted and was told that it hadnt.

    On closer inspection after taking the car home i have found that the front bumper, front bonnet and rear spolier have all been repainted.

    As i feel that this was not pointed out and would affect the value of the car can i ask for a refund?

    Regards
    Paul

  168. Hi Stuart, I exchanged my x5 for a 2015 jeep Ltd. I asked if all the updates would be done if any & was told it would all be updated & any recalls done, if required, whilst being serviced.
    I picked the car up on 4/9/2019. The morning of the 5th I noticed a damp patch beneath the rh front wheel. It had been raining so I paid no attention. On the 7th I went to my caravan in Wales. Upon my return on the 9th Sept I reverse parked as usual in a slightly dif fervent place on the drive. Upon getting out I noticed oil on the drive paving where I normally park both at the front & rear. I got under the car & lifted oil off the drive with my finger coming from the transfer box & engine oil from behind the rh front wheel. To me these leaks were there prior to me picking the car up from the dealer.
    Also there are no updates for the car from jeep (fca) & the satnav map is years put of date, & from what I can tell…can’t be updated. It will get you from one place to another but doesn’t know for example, where my daughter lives despite her housing estate being built in the 1960’same.
    Can I reject the car?

    Many thanks.

    • Hi David. You’d need to ascertain the nature and cause of the leaks to decide whether it would justify rejecting the car. The satnav being out of date isn’t really an acceptable issue.

  169. Hi.we bought the used car that was write that car is with no foults.but after 4-5 h.the car wasn’t starting.we contact the seller but they refused to do anything.do we have any rights

  170. Hi Stuart,

    I recently purchased a brand new car from a main dealer, upon taking delivery of the car I noticed a small but deep paint scratch in the drivers side rear door, I informed the salesman who was very apologetic and said told me to take the car and that I would have to bring it back in to be repaired.

    So I did take it back and the repair was done to a very poor standard, you can see where they have put masking tape on the door and sprayed up to it, there are what look like little lumps in the paint work all up the door and now looks like there is a dint in the door where they have sprayed. when I collected it yesterday I pointed this out to the salesman who again was very apologetic and has said I need to take it back to be repaired again.

    My confidence in the dealerships ability to fix this is wearing thin. Do you think I would have a case to reject the car? or would this action seem unreasonable? I have given the dealership 1 attempt to rectify the paint fault but they have made it look worse and an obvious respray. I purchased the car 15 days ago.

    Kind Regards

    Martin

    • Hi Martin. You’re obviously well advised to get professional legal advice on the matter, but I doubt that a cosmetic scratch is sufficient to reject the car under the Consumer Rights Act. You’re probably better served complaining to the dealer principal and the manufacturer’s head office about the matter.

      New cars often get damaged in transit and are repainted before a customer even sees the vehicle, so it’s certainly not uncommon for this to happen. However, the repairs need to be to the manufacturer’s approved standard.

  171. Hello,

    The dealership I bought my car from replaced my blown head gasket with a new one (in email) and now it is found that there is an oil leak from said gasket (video proof from manufacturer dealership). This is all within 6 months of purchase. Have also given in car to sellers for repair along with report from manufacturer dealership stating oil leak (email proof that report was seen). Oil leak still there obviously.

    Is this a case for rejection in court as sellers are rejecting my request for a refund ofcourse?

    Also how hard it is to go to court without solicitors?

    Thanks,
    Darren

    • Hi Darren. If you are within your first six months and their repair has not worked, you are entitled to proceed with rejecting the car. However, that doesn’t guarantee that the dealer will accept your rejection so you’d then need to force the issue via court proceedings.

      Legal proceedings are always difficult, especially if you don’t engage a solicitor but the other side does. I’d always recommend at least speaking to a lawyer first to assess your options.

  172. Hi Stuart,

    This is a bit of a long one but hoping you can offer some advice.

    I bought a Vauxhall Astra SRI (62 Plate) on the 10th of June on Finance. I drove it off of the lot (dealer in Manchester and I’m in Birmingham) and took it to my Mechanic for a full inspection to insure I didn’t miss anything – everything checked out. Approximately 3 weeks later it started making a ticking/tapping noise. This is the first time I bought a car on Finance and I thought that as it was my responsibility to repair it in the usual way, I should take it to my mechanic for them to have a look at it. The issue was that the sound was intermittent and it was difficult to diagnose when the noise wasn’t there as the diagnostic machine was not producing any error codes. After a lot of to-ing and fro-ing back and forth to the garage, they said they believed it to be a hydraulic valve lifter (tappets) issue and that it would cost circa £500 to fix. I got a second opinion and was told the same thing.

    I contacted the dealership and they told me to contact the warranty company to have it dealt with. After a very difficult process, I finally got the car booked in with a Warranty Preferred Garage and they informed me that they could not diagnose the issue either as the car isn’t producing any error codes on the diagnostics machine. Because of the original difficulty I had, I recorded the defect/ticking sound via video and voice note as evidence and so I sent the recordings to the Warranty Garage. They agreed that it sounded like a “misfire” and must be a tappet issue as they have seen it a lot with that particular make and model of car. However, the issue they say that they have is that the Warranty Provider will not authorise the repairs unless an error code is produced on the diagnostics machine. I questioned whether it was normal for a car with this issue not to produce an error code just because the tappet isn’t making a noise at the time. They said “to be honest” with me, they believe it possible that someone, having knowledge that it was an intermittent noise (which can disappear for weeks and then come back ad hoc) tampered with the sensors in order to prevent the car sending an error code which would mislead anyone buying the car into thinking it was fine.

    I phoned the Warranty company to inform them of the issue and they told me that I had to leave the car with the garage until they can figure out the fault. I contested this on the basis that I need my car to get to and from work (a 2 hour journey on public transportation which includes 2 buses, 2 trains and walking, which is why I have a car!) The warranty company told me that as the potential defect involved could lead to engine failure, if I took the vehicle and drove it, knowing it had a fault, and I made it any worse, they will not cover it – effectively forcing me to leave the car at the garage. They asked me to speak to the dealership to see if they would offer me a courtesy car which they expectedly refused to do.

    I went back to speak to the garage and they told me, they were not in a position to keep the car and test it until it developed a fault as this would have liability implications for them should the engine fail as a result of their continued testing. They said it is just not something they do. They advised me to call the finance company and simply send the car back for an exchange of a like-for-like vehicle or get the finance company to return the car and source another vehicle from elsewhere. I have now raised a complaint with the Finance company as I am “not allowed” to drive the car and am without a courtesy car to get to work and I feel (based on history that I have left out) that the Dealership is proving itself to be unprofessional and unreliable. I told the Finance Company that I want the car rejected given the circumstances and they said they would look into it.

    They have now told me that they have spoken with the Dealership and they will be contacting me to discuss a resolution (but in 5 days because their after care sales team has somehow disappeared mid-week and won’t be returning until Monday – how convenient) which I believe is unacceptable as I am still without a car to get to and from work and will be complaining to them again today). My question is, do you think I have sufficient grounds to reject the car particularly considering the suspected fraudulent element, or am I obliged to allow the dealership or the Warranty Company to attempt to repair it (if they are willing to without confirmation of the error code which I do not yet have confirmation that they will even do) and also, whether I should be entitled to a courtesy car from either the dealership or the warranty company (the dealership has said they do not offer courtesy cars under normal circumstances which I do not think this is and the warranty policy wording suggests that I am entitled to compensation towards the cost of a hire car if my car cannot be repaired within 8 hours [the Warranty Claims Handler did not even reference this at ay point] but that is subject to a valid claim being accepted and at present, because there is no error code, I do not think it is technically a valid claim as yet).

    Please help! Any advice would be greatly appreciated.

    Many thanks,

    Ash

  173. Hi Stuart,

    I bought a 1993 Range Rover 3 weeks ago. The advertisement described that the radio and one of the automatic seats weren’t working as well as a scratch and dent on the outside. It didn’t mention anything about cruise control, electric adjustable mirrors, suspension and A/C (only blowing air but not cold) not working. Do I have any rights to claim compensation or claim repair cost for this or have the right to reject the car? The dealer is located more than 6 hours driving from my location though.

    Thanks for your help.

    Best,
    Fred

  174. Hi Stuart, thanks for this free service, it’s much appreciated.
    We bought a VW Caravelle minibus from an independent trader in May. After 5 weeks of very light use an oil pressure warning light (Oil Pressure Warning; Switch Off Engine) came on. The oil level was higher than the top of the dipstick. I notified the dealer and we agreed that I could look for a garage local to me to diagnose and repair any issue. The local garage was unable to diagnose the problem but said there was 1 litre too much oil in the sump, and after an oil change I took the vehicle away.
    After driving 150 miles the problem came back, warning light and oil level, and I cut short our holiday to return the vehicle to the dealership.
    They attempted a repair via their local garage but said they could not find a problem. They concentrated on the DPF warning light which had also come on.
    Before I could collect the vehicle again they told me they had to take it to a VW workshop.
    When I called the VW workshop I was told that no mention was made of the oil pressure warning and oil level, just the DPF.
    I took the vehicle back from the dealer unhappily and asked what would happen if the warning light came on again, to be told that I’d have to bring it back. We drove it 150 miles and the light came on again and again there was too much oil.
    I told the garage I reject the vehicle as we have been unable to use it and want to return it for a refund, and they have denied the rejection. I have taken the minibus to another VW workshop to try to identify the problem and establish the cost of a repair. Am I entitled to a refund of the full sale price? Am I also entitled to the cost of establishing the problem exactly in light of the dealer’s inability?

  175. Hi Stuart – I’ve bought a car on line based on the description given in the advert and my conversation with the dealer – Its been delivered to me and I now find the history is patchy, but was described as “fully documented” Dealer made a claim that the car was service every x thousand miles, but the invoices do not support this by some way, also told me there was just one minor fault with the car which is not the case – specific points I asked about were confirmed as OK, but are in fact faulty.
    He has tried to claim its a “trade” sale with no warranty, and his invoice states its “excluded” from the distance selling regulations – I’m fairly sure you cant just exclude something and I plan to reject the car as not as described. Am I within my rights?

  176. A friend purchased a 2nd hand car, 3 years old from a car supermarket. A major engine fault was diagnosed 6 weeks after purchase.

    I understand this can be rejected within 6 months but my question is that if the fault was recorded on ecu before the 3 year manufactures warrenty but not noticed until after this is the original manufacturer responsible to repair as the fault occurred within 3 years?

  177. We purchased a vehicle on 31 July 2019, on driving it home we noticed that it had problems with the clutch arrangement it’s actually an automatic car but with a manual gearbox (Tiptronic), the car was juddering quite badly on low revs.
    I called the company the very next day Informing them of the problems, there was four in total. Returned the car on the 1st of August 2019 with a list of the 4 things that was wrong, they had the car 5 days and told me it was all fixed, after driving the car home the gearbox juddering was still there, I rang them back explaining this, the earliest they could book the car in was Wednesday the 14th of August 2019. A mechanic from the dealership took the car out on a test drive before getting off the sales pitch the problem was there, the mechanic’s diagnosis was that it requires a new clutch and other parts. That’s the short version.

    Now they try to put us in another car. All the replacements were much more expensive cars than we’d had budgeted for And they couldn’t find one to meet our requirements, so we asked him to make us whole, flatly refused stating we have to give them the opportunity to put the car right,

    The car has done 78k
    On the 1st of August 2019 we return the car back to the dealership and we done less than 50 miles at that point, most of that was going from the dealership to home and then from home back to the dealership.

    Wednesday the 14th August 2019 the car was returned to the dealership and we done less than 250 miles at that point, most of that again was going from the dealership and home and back again has they invited us to look at other cars.

    The car Obviously has a major defect that backed up by their own engineers report, so surely that’s grounds to reject the car.

    We was badgered into letting them fix the car. I might add we do love the car It’s exactly what we need and want, but it’s got a major defect and list of faults, The car isn’t drivable especially in queuing traffic, one can’t parallel park the car because it’s juddering that much, to me the car is not fit for purpose but still they refuse to let us reject the car.

    • A dealer is not obliged to accept your rejection, which puts the ball back into your court to take it further. You can try the Motor Ombudsman Service, but it’s most likely that you’ll need to engage a lawyer to act for you.

  178. I bought a new VW in March and 28 days later a potentially dangerous fault occurred (stalling on coming to a stop). It appears that the problem occurs only when the engine oil temperature is high which occurs only when the weather is warm or the car is driven hard, so the underlying problem would seem to have been there all the time. However, as I was running the car in and therefore not driving hard, and the weather was cool until the day of the problem, the fault hadn’t occurred earlier.

    A few days after the fault occurred, I called VW Assist and a VW technician (not a normal AA person) came to my home to look at the car. He did replicate the fault and this was documented on his worksheet. The car was immediately taken to my local VW dealer who couldn’t replicate the fault, probably as the weather had turned cold again.

    The fault re-occurred in late June and the car was taken to the supplying dealer. They can replicate the fault and it has been raised with VW.
    However, the cause of the fault cannot be found and it seems that VW may be floundering around, asking the dealer to perform various tests and replacing different parts in the hope that they will fix the problem.
    In addition the dealer has found swarf (described as metal filings) in the oil sump and the camshafts are to be replaced.
    I fear that in the unlikely event that the new camshafts fix the problem, the swarf may have damaged other parts of the engine (e.g. scoring components or blocking oil passageways) and it could cause problems in future years.

    The car has now been with the dealer for 3 and a half weeks plus 3 days with my local dealer in March.

    My local dealer in March couldn’t replicate the problem but would this still count as the “one” attempt to fix the problem?
    The current dealer is viewing this as their “one” chance to fix the problem but what is your view about this and as to how long I have to give the dealer to fix the problem before I can reject the car?

    Many thanks

    • Hi Paul. If you haven’t formally rejected the car under the Consumer Rights Act, then the dealer can argue that they haven’t used their one chance to repair the fault. If you are relying on the Consumer Rights Act, you need to reject the car first and then the dealer has to have the opportunity to fix the problem.

  179. Hi any advice would be great. I brought a car through a finance company. No faults were expressed to my knowledge. As I was aware perfectly safe car for myself and children.
    On the first day off the forecourt, I had a problem. I quickly called the company and it was taken in the next day to be resolved. And since then I’ve had another 3 major issues the last one being it breaking down while in traffic and having smoke come out of the bonnet.
    This was on a Wednesday and it’s now Saturday and still in the branch even though I’ve been told it’s been repaired and safe I’m suffering panic attacks and refusing to drive it as this is more than once I’ve had issues I’ve told the company that there was something wrong.
    I wish to reject the car due to the faults (now resolved) but I’m seriously having fears this is impacting my health. I’m still in my 30 days as this is literally just 2weeks in and this is the 3rd time it’s being in the branch. But they are now looking to refuse.
    What can I do? As I was told its sold as seen and had scare tactics from this company already. Can you help? Thanks.

    • Hi Stephanie. If you agreed to the dealer fixing the fault and the fault has indeed now been fixed, you no longer have the right to reject the car as faulty under the Consumer Right Act. If you wanted to reject the car, you should have done so before the fault was fixed. If the fault reoccurs within the first six months, you will be able to reject the car.

  180. Hello i bought a used car 13 days ago from a small used car trader car sales place. I drove the car 8 days thrn broke down. Care wouldnt start. I take to garage diagnostic fuel injectors. I got a 3 month warranty with car but only covers 300 pound claim limit. The ad did say 12 months MOT and drives perfectly. What are my rights can a take the car back to trader car sales place. I have already notified them i vroke down and was getting the car diagnostic done. I paid for diagnostic. I have invoice but nothing says sold as seen. Thankyou for your help

    • Hi Andrew. Your rights under the Consumer Rights Act are the same for a used car as for a new car, regardless of age or mileage. The only difference is the expectation of what is acceptable for a new car compared to a used car. However, even for the cheapest used car sold by a dealer, you’d expect it to run for more than eight days.

  181. Hello,

    I purchased a car from an Independent trader on 1/6/19 and unfortunately was not aware of the 30 day rejection period, I only notified the trader on day 31 there was an issue and this was because prior to that I had been chasing them for the MOT sheet, so did not want to mention the problem until that was received. I have been informed that my car has a problem with the piston rings due to all of the blue smoke coming out of the exhaust and it failing the emissions test plus it is burning oil excessively. We are now without the use of the car and the trader will only accept part liability. We did have a bronze warrantywise cover with this car for 3 months but again, I cannot complete the warrantywise sheet as the garage cannot give me a final cost for repairs without stripping the engine down which is going to cost £450. They advised this problem would definitely have been there at time of purchase due to it only being just over one month since having it, but the trader just keeps saying he needs proof of the fault and cost for warrantywise and then between warrantywise, him the seller and me the owner will have to work it out. I do not expect to pay for a car then have to pay further costs for a major engine repair which is unfair, plus not worth the money.

    I would appreciate any advice you can give me on whether I could prove the fault was there when purchased as I have been advised my numerous garages it would have been but obviously not paid for the engine to be stripped down as yet, as they are all saying it is definitely the piston rings.

    Kind Regards

    Wendy

    • Hi Wendy. Since you are now beyond the first 30 days of ownership, if you reject the car under the Consumer Rights Act it is now up to the dealer to prove that the fault wasn’t there at time of delivery rather than you having to prove that it was.

  182. Hi Stuart,

    I bought a car in october 2018. 4 weeks after purchasing the car, i was advised that it had had a reconditioned engine put into it september 2018. I was not made aware of this at the point of sale. There was no paper work with it and the company who i purchased the car from are not interested at all. The engine has since developed an fuel injector fault, which turned out to be a faulty seal. I had this replaced.

    2 weeks ago, the injector blew. Rendering the car useless. I have since had it replaced. When it was replaced, the engine was started and it blew the injector out of the bracket immediatley. The engine in question had 59K on it when i bought the car and i have since put 11K on it. I am now being told i need to purchase a new engine for my car…… so for a 63 plate car to have 2 engine replacements in 9 months is unheard of i believe…. can you assist? do i have grounds to reject the car, do i have grounds to take them to court…. i was never made aware by the garage that a reconditioned engine had been put in the car.

    i am looking at costs of £2000 to put it right and i do not feel i am liable for the cost. The garage in question are unwilling to assist and the finance company are also not…. I feel i have a good case here as if the engine was not faulty at the time of sale, surely the garage would want to assist and not push me away and not want to deal with me becasue i know it was faulty…..

    any help would be greatly appreciated.

    Jack

    • Hi Jack. It’s not illegal for a dealer to replace a broken engine on a car – it happens quite a lot. They also don’t need to disclose it unless you specifically ask about it.

  183. I bought a Mercedes 2010 three months ago. When buying the car I rushed into things as I trusted the dealer. I was told there was only one previous owner. I wanted to sell the car to make profit so when the first customer looked at the car he noticed an oil leak coming from turbo last month I rang him, the car dealer, for the service history and he said there is none and not to worry as most of his cars come with no service history, the only problem is how am I supposed to explain that to potential buyers also.
    I’m a bit worried about when last it was serviced he did say over a month ago he would print me out the service he done to it but it looks worthless. When I said it to his co-worker the other day about the history he said he was not left to tell me information about the previous owner which I didn’t want to know I just wanted the history not any information about people, he then stated that the only reason there were five previous owners on the logbook is because the last owner and his wife didn’t want to pay the tax and kept changing names to avoid the tax.
    Now I’ve realized the car was imported from the u.I I’m the sixth owner on the logbook no service history whatsoever and a leak in the turbo which he said was normal. Can you please help me out as I paid 9500e for the car which seems worthless and I was also misled about what I was buying of he lied about the previous owner what else is he hiding I never got a receipt there is a warranty but I never received paperwork to prove it all I did was sign my name and sign the logbook I didn’t notice how many previous owners until nearly two months later.
    Have I any chance of getting satisfaction or is it my own fault for not asking for the service history? I thought it would be in the glove box and if I knew there were five previous owners I would not have purchased the car why would he lie about previous owners and why would the service history be missing. It was in his garage for 7 months before I bought it I’m totally lost here. Thank you hope you can help me

  184. My Skoda Karoq SEL 1.5 TSI has a repeatable and significant defect. It has an extreme and potentially dangerous kangarooing when pulling away in first gear, especially with a cold engine. The car stalls if excessive revs are not used and the car is reluctant picking up in second gear.
    Many people have the same problems and have rejected successfully.
    I am required to provide one opportunity to resolve the issue. My car was booked in to be seen on 3rd July 2019 but I was told by the dealer 28.6.19 not to take my car in as there was nothing they could do.
    After I had sent a rejection letter to the dealer they have offered an rpm and idle control update they would like to try.
    Volkswagen has acknowledged the problem publicly, have no fix and no date of when a fix will be available.
    If I don’t accept the update, does that affect my rights to reject, or does the fact that they told me not to take car previously count as their one opportunity?
    Please advise, thank you

    • Hi Karen. If you are rejecting the car under the Consumer Rights Act then, since you have had the car for more than one month, you are required to allow the dealership one attempt to fix the problem. However, you can negotiate directly with the dealer or Skoda UK outside the Consumer Rights Act since it is a publicly-acknowledged issue.
      I believe that other owners of Volkswagen Group vehicles with the same engine have successfully rejected their vehicles, but I don’t know the details.

  185. Hi Stuart.
    We agreed a price and put a deposit on a car and were told it would be ready in 1 month.
    The car is cat S and they are a Saab specialist dealer/repair with a good reputation and we were assured the car would be repaired to an excellent standard.
    3 months later we finally got a text to say the car was ready so we went to see it.
    I noticed the poor paint finish before I even got out of my car!
    The colour match is terrible and it’s mostly orange peel effect.
    The wing and bumper have been replaced and on close inspection the shut line between the door and wing is way off, it looks like the inner wing is bent which is part of the crumple zone.
    We then started the car and it sounded terrible…
    Rattling and shaking, nearly stalling, sounds like the big end is about to let go!
    And lots of other little bits that are just bad workmanship.
    They have said they will get the paint redone and fix the engine and I’m still waiting to hear what they have to say about the fact that it’s BENT….
    Obviously we’re not happy. I can’t understand how they expected us to drive away in it.
    We now have been told to wait a week for the body shop guy to return from holiday before we can move forward.
    My question to you is who would I need to contact to get the car checked to see if it is bent/dangerous and what do you think is our best move from here to move forward and get our money back?
    Clearly, even if they do the repairs again we have lost all confidence in the car and the company.
    Hope to hear your reply soon.
    Kind regards Steve.

    • Hi Steven. A Cat S rating means that the car has suffered structural damage, so there’s every chance that the chassis was bent – even if the vehicle has been repaired to a safe level. The flipside to that argument is that you knew you were buying a Cat S car so you have to accept the possibility that the car is not going to be put back together to the same standard in which it left the factory, although it should not affect the safety of the vehicle.

  186. Hi Stuart,

    I bought a car from a dealer on 01/04/2019. I purchased on finance with a distance contract, and had the salesman provide a written description as to the condition of the car and was advised of a few scratches, scuffs to wheels etc, expected of a 39 month old car with 42000 miles.
    Now a few months later (reported 08/07/2019) rust has become evident on the rear quarter. Not to worry I thought, the car has 12 year rust warranty, however after having it inspected, the car has had a replacement rear quarter at some point in its life, and the rust is a direct result of a poor weld in joining the panel in so the warranty won’t cover it. Do I have grounds here to reject the car? The car isn’t a write off. In my mind, the car isn’t as described nor to a satisfactory condition. Now the rust has started, it will only get worse, and I’ll be left with a car with a rotten rear arch by the time I’ve finished paying for it. The dealer has refused to repair.

    • Hi Chris. As you are within your first six months, if you are rejecting the car under the Consumer Rights Act then it’s up to the dealer to prove that the faulty wasn’t there at point of sale rather than for you to prove that it was.

  187. Hi Stuart, I bought a new Nissan Micra N-Sport 117 on 2nd March 2019, 247 miles and 6 weeks later on April 14th it developed a fault, because it is a new engine, just released they did not know what the fault was, So working with Nissan technicians they eventually, after 2 and half weeks, changed a solenoid , I drove it home and the same fault occurred again, I returned it to the dealer and after a further 3 weeks of testing they found metal filings in the oil, therefore it needs a new engine,
    They ordered the engine and necessary parts which arrived end of May, apart from 2 seals which are critical for fitting the new engine, After 7 weeks I was informed by My Nissan customer services case manager that they cannot find these seals and are now looking for an alternative, that was nearly 2 weeks ago.
    I phoned the finance and they said that as its a warranty issue I have to get Nissan to phone the dealers and negotiate to get a replacement car, as the one I have is not fit for purpose, I have asked the case manager to reject the car and give me another one but have heard nothing back.
    Where do I stand on this? Who is responsible for reimbursing me or providing a working car?

    Kind Regards
    Shaun Bowen.

    • Hi Shaun. If the car is under finance then you still need to reject the car to the dealership, but the dealer would then refund the finance company for the relevant amount of money and the finance company would then reimburse you for whatever you are owed.

  188. Hello Stuart, I bought a 2 year old car from an independent trader and was happy with everything until we came to tax the car. It sounded very high, in the region of £500 per year, but the dealer brushed it off saying it must be because it’s a petrol car. It wasn’t until I got home, thought about it and did some research that I tracked down the car was originally over £40k list price, and therefore the majority was due to the new VED changes brought in 2017. I challenged the dealer on this, but they said it as entirely my responsibility to know this, therefore my problem, whereas I feel they have some responsibility here to know this and advertise the car to me with all the facts. I accept it may have been an honest miss, but at the very least would have expected them to meet some of these unexpected additional costs rather than simply dismissing them, do you believe I have a case?

  189. Hi,

    I purchased a Jaguar F-Type from a jaguar dealer. It is 6 years old but had only covered 14000 miles from new. It had a vibration from when I purchased it and I put the car into the companies nearest dealer to me. They thought it was wheel balancing which I was happy to accept. The vibration is still there and now they say it is not covered by the Jaguar approved used warranty and want to charge me £450 to investigate the issue, they think it could be the prop shaft out of balance. I am disappointed to have purchased a Jaguar approved car with a Jaguar warranty to receive this news. Any advice please?

  190. Hi
    I purchased an ex-demo Ford Edge in June 2018.
    After 2 wks I had a battery drain problem and was told by the AA to run the vehicle to recharge. This is a recurring fault that they are unable to find and is now back in fords for the 5th time.
    It has also had powertrain faults and was sold with the wrong manual keys meaning for a whole year have been unable to enter the car manually during battery drain fault.
    It also has a faulty boot that they also say they can’t find the problem with. I have no faith in the car I paid cash but, in my opinion, it is not fit for purpose please advise on my rights to a refund or like-for-like replacement
    Ursula

    • Hi Ursula. You’re well outside the first six months of ownership where the law works in your favour. If you want to try and reject the car more than a year after purchasing it, I’d suggest speaking to a consumer lawyer who can help advise what your chances would be.

  191. Hi Stuart,

    I bought a car from an AA registered dealership on the 15th June 2019. It’s a 2004 Volkswagen Golf Mk5 automatic with high mileage. I’ve had high mileage older Golfs for years and know their quibbles. The dealer test drove it with me and sold it to me with PX of my old vehicle.

    When we picked the car up with the full payment, as we were sorting out road tax so I could drive away, a colleague came in and said “we test drove it and all is fine. But there was a loss of power at the lights. It looks like we need to replace a fuel pressure sensor. The guy who sold it to us gave us one. Bring it back on Monday and we’ll fit it for you”.

    As I drove it home, I stalled three time due to this loss of power. I took the car back on Monday and the sensor part didn’t fit. They said they would locate a new one and call me. This was 3 weeks ago. I’ve called them 4 times and keep getting the “we are trying to locate it”. I took it back to them and they are very hesitant to do anything on this car.

    Since that time, the car has stalled going 60mph on the motorway, stalled on roundabouts, stalled while idling. Along with this, there is a significant drain on the battery (leading to a total drain in under 4 hours). I’ve had the AA out 3 times, replaced the battery at my own cost, and now had to replace the fuel relay at my own cost (today, and the car is still stalling). The garage (also AA approved) said the oil warning light comes on repeatedly and advised me to take the car back to the dealer as there are many, many things wrong with the car.

    I’m not expecting a perfect car. What I do expect is a car that runs properly and is safe. I’ve tried fixing the car on my own cost but now I just want a refund.

    I’m about to leave to another part of the country next week, so have very few days to fix this issue.

    What do you think my chances are? I’d appreciate any help…

  192. Hi Stuart,
    Long story short. I bought a used car from Vauxhall on 25th April and in the 3 months of ownership, it has been back to them 5 times for a total of approx 25 days for various faults that keep occurring. The first time was 4 days after I brought it home. It’s now back with them again.
    Due to all the issues, they extended the warranty.
    This time around, they said they collected my vehicle as a ‘gesture of goodwill’ and stated that they don’t have to look at it at all.
    They have also ignored my various emails and requests for the vehicle history of work that they have completed and also a record of work they have done up to now whilst I have owned it. They agreed to provide this.
    Firstly, I don’t want to reject the car but I have not stopped returning it since I brought it home. I’m not sure where I stand.
    Also, can they refuse to provide a record of the work they have done?
    Thank you
    Kim

  193. Morning Stuart,

    We bought a Jaguar XE for £14000 from a big car dealer, we put a BMW 1 series in exchange for £3000 and a £200 deposit. So therefore got finance for £10800. We rejected the car after many issues and the happily bought it back as we purchased another from them. We have just received a letter from the finance company to say they have paid the £10800 finance but we have to pay £3255 interest ???? We only had the car 26 days of which is was in a garage for 14 dAys of that. Because they bought it back from us and we purchased another car we set up another finance agreement, so blackbhorse are now saying we have 2 agreements open with them.

  194. Hello Stuart,
    I bought a car last week and was never told by the dealer that it was a Cat s. The V5c was not given because he said he was going to send it via post and never had it. I have just checked and found that it is Cat S and I don’t have full details of whatever damage it was before it was repaired. I don’t want to risk it and therefore have asked the dealer for a refund since I have not also used the car or registered it yet. He has refused and claims he did advertise it as Cat S which was never on the Facebook advertisement where I saw it. Who would I contact and how can I get out of this. I am still within 30 days. Please advise. Thanks

    • Hi Trish. If you are within 30 days, it is up to you prove that the car was mis-sold, which means you will need to have the original advertisement that makes no mention of the car being a Cat S write-off.

  195. Hi Stuart!
    I really hope that you will read my message and reply as I am really desperate.
    I bought a car from a dealer in Feb 2019 (car finance BMW 65k mileage with guarantee as well), everything was fine within the first 2 weeks. After 3 weeks the car started to have issues with the injectors and the gearbox. I went to the dealer, they kept it for a few days saying that the car doesn’t have any problems. After one month I had again an error message regarding the gearbox and it was not running smoothly. I called them again, they said that is nothing wrong with the car. I paid around £300 to BMW dealership and a private service for a full diagnosis and they gave me a full invoice of almost £5000 with the issues that the car has(gearbox and the injectors are the most expensive). I made a complain to the finance company, after probably one month they sent an independent expert to check the car. According to his report, the car was not in a safe condition to actually drive it to test it. ( full report provided on email). Now, after the finance company sent me to leave the car to the dealer to check it again , I had the same outcome. The car doesn’t have any issues! Please advise me what to do next, I’m desperate as I don’t know if someone can help me. Thank you in advance!

  196. Hi Stuart,

    I just bougt a Mini Cooper S from a dealship in Birmingham, I myself live in London.
    I took a train to go see the car, everything checked out, the HPI check, and all the checks I did on the car whilst at the dealership. My only problem was that I don’t yet have my full license so had to leave the car there. I paid just under 4k for the car and left the car there advising the salesman that I would be back to pick the car up the next week.

    Now the next week I called the dealership to let them know I was coming to collect my car, but was told the car had now developed a fault and would not be ready for me to pick up. They suggested that the car would be sent to a garage to have a part replaced and would be back in the dealership by mid week. So I said fine and advised that I would have the car picked up on Friday. Friday came and I took the day off work and hired one of those car transport services to go and pick the car up and deliver it to me. So the transporter guy arrives at the dealship I speak to the dealer and he advises me that I need to pay £110 for an administration fee, I say fine and transfer the money to the transporter guy so he can hand it over as they advise it can only be paid in cash, so he pays them.

    I then get a call telling me that the car won’t be ready and I should tell the transporter guy to leave because the car is still in the garage and the part they ordered was wrong, and they will have to wait until Monday to get the right part. At this point alarm bells are starting to ring but I say ok, I will call them on Monday to see where we are so I can have the car collect.

    It is now 2 weeks since I ventured to this car dealership and I still don’t have my car, I just want to know where I stand on this, can I ask for a refund and will the law be on my side?

    I’m starting to get a little edgy as I may never see this car, can a car dealer do this and get away with it?

  197. Hi Stuart,

    Appreciate any advice you can give me with my issue. I purchased a brand new factory order vehicle from BMW directly via their dealership in London under what they call a ‘Direct Sale’. This meant that whilst all the intial paperwork and payment was done at the dealership, delivery was made to an address of my choosing.

    They asked me to inspect the vehicle upon delivery and to make a note with the driver of any damage to the vehicle. This I did as we found a paint chip on one of the doors. This however is not the issue and they are going to sort that.

    My issue is that, less than 48 hours later, on a Sunday, I’ve found some scratch marks on the leather inside the vehicle (albeit quite minor but still means the vehicle is not in a ‘brand new’ condition). I immediately sent them an email and contacted one of the managers via whatsapp. They called me today to say that, because I signed off on the delivery form that the interior was ok, they are not going to rectify this fauit/defect.

    IMO, this is fairly unreasonable view to take, as that effectively means that i’m having to inspect the vehicle down to the smallest detail and effectively means that I am signing off a detailed inspection of the vehicle. Which I obviously was not. They also did not categorically state that there is no recourse if a defect is found after delivery. The defect is also not in an area that would be touched (seat/armrest etc). It’s located where the plastic trim meets the leather.

    Is it as simple as that? I’ve signed off and I have no recourse on the matter? I would be surprised if it is so but een to know your thoughts on my situation.

    Thanks.

    Nick

  198. I purchased a brand new MG ZS in October 2018. I have noticed that rust has started to appear but in many places not just one. Now I know I need to speak to the dealer 1st but I should not have rust let alone the many spots on different panels.

    Where do I stand on the over 6 months part (if I need to go down this route) as clearly this is a hidden fault that I could not have know about before. This to me says there will be more problems going forward?

    • Hi Glenn. Rejecting a car more than six months after purchase is much more difficult, as the onus is on you to prove that a fault was present at time of purchase. Your new car warranty is probably a better way of having the problem fixed.

  199. Stuart, good afternoon,
    I have recently won in courts and finally after using the high court bailiffs got all my money back from a car dealer for selling me a dodgy car, however I still have the vehicle in my drive and despite sending him letters to say he needs to come and collect it he has not replied!?
    I was wondering where do I stand with just getting rid of the vehicle? Ie scalp or parts?
    TIA, Adam Busby

    • Hi Adam. I’d start by sending him notice that you intend to start charging him for storage every day if he doesn’t collect the car within seven days. Of course, he’s not likely to pay that, so after seven days start sending him invoices. He still won’t pay but it may trigger him to collect the vehicle. Alternatively, you could get a lawyer to write to him and demand its immediate removal, advising that you will have it removed and bill him for any costs. Legal letters from solicitors tend to work better than letters from private individuals.

  200. Hi Stuart,
    We purchased a car on finance, examined it and signed the handover document. Whilst the car was being brought round for us to take away, it was drove into by another car. We had not been given the keys or even sat in it. There was no structural damage only severe damage to the door and wing. They are fixing it, not going through insurance, but we now feel like we are buying broken goods. If you bought a vase and after paying for it, the cashier dropped it, you expect a new one or a refund.
    Where do we stand on rejecting?

    • Hi Andrew. Legally, the dealer probably does not have to accept a rejection if the damage is only superficial (eg – panel damage). You’d probably be surprised to know how often this happens to brand new cars between leaving the production line and arriving in your driveway.

      You can certainly push for a rejection, but don’t expect the dealer to roll over and agree to it. But you can probably use it as leverage for some sort of compensation, such as a couple of free services or other benefits.

  201. Hello Stuart, I took a car from a dealer 7 days ago. Day 1 returned the car as was making screeching sound from turbo.
    Was told is a small air leak on pipe.

    Then collected the car again 2 days later

    Same issue was present

    Garage told me to bring it bback again

    Have since discovered via another mechanic my timing chain is slipping and not to drive the car as is going to snap.

    Also excess oil in engine suggesting a possible cover up attempt to suppress chain rattle.

    I have only drove the car 2 days out of the last week.

    I have report from other mechanics with issue of chain rattling and potential repairs of 2k plus.

    Also have had battery issues

    My attempt to reject the car was met with a get lost.

    Has admitted there is a fault but will not agree its a timing chain.

    Wants to now get own garage to diagnose the issue

    I have left the car with them and sent an email stating I reject the car.

    Can I persist is a refund as I don’t feel the car has been sold in a satisfactory condition

    The problem was not noticed by me as I am not a mechanic and only had the chance to properly inspect the car when I took it away from the garage.

    Any thoughts

    Thanks

  202. Hi, I’ve just stumbled across this post while trying to suss out how to deal with my issue with a new car. The issue is that an electronic device in the car is emitting a high frequency tone whifh can only be heard if you have sensitive hearing. Which my wife does and a few others I’ve asked to have a listen. The issue is present in 2 other cars at the dealership that my wife sat in while they inspected ours but the company are refusing to call it a fault as we’re the only ones. I’m now 3 weeks into a back and forth with the customer services department. In that time I’ve identified how to hear if the noise is present for people without sensitive hearing but the company wont run the test on any of the other vehicles as they know that then makes it a common fault. They only have one possible solution they want to test on our car but I’m reluctant to waste anymore time on a possible solution 3 weeks down the line and have asked they do the possible test on one of their own cars before wasting anymore of my time. I wondered if you had any advice on whether I have a right to a refund? Its now 22 days since the car was purchased. My wife hasn’t driven it for 2 weeks and her tinitus caised by the noise is just waring off.

    • Hi Joe. I’m not sure that you’ll have much luck arguing that a high-frequency tone constitutes a fault with the vehicle, especially other similar models do exactly the same thing. If it was only your car that did this, and identical cars didn’t, you might have a better chance.
      Your best bet is a good lawyer who may be able to successfully argue your case to either the dealership, the manufacturer or (if necessary) a court.

  203. hi Stuart
    iI purchased a new kia sportage in january.The gear change is very notchy and loud when changing gear and the panoramic roof creaks.I reported it and took it in to kia who admited the gearchange wasnt right so it was booked in for further inspection .It was in the garage for a week but was the same when i picked it up so it was booked in again.Whilst waiting for the booking i called in to tell them i wanted to reject the car.The service manager ask for another go at fixing the issues and if i wasnt happy they would look into replacing the car.Also spoke to sales manager who drove the car and agreed that there was afault and also said if i wasnt happy after another attempt to repair it that he would look into replacing the car.The car was in for almost three weeks but was just the same ,the roof was slightly better.Ive been intouch with the finamce company{the car is on a pch}throughout .The problem is the finance company say kia are saying there is nothing wrong with the car.The finance company then told me to take it to a independent garage to have it inspected but said it had to be another kia dealer?Up to now its been in for another inspection and the technician also said it wasnt right and would like a go at repairing it.can you advice me on were i stand now a if ive done the right thing letting them try again.Im really angry at the way weve been treated by bolton kia as they been of no help what so ever and was even told that if i wanted a car that doesnt without creaks i should spend £200000 and buy a bentley?

    • Hi Mark. Within the first 30 days you are not obliged to accept a repair if you are rejecting the car under the Consumer Rights Act, but the dealer is also not obliged to accept your opinion that the fault is worthy of a rejection.

      Another Kia dealer may give you a fair opinion – they won’t be the ones out of pocket in accepting a faulty car back at full price, so they have nothing to worry about.

  204. Hello
    I bought a car from an approved Skoda dealer. A couple of weeks after buying it we noticed the whole front bumper had been resprayed, badly. On fearing we had bought a Cat* write off we did a HPI check and found the car also had outstanding finance. We were in discussions with Skoda Uk regarding some other issues (service record wasn’t correct online) and told them of our findings. They lead us to believe that they would sort out the problem as a good will gesture. After 2-3 weeks of back and forth they have now told us that the car was sold ‘as seen’ and legally they are not obliged to resolve the issue. The main dealer has also now resolved the finance issue and blamed the finance company for an admin error. We just want the car front end resprayed properly. Where do we stand with this? If they won’t play ball, can we reject the car? (we have 3 days left before 30 days are up but to return the car would take us over their 30 day/1000 mile return policy. Skoda also state that the return policy applies to mechanical defects only). Are they right? Are we stuck with this car now? Did they even have the right to sell it to us in the first place?

    • Hi Charlie. Skoda’s return policy is completely separate to your legal rights under the Consumer Rights Act 2015. You need to be clear about whether you want to return the car under Skoda\s policy or reject it under the CRA.

  205. Hi, I bought a second car in Feb on finance which broke the day I drove it off the forecourt, I asked the garage to repair it as all the electrics had gone in the car they refused but after a week of arguing they finally agreed. At the end of April the car broken again, the finance company as me to get an inspection in the car which my local garage did and said that their was bathroom sealant in the engine, the engine had been majorly stripped and the wiring was fowling the rocker their was a and extreme vibration on tick over which get worse when the car is hot and the car should be returned as it is a danger. The finance company said this report was not good enough and sent Scoita out to view it they said the car meets the very minimum MOT requirements but was not of satisfactory quality at the point of sale and recommended some repairs.
    The finance company said I need to now go get some quotes for these repairs, I’ve taken it to 3 different garages all have read the report inspected the car themselves and said the car needs more than that and is not economical to repair. i told the Finance company who insisted I get get the car repaired so VW garage have agreed to inspect the car and provide another report and price for it fixing. In the mean time the vibration is getting worse by the day and today the car over heated and smoke was pouring out from under the bonnet. Lovely man passing checked the water and coolant and they are all filled up. I have rang and emailed the company about this mornings break down but have had no reply as of yet.

    Do I have a case to exercise my Final Right to Reject, this is causing so much inconvenience and having a massive impact on my work as I am required to have access to a car in my works contract.

  206. Hello Stuart, I took delivery of a 2019 Audi A1 35 TFSI at the end of Feb unsure if fault was present or not , having been a service advisor for 10 yrs I just kept an eye on things to see what developed,but became clear when stop/start was on ,and when restarting vehicle total loss of throttle this has happened about 10 times now has been into dealership for diagnosis and yes as usual NO FAULT FOUND but I am told we are awaiting software update from Germany, that was 24 th April ,I called dealership on the 11th May as this happened again was told to call AA technician arrived again no faults stored no fault found but he found that the TPS and the flap on throttle body were out of line, (no replacement car from AA OR dealership totally disgusted at the lack of customer care) ,So I agreed to leave car for further testing at which dealership done 128 miles to no avail still N/F/F, so I needed the car so had to walk for it only to find it was out on test. Had a bit of a chat with aftersales manager who just told me what I already know just glossed it up a bit,the car was deliverd back at around 2:30 that day 14 thMay, My concern is that Audi are aware of this fault but am advised to leave stop/start switched off ,it has now been a month of no contact in regards to any fix /update what timescale would you class as reasonable to ‘fix ‘ this fault,I am totally dissatisfied,seems no one is interested, at a total loss at what to do next any advice would be much appreciated.

  207. Hi Stuart,
    I bought a used car from a large dealer just over a year ago. It was ~£11k, 3 years old with 44.6k miles on clock. It has been showing a couple of subtle symptoms of what may be a widely known engine manufacturing fault. If proven, it would probably require an engine replacement. If I manage to prove the fault existed when it was sold to me and successfully reject the car, from what I understand, we would be due a *partial* refund at this stage? Do you know how the deduction is calculated? We’ve driven 7,400 miles. Would you have any idea how much we would be likely to receive? I’m wondering whether it is worthwhile pursuing the reject route, or just selling it.
    Thanks.

  208. Hello

    I bought Audi A3 2008 from a main dealer on 23rd April 2019 with 2 year mechanical and breakdown cover (cover upto price of car). On second day after purchase I was on motorway when Glow plug flashing light appeared and car dropped its speed. i contacted dealer and he offered repairing that i accepted. after first repair he told me that there was a faulty glow plug that has been replaced. next day same thing happened on motorway and glow plug flashing light apeared again. i took that car straight back to dealer and he told me that they will do further investiagion. this time dealer told me that there was cut in a pipe near turbo which was now repaired. but unfortunatley problem was still not resolved. dealer told me to drop this car as they wanted to do detailed checkup. so i dropped my car with the dealer and he kept my car with him for three days. This time dealer told me that there is a problem with the turbo and this time they will do repair using my warranty cover. cost of turbo 700 and i don’t know about labour charges. Now along with glow plug light Engine management light is also shown.
    I work 30 miles away from my home and because of this problem I couldn’t go to work for seven days. as I have to drive 60 miles every day to go to and come back from my work so far i have this driven more then 1000 miles.
    I want to know what rights do i have? any help and advice will be appreciated.

    Thanks

  209. Hi Stuart,
    I have bought a Kadjar from a Renault dealer using Renault finance.
    I have bought the car last year in May, the car is plate 66, so first registration was in January 2016.
    when I have got the car it was second hand, only one previous owner and 14K miles on the clock.
    I have done less than 10K miles in one year and last April the car went at the Renault garage for a scheduled service.
    Immediately after being serviced I have noticed a clutch judder, so the day after I went immediately back to the garage.
    Reported the issue they said that wasn’t related to the service because they haven’t touched the clutch.
    That was really weird because, until that day I haven’t had any issue with the clutch. After been in the car for maybe 100 miles, the clutch was totally gone, car was not running anymore, the clutch pedal is working but the car doesn’t move even in 1st gear.
    I had to call the RAC roadside assistance, the guy from the recovery was unable to fix the problem on site, so the car has been towed to a Renault Garage.
    In the meantime, I have been in touch with the previous owner and I have found out that the car was already been recovered when it was only 10K for a clutch cylinder problem, and at that time the car was towed as well, the clutch was replaced under warranty.
    The problem with this car is more than one, there is a water condensation in the right back stop light, where from the garage they said they need to investigate in order to check if the problem is under warranty, but in order to proceed with the investigation I will have to pay £180.
    Another issue with this car is the windscreen rubber seal. Last summer while driving at about 60 MPH the rubber went loose and was a really bad experience for me and my family.
    Now the car is in the Renault Garage, after a very bad customer care experience, they were trying to give me the bill in order to investigate to determine if the clutch problem is under warranty or not.
    I want just to remind you about the fact that the car is only 24K miles and the clutch has been faulty twice in two years, and most important thing, when I bought the car nothing was mentioned from the sales team about the repair already done.
    My question is, Could I be able to reject the car because is not fit the purpose, and also because I have lost in confidence with Renault.
    I am very worried now to use this car because I use to travel with my wife and my little daughter and I don’t want to put them at risk.
    I know that can happen with any car but I have really lost confidence with Renault Kadjar.
    Any suggestion will be really appreciated.
    Many thanks in advance.

    stefano M

  210. Hello Stuart,

    It looks like it’s been a couple of years since anyone was on here, but I’ll try anyway. We bought a car in late December 2018, and since then have had various issues, mostly the engine warning light coming on. We’ve taken it to a couple of gra rates, and had a couple of things fixed under warranty, but no luck. We think a lot of the issues were present when we bought the car, as it first happened just a coup of week later. Since becoming aware of our rights, I’ve contacted the dealer, but they’ve said they won’t do anything because we should have contacted them straight away rather than go to another garage. My counter argument (I haven’t replied yet) would be that we live in a different town, and they never said or wrote that if there are any problems we must tell them and let them fix it, just that we could if we wanted to. Additionally, the first couple of times it seemed to be fixed so we thought no more about it, and the fact that we only learnt about ou rights more recently.

    The crux seems to be, do we still have the same right to repair (as its within six months) even if we didn’t tell them straight away the first time we had a problem? I can’t see a mention of this anywhere in info about the consumer protection act. Thanks

  211. I bought a vehicle last weekend. When I spoke to the salesman I made it clear I was looking for an ex demo 19 plate. Throughout the interview he spoke of the vehicle as an ex demo. I picked up the car on Friday. On Sunday I was reviewing the paperwork and in very small writing on the back if the order form it states I have bought a new car! Do I have any rights to return the car and get an ex demo? My mum was with me so I have a witness.

  212. Thank you Stuart. I think I would have to represent myself as I don’t have the funds to pay for legal representation. The financial ombudsman service is involved I’m hoping that will help my case

    • The Motor Ombudsman is essentially employed by the franchised dealers so the likelihood of you getting them on your side is quite remote as thousands of disgruntled car owners will attest.

      If you have home insurance it may be worth finding out if you have the option of “family legal protection”. If so they might assist with your legal costs and even appoint a solicitor to act for you at no cost.

  213. Please please help I’m loosing the will…

    On 16.4.18 I purchased a 14 plate MG3 from a car dealer(not manufacturer). On 1.10.18 the car broke down. I had it towed to my local garage and with further inspection they found the engine had seized, I then filed a complaint with the finance company after getting nowhere with the dealership.
    I bought the car on finance which was arranged through a broker, it took them until January to arrange a diagnostic company to diagnose the problem but didn’t know they needed the engine stripped down, it took them 3 months to argue who’s paying it and they decided that the finance company and the broker would each pay 50% each. I was asked for a quote to strip the engine down for diagnoses, weeks later I’m asked for a quote for a replacement engine, recently asked for a quote for them to recondition the engine.
    I am at my wits end… I had to buy another second hand car in November and could only keep for 3 months as I was still paying finance, tax and insurance on the MG3. I couldn’t afford to keep both cars going, I lost work because I had no car and was forced to claim benefits in February.
    I have paid finance payments in October, November, December, February, March and April (They stopped my January payment in ‘good will’ as I explained I was struggling and they were hoping to have it resolve before February’s payment, here I am)
    I contacted the financial ombudsman service and they are now investigating.
    The finance company made me an “offer” that they refund me the payments I made whilst I’ve had no use of the car and they repair the vehicle and my agreement would continue” I rejected their offer. It will be 7 months on 1st May and I feel like crying every day, my savings have gone and I feel like I’ve lost my independence. I don’t know what more I can do other than small claims court and threatening with BBC watchdog, it is really getting me down and I feel like I’m being fobbed off all the time. Please help

    • Hi Zoe. Best bet is to get yourself a lawyer to act on your behalf and make sure that the finance company or broker end up paying for the repairs and any other reasonable costs.

  214. Hi. We bought a used Qashqai from Arnold Clark. The second week after getting the car it got colder weather and an engine noise appeared. I booked it into their service centre where they regenerated the DPF. The noise was still there and Aircon no longer worked. Again booked it in and this time was told the egr pipe needed replacing but had to be ordered in. We then booked it in a third time, Aircon was regassed and egr pipe didn’t fix fault. Now been told it needs egr valve. This would be fourth time back in 3 weeks. Quite frankly I need a reliable car for work and can’t keep taking time off to leave the car in for a full day. I’m worried they are running the clock down for right to reject in the 30 day period. Would an egr/engine noise be an acceptable reason to reject considering they’ve had 3 attempts to fix? Thanks in advance for any help.

    • Hi David. Your 30-day clock stops any time that the dealer has the car, so if they have had the car for four days then you can extend your rights under the Consumer Rights Act by four days.

      However, if you want to reject the car then you really need to stop driving it rather than continue to drive it.

  215. Hi, I purchased a brand new Jeep renegade in Dec 18 and noticed straight away there were faults with the car (indicators not working correctly, engine management lights coming on, switching language unprompted etc). I booked the car in for repair twice at the dealer and both times they failed to repair it. On the third time, I was informed that moisture had got into the wiring loom due to it being incorrectly assembled during production. I therefore officially applied to reject the vehicle at this point (after less than 4 months of ownership). My question is: Am I entitled to a refund of my hefty deposit and finance payments? Does my rejection go back to the date and mileage the faults were first noticed? What is ‘reasonable’ in terms of wear and tear reduction on price the dealer will pay back (is there a formula)? Thanks

    • Hi Kevin. If you are successful in rejecting the car, you are entitled to 100% of the original price minus a charge for wear and tear because you have had the car for more than a month but less than six months.

      There is no legally-binding definition of wear and tear, or what the dealer can try and charge you for it.

      In terms of your finance agreement, the finance company would get their money back from the dealer and you should get your initial payment (deposit) back, plus the monthly payments you have already made, minus the deduction for wear and tear.

  216. I bought a car almost a year May ago in late September my car was leaking water into the floor board anytime it rained or was washed took it back to them they kept my car a month and finally got it back in November. They said that the cars seal was never sealed on that side when car was built had to seal the holes up and replace carpet in the car. I begin to hear a loud noise in my car not sure what it is but its on drivers side. I take it back to them and they have had my car but over 50+ miles on my car mind you when I took car in it did not have 6000 miles on it yet. They just called me told me to come get it and drive it they have got most the noise but cant figure out how to get rid of it completely. I don’t drive my car a whole lot but I am paying a lot of money for this vehicle do I have grounds to demand a new car or get my money back.

    • Hi Jeanette. trying to reject your car after a year is considerably more difficult than within the first six months. If you have continued to drive the car knowing it had this problem, that makes it even harder. I’d suggest speaking to a consumer lawyer who may be able to help you if they feel you have a realistic prospect of succeeding.

  217. Hi Stuart,

    I was wondering if you could advise.

    I bought a 2015 Renault Clio a week ago from a larger dealership and I’ve been experiencing some issues with the MediaNav system that I am not happy with. When playing music through my phone, the music is continuously interrupted with pauses and jittering. The sound quality on the vehicle is also quite poor when connected to Bluetooth and the hands free phone function causes a crackling on the other end of the call.

    I’ve spoken to the dealership who have booked the car in to check for a fault, but also mentioned that it may be due to compatibility issues with my iPhone. I was never made aware of any compatibility issues before purchasing the vehicle and if I hadn’t of known of these, I would not have purchased it.

    I’m hoping the repair works but if not, would I be able to reject the vehicle, and if so, do you think this is a viable fault?

    Thanks

    • Hi Olivia. I doubt there would be any real compatibility issues between a 2015 model car and an iPhone, so I would have thought there is likely to be a problem with either the car or your phone. However, it may not be significant enough to reject the vehicle, especially a used car.
      It’s also not the dealer’s obligation to ensure the car is compatible with your phone, unless you have specifically asked a question and they have lied to you (and you can prove that).

  218. Hi Stuart,
    I am having lots of trouble finding hr answer to this question, I hope you can help.
    I bought a car using PCP finance on 06/04/19
    I discovered lots of faults on the same day and also believe that the MOT the car was given was passed without doing the proper checks.
    I have emailed proof of all the faults to the dealership, broker and also the finance provider. They are saying that I need to let the dealer try to fix the faults.
    Is this true? Can I use my Consumer Rights Act 2015 short-term right I reject, as I do not trust this dealer because he did not mention any of the faults. Also reported the garage that completed the MOT to the DVSA and a second MOT is being done as I write this message.
    Thanks, Killian

  219. Hi I recently purchased a used car from a dealer 58 days ago. The car had 12,315 miles on it and it cost me £9,000. It came with a free 60 day warranty and a 1 year manufacturers warranty. Yesterday my tyre pressure light came on so i took it to a garage to get checked. I have just had to buy 5 new tyres. All four tyres were at 2mm and heavily perished. I have photographic evidence and a report from the garage that replaced my tyres. Can i claim the money back from the dealer. I know tyres are perishables and if at point of sale they had advised me it may need new tyres that is fine. I have only had the car 58 days and i have only driven 874 miles.
    Any advice?

    • Hi Kelly. If the tyres are legal (minimum tread level is 1.6mm) and in good condition (no bulges or damage to sidewalls, etc.) at the point of sale, the dealer is not legally obliged to replace them.

  220. I am an elderly disabled lady living in a very hilly semi-rural area. I bought a new Ford Kuga thinking it would be reliable but within 6 months I was having problems, mainly up hills ( i live on a hill) and breaking down.

    The problem, unfortunately, is intermittent so on a couple of occasions they could not find a problem. The last time the AA towed it to the dealership and said it was unsafe.

    They arranged a hire car as I rely on a car to get out due to location. It was fixed and returned. That was last June. 3 weeks ago the same problem has started to happen although at this point not broken down but the same symptoms.

    I am really scared when I drove it as I am scared of breaking down because of my disabilty and quiet lanes. I wrote to the CEO, Ford Credit (I have it on credit) and the principal of dealership. I said the same as last year I didnt want the car anymore I wanted to reject it.

    Last year I was told I had to give them a chance to fix it. This year the helpful staff have left and I am not being understood. It’s back in the garage now.

  221. Hi, I have just bought an Infiniti Q30 from a main dealer to find out after taking delivery that they are pulling out of the Uk and European market. They knew before they delivered but did not inform me and I only found out by chance. I would not have entered into a finance agreement and bought the car if I had known as this could affect the re sale value in the future once the finance agreement ends.
    I have only had the car for 2 weeks 4 days, I want to return the car and cancel the agreement is this possible based on the fact that the market value may drop considerably after they leave the market?

    • Hi Neil. You’re unlikely to be able to reject the car on these grounds, unless you can prove that the dealership has actually lied to you. Given that you didn’t know Infiniti was withdrawing from the UK market, you wouldn’t have asked them any questions about that and therefore you are unlikely to be able to claim that you’ve been mis-sold.

  222. Hi
    On 1st October 2018 we took possession of a 2nd hand van. 2 weeks later it broke down. A faulty alternator was the problem according to green flag. Sent back to dealership who said alternator was fine just faulty battery so replaced battery with new one. 2 Months later 9th January 2019 and only 300 miles of use it broke down again. Same fault recorded an alternator problem so we contacted finance company to reject the car under the 6 months rule and we stopped all further payments to the finance company. February 2019 no update had to contact them every time so cancelled tax and insurance as well as it was costing us money to sit on our drive. It is now 9th April 2019 and the finance company are saying we are not entitled to any refunds for payments made as we had use of the vehicle in the 2 months prior. Also because of the arrears for January, February, March 2019 they are not giving us anything back, the only thing we are getting back is the £400 deposit which the dealership is going to return once they receive the van back. The finance company are now giving us til tomorrow to agree to giving the van back or they are going to close the complaint and reopen the finance agreement. It seems harsh that the fiance company get all their money back from the dealer as if the deal never happened yet we get nothing. What are our rights here, thanks.

  223. Hi Stuart – l’ve ordered a new VW Group car but have not yet taken delivery. Some buyers of cars with the particular engine l’ve ordered have reported problems with the engine stalling, and not operating smoothly at low speeds. VW say they are aware of the problem and are working on a fix. Some buyers report that they were lucky not to have had an accident as a consequence of the engine stalling. All very worrying.
    Based on this information do you think l would be entitled to reject the new car before taking delivery on the basis that there’s a known problem with the particular engine ? I feel that rejecting the car at this stage is likely to be a lot easier than taking delivery, discovering the fault and then seeking a full refund. Thank you.
    David

  224. Hi I’m hoping for some advice please. I recently a few days ago bought a used electric car on pcp and was verbally told it had a 6.6kw charger and it actually had a 3.3kw charger. This was on the advert hidden amongst an awful lot of text. Is was also advertised as a full service history but it was due a service in January which they didn’t do. Although I agreed to buy it over the phone we signed all the documents in the dealership. Do we have any right to return this? Thanks.

  225. Hi Stuart,

    Please could you help me? I bought my Mini Clubman new in April 2017. Within the first 6 months it was in, as the bearings need changing in my rear near side wheel. Then in summer last year 2018, my idrive started playing up. By that I mean shutting down, no radio, sat nav, blue tooth or any other function its supposed to perform. It wasn’t every day at first, but then it became so bad that I couldnt even drive a mile without it shutting down on me. Most times it would restart, but eventually it shut down all together. I of course went into my dealer when it starting happening, and they tried their best to sort it, however in the end I had to wait around 4 weeks for a new box to be sent from Germany. It was replaced I think around August/September 2018. By December 2018 I was having the same problem again with it. Took it back to my dealer and they looked at it, and said it was mine or my husbands phone causing the problems. When I got my car back, I only paired up my phone to see if that made a difference, it has not. Last week it was in again, this time they shut everything down, disconnected the battery and rebooted the whole thing. I was assured this would fix it. And in fairness the car was driving so much better….for a few hours. I took my dogs for a walk the next day, got to my destination, reversed into a parking spot, and once again the idrive shut down. I phoned the dealer straight away and my car is booked in now for a week, as they have to send back a main part as this is the second time its happened.
    Given I’ve not had the car quiet 2 years yet, you can understand my concern about if this is going to happen once again. The cars driving is affected by this, sometimes it doesn’t re start, last week I got in and the steering lock was on and it wouldn’t start for a few minutes. I have voiced my concerns over the future of the car, and also warranty cover for after the 3 years, but they tell me not to worry. Do you think I should look at rejecting the car? I love the car, but I cant ignore this major problem, as Ive never had these issues on any other car before. Regards, Jules

  226. Hi there. I purchased my car 28th Jan 19. Engine management light came on 16 days later. Dealer took it in, identified the catalytic converter needed replaced. This was done on Tuesday. I noticed on Tuesday night it sounded different but thought it was normal. Then today, Thursday it was blowing a terrible noise from the exhaust. Stopped driving, called the dealer (contact centre) the lad could hear the exhaust and said it was safe to drive, probably something was loose after the work having been done 2 days ago and to drop it in the next morning. Well then 5 mins later on driving home the exhaust fell off, bounced off the road and punctured my bodywork bumper!!! Picked up the exhaust and drove to the dealership. They gave me a courtesy car and have said they will fix it BUT no mention of costs. Will they fix this disaster or will I get a massive bill that i simply cannot pay. Any advice?

  227. Hi Stuart

    I bought a 2015 Ford C MAx from a national dealership. I bought the vehicle in mid Dec 2019, On the test drive everything functioned as it should including heating and AC. Towards the end of Jan a problem with the heater taking ages to heat up
    and when it did, it came for a short time before blowing cold air.

    Since the 5 of Feb 2018 up until the date of this comment the dealership have had the car in an effort to resolve the issue.

    This is what they have said…… it was the thermostat,,,,, it was the water pump…… water pump and cam belt….. it was the radiator… it was going to Ford themselves so their technicians to look at the vehicle… Then I’m told their own technicians are still trying to solve the problem.. In the light of this, where do i stand if I choose to reject the vehicle?

    Thanks

    Frank

  228. Hi Stuart,

    I have bought a 2015 plate ranger over vogue. I have only had this car for around 5 months. in this time I have ben back to the dealer 5 times with one issue to another. A prime example is a loud click sound from the gear box when selecting gear… I have been told the problem needs to develop inorder for them to actually fix it as it is still working.

    the soft close doors sometimes lock meaning I cannot close the door which requires a good slam or lock and unlock to shut the door.

    Recently I had an engine management light showing on the dash which made the steering lock. I pulled over re started the car and it made the steering wheel soft again however engine management light was left on. Next day took it to range rover and they booked me in 3 days later. I just left the showroom went on the motor way and book restricted power loss. I have just had the dealership on the phone they think it could be the turbo or another part which is with the turbo which is at fault.

    At that time I said I want a refund as I have been in 5 times now since I bought the car 5 months ago.

    I have contacted the finance company who are looking into the issue. What do you I could/will happen.

    I have lost full faith in the car. I preferably would want same car model but not that car.

    please help and advice what I can achieve through rejection process.

  229. I purchased a PCP car 31st jan on purchasing tyre was flat they agreed to fix it when I picked up car, moderate bodywork to be done they agreed to do this for me, I picked up car could hear a rattling on the engine still few jobs to be done so they said they would take a look when the car went back to them the following week the next morning I got up tyre was flat turns out they didn’t repair just blowed it up I took it back to dealer then I found out it was an ex lease car, I wasn’t very happy they didn’t tell me beforehand as I didn’t want to buy a lease vehicle, they were very rude to me and told me they had a good legal team I wouldn’t win against them if I tried to return car so I went away,the next day I took the car to an independent garage on the advice of the AA, they told me there was a timing chain issue with the car back to the dealer this Monday they had the car into their own service department they rang me Monday evening to say there was a timing chain issue but as the car was still under manufacturer warranty it would be fixed by them( car is a 2016 year Mitsubishi Outlander) they told me to ring Mitsubishi and book it in I duly rang to be told there should have been 5 yrs manufacturing warranty, they sold me an insurance to start in September 2019 to cover the car I’m guessing they didn’t realise it had 5 years instead of 3 but actually it doesn’t have any because the lease company that had it from brand new up until now have voided the warranty by not getting the car serviced when they should have, I have 3 months warranty from the dealer what’s gonna happen after that, can you please help me and tell me where I stand legally can I return this car?? But I can’t risk taking them to court I can’t afford it

  230. Hi Stuart
    I recently bought a BMW 318 from a used car dealers. I had only been driving the car on my short commute the first three days, car was fine, then I had driven the car for just over an hour the fourth day when the oil pressure warming light came on. I had the car back where they told me that they changed the oil and filter. Three days later the oil pressure light was on again. I have rejected the car being unfit for purpose as the oil pressure light being on you’re strongly advised not to drive the car. The garage say that since I have had the car back I have already agreed to let them fix the problem and the oil and filter change was their first step to fix it. I pointed out that I didn’t think an oil and filter change would make much difference since it was changed a day before I collected the car and suggested it was their choice to change the oil and filter and not to carry out a more thorough investigation. I suggested they should have done a pressure test and/or sent the oil off to a lab for analysisat the very least.
    They’re adamant that they’re in the right and we keep going round in circles with them asking me to return the car for them to carry out further tests. I have informed them that I will not drive the car in the condition it’s in in case anything major happens in destructing the engine. I’ve spoken to Citizens advice and they say I’m well within my rights to reject the vehicle. I have also spoken to my bank regarding a trackback option since I paid with my debit card, they suggested I return the car and get a receipt or get a tow truck to return it to their premises and then they will fight my case and try and get my money back, but not sure the dealers will accept under this condition.
    Would you suggest that I have a strong case to reject the car?
    Many thanks

    • Hi Gavin. It’s impossible for us to advise if you have a strong case, but if it’s in the first 30 days it’s up to you to prove the fault was there at time of purchase. Between 30 days and six months, it’s up to the dealer to prove that the fault wasn’t there at time of purchase.

      The dealer is not obliged to accept your rejection, so it will still be up to you to pursue the matter if they say no.

  231. Hi Stuart,
    I don’t know if you can help me, I have recently purchased a Volkswagen T-Roc 26/01/2019 from a Volkswagen Dealer- I took it off the forecourt ad it drove okay with no signs of fault. I took the car out the next day and this was then kangarooing. I then emailed the dear to inform him that this was happening and he didn’t quite know why this is happening. The car I’ve purchased is an automatic so it defiantly should not be able to kangaroo.
    It nearly been 2 weeks and every time I’ve taken this out within the first 10 minutes it will kangaroo. I took the car back on the 02/02/2019 for them to sit in the car and see if this happens and it didn’t (always a way) – they stated that they will have to get this checked in by the service people and it could be a software update.

    I don’t know if I can take the car back as I do not feel safe in the car as I’m driving by myself and feel dangerous to other cars that I will loose control of the car and hit someone.

    I don’t know if its best to let them check the car and hope they can feel the same fault I can when it kangaroo’s or they will come back to say nothing is wrong.

    Is there a cooling of period for a new car? which is on PCP?

    I look forward to hearing from you

    • Hi Lucy. There’s no cooling-off period for a car if you bought it on the dealer’s premises. Within the first 30 days of ownership, you can reject the vehicle without having to accept an offer to repair it.

  232. Hi Stuart,

    I bought a Vauxhall Adam on PCP on 22/09/17. The car was a factory order and has only done 13,000 miles. The car has gone through three accelerators in its time, these have all be fixed under warranty. The main issue is when I go to pull away from a junction or enter a roundabout etc. the car pulls away but then slows right down almost to a stop before gradually pulling away again. I took the car back to the dealership to look at and they say they can’t find a fault, even when I took the car out with the mechanic he said the car is fine. I am not satisfied with the car and want to get rid of it. What rights do I have since the car is more than 6 months old.

    Any help would be greatly appricated.

    Harry

    • Hi Harry. You’ve had the car for 18 months and are still driving it, so rejecting it under the Consumer Rights Act now is likely to be difficult. I’d suggest looking through owners’ forums and sites to see if this is a common problem with that model, as that would certainly help your cause.

    • Hi Stuart,

      I bought a Vauxhall Adam on PCP on 22/09/17. The car was a factory order and has only done 13,000 miles. The car has gone through three accelerators in its time, these have all be fixed under warranty. The main issue is when I go to pull away from a junction or enter a roundabout etc. the car pulls away but then slows right down almost to a stop before gradually pulling away again. I took the car back to the dealership to look at and they say they can’t find a fault, even when I took the car out with the mechanic he said the car is fine. I am not satisfied with the car and want to get rid of it. What rights do I have since the car is more than 6 months old.

      Any help would be greatly appricated.

      Harry

      Thanks for your reply, several owner forums have expirenced the same as me, also owners of other Vauxhall models. How do I use what has been said in these forums to aid the rejection process.

      Harry

    • Thanks for your reply, several owner forums have expirenced the same as me, also owners of other Vauxhall models. How do I use what has been said in these forums tl aid the rejections process.

      Harry

  233. Hi Stuart

    I purchased a car from a dealer on Monday 28th January 2019, I paid in cash. On travelling home I noticed a problem with the CD player, by the evening of the Tuesday, I had no sat nav, radio or Bluetooth rendering the car unfit for use and this was obviously not as advertised. This was a Mercedes and I paid a lot of money. I spoke with customer services at the dealer on the Wednesday and awaited someone to call me back. I hadn’t heard anything on the Thursday so called them back and was advised to take it into Mercedes. Mercedes conducted a software update and tried rebooting but to no avail, they advised the car would need to be stripped back to try to ascertain the fault, this could take up to 2 1/2 weeks, it might be covered under the warranty as it is a 17 plate, they are to advise on this. Whilst at Mercedes they spoke with customer services at the dealer and advised of this. I received a call from the dealer the next day as I effectively had a car that I paid a lot of cash for that was not fit for purpose. They advised that they will arrange to pick it up this week, give me a courtesy car and take it to their local Mercedes, the dealer is 80 miles from me. I am not happy about this as I’ve paid for a car that I will not have and do not altogether trust them, I had already queried the service history as it was not carried out by Mercedes as I had been led to believe.
    I would appreciate your advice as to whether I could reject the car under the Consumer Rights Act as it is unfit for purpose and not as described, I’m worried that the fault will not be rectified correctly, this fault would have been on the car when I purchased. I have had the car for a few days.

    • You can certainly try to reject the car under the Consumer Rights Act, but if it’s a stereo/satnav issue then the dealer is likely to refuse to accept your rejection by arguing that it doesn’t render the entire car faulty, so you’d then have to go to the Ombudsman or take legal action to try and force a rejection. That’s risky if the fault is something that’s relatively straightforward to fix, as there’s no guarantee that you’ll win.

      The dealer will want to handle the matter under the new car warranty, which means they would be billing Mercedes-Benz for the repair.

  234. Hi Stuart,

    Quick query for you. I bought a used Audi A6 Avant from a dealer on 5th January for £3,995. Its a 2005 model with 130,000 miles. The dealer is approx 130 miles away from me.

    On the 7th January, I’m driving along, gearbox has an issue between 2nd, 3rd and 4th gear indicator lights light up red and it goes into limp mode. Turn it off and try it again and about 200m up the road it does it again but this time it won’t go.

    I contact the dealer the morning after noting the issue and after a bit if discussion he agrees to send a recovery truck down to pick it up on the 9th.

    The 9th comes and goes and no collection. Contact him again and he says the collection guy let him down. Then says he’ll come down and collect on the 14th. It was collected on the 14th.

    He has now apparently discussed with an Audi Specialist and it is in for repair with a potential return date (TBC) of 30 January 2019.

    Three things:

    1) What are my rights if, on return, the issue returns and the gearbox fails.

    2) I assume the remainder of my initial 30 days would commence from return of the vehicle, but would it have been put on hold from development of the issue (i.e. 7th January) or collection of the vehicle by the Dealer (i.e. 14th January). Obviously this would make a difference to the time remaining of the initial 30 days.

    3) Did i need to give the Dealer a chance to repair? Having an issue within a couple of days of purchase has left some doubt in my mind as to the solidity of the car in general.

    Thanks in advance,

    Tom

  235. hi Stuart

    can i have some advice i purchased a car from the dealership since i have had the car i have been having problems with DPF light coming on a number of occasions on the firs occasion i called the AA out and they said their is a fault with the DPF you cannot drive it so he recovered in back to the dealership and when the dealer ship inspected it they said their is nothing wrong with the car, they also mentioned that the technology that the AA used to find the fault is not better then their diagnostic fault finding computer so i left it at that until the light came on again so this time took a picture and emailed to the dealership and they asked me to drop the care off which i did and they have said they have cleaned the DPF so i thought it will be ok now but unfortunately it is happening again where do i stand i have had this car for only 9 months and i have been patient can ask the dealers to replace the car it is still under warranty.

  236. hello stuart,i purchased a car on 1st december which 2 weeks later developed gear box problems.i then contacted the seller who told me to use the warranty which i did.today i heard back from them quoting me a price of £2750 (£1000 covered by the warranty) for the repairs.we only used the car for 2 weeks clocking up 200 miles in the process.do i have a case to get the money from the seller to pay for the repairs regards Gary

    • Hi Gary. If the gearbox is faulty, I’d say you probably have valid grounds to reject the car under the Consumer Rights Act. As you are beyond the first 30 days, it will be up to the selling dealer to prove that the fault was not present at the time of purchase. They will have the right to attempt a repair before you are entitled to proceed with a rejection.

  237. Hello!
    I am looking for advice- we bought car from Motordepot 19.09.2018, at the point of sale, there were some body damage , which was agreed to be fixed week after( we have signed copy of this arrangement)! When we went hope and had speak 70 miles we had a funny feeling, car is pulling to the left, so i called our dealer abd informed about this! So they said they will look at it when we arrange service- they did it worse, car was pulling more to the left, body damage wasn’t fixed as they have to send car away to another place and steering wheel was not straight! So after we again cane back for another service- nothing been done! During 1,5 months time car been 3 times for service, I contacted their head office and head meeting with Motor Depot complaint officer- he agreed car has faults, nothing been fixed and car seems to be in the accident ( which we didnt know nothing about- MOT perfect! So they offered to exchange car- after few weeks they said they have no offer , so i put a complaint to Financial company-30.11.2018 ( after following all guidance from Trading standards)! 04.01.2019. We had inspection for our car- they confirmed all faults and excepted that we can return car! Their offer- 200 pounds compensation, deposit refund and any administration canselation fee will be covered. No refund for invested money into payments and etc, also no moral compensation, living in stress since we baught a car! Do i have rights to ask for more compensation! My desicion is- if i am not happy with second offer- i am emailing Financial Ombudsman service! Thanks for your advice!

    • Hi Rita. It sounds like you are rejecting the car through the dealer by your own negotiation rather than via the Consumer Rights Act. In that case, it’s up to you, the dealer and the finance company to negotiate whatever you can agree to.

  238. Hello, we brought a car last weekend after 48 hours of use and under 100 miles of driving in total, the clutch has appeared to go. We are almost certain this is the issue, which has meant the car is completely undrivable and we had it recovered home. We have since contacted the dealership to inform them of this, they have offered to get it recovered to them for a fee of £150 but cannot guarantee they will fix this free of charge. We have not committed to sending it back yet for it to be repaired but after reading reviews of the business, their customer service since this fault and due to the nature of the problem rendering the car unusable we want to reject it. Are we within our rights to do so or do we need to let them fix it as looking at peoples past experiences they seem to bodge the job to last a few months till the end of warranty and I have no confidence now in the car to be fit nor safe to use?

    • No, as previous stated, if you are rejecting the car in the first 30 days under the Consumer Rights Act 2015 then you do not need to accept a repair. However, that doesn’t mean that the dealer will agree to your rejection and happily refund your money.

  239. Hi, looking for any advice. we purchased a 12 plate antara for near £9000 in february 2018. it went back a few times to fix issues and they refused to fix a few of them like chips in windscreen and back bumper trim they glued on badly . engine management came on and noises from underneath. we were told noise was normal for a 4×4 and engine management ( limp mode ) was just reset only. less than 8000 miles later , in december , the transfer box has packed in, they wear through the casing from the inside , ( common fault ) . we contacted the dealers head office aswell who refused to do anything at all. is there anything we can do , or are we stuck with the bill . car has now got 40,000 miles and full service history.

    • Hi Chris. Trying to reject a vehicle after 11 months is going to be tricky, as the onus is on you to prove that the car was faulty when you bought it. As much as you might know it was faulty when you bought it, you need to be able to prove it. You’ll probably need a good lawyer to assist you, but even then you’re probably going to be fighting an uphill battle.

  240. Hi Stuart,
    Please may I have your advice ?
    I purchased a brand new car on the 23.12.18 and noticed it was leaking oil on the 20.12.18 and took it straight back to the dealership.
    They gave me a curtesy car and it is now the 7.1.19 and I have not heard anything from them.
    Can you tell me where it states that the 30 day short term rejection is extended by the time the dealership have your car ?
    Also do you think the massive oil leak is grounds to reject my car ?
    Many thanks

    • Hi Michelle. For the purposes of the Consumer Rights Act, your ownership clock effectively stops when the dealer has the vehicle. So if you had it for three days and then it has been back in the dealership for three months, for the purposes of the Consumer Rights Act you’ve only owned it for three days.

      This doesn’t apply to any other aspect of the car, like your finance, warranty, insurance, road tax, etc. It’s included in the Consumer Rights Act purely to stop a dealer parking a car for more than 30 days to prevent you from executing a lawful rejection.

    • Hi Stuart
      Thanks for answering my query, I was looking for where the “clock stopping” clause is written in the Act so that I can refer to it when dealing with the finance company as they are not aware of this rule so they are saying that my 30 days has run out.

      Many thanks

  241. Hi Stuart. Can i have some advice please.

    I purchased a vauxhall crossland X on finance (4 years with lump sum at end) in March 18. The vehicle has had problems from 5 months old with the strut mounts/suspension and front wheels. I have had to take it back to lookers/vauxhall on 4 occassions for repair. The problem has reoccured again and I am not happy nor do I feel safe in the vehicle. I am expecting a baby in June and do not want any further complications. I am wanting to walk away from the vehicle as i do not feel it is fullfilling its purpose. What are my options and it is as easy as it may seem? I want to go back to the dealership as soon as possible but as a 24 year old woman I feel as though the blind side me with terminology and I don’t always understand what they mean. Thank you

    • Hi Charlotte. Rejecting the car under the Consumer Rights Act after 10-odd months of ownership is harder than it would have been in the first six months. The onus is on you to prove that the car was faulty when you purchased it, and since your problems did not start occurring until after five months, that’s not going to be easy.

      If the car is still under its new car warranty (which it should be), you can argue your case with Vauxhall and the dealership for a replacement car, but you are unlikely to be able to walk away with your finance cancelled.

  242. Hi Stuart

    Need your urgent help.
    I bought a Jaguar XF 2013 model with 49K mileage on it on 12 th Dec 2018. On 15th Dec 2018 the car broke down on the motorway suddenly, which was scary and the engine emission light showing on Dashboard with “Restricted Performance” warning. I immediately contacted the dealer and return the car. I told them that i want a full refund under consumer act 2015 as the car broke down within 2 days of its purchase.

    They have listed the car on Auto trader as Manufactured approved but did not gave me Manufactured approved warranty instead gave me their own warranty which i was not aware.

    Now they have fix the car but they are not giving me full refund. Could you please advise what shall i do ? I am too nervous to take the car back as i have paid 13172 for the car ? Iam not sure about the timeframe it will take if we go via court route and also the expenses :( between they have not given any loan cars to us and they are Jaguar Franchise.

    • Your right to reject the car depends on what sort of fault it is. If it is an easy fix, it’s difficult to force the dealer to accept a rejection. However, the dealer should have been more upfront about what the problem was and what was required to fix it. Unfortunately, there’s no clear definition of what is considered an ‘acceptable’ fault to reject a car.

      The description of the vehicle being “manufacturer approved” doesn’t necessarily mean you’ll get a manufacturer warranty. In fact, it can mean different things depending on the manufacturer – but basically means that the car is being sold by a manufacturer franchised dealership (in your case, a Jaguar dealer) rather than an independent garage.

  243. Hi Stuart,

    I purchased a car on the 16th of December and received it on the 18th. On the 19th I noticed a build up of damp within the car seats, carpets and seat belts (it had rained the previous night) seemingly because there’s an issue with the seals. The water leak has also got into the tail lights causing condensation build up around them. By the 21st the back of the car had completely covered with mould. Judging by the speed at which it grew, I believe there was mould build up already in the sponge of the seats. As a person who will be transporting asthmatics (family members) the build up of mould means the car is not satisfactory for me. I also believe the build up of damp in the tail lights means its not fit for purpose as they could blow at any point while im on the road. I have rejected the vehicle (6 days after purchase) but the dealer says he is not willing to give a full refund and wants to go to court. Would you say I have rights to reject the vehicle.

    • Hi Joevan. The condensation in the brake lights is probably not sufficient cause to reject the vehicle (they can easily be replaced if necessary), but the mould inside the car is probably grounds to reject the vehicle. However, it may also depend on how old the car is and the mileage on it.

      If the dealer wants you to take him to court, you’ll need to get some legal assistance to help you make your case.

    • Thank you for the response and advice. I have put the claim in and will seek legal advice. The car is from 2003 with 56,000 on the clock.

  244. Hello Stuart

    I recently purchased a used car from a local dealer, a three-year-old BMW 4 Series.

    The service history showed an outstanding EGR valve recall so the car was booked into BMW by myself to have this checked. On collection of the vehicle, BMW informed me that the EGR valve was recalibrated ok but they had issues updating the car’s software.

    A CAN BUS Blocker had been discovered wired to the back of the odometer. The device is used to hold back mileage and block DTC errors. The odometer is now stuck on 999999. BMW does not know what this will cost to rectify, the dealer I purchased the car from does not want to know.

    The HP company are starting an investigation which takes eight weeks. Citizens advice said I can reject the car even if it is outside the 30-day purchase period which I am trying to exercise. Also, the warranty is now void because of this device.

    What can I do? my guess is that there are thousands of these devices out there waiting to be discovered, possible fitted by people who have leased the car but want to keep the mileage within their agreed term, or for faults to be hidden from the dash warning indicators.

    Advice Please

    Keith

    • Hi Keith. To reject the car under the Consumer Rights Act, your claim is against the dealer who sold you the car and who now “doesn’t want to know”. For the best chance of getting any or all of your money back, you should get a lawyer on your side to act on your behalf.

  245. Hi Stuart,
    I purchased a 2010 peugeot 308, 59k, from a dealer on 18 oct 2018, within 24 hours i had to contact the dealer as there was a very clear smell of exhaust fumes in the car and there was also no heating in the car.He told me to go to the garage over the road from him and they will look,they diagnosed leaking rocker gasket and oil on exhaust ( did not smell of burning oil,definately exhaust fumes) as i wasn’t under the car i took their word and it was booked in and gasket replaced,the guy at the garage said leave it a week before moaning again as we cleaned the exhaust but it may smell a bit for a few days, fair enough off i went (heating wasn’t looked at)5 days later got sick of the smell so went to independent garage who checked exhaust and the manifold had a crack in it,armed with this i contacted dealer and said i have stopped driving the car as it is poisoning us and i intend on rejecting the car,the dealer rang me and said he will book it into another garage,i said i would rather just return it as i don’t want a car with this fault.The dealer said i can’t return for a refund and i have to give him one chance to repair (me not being strong willed agreed and it went to garage) Garage found 2 cracks in manifold and welded it,also replaced thermostat housing to sort heating and off i went.It now smells again and i have also been getting eml on and had it diagnosed that it needs a full oil flush,new oil and filter and both camshaft dephaser sensors renewing at a cost of £378 due to poor servicing (car has full s/h and only 1100 miles since the dealer serviced it).i messaged him about this but got no reply,i know if i go see him i will be fobbed off as i don’t fully understand my rights,any advice would be appreciated, thanks

    • Hi Craig. You may have the Consumer Rights Act on your side, but that doesn’t mean that the dealer will play nicely. Your best bet is to get a legal firm to help you out – they tend to have a lot more success forcing dealers to comply with the law.

  246. I purchased a vehicle from an independent dealer and laid cash for it, I returned the vehicle within a week having made them aware that there were a number of issues that I was unhappy about. They advised me that they would refund my money. Despite the fact that I have discovered that they have now sold the vehicle to another party I still haven’t received the monies that I paid, they have (in writing) told me that the funds will be paid back by a specific date, but have failed to do so, suggesting that they are waiting for ‘cash flow to improve’ or ‘a deal to complete’. It’s a significant amount of money, what should my next action be? Thank you.

    • Hi Andrew. It’s annoying, as none of their excuses are your problem. If they’ve sold the car on, they should have enough money to pay you back.

      They are presumably pushing you back as you’re just a customer, so they’re still making their rent and finance payments. Unfortunately, that’s likely to keep happening until they have more money in the bank or until you get a lawyer to start writing threatening letters on your behalf.

  247. Hi Stuart, a very clear article, thank you. But sadly the law is very vague on what constitutes grounds for rejection. I bought a Ford Mondeo from 2008 on Nov 15, and it turns out to have a lot of water ingress on the passenger side, both front and back. I scooped out two liters of water just from the footwell in front of the rear passenger side seat! The dealer who sold me the car is 2 hours from me, so when I took the car to a local garage, they said there was evidence that someone had already tried to fix the leak, and that everything including the wiring is soaked. They could not find the leak, though.

    So does this kind of water ingress make a car faulty, and is it enough reason to reject a car? In my view it means the car is not of satisfactory quality, as one can’t drive a car around with passengers’ feet in 1 inch of water, plus it’ll rot the carpet, rust the body and affect the wiring. That an attempt has already been made to fix the leak suggests that the cause is not easy to find let alone fix. The dealer has, after shouting at me down the phone, and saying the car is 10 years old and water ingress is not covered, agreed to have it looked at, but this will be at a time after the 30-day period, and without guarantees.

    There’s another comment further down of someone struggling with water ingress, so it’d be great have your opinion on this. Thank you!

  248. Hi Stuart,
    i bought used vehicle from Evans Halshaw and in the very next hour of purchase it came up with Engine Management Light and i immediately rang them up and was advised to take it to nearest dealership next day. so i took it to dealership and by the end of the day i was told that our technician could not find any problem and they reset it. it came back on again in 2 days and since 1 week its been at dealer and it hasn’t even been 3 weeks and the Engine Management problem pops up. so am i entitled to get refund or shall i reject the car under the consumer Rights?

    • Hi Faruk. There is no specific guidance for what sort of fault is sufficient to reject the car under the Consumer Rights Act. However, if a fault is stopping the car from actually doing its job of transporting you from A to B, you would generally have a good case to reject it.

  249. Hi Stuart,

    I recently purchased a Alfa Guiletta QV Line automatic within the last 6 months. Prior to purchasing the vehicle, I noticed the parking lever stuck in gear and was very difficult to get out on occasions. I asked for this to be investigated by email, which I have kept. When I collected the vehicle I was informed by the sales staff its a characteristic of the vehicle. I took this on face value. Over the months it seem to have worsened. Then one morning a transmission error flashed on my dash. AA came and said its a fault with the sensor and gear lever locating pin, not recognising it’s in park. The fault was cleared and all as okay. The very next day the same fault happened again, car not recognising it’s in park and the AA took the vehicle down to the dealership. Almost 3 weeks later the car was given back. I immediate went on holiday, upon my return and first usage of the vehicle the fault reappeared. Same fault codes and same fault present. I’m getting it recovered into the dealership today.

    I spent a small fortune on this vehicle and would love some advise. Ideally I don’t want a vehicle that will keep breaking down with the same fault. I feel if they would have investigated this issue at the time of me questioning it properly we wouldn’t be in this situation now… I do want to refuse the vehicle and would like to know where I stand.

    • Hi Patrick. I’ve driven several Giuliettas and have never had this problem, so I doubt that it’s a “characteristic of the vehicle”.

      If you are still within your first six months, you can reject the car under the Consumer Rights Act and it’s up to the dealer to prove that the fault was not present at time of purchase. Given that you have email correspondence confirming the problem, this should be very helpful to your case.

    • Thank you for your assistance. I shall opt to return the vehicle as I’m totally dissatisfied.

      Many thanks.

  250. Purchased a Toyota Hilux from a reputable garage on 24th October but have still not received V5 document. On enquiry to DVLA they have no record of the vehicle being registered to me, how do I stand if there is an issue with the vehicle in the interim. The garage keep saying its the DVLA but they say I have to complete another form and pay £25.

    • Hi Morag. If you have to complete another form and pay £25, you are within your rights to bill that back to the garage. Whether or not they agree to pay it is another story, however.

  251. Dear Stuart,
    We got HP used car 2 years ago, in 2018, second half, 182, 4 mounts old, 5000 miles, we paid extra €1000 to cover 3 years guaranteed period. We are paying regular to our finance company, we will become owners of the car in 2 more years (HP plan for 4 years in total)
    During last 2 years we had a problem with clutch 3 times, 1st time after less than 10000 miles driving!
    3 times we had to bring the car to to the dealer garage, and 3 times we were assured that “the problem is fixed”! The last time they even asked us to pay €1200, we complained to the manager and just refused to pay, as car is in guarantee, and they just fixed it (or just told us that its fixed) with no any charges. The dealer offered us to exchange the car, but we have to pay extra, as they gave us a really low price for our car as they said ” as your car has a problem, you know that”! We think its unacceptable, there is a factory defect probably and instead of to apologise and help us to solve the problem, they want us to pay more money!
    Now we wold like just to reject the car, and get full refund. We are planning to meet with our finance company. Advice please, what we have to do? It is a huge stress for us! Thank you in advance! Kind regards, Jana

  252. I leased a Mercedes and rejected it within the 30 day period and still waiting for the finance company to respond. Meanwhile I cannot drive the car at night as it is not safe. Basically the dashboard lights are not bright and cannot be seen when driving at night so I cannot use the controls (eg to demist the window). The local Mercedes garage says that this is not a fault and that this is a factory setting. What are my rights please as I cannot drive this car – I have small children and it is not safe to drive. The finance company are not answering my messages and just keep fobbing me off. I have cancelled the monthly payments now and want to just drop the car back with them.

    • Hi Eva. I’ve never heard of a new car’s dashboard lights being so dim that they are unsafe. Assuming that the lights are turned all the way up (there’ll be a dimmer control somewhere), you’d need to check your car against a similar model to see if there’s any difference.

    • Thanks Stuart. I’ve taken it into s Mercedes garage and they say it’s the factory setting but agree it’s too dim to see at night! I don’t know what else to do. Am I within my tights just to return the car as I cannot drive it at night? And let the finance company take it up with Mercedes? Thank you

    • You are within your rights to reject the car under the Consumer Rights Act if you feel it is faulty, but it will probably be a difficult case to win if the car is performing as it is designed to do. I’d suggest getting some legal assistance to help you work through the process.

  253. Hi, i brought a car 20 days ago but since then i have noticed various issues with the car. Firstly i noticed there was excessive water on the back and passenger side carpets which the dealer said is due to a £50 valet and should dry out in a day or two. I decided to take it to a local garage and they said the smell indicates that there is a leak somewhere. Then i noticed that the bonnet does not open, and that the lever is broke, the air vents do not work and just last week the car would not start. Upon inspection fron the RAC, they advised that the starter motor was gone and needed replacing with a cost of £200.

    I have tried to contact the dealer but there is no answer and the one time he did answer, he stated that he could not do anything about it as it was fine upon point of sale.

    Can i still reject the car, and what are my options if the dealer is non responsive?

    I would appreciate if you could reply quickly as its 30 days on 10.12.2018.

    Thank tou

  254. Dear Stuart wonder if you could help me, I brought a 66 plate hyundai 130 tourer diesel in May 2018. Since having the vehicle the car has gone back 2 times , twice for fuel , so 2 fuel sensors have been replaced and the other fixture was electrical. Each time i have had a courtesy car and cost wiped, all i have paid for is fuel. Recently the car came back advising i need 3 new tyres and back breaks disks as they are binding and low. They mentioned i had oil level higher than normal, this is nothing down to us my husband and i havent touched it. When the vehicle previously went in nothing of the above was mentioned. I have requested that report and it states the same , oil level high and mention of tyres, but no one physically informed me.
    I have been in contact with the company that i brought vehicle from and they advised i am lucky to buy this car at the price, the car left the show room at their expected standards and they wont do anything. I have explained the issues i am getting is likely from a 8 year old car not 2 year old. Even still garage will do nothing.
    Am i expecting to much? should i be replacing 3 tyres, brake disks and pads and accepting high oil levels, baring in mind i have only had the car 6 months. I have been advised that the grinding could lead to replacement of calliper ….

  255. Hi stuart,
    I bought a used 2015 ford focus on 17/09/2018 from a Evans Halshaw and traded in my Honda jazz I got 3000 pound for it and bought the focus at the first week the car had the front sensor beeping even there is nothing that caused the sensor to beep, also the tyre pressure lamp came up on the dashboard it has been coming up for a few times I made an appointment at the branch and told them the situation and they took the car to fix the issue a on the same day the sensor started to do the same issue again and the tyre pressure lamp comes on and off. I went to the dealer to tell him that I want to sell the car back and they told me that it will break even and I won’t get any money back. When purchased the vehicle it comes with a gps card which I had to wait for it around a month to pick it up.
    My second issue is that they lied to me when I bought the car they told if I get the gap asset protection I would get all my money I spent to purchase the car back plus and saying that the interest of the car will kick in after a year of purchasing the car on finance and finding out after requesting my balance that all the money I pay monthly is drained up by the interest.
    I am still in the 3 month of cooling period is there anything that I could do?

  256. I bought a Volvo V40 in may this year noticed airbag light was coming on and off ignored thinking it was a minor issue but over the next 4 months other lights on my dash came on and finally it kept going into limp mode the dealer I nought it off gas trued two times to repair but the fault keeps returning. I’m at my wits end the car is on finance what can I do I need it for my work what rights do I have
    The dealer has had enough chances to put right

  257. Hi Stuart,

    I took delivery of a brand new Renault Zoe on the 15/11/18. Upon trying to charge it from my Renault installed home charger on the 17th having covered 97 miles, it wouldn’t accept a charge.
    On the 18th, I returned the Zoe to the supplying dealer who gave me a lift home in the demo Zoe and to test the home charger which worked therefore the fault clearly lay with the new car. I await the fault diagnosis but my question is due to short time of ownership and severity of fault am I able to reject the car? and claim a refund of all monies paid
    regards

    • the dealer has now carried out a repair to the car the fault was the locking mechanism that holds the charge cable and locks it in place. the repair was a same day repair though I had to point them in the right direction as they were very reluctant to listen to a mere customer as all they wanted to do was plug it in and observe the fault that followed on from non connection also the manageress had a very dismissive attitude and reluctantly did the bare minimum to assist on the day the fault was brought to them. Basically my relationship and trust in them as dealers has been severely dented I no longer consider them as being relied upon to do everything they should to give a great customer experience and any future problems will be met with the same poor levels of care and response. Did the fault that my vehicle experienced which don’t forget renders it undriveable due to non power supply give me the right to legally reject it within the sale of goods act 30 day no quibble period ? please help and reply asap appreciated,
      regards
      Paul keys

    • Hi Paul. If it is a simple fault and easily fixed (which it sounds like it was), you are unlikely to succeed in rejecting the car via the Consumer Rights Act. The quality of the Renault dealer’s customer service may have been poor, but that’s not sufficient grounds to reject a car.

    • I have not highlighted all the negative actions of the dealer but tried to focus in my account the actual fault which occurred as that is i believe where my legal right to reject would come from, it is however my lack of faith in their desire to assist that gives me grave concern for any future problems

  258. Hi Stuart
    Really need help.
    I bought a car on 24.10.2018 and on the 27.10.2018 the engine management light came on and a warning light on the dashboard saying: AUTO POLLUTION SYSTEM FAULT.
    I contacted the dealer (none franchise) who informed me he would sort this when my car was booked in for a service on 30.10.2018. The car had not been serviced for over 18 months. The dealer initially informed me it was serviced yearly and would come with full service history. After I’d handed over the cash for the car and signed the invoice I was handed the service history book, to find it had not seen serviced for over 18 months so the dealer offered to book it in for a service free of charge on the 30.10.2018.
    On the evening of the 27.10.2018 I took the car to a friends house who had a diagnostic machine (fault code reader) which read POO14.
    On the 30.10.2018 I took the car to the dealer and informed him of the reading POO14. He advised me he was not a mechanic and didn’t know what the code meant.
    A couple of days later on the 01.11.2018 the dealer contacted me vua text to inform the car was fixed and the problem found was ‘Defazer vakve’ and was now fixed. I picked up the car the following morning.
    The car seemed to judder a little however I just assumed it was due to the issue that was found and it needed a good drive. The juddering was on and off and I thought it would eventually stop.
    Today 14.11.2018 the engine management light came back on with the same warning message on the dash board as before. I was close by to the dealership so I drove straight there and informed him it was the same message. He came out to the car and plugged in his own fault code reader and informed me it was a different code and not the same problem. He did not advise me of the code.
    The dealer then informed me he would contact his mechanic and give me a call when it could be fixed.
    I told him I was upset I’d paid him all that money for the car and said I wish I’d never bought it.
    When I started the car the engine management light had gone off however the car is still juddering. Did he clear the faults from the car with the engine management being off when it was on only 10 minutes before?
    I wonder now if he wiped off the fault codes before I first bought it and I now wonder that when he took the car back to fix it on the 30.10.2018 that he didn’t fix it at all and just wiped off the car faults.
    Where do I stand with all this? Can I ask for my money back?
    Please help.
    JC

  259. Hi Stuart, I purchased a car 7 yr old with 30,000 miles on the clock, I drove it for 5 months covering just 2000 miles before the engine failed. I found out the dealer had been on tv for dodgy dealings and been prosecuted in court and told to stop dealing before signing it over to a family member. I complained to the dealer and got nowhere so I had the car independently inspected with a court worthy report if needed. The report said that the fault would have been there before I purchased the vehicle. I asked the dealer for a repair at first but they wanted to inspect it, I asked for a partial refund they did t reply. After months of emails they insisted on taking a look themselves but wouldn’t admit liability. I enddd up taking them to court. After the preliminary hearing the judge ordered they have the chance to inspect vehicle and gave them 6 weeks to do so. Judge also said that as soon as they submit a report and I request vehicleto be returned then it should be returned. I’ve asked for my car back for over a month and they still ha ent given the car back and ask for further time to inspect. I’m now going back to court and am still without my car as they hold it against my wishes (I own the car outright and have asked the dealer and their solicitor multiple times by email for car back which has failed).

  260. Hi Stuart
    I bought my car on July the 4th it’s been back to the 3 times since with suspension problems and now fuel pump and sensor had AA out to it twice and he’s left codes on to be sorted they kept my car for 9 days and I picked it up on Thurs next day just cut out on me had kids in car very scary they said they have done all they can and won’t see it again I no longer want this vehicle I’m currently off work as it’s not started up, haven’t recieved any paperwork from what they have done wish bone replaced twice along with fuel pump and sensor once where do I go from here thank you for all your help it’s a Nissan note 11 plate

  261. Hi Stuart, I bought a four year old Mazda 3 in February 2018 with 13,000 miles on the clock, I was informed that it had a full service history, however this could not be checked as Mazda service history is online. I was told the car was serviced prior to collection. In September (7 months later) the car indicated that it required a dealers service and MOT. The car was serviced and given an MOT by the dealer, I was informed that the sump plug was stripped and needed replaced, both front tyres where near to the legal limit but passed no other information. Upon collection I observed the MOT sheet indicated excessive noise from the engine possibly Tappets which I had not been informed regarding. I returned the following day to be told that it can be caused by a build up of sludge in the Tappets and that the oil change should clear it. I have since had the vehicle independently checked and both garages have stated that a car of my age and mileage should not be experiencing these problems and that the car could not have been serviced properly. The dealer is refusing any and all liability due to the timescales, do I have any recourse.

    • Hi Derek. You are outside the first six-month period where the Consumer Rights Act is weighted in your favour. That doesn’t mean you can’t try to reject the car, but it’s up to you to prove that the car was faulty when you sold it. That’s generally pretty difficult to do, regardless of how much you may think you are right and the dealer is wrong – you need legally-admissable proof.

  262. Hi, I rejected a car I purchased from a dealer 21 days after purchase due to their inability to fix a fault on the car after two attempts. The faults that persisted was the car sputtering and jerking heavily when accelerating which I was advised by a mechanic friend was a clutch fault as the car is semi-automatic, but dealer never looked into the clutch.The dealer is trying to charge me a £300 fee for return of the car which is about 10% of the purchase value. I have sent them letters on my right to a full refund under the consumer rights acts 2015, but they are standing on there ground to claim a return fee. I am now in the process of filing a claim as they have turned down use of an ADR scheme. My question is
    a) Do they have any legitimate right to charge a return fee seeing car was rejected due to a fault and
    b) can I claim interest for delayed payment as well as insurance cancellation fees, mileage for car returns, and lost road tax through the small claims court?

    • Hi Chijioke. No, they can’t claim a fee if you are rejecting the vehicle under the Consumer Rights Act. And no, you are unlikely to get anywhere trying to claim for any other costs over and above the vehicle cost through the small claims court.

  263. I bought a 2012 SEAT Ibiza on the 4th of October 2018. I’ve had the car inspected and been told of the following:
    1. The timing belt is a year overdue for a change based on manufactureres recommendation (recommended at 5 years).
    2. The Handbrake has no reserve travel, as in it has to be pulled all the way up to bite. This would fail at MOT
    3. The front end alignment is out and the tyres are worn on the inside a considerable amount. I have measured the tread and they are within legal limits but the inside part of the tread is quite drastically different from the outside.
    4. The brake disc and pads are in need of replacement.
    I tried speaking to the dealership who were unhelpful and tried to fob responsibility. The car was purchased through a finance company on Hire Purchase. I’ve raised a complaint with them and sent them some pictures, a breakdown, and some other information they asked for.
    My question is what should I expect as a response to my complaint. The finance broker and finance company are as of right now speaking as if they are on my side but I am uncertain what I can legally expect to be covered under my rights. I really like the car and don’t want to return it and would prefer for at least part of the repairs to be paid for by the dealership. The dealership is quite far away and I would have to take time off work to take it to them. I’m hoping they will allow me to take it to a repair shop local to me and at least reimburse me for the timing belt. Is this a very likely scenario? Thank you.

  264. Hi Stuart, My sister purchased a car from a local dealer, through finance, within a couple of weeks the gearbox (semi automatic) faulted, it loss the ability to drive in any gear, and came up with gearbox fault on the dash, it made a loud banging noise when it lost drive, we immediately took it back to the dealer and he could not fault the car saying it was how she was driving the car.
    The car continued to fault and he has now had the car back 4 times, also sending to main dealer (Peugeot) to have a diagnostic done on it, they found the fault did a soft ware update and removed the fault code stating the car was ok, since return it has faulted again.
    The dealer and finance company have so far declined to have the car back and we feel we are banging our heads against a brick wall. A local solicitor wants hundreds of pounds to write a letter to them.
    Peugeot also confirmed they have seen this car on numerous occasions for the same gear box fault since 2014 carrying out numerous repairs on it, they have also provided us with the receipts to confirm.
    What can we do?

  265. Hello Stuart

    I purchased a new car 68 plate earlier this month collecting this on the 9th October from a franchise dealer. I got a great deal through the manufactures own scrappage scheme getting 10 times more than the trade in value for my old car. On collecting the car and driving off the forecourt I had a warning on the dash that some of the safety systems were disabled due to ‘camera high temperature’. I contacted the dealership advising them of the issue and they recommended that I take the car home (as they were closing) and return the car to them later. I called in at the dealership on the following Sunday for investigation. Whilst there they started the car and immediately a warning appeared advising that there was an ’emissions failure’ and the MIL light illuminated. They took the car out and couldn’t get it to go above about 20mph. My car was left with them and I left in a courtesy car. Later that week I was advised that the emissions problem was fixed but they were waiting for a camera to replace the faulty one. On the morning that I was due to collect I received a call from the service manager advising that the ’emissions failure’ fault had returned. The manufacturer have now advised them to replace a number of parts, DEF injector, line and pump however availability of some of the parts is unknown and will take a minimum of a week to arrive maybe longer. I am now in limbo and I expect that they will need the car for at least another 10 days to repair. Am I within my rights to reject the car under my ‘short term rights’ and would I receive any of the 4k for the scrapped car that formed part of the discount or only the invoiced value, noting that should I wish to go elsewhere I now have nothing to scrap or trade in.

    Thanks & regards

  266. I purchased a 2016 Renault Captur 17 days ago, as soon as it left the forecourt it came up with a tyre pressure monitor warning, we took it back and they filled the tyres. It’s since then had what I believe to be battery issues, asking me for the radio code continually (5 times one day) and issues with unlocking the car, Iwas told that the media nav needed a software and no fault was found with the locking(they did try to tell me the new Duracell battery I used in the remote wasn’t a Renault approved battery and that was why I couldn’t unlock it). When checking when I got home under the bonnet new tape has appeared which suggests the dealership found a fault and fixed it. Last night the tyre pressure warning came back on. I’ve lost the will with this car, the start stop turns itself on and off at will (I disable it as I don’t like it) and odd things happen still with the radio randomly disconnecting my phone while I’m in the car.

    • Hi Louise. In the first 30 days of ownership, it’s up to you to prove that there was a fault from date of purchase. You will need to establish what the exact fault is, as it is probably one particular electrical fault that is causing the various issues.

      If the dealership insists that there is no inherent problem with the vehicle, you will probably need a formal report from another Renault dealer or independent expert.

  267. Hi there, I purchased a range rover sport 2014 plate at end of May from a independent dealer, so covered by CCA I hope.

    It is fully serviced by land rover but also has land rover extended warranty on it. Unfortunately, the engine crankshaft seized up over the weekend driving normally and the extended warranty folk at Land Rover have rejected the claim, noting that the new engine required would not be paid by them as it is an inherent design fault and should be paid by Land Rover head office (e.g manufactuer). They have quoted a technical service bulletin which affects the chassis/engine/model I have.

    The claim for a new engine has now gone to the head office/manufacturer for approval but in the meantime, I am very worried given the figure is nearly £16k to replace the engine which I cannot afford, what I should do in case they say no.

    The car is on PCP and was bought from a trader. If Land rover reject the claim, which I am hoping they won’t, what are my rights and what would you recommend is the best route to go down. Given, this fault existed from new, would this warrant rejecting back to the finance company given it’s a design flaw which they have confirmed causing the crankshaft in engine to seize.

    I have been constantly worrying about this since it happened, it’s only been 3 working days since it happened and I have a courtesy car in place from Land rover. I suspect and sincerely hope, given this is a fault that the Land rover extended warranty department themselves have confirmed as being a design fault. which they have also released a technical service bulletin for the same issue, the manufacturer should cover it.

    However,

  268. Hi! Great article. I have a question though, i have been waiting for a new SEAT Ibiza since June and it was built 2 weeks ago and arrived today.

    It was only today that the dealership made me aware that there is to be a recall in November. I don’t really want to reject the new car (ordered it for a reason and been waiting ages!) but would there be any chance of asking to pay less for the car?

    If it makes any difference the recall has been publicized since at least May this year which is when another article I read was written.

    I’m guessing due to logistics of law probably just have to reject the car….

    • Hi Brian. A recall is probably not sufficient grounds to reject the car unless the dealer is telling you that the car is unable to be driven between now and November.

  269. Hi Stuart,

    Would appreciate your advice.

    I have a fault with my Brand new Jaguar e pace dynamic first edition purchased on PCP in March 2018.

    On collection I had difficulty connecting my I phone following my first drive I informed the dealership
    that music was not playing £ when I did have music it was not in sinc different graphics , there were delays & loss of music completely when the phone was connected through the usb.At this time Inalso reported the problem to Jaguar head office.

    The vehicle went back & softwear was updated . The issue seemed to
    Be resolved but quickly returned

    Another software update was completed so I was told , again initially seemed ok but it wasn’t I lost the screen no sat nav, no music when phone connected loss of reversing camera , controls from screen etc.

    Another softwear update the original
    Panels on the screen disappeared & a new white screen nothing like what was in the brochure
    Again everything seemed to work but next day all the faults returned

    By this time I had driven 6000miles
    I had not completed one journey without a problem with my connectivity with my I phone& not being able to play my music which I have with all the other vehicles I have owned most recently with my excellent Landrover Discovery.

    On contacting Jaguar head office they arranged for me to take the vehicle to another main dealer. Over three days the vehicle had softwear updates& a new USB portAgain on collection the vehicle seemed ok but within a day the faults returned in fact was worse because if my phone was connected I had a screen which was constantly trying to update & nothing from the phone I should add that usually there is no problem using Bluetooth .

    I informed the dealer & Jaguar head office who advised that they could not resolve this fault & as a goodwill gesture would offer me £500 which would be sent to my dealer to refund to me. This I rejected.

    As it’s a PCP I have informed Jaguar finance& await there response.

    I seriously would like to hand the vehicle back but the current value is approx £38k I paid £47k six months ago a considerable loss !! £500 is pitty full when you buy brand new you expect reliability Every journey I have made has been spoilt Indonnot think it unreasonable to be able to play
    my music through my phone&charge it connected to jaguars computer!!!

    For the last three weeks I have been unable to do this I have now done almost 8000miles with six months ownership.

    Your comments would be appreciated

    I

    • Hi Michael. If you bought the car in March, you are probably outside your first six months now (although you can deduct any days that the car has been back at the workshop, so you may find you can deduct enough days to still be inside six months). If you are outside six months, the onus is on you to prove that car was faulty from Day One, rather than having developed a fault after you took delivery.

      Rejecting the car after six months is far more difficult than doing so within the first six months, when the onus is on the dealer to prove that the fault was not present from new. You’ve also covered 8,000 miles, so it makes it difficult to argue that the car is sufficiently faulty to reject it altogether.

      I would suggest that you speak to a lawyer to help represent you to Jaguar, as the Consumer Rights Act is possibly not the best path to getting this resolved.

  270. Hi Stuart.

    I purchase a used Fiat 500x (2017) from a fiat main dealer on the 13th June this year. On the 12th August this year the vehicle refused to start and was towed to the main dealer. All of the error messages related to safety systems, air bags, power steering and brake system. The fiat recovery company diagnosed ECU / electrical failure.

    The main dealer were not able to diagnose the fault and put in writing that they wanted me to take the car away and “test it”. They had not even taken the car offsite for a test drive themselves. After three days of arguing, the dealer told me to reject the car and take it up with the finance company. I formally rejected the car on the 15th August this year.

    Six weeks later, with no courtesy car, the finance company (Fiat Finance) have not even contacted me yet. Every time i call I am not able to speak to the case handler (on another call) and i get promised a call back. They never do. I have written a dozen emails and letters, and have had no response. They do keep stating that they have 8 weeks to investigate, which i begrudgingly accept, but with only two weeks left I am yet to be asked for my side or my evidence.

    Can you advise anything else i should do / try?

    • Hi Phillip. If you’re not getting anywhere via the official process, you’ll need to get some legal assistance. Letter from legal firms tend to get more attention than those from customers, unsurprisingly. However, there’s probably no point taking that step if you are still within your eight-week window as the finance company could still come back to you in that time.

  271. Hi Stuart. I purchased a 2017
    Mercedes A class 180d SE auto on 14th september. Ive had it for nearly two weeks and i absolutely hate it. It drives terribly slow and sluggish. It barely moves off from a standstill and is completey horrible to drive.
    This car came down from Scotland and although i test drove another car i didn’t test drive this particular one. I hate the car and want to change it. Arnold clark have agreed but they will buy my car back for less than i paid, leaving me 2k out of pocket because this is what i put down as a deposit. The car was £16.500 . the problem is i can’t afford to lose my 2k is there anyway i can avoid this? Can’t believe all these cars drive like this so im getting it checked out today , although i doubt they’ll identify a fault . i just can’t see why they wont buy it back for what I’ve paid for it or at least close enough so i can use the deposit on another car. Any advice?

    • Hi Michelle. A dealer is not going to refund you full price for a perfectly satisfactory car if the only problem is that you don’t like it.

      If you are claiming that the vehicle is not of satisfactory quality compared to other identical A180d SE auto models, you may have a case to reject the car under the Consumer Rights Act. However, you will need proof that the car is faulty if you want to pursue this action.

  272. Hi Stuart-purchased a used Golf from Evans Halshaw in Feb 2017 paying the market value for the vehicle and part ex my previous car.Used the car during the year and routinely serviced it as well as needing to replace front tyres.
    The servicing revealed that the vehicle had suffered a significant impact which had affected the wheel hub assembly,front wheel and suspension. VW expressed concern with respect to the quality of repairs undertaken and the front wheel could not be balanced as it was out of shape.
    Upon some research discovered that the vehicle had been in an accident in Sept 2016 and was recorded as a Cat D loss-we have the date of the accident and the date of the loss transaction.
    None of this was made known to me upon purchasing the vehicle and the report from VW which was very revealing included the fact that a wheel nut was missing from the front wheel
    Made EH aware of the issues and their response was to contact HPI -HPI contacted the insurance company to query the categorisation and then affirmed that the vehicle had been categorised in error and was changed on Sept 7 2018 and that therefore EH had not sold me a Cat D vehicle.
    Even if we leave aside the categorisation change which is at best “convenient” what advice would you give as to my best course of action?
    Been to the dealership but they have refused to take the car back.It has done significant mileage since purchase and apart from the wheel balance issue had driven satisfactorily.
    However in the back of my mind this vehicle’s history raises serious questions in my mind about its safety and clearly I was sold something that was not as it appeared

    • Hi Adrian. A dealer is required to disclose if a vehicle has been written off (what used to be called Cat C or Cat D, now called Cat S or Cat N), however they are not required to disclose minor accidents – although if you ask a question about whether the car has been in a previous accident, they obviously can’t lie about it. Usually they’ll simply say “Not to our knowledge” and generally the salesman won’t want to ask the technicians any questions in case the answer is yes…

      A Cat D write-off (now called Cat N) is a non-structural write-off, where the car has received enough damage to make the cost of repairing greater than the value of the vehicle. This happens all the time and it should be perfectly safe to drive. I had this myself earlier this year, where a very minor impact to the front left corner of my parked car from another driver was enough for the insurance company to write it off.

      It is also inevitable that there will be errors in the system where a car is recorded incorrectly – eight million used cars change hands every year in the UK, so even a tiny percentage could mean hundreds of cars are incorrectly listed.

      You’ve had the car 18 months and say you’ve done “significant” mileage, so trying to prove that you were sold a faulty vehicle is going to be very difficult. The dealer could easily argue that you caused the damage yourself by striking a large pothole or kerb at speed (and that can definitely be enough to cause substantial wheel and suspension damage). The onus is on you to prove otherwise.

  273. Hi Stuart
    I purchased a 2013 automatic Seat Leon from a well known car trader 8 months ago, 47700 miles on the clock. Last week it broke down. A Seat dealership have looked at it and advised me that the Mechatronics unit has an oil leak within it and the whole thing needs to be replaced at a cost of £2000. They advised me that it has been caused by excessive harsh driving over a prolonged period of time. I am a sensible driver and the Seat representative stated that there’s no way in the short time I have owned it and short distance I have driven it, that I could have caused the damage. It is quite clear that whoever owned the vehicle before me ran it into the ground. Where do I stand approaching the trader and asking them to cover the costs of repair? Many thanks, Elizabeth

    • Hi Elizabeth. Given that you are past the first six months of ownership, it is your responsibility to prove that the car was faulty at point of sale. With a five-year-old car that’s covered 50,000 miles, it’s difficult to be able to prove this. You will need written opinion from a specialist garage, and you’ll probably need to get yourself some legal assistance if you want to chase the dealer for covering the repair costs.

  274. Hello Stuart,

    I have a Range Rover Evoque on a PCH. It’s a 48 months term. The car is now almost 14 months old. I have had the same problem fixed and replaced 4 times now. It’s the DPF filter. The car has done 20,000 miles. I don’t do many short journeys. I understand the obligations of having a diesel and the DPF filter. I have to top up probably too regularly as it is with the warning lights always asking for more of the emissions fluid. I even use a fuel cleaning product in every 3rd tank as suggested by the dealer after the second replacement of the filter. 21 days ago I got the car returned with a new filter and a new back box. The car has been for a service in that time and had all fluids topped up where necessary. It’s went into red light and limp mode again today without any warning ⚠️ lights. Roadside recovery have taken me home and the car to the dealer for the 6th time since October 17. Have I got a case to give the car back? On speaking with Lex AutoLease they have simply told me to deal with the main dealer as the issue is with them. Once again I am without a car. A brand new car is supposed to be reliable and not cause this many head aches in the first 14 months. Any advice would be appreciated.

    • Hi Alexander. Welcome to Land Rover ownership (well, leasing). Have a look at this thread in our forum about Land Rover DPF issues, as well as plenty of other sites on the internet – some of which are linked to from that forum thread.

      There appears to be an inherent problem with DPF systems on several Land Rover models that JLR is refusing to acknowledge. The owners’ forums have covered this issue in considerable detail, with other owners reporting their experiences in dealing with JLR. I’d suggest you start there and see what others have done to get it resolved.

  275. Hello Stuart,

    I bought a 2015 kia sportage (42k miles) on the 10th sept from a VAT reg’d used car dealer. 4 days later the car went into limp mode and the engine management light came on. I returned it to the garage who said i put bad diesel into it. They showed me some of the diesel in a bucket but i did not see them taking the sample out of the car. I put 25lts of normal petrol station diesel into the car on the 11th sept. They could not get the car going after they claimed to have changed the fuel filter and diesel. They sent the car to Kia who read that the car had low fuel pressure. Kia then checked the diesel and claimed it looked bad. The car is currently back with the used car dealer who i going to drop out the tank, clean it and put new diesel in and a new fuel filter. I have doubts that the used car dealer is being honest with me. I didnt see them taking the sample and they havent provided me with enough of what they say is the diesel in my car to get tested. I feel that they are trying to muddy the waters to prevent me rejecting the car. At this point i am lost and stressed out. Can i reject this car?

    • It sounds dodgy, but in the first 30 days it’s up to you to prove that the car was faulty when you bought it. You’d need an independent inspection of the vehicle, but if they’ve already changed the filter and cleaned out the fuel then it will be difficult for another garage to find any evidence.

  276. Hi Stuart,

    I purchased a new car from a franchise dealership just over a year ago now, however I have been informed of a recall telling me not to use the middle rear seat, additionally the ‘fix’ they have asked me to take the car in for will not completely repair the issue and they will continue to insist I don’t use the seat.

    Am I within my rights to complain/return the car?

    Kind Regards,

    Sam

    • Hi Sam. You may be able to reject the car under the Consumer Rights Act, since the manufacturer is acknowledging that the car had a fault from new that makes it unable to fulfil its basic duties. However, even if you are successful in rejecting the vehicle, the dealer will be able to deduct an amount for your usage of the car for more than a year and there’s no agreed formula on how this should be done. So you can expect that they will offer you a very poor percentage of the original price.

    • Hi Sam, I think we have the same issue. Is your car a new model VW Polo/SEAT?
      Have you made any progress with them that you can share with me?? We have a PCP deal, what about you?
      Thanks
      Emmet

  277. Hi Stuart.
    I have had a new VW Polo three years ago and experienced a problem with the infotainment screen going blank on occasions. It went to the dealer several times and the problem was not really fixed and the fault appeared again shortly before we were due to PX the vehicle. The vehicle was PXed with the fault.
    I have just purchased 5 weeks ago a new top of the range VW Polo the infotainment screen has failed 5 times , going blank. This means I cannot use any features including essential features such as Sat Nav, hands free phone, changing the radio channels. The dealer said that they had a software fix for the problem. This has not worked. VW Technical dept. are now involved and have asked a series of questions.
    I have a bad feel that this is not going to be resolved but must let the dealer have a chance of putting it right.
    How long would be a reasonable period for the problem to be fixed. Given that the car is barely 5 weeks old, could I reject the car and at what point
    You thoughts appreciated
    Meurig Williams

    • Hi Meurig. Rejecting a vehicle over a faulty infotainment screen via the Consumer Rights Act is probably not your best option – if it was disputed and ended up in front of a judge, it would be difficult to argue that it renders the entire car faulty.
      Unfortunately, Volkswagen’s reputation for customer service and all-round honesty is at rock bottom these days, so you could be in for a long fight to get them to fix it under your new car warranty.

  278. I brought a car from Evans Halshaw and picked up the car on 30th March, I paid £3800 cash, had £1000 for my trade in and have two years on finance £210.16 PCM. The cars engine management light came on and I took the Nissan Juke back to the dealership who got the light off, when the light came on again I went back to Evans Halshaw who advised me to take it to a Nissan dealership who would do a more thorough diagnostic check. Nissan did this three times as the light was repaired the light would come on again and again. In the end they changed the ECU. I collected the car on Friday 17th August and on Tuesday 20th August the engine management light came on again. I’ve since spoken to the finance company and have said I want to reject the car. I’m still paying the finance. Evans Halshaw have repaired the car once and the car was repaired three times at the Nissan dealership. Any advice is appreciated.

    • Hi Cleo. You are still within your six-month window, so if you want to formally reject the car then you should do so soon (in writing, to both the finance company and the dealership). The dealer will then be entitled to one more chance to fix it (anything done before your rejection letter doesn’t count). If they can’t fix the problem, you are clear to proceed with the rejection.

  279. Hi Stuart

    I bought a used car from a large dealership in March. All seemed OK on a short test drive. However within 4 weeks I was noticing a pronounced juddering on acceleration using the car. It was an intermittent occurrence but worse when the car was used for an hour or so. I took it back to the dealer (an hours drive from me) and left it with them for a couple of days. They said they couldn’t find the fault or replicate it. I took the car back and continued to use it. The issue continued and I took it to a local garage 3 times to diagnose the issue and they say its probably the gearbox. I have it booked into go back to the garage I bought it from but that date will be after the 6 month period expires. So I don’t know what to do. I acted in good faith taking it to them and getting it diagnosed at my own expense with another local garage. I am also supposed to drive to the south coast in holidays this week so should I get it in writing from the dealer tat its OK to drive it? I’m really stressed about the 6 month deadline passing.

    • Hi Alan. If you believe you have valid grounds to reject the car under the Consumer Rights Act, you need to do so before your six-month limit is up. That means it is up to the dealership to prove that the problem was not present when you bought the car.

      If you wait until after the six-month point, it will be up to you to prove that the problem was there from the day you bought it, which will be virtually impossible.

    • thank you Stuart. I did indeed get the car to be taken back to the dealership and they have been great. Turns out the car has a faulty gearbox and is away for inspection/repair. Thank you for your reply :)

  280. Hi Stuart

    We purchased a NEW car. On arrival it had a rattle which we reported immediately and suggested to the garage we might reject the car, but did give them chance to repair. It took nearly two months for the garage to book the car in for the repair and then to ‘fix’ the issue (we had the car for just a few days out of this time-frame). The day they notified us that the issue was fixed however, we also received a product recall saying that ‘the car could not be used as a five-seat vehicle for the foreseeable future’. We wrote a rejection letter, and took it and the spare key to the garage. We got the sales manager of the garage to sign a copy of the rejection letter to say it had been received. Everyone (including SEAT on the phphe) thinks the case is clear cut.

    However, that is now three weeks ago, and despite repeated attempts, we cannot get the garage or the manufacturer to either formally (in writing) agree or contest our rejection. Whilst I can see that the retailer has 14-days to make a refund once a rejection has been accepted, I cannot find anything in the CGA2015 to suggest how long the retailer has to determine their stance. I would have thought a similar 2-weeks was more than enough for a retailer to establish the facts of the case and make a decision, but as I say, I cannot find anything that sets any timeline (other than 8-weeks under the Motor Ombudsman), but we cannot be left without a car or the money for 8-weeks surely?

    Any advice?

    Steve

    • Seat are part of the Volkswagen Group (VAG) which confirms why you are being “hung out to dry”! You do not have to undertake much research to discover what a despicable car manufacturer they are!

      My wife purchased a brand new VW Tiguan at a cost of £44k and since delivery has been embroiled in a new car dispute with VW for 16 months for which we explored every avenue to get a resolve, involving the selling dealer, the manufacturer, the finance company, DEKRA and the Motor Ombudsman. Do not waste your time and effort with the Motor Ombudsman because their customer service and success rate in favour of the customer is appalling, which again comes as no surprise as the Motor Ombudsman Service is entirely funded by car dealerships who want to be part of a protectionist club!

      Since December 2017 we have had to resort to legal representation which is our only hope of concluding our concerns. In the meantime my wife’s Tiguan having travelled only 3,000 miles in 19 months is parked on our driveway for which we are still maintaining HP payments, GAP, road tax, and servicing.

      The CRA 2015 is entirely designed to suit ‘the business’ and not the private customer, that is unless you have a healthy bank balance to fight these sharks in the courts. Fortunately for us our legal costs have been met by our house insurance.

      I wish you all the best in concluding your dispute ;)

    • Hi Steve. You’re right; as far as I’m aware, there’s nothing that specifies how quickly the dealer has to respond to your rejection. You can either get a lawyer to send threatening letters, or you can call them twice a day, every day, for updates on what’s going on until they eventually pull their fingers out and respond.

  281. Hi Stuart,

    Purchased an Audi A6 (2015 for £17,750) from a main dealer just one week ago. Two days after getting home with the car, I discovered that the front and rear panels on the passenger side were resprayed at some point. I had asked the sale person on inquiring about the car initially if the car was every in an accident or had any damage to it and I was told no. I did noticed that the front bumper had been resprayed on collection of the car, but was happy to accept this as I realised this is common practice to repair stone chip marks etc. However, to discover that two of the panels on the side of the car have been resprayed has left me with a lot of questions about its history.
    I have asked the dealership to explain to me why the panels required respraying but I have not received a reason from them. Do you think I am entitled to reject the car on the basis of not been told the truth about the damage to the car when I first asked if there was any previous damage to it?

    • Hi Dermott. I don’t think you’ll get very far trying to reject the vehicle under the Consumer Rights Act, unless you have written evidence that you asked if the car had suffered any damage and were specifically told that it hadn’t. A verbal conversation won’t stand up as proof.

      It’s quite possible that the respray work happened under a previous owner and the salesman wasn’t aware of it – they generally don’t go looking for damage so they don’t have to lie about it!

  282. Hi Stuart
    I purchased a 12 year old Audi A4 with 60k miles 4 months ago. The car has developed an ABS fault. I have attempted to obtain a refund under the act(reject the car) following one failed attempt at repair by the garage. The garage are now say that as I changed the wheels on the vehicle they are not liable for the abs issue as it may have been caused by my changing the wheels. Does this sound right? Thanks

    • Hi Doug. Changing the wheels probably wouldn’t trigger an ABS fault unless they affected the rolling diameter of the overall wheel/tyre combination. You’d need to discuss this with an Audi dealer.

  283. Hi Stuart

    I brought a 9 seater Ford from a dealer on Tuesday but before I brought it I asked it was a v6 as I live in the city of London an he said yeah its a 16 plate.. So taking he word as he seems to know what his was talking about I got the finance an had to pay 2000 up front… On Thursday I took it to a Ford shop as I had a little doubt an wanted to make sure an they said no it’s a v5. I called the dealer immediately an he started stuttering saying r u sure o I’ll call u back… Waited hrs then said there is nothing they can do.. I called the finance today an they said if I terminate I’m have to pay £12, 500 towards the car.. I just want the same car with a v6.. I’ve made a complaint with the finance… But do I have any right as I’ve only had it for 3 days

    • Hi Jane. I’m not sure about this – I wasn’t aware Ford sell a nine-seater vehicle in the UK with either a V5 or V6 engine. I thought they were only four-cylinder models.

      In any case, it’s likely to depend on what you have in writing. If all you are basing your claim on is a verbal discussion with a salesperson, they can easily argue that they never said that and there’s no real proof to say who’s telling the truth.

  284. Hi Stuart, I have recently bought a BMW 1 Series less than 4 months ago and I realised that there is water ingress in the battery and brake light compartment, this has caused electrical components to corrode and was causing electrical faults in the car. I took the car back to the dealer who said they would sort this issue. They had it for over a week and they returned it and told my partner that they couldn’t find where the water is coming from, I believe they just wants the courtesy car back as they had someone wanting to purchase this. I have since emailed the garage stating that I am refusing the vehicle and that I want a full refund as they have failed to repair this issue. I have not yet had a reply from my email which I sent 2 day ago, where do I stand and what actions can I take?

    Thanks Matthew

    • Hi Matthew. If the original fault is causing electrical faults, you may well have grounds to reject the car under the Consumer Rights Act. Given that you have had the car for four months, you won’t be entitled to a full refund as the dealer will be able to deduct for your usage over the last four months. They are also entitled to one chance to fix the problem after you formally reject the vehicle, so the previous attempt doesn’t count.

  285. Hi Stuart,
    I’ve bought none Toyota car from main Toyota dealer, on my test drive I’ve noticed that auxiliary belt needs changing, one tire less than 2mm, and some water marks near the windscreen ( I thought it’s blocked sunroof drains) and I’ve asked sales man to sort it out before delivery and he agreed with that. When my car was delivered to me I’ve noticed that nothing has been done what I did asked all they did, they replaced timing belt which I did not asked for.
    Few days later it started to rain and I’ve noticed that water coming inside, I’ve contacted dealer I purchased car from and they told me that i can take it to my local Toyota garage I was waiting all week to get the car there and when they got my car local Toyota Contacted Toyota,who sold me my car, they refused to pay them so i got my car back unfixed. I’ve contacted them my self and got old that they have to check the car so i tuck it to them after another week waiting for the free space at their garage because they were very busy. Week later i got my car back completely unfixed and they have damaged my interior.
    I’ve contacted Toyota claims department and told them my story, minutes later I got the phone call back from Sales manager and they have told me that they will sort everything out. Bucked in again at my local Toyota dealer (2 weeks waiting time) tucked car in and same story again they could not get approval from them to do the job ( it’s a two different Toyota groups) so I’ve got my car back as it was on delivery date.
    I had a car from our local Toyota before and I never had any problems with getting it right so that’s why I purchased my car again from Toyota on 16/04/2018, but now all I do have is problems and I’ve paid £13000.00 plus warranty £1000.00. My question is it possible to get all my money back? They had so may chances to get it sorted, but it looks like they not interested at all, I relay do like the car but I don’t want any more problems with them.

    • Hi Algirdas. I would suggest you contact Toyota GB head office in Epsom, Surrey and make a complaint about the way your issue is being handled.

      If you try to reject the car under the Consumer Rights Act, you won’t be able to get 100% of your money back because you are outside the initial 30-day period. The dealer will be able to claim a reduction in the refund amount for your usage over the last two months.

  286. Hi Stuart, we purchased a used car from a dealer in may. on the way home (40 mile trip approx.) I noticed the clutch pedal had a quite serious vibration but seemed to operate ok but this was never mentioned in the test drive in which he drove the car and even though I questioned that these cars had potential problems with clutches remarked what a lovely clutch it had, which it does apart from the vibration. after about 20 miles the engine malfunction light came on although the car was still driving ok albeit a bit sluggish on a few occasions. I got home and we looked up what the light was and if it was an easy fix, but turns out it could be quite expensive. I text the dealer next morning but being a bank holiday he didn’t respond until Tuesday and advised us to put some diesel cleaner in and take it for a long run which we did but it hasn’t made a difference. we contacted him again and he was willing to replace the valve quoting £52 plus for the part or he could blank it off because” they’re more hassle than what they are worth” to be honest my trust in him was rapidly disappearing by now so we left it at that. the next thing was that the central locking stopped working and that was the final straw for us and I text him explaining the latest problem. to be fair he wasn’t rude but you can tell that he is not going to be much help to us so we are taking the car to a local garage who we use and trust to have a proper diagnostic check at our expense and a quote for fixing the car, am I being unreasonable in asking the dealer to pay to have the work done at our local garage rather than going back about 40 miles to have him fudge the job himself and pass it off as fixed, he isn’t a mechanic or do you think we have grounds for rejecting the car we are still in the 30 day period, Thanks and sorry for it being long winded

    • .update, the car had a diagnostic done and it revealed two faults, one being the EGR valve and the other a g sensor which I believe is part of the ABS system, surely these would have come to light in its MOT the previous week!

    • The MOT inspection covers basic roadworthiness and does not delve into the internals of your car. The EGR valve is related to exhaust emissions – an MOT inspection wouldn’t reveal that, it would only report if the car failed its emissions test (and it wouldn’t know why). That’s presumably the valve that the dealer was going to blank off. The sensor in the ABS unit would also not show up on an MOT report.

    • Just for info unless visible or warning light on no pne know what faults are present in a vehicles ECU without a diagnostic machine so wouldn’t necessarily affect MOT test. Telling u to blank EGR is silly well depending on the year of the vehicle as MOT rules are tightening up on this if is newer (poss 2009 onwards bit not 100%)
      Hope u sort it taken almost a month of battles to get a refund on my car 16 plate broke down after 5 days lol!!

    • Hi Adam. The dealer will almost certainly refuse to pay another garage to fix the car, and they are not obliged to. If you want to reject the car, the dealer is entitled to inspect it for themselves to confirm the fault rather than just taking your word for it.

      Once you have a quote from your local garage for the repair, you can discuss it with the dealer. You are within your rights to insist that a repair is done properly rather than disabling the faulty part.

  287. Hi, my bro part exchanged his car and paid extra cash. The car was valeted and the test drive was done with the Windows down.
    The first time he used the air conditioning the smell of dog was unbearable, there is no way they did not know about it. Can he return the car because the smell makes him ill.

    • Hi Karen. He will probably struggle to reject the vehicle under the Consumer Rights Act if the vehicle is still driving properly. He can go back to the dealer and ask for them to do a better job of cleaning it, but it will be difficult to get his money back.

  288. Hello please can you help. I am in day of rejection of a used 16 plate vehicle. The dealer is 3 hours drive away and the vehicle has been diagnosed by a main dealer (is a non warranty wiring repair) as not recommended to drive. The non branded dealership claims they cannot accept the vehicle back unless they inspect it and that I must arrange to drive or recover it! This article states they are obligated to collect it, is this partnof consumer rights act then? They are accepting the reason for rejection but are making out these are my beliefs and when i correct him and say they are my rights he says well i disagree! I work for a main dealer and he is asking me to get him recovery prices (not that we do recovery at all). I need to hurry them along as my insurance policy needs to be cancelled within days or I have to pay a fee.

    • Update they are now backtracking (bought the car 18th it broke down 24th I rejected it 29th) saying they will collect it but claim I just pay 45 quid diagnostics bill. I had no way of knowing if it was a warranty repair without a diagnosis). They stalled for 3 days last week and haven’t admitted/apologised they should have never asked me to return it. Do they have to pay this bill legally (I feel they should pay as they told me to pay to get it to them previously)? Also do they have 14 days to refund me even though they haven’t got the car?

    • If they have asked you to get a diagnostic done at another garage, and you have written evidence of that, they should be paying the bill or reimbursing you for the cost.

    • Hi Aimee. The dealer has the right to inspect the vehicle for themselves before accepting your rejection, but unless they have given you a copy of their returns policy, it’s up to them to collect it. If they are refusing to collect it, you will have to force the issue. If the dealership is registered with the Motor Ombudsman, you can request a resolution via them. Otherwise, call a lawyer.

  289. Hi,
    I purchased a SLK280 from a dealer (non-franchised), it had no air con which was promised to be fixed, it was, but, it threw up another fault with the cooling fan, this is the email I received from the dealer after I finally managed to get him to look at it:
    I have been to see Gareth and he has whittled it down to either a fault with the ECU on top of the engine or a fault with the fan itself. The fan is running on emergency mode hence the frequency and severity of its operation. The diagnostic equipment Gareth has will not be in depth enough to get to the cause of the problem apparently (he tells me it would cost £38,000 to buy) and if the ecu needs recoding then this would have to be done at Mercedes as the download comes direct from Germany. I am talking to some Mercedes people in Southampton in the morning about it and will update you tomorrow.
    I have owned the car for nearly a month now, the dealer has had it for 10 days of that month and it’s still not fixed. I wish to return the car to him for a full refund, if he refuses, how do I go about it?

    • Hi Graham. The dealer is not obliged to accept your rejection, and they are entitled to inspect the car for themselves to decide if they agree that the car is faulty. In your case, they already have the car and have been working on it, so they should know this.

      If the dealer refuses to accept your rejection, it’s up to you to force the issue. If the dealership is registered with the Motor Ombudsman, you can request a resolution via them. Otherwise, call a lawyer.

  290. Hi Stuart, I purchased a Renault car from Morpeth in Northumberland end of January. At sale ,the dealer stated on the sale documents the car would receive a new timing belt as part of a ‘service on sale’, and the ‘handbook’ which we discussed contained maintenance book and service history would be issued to us following the installation of the timing belt. We returned the car as agreed a week after sale to have timing belt installed and collect handbook. Unbeknown to us, the dealer had given us the handbook for a completely different vehicle! In the following weeks we took the car to a Renault specialist due to not being able to select gears and the service light being illuminated. The Renault specialist who diagnosed among other things that the gearbox was not operating correctly and needed removal and possible repair. The car also need the most costly and involved service required due to the fact the car had no service history! I returned the car to the dealer where its been for 6 weeks. I’ve rejected it as ‘not fit for purpose’ and ‘not sold as advertised’. After many letters and emails they have not once answered why I have been given a handbook for a completely different vehicle, they have not furnished me with an invoice for the timing belt they agreed to be fitted. They’ve used a legal advisor to send me emails, all in a legislative tone stating they effectively have no obligation to provide me with any further service or repair. Do I have a strong case for small claims? and is there anything you advise I do before I press the button on the small claims application? I’ve furnished the garage with the Renault specialist report and given them 7 days to reply. Surprise, surprise they have not, so I’ve sent them a final rejection letter.

    • Hi Matt. It’s not unusual for a dealer to accidentally get the books mixed up and give you the wrong ones. But it is highly unusual for them to get lawyers involved, which suggests it may not have been an innocent mistake after all.

      Your case may hinge on the wording of what was promised: you said above “the car would receive a new timing belt as part of a ‘service on sale’, and the ‘handbook’ which we discussed contained maintenance book and service history would be issued to us”. That doesn’t imply that the car will have a full service history, merely that you have the right to expect the correct service book for the vehicle.

      If they’ve gone to the lawyers to try and scare you off, you will probably need to seek your own legal advice in return.

  291. Hi

    we purchased a car from Liverpool as we live in south wales when we signed the agreement for the car i done a mot checker via the government website, the mot had a few advisories so we asked if those could be repaired the dealer said yes but the car wont be able to come home with us on that day so the dealership lent us a car to go home in and they would deliver the car once the mot issues were fixed and also a new mot cert was promised

    the car was delivered 1 week later and we got told all repairs were completed my wife took control of the car had a quick look around and signed and went back to work as they could only deliver at this certain time of the day

    once my wife got in the car to come home the fans or parking sensors did not work so i rang them and they said the car is on a vauxhall recall so i rang vauxhall who said no its not

    long story short i have no resistor in the car but the dealership said yes there is as the man who drove the car down to us used the fans which is rubbish as there is no fuse, resistor and motor blower so the fans cant work with out these parts

    the dealership will not answer our calls the 2 year warranty provided is useless as AU warranties said they can fix a part if the part is not there to be fixed in the first place we have had the car 2 weeks now and still no where to getting the issues sorted the car is financed with rate setter who basically said its my wifes fault for not checking that car was in full working order but how many people actually take the glove box our to see if a resistor is there

    we just dont know what else to do

    • Hi Ben. Sounds like you’re being given the run-around from everyone at the moment. You can formally reject the vehicle (in writing, citing the Consumer Rights Act) – the faults are probably not sufficient to render the whole car faulty, but at least it will force the dealer to respond to you.

      Other than that, if they won’t respond to you then you’ll need to speak to a lawyer to represent you.

  292. Hi
    I bought an approved used Toyota from a main dealer about 6 months ago. It has an intermittent fault where it loses all power, especially when pulling away or overtaking. My argument is that this is dangerous, because more than once I’ve pulled out of junctions or at roundabouts to have the car stop in the middle of the road. Its been back to the main dealer 3 times for other issues and once for this fault. They tell me there is nothing at all wrong with the car. The car is also on finance, otherwise I’d just part exchange it and get rid! I’m stuck with a car that doesn’t work and a dealer who refuses to help – what can I do?

    • Hi Billy. If it’s an approved used vehicle, it probably has a 12-month used car warranty so you should be able to take it to another Toyota dealer to have it looked at.

      You may still be able to reject the car as you could be within six months – any time that the car has been back to the dealership doesn’t count towards your ownership for the purposes of the Consumer Rights Act. If you formally reject the vehicle, they will have one more chance to fix it but they can’t ignore it or fob you off.

  293. Hi Stuart
    I have a new van and was delivered direct to a company to get kitted out i took delivery 5 weeks later so when does my 30 days start.

    • Hi Steve. If you are using the vehicle for business use, you are not covered by consumer protections like the Consumer Rights Act so your 30 days will never start. If you have a problem with the vehicle and are looking to reject it, you’ll need to seek professional legal advice. I suggest starting with the legalbeagles.info website, which is an excellent free resource.

  294. Hi. I have purchased a 64 plate VW sharan from a dealership. on purchasing the car I took out both breakdown and warranty. I have had the car for 4mths and it’s broken down with a severely worn clutch. I have paid for this to be fixed as it is not covered under warranty. This doesn’t seem fair as it was clearly faulty when purchased (impossible to wear a clutch bare and broken in 4mths). On top of this advisory is a new cam belt and a cracked bush. Surely these should have been highlighted when the car was advertised/sold? do I have the right to return this car?

    • Hi Genna. Probably not. Clutches are not usually covered by used car warranties as they are wear-and-tear items that are very easily damaged by driving style – far more so than the engine or gearbox.

      You also can’t reject a car for an advisory – it’s legal at the point of inspection, but will need to be attended to at some point in the future. Depending on your driving circumstances, that could be next week, next month, next year or even beyond.

  295. Hey Stuart. i bought a 1 year old car from a dealership. I drove and inspected it. Then we negotiated for some time. Then i agreed to take the car. I went to the dealership, paid, did all the paperwork and the car was left outside the dealership so i could pick it up in the morning. When i arrived in the morning (before the dealership was open), i open the rear door to put my bag in a discovered some material in the seat foot well behind the drivers seat which was not mine. Unfortunately it had ripped the back of the leather seat. i immediately took pictures and sent an email to the sales team. They told me they would fix it “no sign of the repair”. They tried to repair but it actually looks worse than before. I am getting a little fed up of wasting my time have to get them to fix it. In just over 1 week i am at the 4 week limit. Do i have ground to just take the car back and ask for my money back as i am not satisfied with the car as it is not in the condition i view it. thanks

    • Hi Dave. If the condition of the vehicle has materially changed between signing the order and taking delivery, you are entitled to either the dealer fixing the seat to the level it was at the point of sale or cancel the purchase. The dealer will try hard to talk you out of cancelling the purchase, so you either have to stand your ground or insist that they fix the seat properly.

  296. Hi Stuart,
    I have purchased from a reputable Toyota delaership a used prius 59 reg, low mileage on 12 may 2018 on finance. Traded in my old car. On 7th day of using the car on the motorway some cover underneath the car came off and was dragging and making noise. Recovery was called to check and they observed the car to be extremely corroded. He couldn’t believe the corrosion and also advised it’s unsafe to drive the car and future fixes could be expensive. Outer body of the car looks clean but not underneath. Buyers never get to look underneath the car before purchase. Based on trust from a reputed dealership I purchased the car. I drive with my family only and I feel it unsafe to drive the rusted car. Can i reject it ? Many thanks

    • Hi Deej. You will need to get a written report from a specialist garage to back up your claim if you want to try and reject the car. It’s very unlikely that a nine-year-old Toyota Prius would have structural corrosion, so you will need convincing evidence of it.

  297. I purchased a car on finance 25th February 2018 two months later the red oil light came on, I contacted the dealership where I purchased the car from and they said to check the oil, which I did and the oil was absolutely fine, still not satisfied with this oil light coming on and going off I took it to the dealers to look at it, they sent me away saying it was nothing to worry about. That same week the car broke down and the AA had to take it back to them, this was on the 4th May. I visited them a couple of hours later to find out what the problem was as the AA said it was oil pressure. The mechanics told me it was an oil sensor and that I’d still be okay to drive it but I argued that I was not willing to continue using the car until something had been sorted as I’d broke down on the central reservation of a very busy dual carriage way and was not willing to take the risk. After numerous phone calls and them not keeping me up to date about the cars progress, I finally found out on Monday 14th May that it was the oil pump and they had been struggling to get the part. The car is nowhere near done and my payment for the car is due on the 25th May, I do not feel that is it fair for me to pay on a car that has been sat in a garage for two weeks and the courtesy car I was provided with only yesterday has a fault with the steering. When questioned about this they said, “yes the courtesy car has an intermittent fault but it is still safe to drive.” Where do I stand with rejecting the car that has been sat in the garage for two weeks and is due a finance payment this month when I haven’t been able to drive it?
    thankyou,
    Michelle

  298. picked up a brand new mobility car from Vauxhall on feb 2 2018 done less then 2200 miles when the parking sensors front and bk decided to stop working also to be locked out of the climate control took it bk today 17 5 2018 to be told its a software issue might take 1 to 6 months to get the update where do I stand on my warrenty and can I reject the car hassle free need advice..ty in advance

  299. Hi Stuart. I have bought the car two weeks ago. My mechanic has looked at it and found that the engine doesn’t work as it should. He has also discovered that the car takes oil in great amount, what has been confirmed after oil has been topped up. He says that the lack of oil could have permanently damaged the engine. I want to return a car to the dealer. What steps can I take to make sure I can use my 30-day short-term right to reject the vehicle under Consumer Rights Act 2015?

    • Hi Bartosz. It will certainly help to have a written report from an independent mechanic that backs up your position. Of course, that doesn’t mean that the dealer will play nicely and accept your rejection – especially if it means they have to buy back a car with a damaged engine.

  300. Hi Stuart, we bought a used car from a dealership on 20th dec 2017… the dealer provided a 3 month warranty but the car started having issues after this period. The engine light is on and the car has failed to start on numerous occasions. We have subsequently had to hire a car over the past few weeks, and have now bought a new car – because we deem the car to be unreliable.

    We contacted the dealer 2 weeks ago to outline the issues, in hope that they might take a look at the car and aid towards correcting the faults – We also mentioned the Consumer Rights Act 2015, which gives us 6 months from the purchase of the car to reject it – so until the 20th June 2018.

    The car has now been off-road for 1 month.

    To our dismay, the dealership have responded to say: “They will not assess the car, nor will they offer any refund or compensation”.

    We paid £2500 for the car (Mercedes 2005 C 2.20 CDI sports edition), and it has lasted less than 4 months.

    Their reasoning for this is: “Because the car has driven 6,800 miles from the day of purchase”

    Is this acceptable on their part? Do we have any rights at all?

    What can we do to prove that the issues where there regardless of the mileage?

    Do we have any rights?

    Thank you in advance for any advice that you can give to us.

    S

    • Hi Sarah. You can’t just have a chat with the dealer and mention the Consumer Rights Act – you have to formally reject the vehicle and cite the Consumer Rights Act 2015 in your rejection letter.

      The dealer will then have to formally respond to you. They are entitled to one chance to repair the car under the Act, but it is up to them to prove that the fault was not present at time of sale.

      If the dealer refuses to acknowledge a formal rejection under the Consumer Rights Act, you will have to take legal action against them.

  301. I purchased a 1.4 TFSI VW Tiguan on 9th April under PCP. after four days noticed a loud tapping from engine and returned to supplying retailer. VW cust care aware as complaint already placed due to time for vehicle to arrive as should have been with us before Easter!! Retailer have advised that noise sounds like a sound file for an oil pump bulletin and that I am to cover 1000km before they will re-assess. VW cust care asked for second opinion and on way to other retailer, the car kept shuddering and then completely cut out. was unable to start and had to lock/unlock vehicle with me inside in middle of road. Other retailer stated unable to replicate concern but had found a code for the start/stop system as this then showed as an error after the vehicle had cut out. the primary concern was again referred to the bulletin. we formally rejected the vehicle with our retailer on 9th May who were contacting VW Finance on Saturday. I have spoken to VW Finance Resolutions Team today as our rejection letter gave 14 days under Consumer Act and they have said it can take up to 8 weeks and they will decide whether this is worthy of rejection. Given that no-one can explain the cutting out of the vehicle, I am unhappy to drive the vehicle and have not done so since its return to us. I feel that this is not only a fault but a huge safety issue. I am now rather upset at the conversation I have had today and the fact that VW seem to be dragging their heels on this given the issues we have already had in trying to even get delivery of the vehicle in the first place. It has just been a catalogue of errors and I am being told to continue driving the vehicle. I am not prepared to do so.

    • Hi Amanada be prepared for a drawn out dispute.

      My wife has a 2017 VW Tiguan which has had a defective DSG gearbox since delivery although she wasn’t aware until outside the 30 day rejection period.

      The service provided by the selling dealer, VW Customer Service, Vw Finance and their technical department has been appalling. My wife’s Tiguan has not been driven since August 2017 after being inspected by a DEKRA engineer who confirmed the Drivetrain was faulty. I also contacted the Motor Ombudsman who after 9 months has ruled in our favour but still neither VW or the dealer are interested.

      We have now instructed legal representatives at great cost in our attempts to seek justice.

      In the meantime we have a 3,000 mile £44,000 VW Tiguan parked on our driveway which we cannot use and is costing us a small fortune to maintain in finance payments, servicing, Insurance and road tax.

      I wish you all the best!

    • On the basis of my experience 80/20 yes!

      The MO is a relatively new service which started off with about half a dozen adjudicators and office staff who quickly became overwhelmed by their workload, which had led to lengthy delays in response. The MO adjudication process is somewhat flawed which led me to insist on a final review and response from the Motor Ombudsman who has overruled her adjudicators conclusion (which does not happen very often) and now acknowledges that my wife’s Tiguan does not meet the standard under the Consumer Rights Act 2015.

      If you have finance on a car the Financial Ombudsman appears to be a far more efficient service.

      After 9 months and counting we are now awaiting the selling dealers response to the MO’s provisional decision. We also have our legal representatives dealing with VWFS with whom our legal dispute officially lies so we are some way before we reach a satisfactory conclusion.

      It is a very time consuming and frustration process, with most consumers just giving up and taking a massive loss. I however, intend to fight this dispute all the way in my quest to seek justice.

    • 6 months since i first contacted the MO and i am still waiting for a coherent response .
      The insurance industry is missing an opportunity , they could offer insurance to make rejection of a car easier.Covering the 30 day and the 6 month periods for rejection. If the insurance companies then pursue the garage/manufacturer for costs I think we would see a change in the attitude of garages and manufacturers.

    • Stuart I did contact them but disappointingly received no response. I just think the revision to the Sale of Goods Act (now the Consumer Rights Act 2015) offers no more protection to the consumer as the previous law. Manufacturers and Dealers exploit legal loopholes and cause great distress knowing that most consumers will not pursue a legal dispute because of the huge financial costs.

    • It’s frustrating. The law does provide more clarity and protection, but you need to pursue your rights in court and that’s always going to be expensive. Hopefully you win and are able to claim all your costs.

    • Hi Stuart VW HQ are not interested in the slightest as they are well aware that my wife’s purchase is a contract with the dealer and VW Finance. We have attempted to resolve the issue with her VW Tiguan amicably to no avail so we are left with no other alternative but to pursue her dispute legally through the courts which we will along with claims for all vehicle related incurred costs and interest!

  302. hi stuart i wondered if you could give some advice please , we purchased a brand new Citroen C3 diesel , before we bought we mentioned the DPF filters on diesel and the saleman told us this engine didnt have that problem, however within 3 weeks the dpf came on, we did exactly as the handbook said but still was in limp mode we took it back to the main dealer and they took it out for over an hour and still the light was on, they said there was nothing wrong with the car, so we rejected within 30 days, they have lied to the onbudsmnen and are now taking us to court which we will happily attend because we want the truth to be told, just wondered what your thoughts are please

    • Hi Steve. It’s highly unusual for a dealer to take a customer to court, so there is presumably more to this story than you’ve let on. Generally a dealer will want to avoid court action at almost any cost, so they must feel they have a very strong case.

      You can always try contacting Citroen UK head office in Coventry to complain about the dealer’s conduct to see if that helps resolves the matter without going to court.

  303. Hi there, we bought a brand new smart car from Mercedes of Ascot in December 2016 having now done just over 3000 miles. It has been returned for a recurrence of a problem whereby the engine falls into limp mode for no apparent reason when waiting in traffic or slow moving traffic. Tomorrow will be the 7th or 8th return for the same issue, and them having ran diagnostics and changed out many parts, still seems no closer to resolution. Where do we stand with our rights at this stage to ask for exchange or cancellation of agreement?
    Thanks

    • Hi Neil. You are well outside the six-month window where the Consumer Rights Act works in your favour. You’re probably best served complaining to Mercedes-Benz UK head office in Milton Keynes about the issue as the car will still be under warranty.

  304. Bought a second hand car, within a week it started making a noise, got it looked at, said it was the fly wheel so the seller had it back to sort it, saying he had it done along with a clutch but this didn’t solve the problem, so asked for a refund, still within the 30 days, he now says we owe for the work so he deducted 500 pounds, is this right or are we entitled to a full refund? Only drove for a week.

  305. Hi, I purchase a car through finance after 5 weeks the clutch and wheel bar broke – it has been in a garage for 8 weeks with Fiat who couldn’t diagnose it until now leaving us with a £1800 bill due to clutch breaking due to wear and tear – something two garages have said would not of occurred over 5 weeks if the clutch was in satisfactory condition and the problem was already there when purchased . Only having the car 5 weeks we wanted to go through the rejection process but finance company are saying the dealership are not willing to pay or allow rejection? Is this covered under consumer right act?

    • Hi Elle. If you are rejecting after 30 days but before six months, it’s up to the dealer to prove that the fault was not present when you bought the car, rather than you having to prove that it was.

      However, that doesn’t mean that the dealer will play nicely. If they are refusing to acknowledge a formal rejection notice, you will need to take action against them. Or, if they are signed up to the Motor Ombudsman, you can request a dispute resolution through them.

  306. Hi Stuart,

    I bought a used car (2008 Audi S5) in February this year and 2 weeks ago the gearbox got stuck in reverse, which now happens every time I put it in reverse (can only get it out by harshly re-engaging the clutch and holding the brake). An independent garage looked at it and confirmed the issue was with the gearbox, which he noticed was a reconditioned gearbox. They have quoted £1440 plus VAT just to remove the gearbox and diagnose the issue (a lot of labour required as it is 4WD). As the fault is with the reconditioned gearbox (so an underlying issue with the car present before I bought it), do you believe I am entitled to request to reject the vehicle, due to this being a significant fault? They are arguing as it was working when I collected it that they are not liable, however had I known the car had a reconditioned gearbox I would not have bought it, and it is obvious the reconditioned gearbox has not been rebuilt properly. They have offered the to have work done at their own partnered garage, at trade cost to me, however I don’t think this is fair for me to pay and them not? It is also very inconvenient to me as it is an hour away.

    Thanks, Sam

    • Hi Sam. It’s a ten-year-old car, so there’s nothing wrong with it having a reconditioned gearbox. You are outside the first 30 days but within the first six months, so it is up to the dealer to prove that there was no fault with the gearbox when you bought it, rather than you having to prove that there was.

      However, the dealer is entitled to one chance to fix the problem before accepting a rejection. If they fix it, you can’t reject the car. Also, they are entitled to deduct an amount from your refund for usage over the last three months. That’s an entirely negotiable amount of money so you will be in for an argument about how much you would end up getting back if you are able to reject the vehicle.

  307. Hi Stuart
    I bought a used car (2011, with 67000 miles) on 28 April 2018. On the drive back from the dealer (100 miles) we got a low oil light, so I got home and topped it up. In total until I stopped driving the car on 5 May 2018 I have completed 400 miles but had to top up 2 litres of oil with a further low oil warning light. I suspect this car is not fit for purpose. I have discussed with the dealer and they are trying to arrange to collect the vehicle from me which of course I will be happy to facilitate.
    I have noticed the car also has faulty dashboard lights that would prevent me from being able to read the speedo in the dark which I suspect would also constitute a significant fault
    Should I or am I obliged to let them try to repair the car or would I have grounds now to reject it and ask for my money back still being within the 30 days window?
    .

    • Hi Jonathan. The dashboard light may be nothing more than a bulb or fuse, in which case it wouldn’t constitute a significant fault. The oil loss is likely to be the real issue.

      Assuming that it’s a significant problem (rather than a plug falling off from not being tightened properly, which happens quite a lot), you do not have to accept a repair. However, until you know the cause of the oil loss it’s impossible to say.

  308. Hi
    My son bought a car from a big dealership – an intermittent noise developed within a week – took to a garage said cld be a wheel bearing – 66 plate car!
    Spoke to dealership they said take to main dealer for bmw as still under warranty – once on Ramps BMW’s found car has been in a head on collision we were not made aware of this – and If we was wouldn’t have bought it – and shoddily repaired by someone other than bmw which subsequently makes the main dealer warranty null and void – list of things wrong with car run into thousands to repair – and still don’t know what the noise is! We are within our 30 days but fear they will refuse our request for a refund – car is not road worthy. They are saying they want to do their own independent inspection – fair enough – but we have a full written report from BMW if which they have a copy stating the dangerous and poor condition of the car – this car could have killed our son.
    If they refuse – legally they can’t as within 30 days – but they will try – what would we do as a next course of action.

    • The dealer is not obliged to accept your rejection – otherwise customers could make up any excuse to reject a perfectly acceptable car – so they are within their rights to inspect the vehicle for themselves rather than just take your word for it.

      Assuming that the report you have is accurate, you should have very strong grounds to reject the vehicle under the Consumer Rights Act. However, if the dealer does not accept your rejection then it will be up to you to prove that the car was not fit for sale at the time you purchased it.

  309. Hi we ordered a brand new van for my partner paid in full so all we had to do was pick it up yesterday . When we arrived we inspected the van and found several dings and scratches , the colour coded bumpers didn’t seem to match as they appear dull . The dealer said they will fix the dings and scratches but tried to say the bumpers are like that looking at other van their bumpers match the bodywork we are wondering what my partners rights are . We walked away without signing for the van and left it there Very disappointed that it doesn’t look perfect but are we being too picky ? Just wondering what our rights are as the van is registered to my partner .

    • Hi Susan. If the vehicle is for business use (or joint business and personal use), you don’t count as a consumer under the Consumer Rights Act and therefore are not covered by the provisions in the Act.

      If the vehicle is for 100% personal use and was bought by your partner as a private individual, you are covered. It will then depend whether the vehicle is different from how it was advertised. Certainly you should not expect any damage to a brand new vehicle, but the dealer should have repaired that before delivery.
      The issue of the bumper colour may depend on whether they were painted at the factory or by the dealership.

  310. Hi Stuart ,
    Thank you for the reply, it is much appreciated.
    The van is for personal use and registered in my name, it is used as a second vehicle in our household for camping . running around town etc ,
    As they have already made it clear they are not going to accept any form of liability, Looks like I will have to go down the small claims route , I wish I had done some research on them before I bought it, as they have plenty of form on flouting the consumer law, and disregard for the consumer, including at least one high profile court case where the consumer won..

    However what do I do in the meantime ? do I just park the van up on my drive (bearing in mind its currently un driveable anyway due to the drive shaft problem ) and wait for the court process to take its course, as i believe it can take many months The problem is its going to leave me struggling as I paid over £3000 cash for this vehicle and need the money back from the dealer to purchase a new one as funds are limited etc . I would have to either borrow money or get a new van on finance if I cant get quick access to my money back. and also with camping season upon us I need a van to get us to the campsites we have already booked and paid for.
    Where do i stand re this, and what other expenses can I claim from them for not complying with the law leaving me out of pocket etc,

    As they have already made it clear they are not going to help, Is It possible to have the van repaired myself, ? and instead issue a small claims for that cost instead, as i have had a quote of £750 from a local mechanic, bearing in mind the part alone is almost £500 +vat, at this moment in time £750 would be easier for me to access than £3000 ,

    What is the best way to proceed with this. ?

    Thanks

    • You would be best advised to speak to a lawyer to discuss what you should and shouldn’t do with the vehicle while you are pursuing the dealer over the matter. Really, you shouldn’t drive it at all if you can avoid it, but a lawyer will be able to work through the whole process with you.

  311. Hi
    Got a new DS 4 through PCP in Dec 2016. Feb this year broke down sparks plugs disintegrated. Yesterday broke down again breakdown mechanic said cylinders have gone.
    Would I be entitled to reject this car as unfit for purpose
    Thanks for any reply you can offer

    • Hi Sharon. You are unlikely to be successful in rejecting the car under the Consumer Rights Act, as you have now had it for 18 months. Your best bet is to pursue a suitable fix via your new car warranty.

  312. Hi.

    We bought a car on finance 3 weeks ago. We had RAC recovery come out after a week as it wouldn’t start. He had a quick look under the bonnet and found a few problems and said we should get it looked at by a garage. We took it to an independent garage who found several faults, one being the fact it had been in a front end accident and the welding between the crumple plates and the chassis wasn’t up to scratch and would give way if involved in another accident which is dangerous. They also found 2 leaks in the exhaust which is making fumes enter the vehicle. We informed the garage who have had the car back all week and they have just informed us that their garage have found no problems and they won’t be doing any repairs. What is our next step as we really like the car but feel unsafe having our children in it with these faults. Many thanks

    • Hi Stacie. If you feel that the issues you have mentioned render the entire car faulty, you need to formally reject it under the Consumer Rights Act. If is it within 30 days of first taking possession, you don’t need to accept a repair. However, the dealer is not obliged to accept your rejection, which generally means you need to take legal action to try and force the issue.

  313. Hi,
    On 31st March I bought a small van from a dealer. It did have high mileage of 166,000 but a full and comprehensive main dealer history,
    On the 26th April while reversing off my driveway it started to make a loud banging noise which appeared to be coming from the front of the van/engine , and the van felt jerky, As it didnt sound right, and certainly wasnt moving right I parked it back up on the driveway, As a female I dont really know much about cars/vans, engines etc so I rang a relative who is an ex-mechanic and mot tester to have a look for me in case it was something simple, he asked me to start it up and try reversing off the drive again,the same thing happened again , he said immediately he suspects either the gearbox or a driveshaft problem, and that either one of them would be an expensive job, and said to look into my rights due to the potential costs involved, which I duly did and discovered my right to return consumer right, I checked my paperwork, and there was a clause in there that it was my responsibility to return the vehicle if I wanted to exercise this right.

    I called the garage but as it was out of hours there was no answer , so I called again the next day ( Friday 27th April ) and was told to bring it in so they could take a look, I advised them that I was not happy and had only done about 700 miles in it and wanted to execute my right to return. They said don’t worry we will look at it for you, just bring it back as soon as possible. Seeing as we live some 20 miles away and had been advised not to drive the car had to get the AA to take it for us on sunday , however there was a delay in the AA getting to me on the day as they were very busy, I rang the dealers when the AA arrived to say I was setting off and would be there in about 40 mins, but they advised that they were closing in 30 mins and they wouldnt accommodate my request to wait for me, (the website backs up their opening hours and they do indeed shut early on a Sunday ) they claimed the premises which are in a gated compound are locked up and theres no access out of hours. The AA witnessed this conversation and agreed to come back for no extra cost the next day and take it then,

    We then did return it back to the dealer the day after, told them verbally again I wasnt happy and wanted to exercise my right to reject, he said lets just have a look first as it might be something simple, he was quiet pushy about it and being a woman on my own I felt a bit intimated as I know nothing about cars or engines etc, he got in the vehicle and said it sounded like a driveshaft issue to him , but it could be a simple fix so needed to take a proper look before deciding the next step, anyway today some 4 days later, over the phone they tell me its a drive shaft issue and that its snapped/ripped out and I must have done it by going down a pothole or a kerb,

    They said as a goodwill gesture they do the labour for free but I have to pay for the part, I made it clear I was not happy, but they were not really interested and said I cant reject it as it has to come back in the same condition, when obviously its not the same condition if I’m rejecting on a major issue like the driveshaft going.
    I said I was going to take advice and in the meantime priced up the part as I need a vehicle back on the road desperately. , which turns out is a Mercedes main dealer part only and its £500 +vat,
    My mechanic relative said they are talking nonsense re putting the blame on me and just trying it on as I’m a female , they also tried claiming I only had 28 days to reject it, ( which would for them have conveniently made it just outside the allowed period) I told them they were wrong it was 30 days and that they were trying to deceive/mislead me,
    I obviously don’t trust them now, and obviously they just don’t want to play fair.

    What are my rights here, as the fault was reported to them within the 30 day period, but only verbally, I have the telephone logs of times/dates etc,

    The van is just over 4 years old, on a 13 plate.

    The garage is claiming the drive shaft is snapped/ripped out, they were the words he used to me. However both AA men drove the van, one of the AA men drove it across a car park to check it out,( i can obtain the CCTV footage) He also he thought it was a drive shaft or gearbox problem.
    The van was driven again more than 50 metres to a parking bay by the second AA man once we dropped off at the garage, so their claim that the drive shaft was ripped out/snapped is obviously untrue.

    • Hi Mike. Firstly, and most importantly, is this van for personal or business use?

      The Consumer Rights Act 2015 only covers you if you are a private individual buying a car for personal use. If the vehicle is purchased in a business name, and/or if the vehicle is used for business purposes (even if it’s part business/part personal), you are not covered by the Act. And not many vans are purchased for purely personal use.

      If you are covered, then you need to reject the car formally, which essentially means in writing and stating that you are rejecting the vehicle under the Consumer Rights Act 2015. If you simply verbally tell a dealer that you want to return the car, they will not treat it as a formal rejection under the Act. Within the first 30 days, you do not have to accept a repair and are entitled a full refund, but the dealer is not obliged to agree with you that you are entitled to reject the vehicle, which means probably taking legal action against them.

  314. I bought a Mazda in December 2017 – it was 15 months old and was sold with the remainder of the manufacturer’s warranty included. I discovered last week that when the previous owner serviced the car, genuine Mazda parts had not been used and this may have invalidated the manufacturer’s warranty. The garage where I bought the car (large dealership) cannot confirm one way or the other whether the car has a warranty in place, and are refusing to commit themselves. Can I reject this vehicle because it was sold to me not “as described”?

    The garage has admitted that the technician did not carry out the proper checks on the car before it was sold to me – he had assumed that genuine parts had been used. Nevertheless, they are unwilling to confirm the warranty status. I am scared that I may need to make a claim in the future and could have potentially paid £16,000 for a car that is not covered. Please advise.

    • Hi Christine. Until Mazda rejects a warranty claim or otherwise declares your warranty void, I don’t think you can prove that the car has been mis-sold.

      If you want to try and reject the car, you would need to get a Mazda dealer to confirm in writing that your warranty is void and then take that to the selling dealer as evidence. Of course, if you end up not being able to reject the vehicle (there’s certainly no guarantee you’d succeed), you have flagged the car’s non-genuine parts to Mazda…

  315. HI Stuart
    I bought a Mitsubishi Eclipse brand new in January. Since day one it has had intermittent issues with the connectivity and entertainment system.
    They took it in to check it and found no faults, but the problem was still there. I took it back by appointment for them to check again, but the engineer had not seen this model before and said he would contact head office and come back to me. That was on 13th April and I have not heard from them yet. I am fed up with the issues, that cause the volume and entertainment system to freeze and cause the phone to disconnect from the car system during phone calls.
    Can I now reject the care as not fit constantly, I have had it for 3 months and constanltly complained to the dealer.

    • Hi Sandra. It’s probably not sufficient grounds to reject the entire car as faulty under the Consumer Right Act, as the car is still capable of doing its primary job of taking you from A to B. It should certainly be addressed under your new car warranty, but you may have to keep hassling the dealer and Mitsubishi head office in Cirencester to get it sorted.

      If you want to push for a refund, this is likely to be something that you negotiate with the dealer and/or Mitsubishi UK. I don’t think you will have much luck with the Consumer Rights Act, unless you have a very good lawyer who can successfully convince a court that your intermittent stereo problem renders the whole car as faulty.

    • HI Stuart, following on from this, last week the car did an emergency stop of its own accord (FCM system) but there was nothing in front of the car to cause this! it has had the brake warning flash up constantly since I’ve had it. They have been informed of this since February 18. Back to the automatic braking system, I was travelling at about 30mph, when it juddered to a halt, causing me to jerk forward and basically terrifying me. fortunately I have only suffered mild back and neck pain, but had I been travelling faster on a motorway, it most definitely would have ended differently! Mitsubishi came and took the car and are now telling me that no fault has been found! I do not want to take the car back as I am worried sick about driving it again. I have told them I want to reject it and they have said the grounds are not enough. but they cannot promise me that this will not happen again and my nerves are shattered. Should they now accept it back!

    • Intermittent faults are difficult to prove – the service department could drive the car all day and have nothing untowards happen, and then the fault re-occurs as soon as you drive off.

      You’ll just have to keep pushing them for a better resolution. Unfortunately, car companies get complaints and rejections for mysterious faults that never really exist all the time, so they will naturally be suspicious if they can’t find any fault with the vehicle.

  316. Hi Stuart,
    My daughter purchased a car from a car supermarket, the car had issues on way home, Brakes and Anti-skid light that reduced the power. The car then next morning sounded like it was sucking air and rattling noise from engine. (it was a VANOS issue – this is a 3-year-old BMW 3 series) Im told this is something that does not brake overnight. I requested car was taken to local BMW they have not fixed the Anti-skid light issue so its still till this days looses power. It also had wrong oil placed in car apparently, now some pcv valve is clogged causing car to use a lot of oil (some say its because of wrong oil that dealer placed in it) we have discovered since its been in a crash, brakes wear on one side (same side as crash) and not on other side due to overheating. It looks like whole car has been bodged up the repair is substandard. So two initial complaints brakes and the slowing of car reduced power on outside lane of motorway (no fun i assure you) still not fixed. Car purchased August 16th Garage fixed Vanos issue (paid for it told us was £1000 pound they spent on the car but seen invoice was £520) so they lie, they also lied about the car not being in accident or having paint work. Yes its gone past 30 days or six months but im told that as it was sold not fit for purpose and still has issues and new issues that are related to previous issues we can still get a refund, not a full one but a partial one taking wear and tear/usage and age into consideration (although money was lost as daughter bought car and being 18 could not hire a car and it was gone for three weeks – nice when just bought it) so how do we proceed have sent them a letter and they are not interested, we also sent to finance company (as half is financed other half was paid cash) how to we move forward ? is finance company responsible for whole car initial amount? as surely the part paid in cash went to the garage? Thanks for any help you can give us. The who excitement of buying this car was ruined for her.

  317. Hi, my husband purchased an approved used car from a dealership on 28 April 2018, which he saw over the internet. We live in London and the car was at at dealership over 250 miles away. He drove all the way there and part exchanged his old car and took out finance with the dealership to pay the balance. Upon getting the car home we noticed that there was a number of issues. This being
    1. broken window glass under the armrest and feet area
    2. Large plastic cover from rear light missing.
    3. Electrics not working on rear armrest to adjust seats
    4. Back door making an odd sound when being shut, indicating a previous accident.
    5. Filler residue on back door and left over masking tape on inside of hinge, indicating respray.

    My husband feels the car has been in an accident and a local mechanic also said it does look as though this could be the case. My husband would like to return the car at the same dealership but at our local branch and get a different car from them. He feels that the car shouldnt have all these faults for an approved car and one which cost him over
    £35,000. The dealership are telling us that it will take them a week to book the car in for an inspection. The problem is my husband is a chauffeur driver and relies on a car to earn money. To work with this car he needs to get an MOT done and pay for a pco inspection, which is all on hold as he wants to return the car. What are his consumer rights, can he get a refund and should he have to wait as long as this for an inspection when the dealership are at fault and can he claim for out of work losses.

    • Hi Amy. As a business user, your husband is not covered by the Consumer Rights Act 2015, which only applies to individuals buying a vehicle for purely personal use.

      A dealer is not obliged to tell a customer of minor damage to a vehicle prior to purchase, although obviously they are not allowed to lie to you if you ask them a direct question about a prior accident. It only has to be declared if it is an insurance write-off (Category S or Category N).

      If there are issues that you think the dealer should resolve, like the electrics not working, then you would need to take that up with the selling dealer (and probably not with another branch, as they may not be that closely connected).

      Unless the dealer has lied about the vehicle’s history (and you can prove that), the dealer is not “at fault” here and you don’t have any real rights. They will have almost certainly known about the previous damage, even if it was repaired by the previous owner, due to the glass/filler/masking tape you mentioned, but they are generally not obliged to declare it as part of the sale.

  318. Hi, I collected my new car from a dealer that is 130 miles from where I live. This car was paid for by a finance company and a 3 month warranty was provided on collection of the car. I have had the car in my possession for three days. The Diesel Particulate Filter light came on the following day of collection. The next day the coil spring snapped which means I am no longer able to drive the car. I checked the warranty and of course this is not covered for a car that is over 6 years old. Mine is 10 years old. So, because of this I don’t think I have a leg to stand on and my husband being an ex mechanic is in the process of changing the coil.
    In the meantime, I have called the finance company to see if I have any options. I have been told that the dealer has to help me because I’ve only had the vehicle for 3 days.
    What I’m wondering is, does that still stand if my husband has tried to fix it. At the moment, he has taken the coil spring off the car. He hasn’t fitted new ones yet as it’s proving to be a difficult job. Can I still ask for help if my husband has taken the spring off?
    In hindsight, I probably should have called the finance company before my husband started working on the car but I thought as it wasn’t covered by the warranty, we’d be left with fixing it ourselves.
    Any advice would be much appreciated.
    Many thanks

    • Hi Abi. Under the Consumer Rights Act, you are entitled to reject a faulty car within 30 days without accepting a repair, if the car was faulty at time of purchase. The Act doesn’t cover “asking for help” to cover repairs, it’s only about rejecting the car for a full refund.

      A snapped coil spring is difficult when it comes to rejecting the vehicle, as the dealer can argue that it could have easily happened as a result of you hitting a pothole or kerb after buying the car. It’s up to you to show that the spring was damaged at time of purchase, and that is not easy unless the spring shows clear signs of old damage rather than a sudden failure that could have been caused by you.

      Your position is going to be more difficult because you’ve already started taking the car apart yourself rather than taking it back to the selling dealer or to an independent third-party garage for inspection and repair. I’d say that your chances of getting the dealer to accept a rejection of the vehicle because of a snapped coil spring is very low, meaning you’d have to pursue legal options. They’re probably also not that interested in paying for any repairs by anyone else, and they’re almost certainly in a stronger legal position than you.

      The diesel particulate filter issue is separate, and you won’t know if it’s a problem or not until you can actually drive the car again.

  319. 9th of April 2018 I purchased 2012 car. Part exchange with my 14 years old one. On my way home over 100 miles I felt OIL smell inside of the car and automatic gearbox did not felt right.
    In advert car had 12 months MOT I checked but it had only 1 month MOT left. After getting home I called the trader and informed him about smell, gearbox and MOT issue. He advised me to go for MOT on his expense to examine the car. Couple of days later I had MOT appointment and they found out OIL and coolant leaks.
    I informed the trader about it and he asked me to get local mechanic to investigate the leaks and gearbox and fix it on his expense.
    I asked my local mechanic to investigate and coolant leek was from the hose and radiator installed new clamp on the hose topped up the cooling liquid and ordered oil and filters toi change the oil in the gearbox as first attempt to check if it will fix the gearbox issues.
    2 days later when the parts arrived I managed to drive around 20 miles and top up coolant container was empty. This time
    because there was proper pink coolant liquid in the system not the water as before you could see huge leaks on the radiator.
    Mechanic tested the cooling system system against exhaust gasses and the test liquid turned yellowish from blue that indicated that head gasket might be broken.
    After further tests mechanic advised me that
    1. There is problem with cooling system that probably is pressurised by small brake in engine head or faulty head gasket.
    2. There is problem with alternator when it is on big load it makes rattle noises
    3. There is a leak on the radiator that can be caused by to big pressure on the cooling system
    4. There is a problem with the gearbox and there are gearbox errors showing on computer.
    He advised me not to change the oil in the gearbox as it can only occur more costs and will not fix any additional issues. When i decided that i will drive the car back the mechanic advised me not to drive it at all as the gasket can blow any time soon and i will end up stranded on the motorway.
    I called the trader and he agreed to take the car back and give me my old car back but he claims that i am the one responsible to deliver the car to his place.
    I read the Customer Rights Act and i think that he should pay for the car delivery?
    Also I paid by debit card and how can i be sure now that he will pay my money back in to my account?
    I also had to pay the mechanic for examining the car that was agreed with the trader and i wonder if he should reimburse me for that to?

    • Now the dealer is claiming that he is entitle to check the car if it is faulty therefore I need to deliver it back to him on my expense. In the same time he said that I can not drive the car to him because if it will blew the gasket than he will not accept the car back as it will be my fault if I drive it.

    • The dealer is certainly entitled to inspect the car for himself, rather than accepting your allegation that it’s faulty. That’s only fair.

      However, it’s still his responsibility to collect the vehicle. If it turns out that the car’s fine and you’ve been lying this whole time, he can invoice you for the cost of collecting it.

    • Hi Janek. If the dealer has not provided you with any written details of their return policy, it’s their responsibility to collect the car.

      The dealer is obliged to provide you with a full refund, but the Act does not specify the means of that refund (eg – they could give you a cheque).

      The Act doesn’t cover you for any expenses you incurred, and only covers the price of the car. Anything you want to claim over and above this is a mater of negotiation between you and the dealer.

  320. Hi Stuart,
    I bought a 2007 Skoda Octavia Scout with 70,000 miles and a new MOT from a dealer in Scotland. It developed a rattle within a short time. I had it inspected by my local Devon garage, who diagnosed numerous faults including MOT failures (including a broken spring) all of which the mechanic stated would have in his opinion, been present before I bought it. I am still (just within my 30 days since purchase) and I want to reject the car owing to the numerous faults. What chance do you think I might have given the age/mileage?

    • Hi Ian. It will depend on the nature of the faults. If you drove the vehicle back from Scotland to Devon and have been driving it for a month, the seller will argue that the spring could easily have broken during your ownership.

      “Numerous faults” isn’t an acceptable reason to reject a car, unless the overall effect is that the entire car should be considered faulty. If they are all easily fixable, you wouldn’t have much of an argument – although you would be able to argue with the dealer over who should be paying for the repairs.

      if you are wanting to argue that the MOT was fraudulent owing to faults that should have failed the MOT, that’s a serious accusation and the DVSA has an online process for making those sort of claims.

  321. Hi Stuart,

    Very similar to the rest of the cases but maybe a tad more intricate. Car bought end of Jan and picked up 3 days later. driven a bit but with weather etc spent a good week parked up. We noticed about 6 weeks after purchase that it was stuttering in lower gears. Took it to branch of purchase and advised nothing could be done there and would need booked into main dealership and no availability for 4 weeks. If comfortable driving no issue doing so as no dash warnings etc however if engine management appears do not drive it. Leaving the garage the car cut out and died and needed free wheeled back to carpark. We left with a courtsey car. Nothing could be done to move the dealership date so a month passed and we recieved a call to say diagnostics couldnt find any issues however on a test drive the same thing happened… the car stuttered and died and nothing would respond. The car was then referred to a master technician at the dealership so would be a delay on anymore feedback. The next day (a friday) we got a call to say the master tech had run diagnostics and found “several issues” however needed a data upload which would take 4 hours and would know more on Monday. Monday/tuesday/wednesday passed with no updates. Our purchase/warranty is with branch and they are not able to provide any updates as these are coming from dealership. Now being advised that unable to find anything and next step is a full inspection of all electronics, wiring and connections which could take “several weeks”. We still have courtesy car which is one of the smallest available cars on the market whilst our SUV is being investigated so as you can imagine baby seat/pram in a tiny 3 door car when we had upgraded to SUV for space/access is less than ideal and 6 weeks down the line no further forwards. We are a week away from the car being in the garage longer than we have had it since date of purchase Any guidance on where we stand or are we in limbo to allow them to fault find.

    • Hi Stephen. The Consumer Rights Act makes no statement for provision of a courtesy vehicle while yours is being repaired, so that’s simply a matter of whatever you and the dealership agree to.

      For the purposes of the Act, your ownership clock stops while they have the car or while you are waiting for them to look at the car. So if you have owned the car for three weeks but they have had it for two weeks, the Act says you have only owned it a week. If they say we can’t look at it for four weeks, you are also entitled to deduct those four weeks from your ownership clock (although that can be disputed if you are still using the car during those four weeks).

      Given that the car seems to be undriveable and it’s clearly not an easy fix, you should have valid grounds to reject it under the Consumer Rights Act.

  322. Hi Stuart,
    I love your website by the way, just stumbled across it today and it’s been really helpful :-) My question is pretty much as per most of the others. I bought a used car last week from a fairly big dealer (Peugeot 208, 2015, 27K on the clock, almost £7,000). 6 days later a whole bunch of different warning lights occurred and there was an issue with the fan that resulted in the fan going all night running the battery flat. The car dealer had to come and recover the car from my house the following day. They fixed the car and said the fault was minor, they haven’t addressed potential faults that were alerted by the other warning lights I was getting at the time, only addressing the fan issue. I want to reject the car and get a refund and they are refusing. My questions are:
    1) According to the Consumer Rights Act, within the first 6 months it is the dealers responsibility to prove the fault was inherent – I haven’t seen any mention of that in your guide so wondered if this is correct and how can this be proved?
    2) The law doesn’t mention how minor or major the fault is, only that it is present (also doesn’t mention inherent vs. intermittent faults) – is the way this law is applied practically to vehicles why you mention this, or is there some part of it I haven’t read properly?
    3) The dealer is also trying to say that within 6 months if I get ongoing issues with the car, I can only reject if it’s a recurring issue – so if I get a series of intermittent and unrelated issues that make the car a total dud, does this mean I’m stuck with it?
    Thanks very much in advance!

    • Hi Liora. Within the first 30 days, it’s your responsibility to prove that the fault was present at time of sale. After 30 days but within six months, it’s up to the dealer to prove that it wasn’t there. After six months, it’s back to you to prove a fault was there at point of sale and by that time it gets very difficult. I don’t know if this was the intention when the law was drafted, as it seems rather confusing, but that’s what it says.

      However, within the first 30 days, you don’t have to accept a repair. After 30 days but before six months, the dealer is entitled to one attempt to repair the vehicle AFTER you formally notify them that you wish to reject it (any work done prior to that, even if it’s the same problem, doesn’t count).

      To reject the car, the fault has to be significant enough to render the entire car faulty – a car with a fault (or several minor problems) is not necessarily a faulty car. There is no written guidance for this, nor for intermittent faults, and it would ultimately come down to a judge’s ruling if it makes it as far as a court hearing.

  323. Thoughts please. bought a Vauxhall Insignia from Network Q, 3500 miles on clock 2016 bought 48 hours ago at time of writing, not driven it since I got the car home though, clutch peddle will not return to position I have to lift it up with my foot, when pulling away slowly there is a notchy feeling also coming back from the clutch peddle, totally disgusting that this should be happening on a car with such low mileage, im moving to reject this vehicle, dealer has ignored me all day as I have told them no phone calls – writing only, is law fully on my side to reject this car?

    • Hi Lee. If it’s a simple enough fix, then it wouldn’t be considered suitable reason to reject the car under the Consumer Rights Act. It may simply need some adjustment and be perfectly good to go.

      If it’s a 2016 car, you will still be covered under the new car warranty, so there should be no issue with replacing any faulty parts with genuine Vauxhall replacements. But the fault has to be significant enough to render the entire car faulty, and I’m not sure this will be the case in your situation.

  324. Thanks Stuart. I did demand they fixed the cosmetic issues which they did pretty well and apologised for it not being done before we collected. It’s got a warning light on now and I do fear we’ve bought a car that’s not great. Going to take it to our local dealer and have them check it over. My understanding is that if there is a mechanical fault within 30 days I can return it but hopefully it will be ok now!

    • It has to be more than just “a mechanical fault”, which could be minor. Basically, it has to be enough to render the whole car faulty, meaning the car can’t realistically do its primary job of getting you from A to B.

  325. Hi Stuart,
    Me and my girlfriend looked at a car (2008 Mini with 98,000 miles) a few weeks ago and all seemed fine so we put a deposit down. Collected the car last Saturday after paying remainder and sorting all documentation then drove it home (1.5 hrs from where we live). However, on the motorway heading home, we found the car would occasionally be sluggish and not respond to the accelerator pedal. Occasionally not achieving 70 with foot all the way down, never getting past 75 (downhill) and not revving past 2000-3000. Majority of the journey it would hand around 62-68mph. Once home we phoned the dealer and said we’re bringing the car back that same afternoon. Upon arrival he revved the car multiple times and said it may be an issue with the clutch at which point we asked for a full refund due to the car being faulty. he said this was not doable as it is an 8yr old car with nearly 100,000 miles. He offered us to fix the car plus add a 3-month warranty and get it back to us or put the car back on the market and refund us whatever amount he sells it for. We declined both options on the day in order to seek further advice.
    Does it sound like we’re entitled to a full refund given the potential issue and timescales. i.e potential problem with clutch, car not reliably achieving 70mph and returning it the same day. We’re wary to accept the car even after repair, any advice would be appreciated.

    • Hi Pete. It doesn’t matter if the car is eight years old and done 100,000 miles, you are still covered by the Consumer Rights Act 2015. If the car is faulty, you are entitled to a full refund.

  326. Hello Stuart,
    I bought a car 3 weeks ago, the day after my purchase the light of the enginee start flashing, enginee lost power and a big noise started as well.
    They offered me to fix the problem, but we needed to bring the car to the garage, however the car was not in confition to be driven. They offered to collect it in the next few days, in the meanwhile I lost days at work waiting for them, after 3 days we decided to reject the car. They emailed us back saying that they have the right to try the fix it before proceeding with our request. I also have a warranty for 3 years that i bought on the car and with them.

    Should i let them fix it or proceed with the request of refund? We think that the engine’issue, that in my opinion can be quite serious, thats why we started thinking about a refund.

    • Hi Mariateresa. If you are within the first 30 days of ownership, you do not have to agree to the dealer repairing the car. You are entitled to reject the car without accepting a repair, but you need to formally inform the dealer (ie – in writing).

      That doesn’t mean that the dealer will agree that the car is faulty, so they may not accept your rejection.

  327. I’m currently sat in a dealer office. I’ve travelled over 4 hours to collect a car. It has had hand controls fitted for my husband. The car is chipped, marked and not what was described which was ‘perfect’. They had me pay for it Ted before they brought it round. Am I entitled to a full refund and walk away from here now?

    • Hi Suzie. I assume this is a used car?

      Chips and marks are cosmetic issues, so not covered as faults by the Consumer Rights Act.

      You would have to argue that it is mis-selling, and that would require you to have a written description from the dealer that the car was “perfect”. Even that is no guarantee of success, as the dealer could argue what can reasonably be considered an acceptable standard for a used car.

      You can certainly argue that the car’s condition is not what was described, and demand that the dealer fix it to a suitable standard. However, trying to reject it and walk away might be more difficult.

  328. Hi Stuart

    I have a PCP agreement with MINI cooper for an 8 year old MINI which i have had for 3 years and its in its last year. I have already paid 1,000 pounds to have the fuel pump replaced and now the engine needs fixing which is looking to cost 4,000-5,000 pounds through a garage. The car at the end of the PCP is only worth 3,800 pounds, is there a way with a PCP agreement with MINI that i don’t have to pay to have the car fixed?

    Many thanks

    Mitchell

  329. Stuart,

    I have recently bought a new Mercedes. The reason for buying the new car was that there were constant issues with my previous Mercedes and rather than fix the issue, they decided it would be easier for them to give me a discount on a higher spec model and get me out of the old car.

    After 2 days I noticed that one of the controls for the electric driver seat does not work.

    After all of the agony with my last car I am now totally dissatisfied with the brand and would like to reject this car.

    would a faulty electric seat button warrant such a rejection?

    I have currently had the car for 5 days.

    Any advice would be greatly appreciated.

    • I would guess it’s very unlikely that a faulty electric seat control would be considered justifiable grounds to reject the entire car as faulty. Even if you are unable to comfortably sit in the driver’s seat, it is probably a simple fix and therefore would not be acceptable grounds to reject the car.

      Given that it’s a new car, you obviously have the right to expect that everything should work correctly. But the dealership is also likely to defend its ground quite vigorously, as it would be very expensive for them to buy the car back from you at full price.

  330. Stuart I can’t afford legal action as I’m disabled and on benefits. However this does mean I don’t have to pay my court costs which has already been approved. I’ve now receive the N181 so unless he accepts my settlement offer then I will proceed to court myself. I’m just looking for reassurance that if I’ve done everything correctly which I’ve researched thoroughly then the law is on my side. My main question is would a court accept an MOT as evidence that the engine did not have any faults as the emissions passed the test? Thanks

    • I can’t tell you what a court will or won’t accept as evidence; that will be up to a judge. However, an MOT inspection does not cover the internal workings of an engine such as camshaft and cylinder faults. It is simply designed to assess whether the car is roadworthy and legal.

  331. I bought a used Mercedes Sprinter from a dealer over the telephone, as I asked lots of questions about it and based on the answers, the searches listed in Auto Trader and the photos etc. I specifically asked about the bodywork, knowing the issues that vans can have. I was told that it was very tidy with just a couple of ‘dings’. I told the salesman that I was converting the van into a campervan and therefore I would not get the opportunity to drive it for some time and will not be taxing or insuring it.

    Since then, having stripped the van out in order to convert it, I did find panel damage that I could see had been repaired, but decided this was OK. We have had a lot of rain since I got the van and now I can see surface rust starting to come through the silver metallic paintwork. It is all around the edges of the panels where windows can be fitted, as well as other places on the van. It looks to me that this is going to get worse and needs remedying straight away. Please could you advise?

    • Hi David. Your options will probably depend on how long you have had the car. The Consumer Rights Act works in your favour for six months, so that may be an option for you. If you’ve had it longer than that, it’s up to you to prove that the vehicle was faulty when you bought it. That is usually very difficult, as the dealer could easily argue that the rust has developed as a result of you parking the car outside in an abandoned state (not driven, not insured and presumably declared SORN). Even if you know you’re right, you’d still need to prove it to a court.

  332. Hi Stuart
    I rejected the car at 5 months (car purchased April ‘17 – rejected September ‘17). The garage is using the MOT as evidence to price the car was not faulty. At 6 weeks following an RAC report identifying several faults ie cylinder 4 misfire and camshaft faults. The garage agreed to repair for the cost of parts at £180. Returning and advising me the car was fully repaired with no faults. In September RAC replaced faulty leads and plugs detailed in their report and a cylinder 4 misfire and couldn’t repair the car. I contacted the garage and rejected the car. They wanted to inspect the car and faults which I believed I should allow them to. They advised me engine had failed and would need replacing. Which they said they would do as a favour for £750 which I refused and again rejected the car. So I rejected the car at 5 months after allowing one repair with the same fault the cylinder 4 misfire still showing up 3 months later. Will an MOT price the car was not faulty? He’s clutching at straws accusing me of things like neglect, driving the car after I rejected it which I didn’t etc trying to scare and intimidate me. He refused mediation. I’ve incured numerous costs so offered a settlement to avoid court. If he allowed someone to inspect the car at the original MOT CENTRE after I rejected the car is he accepting the rejection? His independent specialist witness is the guy at the test centre. Is he independent if he was paid to carry out the MOT? If a car has a fault within 6 months of purchase is the assumption that it was faulty unless he can prove it wasn’t? And I don’t think anyone can prove a car wasn’t faulty unless it had a service at time of sale? Thanks

    • When you reject a vehicle under the Consumer Rights Act between 30 days and six months, the dealer is entitled to one chance to fix the problem AFTER your formal notice of rejection (anything before you rejected the car does not count). If they can’t fix it, you are entitled to proceed with your rejection.

      It sounds like that has happened in this case, but that the dealer is refusing to accept your final right to reject the vehicle. You will essentially have to take action against him to get your money back, and that will probably mean getting legal assistance to help you.

  333. Hope you can help! I bought a SEAT Ibiza a year ago. Got a large 2-inch scratch across the windscreen as I drive it away questioning the MOT, and after 6 weeks the timing chain failed causing a cylinder 4 misfire recorded by the RAC. The garage I bought the car from agreed to repair the faults and timing chain for £180 the cost for the parts. The car continued to have ongoing intermittent EPC faults but no engine mgt light came on. Until the beginning of September. RAC recorded a cylinder 4 misfire again but couldn’t diagnose the serious issue. After rejecting the car I agreed to let the garage tow the car to their site and inspect the car. At this time they also without my permission allowed someone to inspect the cars emissions who did the original MOT. I have progressed to small claims who have now fast tracked my claim. He is relying on the MOT (and emissions) as prove the car wasn’t faulty at time of sale however the MOT doesn’t check engine parts. Will the MOT hold up in court? Thanks

    • Garage after only 30 minutes of having the car advised me engine had failed. They offered to replace engine for £750 instead of the normal cost of £1500-1700. I rejected this on the advice of the consumer rights helpline who advised not to hand over any more money. He’s now denying this but I have phone records and my text rejecting this offer and again rejecting the car.

    • If it’s within the first six months, it’s up to the dealer to prove that the car was not faulty at point of sale. After six months (which you definitely are), it’s up to you to prove that it was faulty at point of sale.

      With any used car, it’s difficult to prove that internal engine damage was done before you bought the car, unless it’s something that’s very obvious (and that’s very rare). You would need to be able to show that the timing chain failure was caused by damage to the engine that existed before you bought the car, not anything that happened in the six weeks after you bought it. That’s difficult to prove.

  334. Had the car 5 weeks from 2nd hand dealer. The turbo has blown. I’ve taken the car back to the garage I purchased it from via on a transporter. They have taken out the turbo and sent for a second opinion from an “independent garage”. It’s now 7 weeks since I bought the car and still I haven’t an answer. Before they took the car from me, they advised me that if turbo broke due to the seals, it’s wear and tear and my loss.
    Am I within my rights to reject the car and get my money back if:
    A If they repair it
    B If they don’t and want to give me back a broken car.

    • Hi Elaine. Within the first six months, you are entitled to reject the car if it’s faulty and it’s then up to the dealer to prove that it wasn’t faulty at time of purchase. After six months, it’s up to you to prove that the car was faulty when you bought it.

  335. Hi Stuart,
    I have bought a new vehicle, cash purchase, which has had a fault in the first 30 days, I’ve chosen to reject the vehicle which has been accepted by the retailer.
    Where it get interesting is the car was bought on the recent round of scrappage incentives where the purchase price was reduced by £4000. When confirming how much I would be refunded the retailer has stated that the refund amount will be the cash price I paid and I will not get anything for the car that was scrapped.
    Please can you advise if a historic president has been set regarding refunds for or return of scrappage cars.
    Thanks

    • Hi Robert. I’m not aware of any precedent, but I suspect that your case would depend on how the contract was written up. You’d need to get a specialist in contract law to have a look at it to tell you what your refund entitlement should be. If the value of your part-exchange was listed as £0, you probably won’t get anything back for it.

  336. Hi Stuart,
    I wrote you before about Dodge Journey I bought in June 2017. After 5 months car broke down with gearbox failure. Car was sold as RAC checked vehicle and i also bought 2 years RAC parts and labor cover. I brought the car back to the garage, RAC warranty replaced gear box and i got the car back after 2.5 months. However the same day it broke again as i was advised this time it was valve body and mechatronics. I haven’t had the car now for 5 months although the garage provided me with courtesy car it’s still major inconvenience for me (I need a 7 seater car)
    The garage claims that the car developed fault over 5 months I was driving it. However i only drove 3000 miles and car had 49k on the clock when I purchased it.
    When the car broke I have also emailed the garage and told that the car always had delay in engaging into gear however since it was RAC checked and approved, i thought it’s normal due to her size size. I now googled the symptom and realised it is one of the signals of failing valve body.
    Would my email count as proove that the car had failure developing at the time if purchase?
    I got the car on HP and the bank is not being helpful, they ordered independent engineer to do a “desktop assessment” and he ruled out mechatronics could have failed at this mileage depending on the way the car was driven. He wasn’t told that i reported the car had delay in engagement.
    Can I reject the car at this point as it is obviously not usable. Also i’m not happy with the warranty cover as 5 months for repair is way too long. What are my rights given that the seller had a chance to fix the vehicle but it turned out it wasn’t fixed properly (although they claim the gear box was fixed, it was other failures).
    Also do i stand a chance proving the fault was developing at the point of sale?
    Many thanks

    • If the garage has had your car for five months, then you are still within your six-month window to reject the car under the Consumer Rights Act (any time when the dealer has the car for repairs does not count towards your six months) and it’s up to the dealer to prove that the fault was not present when you bought the car. After six months, it’s up to you to prove that the fault existed when you bought it, which is much harder.

  337. Hi Stuart. I bought a 90500 mile, 51 Reg MINI Cooper 3 weeks ago for £1500 and have driven approx 300 miles in that time. When I bought it I was aware of a slight whine from the engine as I accelerated but I didn’t highlight it, as I put it down to the car’s age and mileage. However, the whine increased to the point where I took it to a garage to assess.
    After giving it the once-over, the mechanic reported that, in his opinion, the gearbox bearings have failed and the gearbox will need replacing. He also said both drive-shaft gaiters are split. I was given a one month (or 1000 miles) warranty by the dealer, but that states that the dealer will only pay 50% of the parts and labour for any gearbox or driveshaft repairs.

    Are they allowed to enforce that, based on the mechanic’s opinion that those faults must have existed when I purchased the car? Also, could I reject the car based on the fact that the gearbox fault could be dangerous and the split gaiters would fail an MOT test?

    • Hi Richard. Your rights under warranty are separate to your rights under the Consumer Rights Act. The purpose of the Act is to protect you in the event that the entire car is considered faulty and therefore should be returned to the seller for a full or partial refund (depending on how long you have had it). Warranty is an insurance policy to cover you for some or all of the repair costs that may occur over a given period of time.

      The warranty will have T&Cs based on what the provider is prepared to cover, and like any insurance policy, there will be different levels of cover and specific exclusions. It probably won’t matter whether the faults are pre-existing or new, unless your warranty policy has specific clauses about that.

      If the gearbox gaiters are a simple fix (which they probably are), then they won’t be sufficient grounds to reject the car. So it’s probably going to come down to how serious the gearbox problem is and whether it is sufficiently problematic to render the entire car faulty.

      Given that you have admitted that you were aware of a potential gearbox issue but proceeded to buy the car anyway without raising the issue or having it investigated prior to purchase, the dealer could argue that you have accepted the gearbox fault when buying the car and so can’t use it as an excuse to reject the car. If the dealer is prepared to fight your attempt to reject the car, it may be a difficult argument to win – especially since it’s a 90K-mile vehicle that’s 16-17 years old.

  338. Hi Stuart,
    I brought a car 3 weeks ago 2nd half from a main dealership. Since getting the car home I realised a few problems the radio speakers not working, the previous owner has cut out two spaces for the speakers which are too big and the speaker keeps dropping through to the boot. Then 2 weeks into havin the car the handbreak gave way while I was sitting in the car with my young son. After calling the well known dealer I was advised the car had a recall for this and I needed to take it back to be fixed. The MOT was done a few days before I picked up the car so surely they should of realised the car was faulty?
    After complainING to the company about the car and them selling me a car that was faulty I have rejected the car and asked for a full refund. They have currently had my car for 9 days do I have grounds to have a full refund ?
    Thanks

    • Hi Kimberley. If the handbrake is a simple fix (which it probably is), you won’t have a case for rejecting the car under the Consumer Rights Act. Once fixed, it should work perfectly.

      Although a handbrake is obviously important, an easily-fixable failure probably wouldn’t render the whole car faulty. If it’s a more significant problem that basically prevents you from driving the car, you may have sufficient grounds to try and reject the vehicle.

      The speaker issue is not a vehicle fault, so is no cause to reject the car. You can certainly talk to the dealer about getting them properly fixed, but it’s not an excuse to give the car back.

  339. That was my next thought, to contact a solicitor as i have 30-40 emails where they are messing me about which i didn’t want to go in to detail on here as there is too much. Surely as i have reported the problems within the 6 months and a diagnosis from a garage to list the problems, that should cover me as it’s been reported and it’s their problem they are going the way about it that they are after the 6 months?

    • The date is considered to be the point where you formally rejected the vehicle (ie – in writing) under the Consumer Rights Act. In other words, you can’t reject the car after a year based on a problem that occurred in the first six months. Reporting a problem is not the same as rejecting the vehicle – the dealer could argue that you simply wanted it fixed with no intention of rejecting it.

      Used cars are inherently complicated devices that have been used and abused by someone else prior to your purchase, so the Act tries to balance fairness for both the buyer and seller. You can still reject the car after six months, but the onus will be on you to show that it was faulty at the time of purchase and that is much more difficult to do when you have owned the car and been driving it for a longer period and covered thousands of miles.

      As I said, you may have a better chance if you can show that the dealer was attempting to stall you or avoid their legal obligations, but that’s something a lawyer will be able to advise you based on the evidence and correspondence you can provide to back up your claims.

  340. Hi Stuart, i bought a car in July last year from an independent garage back in July and reported a couple of faults in December just inside the 6 month warranty. The problems i am having is it took the dealership ages to come back to me on email and didn’t answer the phone and i have numerous emails as evidence of me trying to seek help. Eventually they agreed that they would come to collect the car after sending 2 letters from trading standards and advising that i am going to go down the small claims court route. The problem i have with the car is the brake lines were tied up with cable ties and the gearbox is in need of a replacement. Now i’ve had a courtesy car for 7 weeks this Friday from them but it’s nowhere near a like for like replacement and 3 weeks ago today they told me that the car would be done by the Friday. I have since chased again 3 times and had no response from them whatsoever so the ongoing service i’ve had is abysmal and taking in to account that i am paying finance on a car i can’t use and have made 4 monthly payments where i’ve not had the car! This is all in a nutshell of the problem i have so where do i stand?

    • You are outside the statutory six month period where the law works in your favour for rejecting a car, however any time that the vehicle is in the dealer’s possession doesn’t count – nor does any time between when you booked it and when it went to the dealer, to stop them saying they can’t look at it for several weeks to try and push you outside your six-month window.

      You may be able to argue that the dealer has been deliberately frustrating your attempts to resolve the situation while you are still within the first six months, however you’ll probably need some professional legal assistance to help you with this if you want any chance of succeeding.

  341. Hi Stuart

    Maybe you could help in my situation. I do a lot of motorway miles and just traded in my old Audi Q5 and I purchased a Volkswagen Golf R Line from a main dealer 29 days ago. I was not happy with the car and took it back two weeks ago as the ride is very loud and uncomfortable. The dealership we ok and they upgraded me to a Golf GTD at an extra cost of £6k. I thought I would be happy with the upgraded option as the higher spec model I thought would offer better ride, sound insulation etc.

    The new GTD is just the same and according to another dealer is exactly the same car just with more horsepower and a few added extras.

    I spoke to the dealership to say I was not happy with this option and they would get back to me with a resolution and the manager passed me onto the used car manager as he said I had already activated the 30days return and you can only do this once. So it looks like I’m stuck with the car that is not fit for my purpose as I explained that I should have been sold a Passat or similar that is made for motorway driving. I did sign a document that is the 30 day/1000 mile exchange agreement and that states:
    ‘Only One exchange will be considered and this agreement shall not apply to any replacement vehicle’

    I would appreciate your time to reply

    • I don’t see what grounds you have to complain, unless the car performs differently to how it did on the test drive. Some cars are louder and less comfortable than others, but that’s not necessarily a fault with the vehicle.

      The dealership is correct that you can’t keep changing your car every 30 days, as people would inevitably take advantage of that and change their cars forever.

      Unless you have some evidence that you have been mis-sold the car, I don’t think there’s much you can do. It’s not enough to say that you “should have been sold a Passat or similar”; their response would be that you should have asked about a Passat instead of asking about a Golf.

  342. Hi Stuart.

    Bought a used 2011 BMW 5 Series from a trader last June for £11,500. Within a week or so I noticed some funny noises coming from the engine whilst driving. Took the car to a local BMW specialist who advised it had numerous problems including noisy turbos, a loose timing chain and the diff was also whining so in need of repair/replacement. They advised I could be into several thousand pounds to repair and recommended I didn’t drive the any further.

    Parked the car up and contacted the car trader advising him I wanted to reject the car. After a few calls and text messages he offered to refund me £10,000 for the car. I refused and advised I wanted and was entitled to the full amount back. Chased him again several more times but failed to get a response.

    Spoke to a solicitor using the legal cover on my car insurance policy who advised they had run a financial search on the trader’s business (Ltd company) and discovered he hardly had any assets recorded, so they would not pursue a claim for me.

    I don’t see the point in having the CRA 2015 if a car trader can just ignore you and get away with it. Apparently I’ve heard they can also just dissolve their business and start a new one to avoid having to accept a car back. How can it be this easy?! Trading standards aren’t interested and CRA just seems like a mickey mouse law to me.

    Any help/advice you can offer would be most appreciated. I’m not holding my breath however.

    Cheers,

    Neil

    • Hi Neil. Ultimately you can still pursue the trader, but the legal form decided that the chances of them getting paid their usual fee were low. You can always find another lawyer to help you.

      Given that you were only quibbling over £1,500, it would seem an unnecessary effort to dissolve his business to avoid paying you the difference.

  343. Hi Stuart.
    I have contacted VW Finance to VT the finance agreement on my VW Golf to which they have agreed. My VW finance agreement is due to expire in May 2018 so is only 2 months before expiry date. However, I have exceeded the 4 year contracted mileage by 4,500 miles which is a result of an existing dispute with VW regarding my wife’s brand new VW Tiguan which has a defective gearbox and has been off the road since August 2017. We have followed the correct procedures with regards to rejecting the Tiguan but VW are stating the gearbox problem is a “characteristic” a conclusion which has been discounted by the appointment of an independent DEKRA engineer. We also contacted the Motor Ombudsman who response and customer service has been nothing short of appalling. 7 months on and we are no nearer concluding this debacle with VW, hence the appointment of legal represenation.

    We are a 2 car family but as we had to resort to one car only whilst our dispute with VW ensued my VW Golf bore the brunt of use which would in normal circumstances been shared with the other family car (Tiguan).
    I’m clearly not happy about paying the excess mileage charge of approximately £300.00 which would not of occurred if we had use of our new Tiguan. CAn I refuse to pay the excess mileage charge based on the facts as presented?

    Any advice would be greatly appreciated.

    • Hi Dave. You don’t need an excuse to refuse to pay any excess mileage charges as the finance company can’t enforce them anyway. By entering into any discussions about why you exceeded the mileage allowance, you are basically agreeing that they have a right to charge you for excess mileage in the first place.

      For more information, have a read of our guide to voluntary termination.

  344. Can you help?

    I purchased a second hand vehicle on Saturday 24th March 2018 from a dealer.
    On getting the vehicle home we have it a through inspection to find various issues including the front bumper not lining up from left to right & some obvious scratches etc which would suggest it had been in an accident. We immediately put our concerns in an email with photographic evidence. We got an pleasent email back addressing the concerns & assuring us the car had not been in an accident.
    I took the vehicle to a body repair shop to have a look only to be informed immediately with no printing that the vehicle had clearly been involved in a front end collision, probably with a lorry.
    I took many photos of the damage & a copy of the estimate to repair the damage with a carefully worded email & sent it to the garage where I purchased the vehicle requesting a refund on the grounds that this accident had not been disclosed at the time of purchase.
    I did have to chase up confirmation they had got the email, & later that day I got an email offering to do some work to correct the issue, denying that the vehicle had been in an accident according to an HPI check they had done (to a garage the damage was obvious) & refusing a refund.
    Do I have grounds for a refund as they must have been aware of this damage & that only a collision would have caused it & by not telling me they were in fact omitting to disclose this.
    The company who gave the car a once over are more than happy to support my claim that the car had indeed been in an accident.
    Having now read some reviews of said business this attitude seems to be a regular thing & have been taken to trading standards before.

    Thank you for any advice.

    • Hi Adam. A dealer is not obliged to disclose accident damage on a used car unless it is a Category S or N (formerly Category C or D) vehicle that has been written off by an insurance category and repaired. An HPI check will also not show up accident damage and repair unless it is a Category A, B, S or N vehicle.

      However, if you specifically ask if the vehicle has been in an accident prior to purchase and receive a written response to say that it hasn’t been, you may have an argument for a refund as that would be mis-selling.

  345. Hi,

    I bought a new Golf R from a VW dealer 3 months ago and on the day of collection I noticed numerous light scratches and swirls in the paint all over the car. I pointed these out to the sales manager at the time, he at first made excuses stating that all new cars have some scratches and as it was a black car it will be more obvious, but realising I was not happy, he kept the car and asked that I give him a few hours to address the issues.

    He polished the car, when I collected it on my initial assessment it appeared ok and as I was in a rush, travelling to a wedding I naively trusted that the paint issues would be resolved.

    After 6 weeks of owning the car I cleaned the car and the sun was out, I then noticed that the scratches and swirls were still there and in the sunlight looked terrible. So I took the car to a local detailer for an independent opinion, they wrote a report summarizing the condition of the paintwork, stating the car had swirls and scratches all over, it appeared to have already been badly machine polished in places and was compared to the condition of a 2-year-old car not a brand new car!

    I contacted the dealer, who arranged for their paint shop look at it and they also described the condition as poor but said that in terms of warrantee there was nothing wrong with the paint quality.

    I also at this time started to notice numerous stone chip marks over the front end of the car. Many more than you would expect for a car which has not travelled any distance.

    The dealer agreed to have the car back in and employed a detailer to machine polish the paint over 2 days.

    I returned to collect the car and immediately noticed the scratches and swirls were still there! I pointed this out and the staff present sympathized I then complained the manager via email and he asked I bring the car back.

    Yesterday I collected the car after a 2nd machine polish and again the paintwork still has some deeper scratches which the detailer has said he cannot correct. The paint does appear better though however the front end has excessive stone chip marks approx 50! and has only covered 1500 careful miles on good roads.

    Overall I am really disappointed with paintwork having spent 30k on a new car, I am worried about how the car will look in several years if the paint has deteriorated this much in 3 months and suspect the paint has a fault given that it already had scratches and swirls when I received the car, the scratches have since got worse and there are excessive stone chips.

    Advice would be much appreciated.

    Thank you

    Nick

    • Hi Nick. It’s entirely likely that the damage was done during pre-delivery, and that the car was washed/valeted with dirty cloths and sponges. A few bits of grit in your cloth and instant damage. If any remedial work was not done in a properly clean and dust-free environment, there’s every chance they would just be making the problem worse.

      In terms of what you can really do about it? Probably nothing meaningful. You took delivery three months ago, so it’s possible to attempt a rejection under the Consumer Rights Act, but it would be difficult to argue that cosmetic imperfections mean that the car is faulty.

      The stone chips are going to be even more difficult to contest, given that we’re still coming out of a cold winter with heavily-gritted roads. Trying to argue that the chips were not caused during your own driving will be all but impossible.

      The quality of the factory paintwork may well have been poor to begin with, but that’s not a fault under the terms of the Consumer Rights Act – it just means that you have been screwed by Volkswagen. Join the millions of others!

  346. hi Stuart, update regarding the mg.i wasn’t happy with the first garages findings so I took it for a pre mot inspection. he confirmed to me that the head gasket has gone, he pointed out that there was emulsified oil in the sump which wouldn’t be there if it was just condensation. He also noted various other problems: multiple engine misfires recorded via the obd, fluid leak on the turbo, corroded brake pipe and nearside front lamp inoperative. forwarded the info to the finance company who passed it to the dealer who claimed that as it isn’t leaking coolant now (it never was it was burning it) he’s not liable as he replaced a hose which “stopped the leaking”.
    I had an independent inspector come to look at the car nearly three weeks ago and the finance company got the report back on Monday. they’ve forwarded it to him and he said he’ll pass it to his legal team (lawgistics) . The fjnance company said they’d get back to me by Wednesday (today.) Thing is it’s affecting me for work now as I work out of town and it’s been going on for two months. can I just take the keys and car back to the finance company and cancel the dd as it’s not my car legally anyway?

    • further update, had a phone call from the finance company this afternoon, they’ve said that lawgistics have told him to still refuse the rejection. I asked the finance company on what grounds and they never gave me an answer. they said they’re gonna try fighting and they’ll let me know the outcome on Friday. meanwhile I’m stuck with a £4000 garden ornament which im not allowed to drive and a debt to boot. really at my wits end now. where do I go from here???

    • Hi Chris. Lawgistics is a legal firm that specialises in providing legal assistance to motor traders. Realistically, you will need to get a lawyer to help you pursue your case for rejecting the vehicle, as the dealer’s lawyers handle vehicle rejection claims all day, every day, so they will be difficult to beat on your own.

  347. Here we go again.. after getting a partial refund for my sons first car, the replacement is now also causing me problems. Cylinder head gasket failure before I even got it on my driveway on a car sold with an MOT that it should not have passed. All this from an AA Approved dealer – who’s idea of fixing the CHG is to put a temporary sealant in the water and who will not give a refund. Looks like small claims court this time. Does anyone in this country actually sell 2nd hand cars honestly and with integrity? Gutted.

  348. Hi, I bought a used 56 plate Toyota Yaris on the 3rd March from a small dealer. It all seemed on for the test drive. Almost a week later on Friday 9th the engine light came on so I rang the dealer and asked him what I should do after only having the car for a week. He said to take it to him and he’d get it looked at on Friday 16th. I decided to get the AA to look at it on Tuesday 12th and they came out and diagnosed the problem as being a faulty catalytic converter. He said I should take it back to be fixed. Whilst he was there he reset the fault codes and the light went off as a temporary fix because it wasn’t a danger to drive it.
    I rang the dealer and he said he might as well give me a refund because then he’d get it fixed and sell it for more. I agreed. On Thursday 15th I rang him and said I’d be dropping the car off at lunch time. He said ok And that he’d take it to his garage to be checked. I said I wanted a refund as originally agreed because there was a fault. He said no because he didn’t trust the AA. He became very angry and when I to,d him the AA had turned off the engine light he said there was nothing wrong with it. I said I would ring my garage to check what to do.
    My garage advised ringing tradin*standards and they advised me to of my right to reject the car due to the fault. I rang him back and he started shouting saying he didn’t trust the AA and he didn’t care what trading standards said. He also said I could take it back to him to be checked and he’d refund if it was the catalytic converter or I could just take it back and have £1200 ( I paid £1450 for it). I disagreed with this obviously. He putthe phone down on me eventually saying I was wasting his phone battery!! I was very upset by this stage. My partner then rang him and he proceeded to have an argument with him too. He was insisting that he took it to a garage to get it checked. My partner said if he did that then he wanted written proof of what was found. He wasn’t very keen on this but agreed.
    After that I again spoke to (citizens advice) trading standards and they said it didn’t matter that the engine light was no longer on because the fault was still there and I should stand my ground.
    I am going to take the car back tomorrow with a letter asking for a refund due to the fault and my right to reject. I spoke to the AA and they said if I drive it around the pending signal should come on in the cars computer, and the only way to get it to come on would be to keep driving it until it’s hot. We tried that a bit yesterday but no light. As the light is no longer on, what do you think about my right to reject?

    • If you have written evidence that the car has a faulty catalytic converter, you are probably within your rights to reject the car. This has to be a formal rejection – in writing, not verbally. However, if the dealer disputes your rejection (and it sounds like he will), then it’s up to you to take action against him.

  349. hi
    just been told by Dacia that I should not refuel or park my 2016 1.5 dCi Duster on a slope as that causes the fuel gauge to go haywire. They said this is not a fault with the car but a quirk that it shares with other cars. Do you know of any other cars that share this fault/quirk?. Dacia customer services is a bit Arthur Daley.

    • Haven’t heard it before. Check to see if other Duster owners have reported the same issue on an owners’ forum. If it’s a quirk if that model then other owners will have certainly asked the same question.

  350. hiya,
    we went into a garage and wanted to buy a car that would have great mpg for the journeys we mainly did. this journey was a 3-mile journey from home to the gym. so the salesman said that the best car for that journey was the 1.8 hybrid as we could use electric ev mode on the journeys, saying a massive 74 mpg from the system, and also with it being mainly 30mph roads to the gym as long as we drove it with ev and ev mode and feathered the accelerator we would get a great mpg cause most of the journey would be in electric.
    so because of this we bought the car, well first week the electrics didn’t get used once and we were going to the gym like 5 times a week so 10 journeys in the first week but nothing from the electrics. everytime we pressed the button it would state unavailable , so we reads up on the hybrid in the manual and speaks to the dealer we bought it from, they told us to do certain things which we did and nothing worked, so they took the car into the garage and said the cars hybrid was fine. so we did some more digging, and we found out that the car wont ever work on the electric or hybrid mode as the journeys to the gym and back are not long enough to warm up the engine and batterys so it will always use the engine mode on these journeys, and that its about 7-10 miles it would need to warm up on the engine mode before the hybrid kicks in and works, completely useless to the needs of what we told the garage about and we feel totally let down, when you go into a garage and tell them exactly what you want from a car and exactly what you will use the car for and they put you in a car that is totally not fit for the purpose you bought the car for and they salesman totally lied saying it would do such journeys and we would get great mpg from it when we dont . we find this a total mis selling of the car.
    we went to the garage who have been ignoring us for days and wrote them two letters with no response so far, then we gets a phone call from the garage stating they wont take the car back.
    Where do we stand? surely this is a clear mis selling of a car because they sold us a car that is clearly not fit for the purpose they knew what we wanted it for?
    its not like its 50 pounds here its like 27,000 and surely the garage has a duty to make sure they supply something that would do the job and not something that won’t ever work.
    its still within the 30 days of purchase and we spoke to them about it pretty much after the first 7 days. The whole process was a joke to be fair and we are just distraught.

    any advise please as we know this car is not fit to do the journeys too and from the gym in electric or ev mode and that’s the whole reason we bought it was because they said it would
    john

    • Hi John. That doesn’t sound right. The car should run in electric (EV) mode happily when cold as the electric motor and batteries don’t need to warm up. Battery efficiency will decrease when it’s very cold (like we’ve had this last weekend), but short, stop-start journeys are exactly what hybrid and electric models are designed for. It is possible that there is simply not enough charge in the batteries to allow the electric motor to activate if you haven’t ever driven it more than a few miles each journey since you’ve had the car.

      Based on what you’ve said, if it’s not simply a lack of charge in the batteries then it sounds like a fault with the electric motor or batteries. Have you done what they suggest and drive the car for at least ten miles to see if the hybrid system kicks in?

  351. Hi Stuart,

    I am looking at purchasing a second had car, checked it over and it looked great and sounded the part too. I paid a £500 non refundable deposit to hold the car until I went to collect the vehicle the following Saturday (this coming Saturday).

    I have spoken with Audi to get more information regarding the claimed full Audi service history as per the vehicle ad but I was advised by them the vehicle is incorrectly advertised and that there is a partial service history not a full service history. Yes the car has been serviced by Audi only but there was a gap of 9 months and 14k miles over the manufacturers recommended service advice of 2 years or every 19k miles.

    Am I entitled to a refund of the deposit if they decide not to drop the price of the car? Also I have been told today that the car is ready to collect and when I come to pay the remaining balance there is a £300 admin fee on top to pay which was not on the advert nor in the small print of the company’s website so where do I stand with that?

    Your help is much appreciated.

    Kind Regards

    Tony

  352. Hi, recently taken delivery of a 57’ plate landrover defender. (I am still within the 30days rejection period) having had rain.. I have discovered that it leaks.. and not just in one place, the passenger door leaks, the drivers door leaks, I have water ingress underneath the dashboard which drips down over the accelerator pedal, the back passenger side window leaks in two places.
    It possibly appears to me that the headlining has been replaced prior to sale to potentially ‘hide’the evidence that the fro t doors leak.
    I have been in touch with the dealers, who cannot fit it in until April 6th..
    where do I stand in rejecting this vehicle? In my opinion it is not fit for purpose. Any advice welcome !
    Ha. Ah

  353. Hey there,

    I hope this is the right place to ask a question. I recently bought a used car and one day later the car began to shake and the engine light came on, with the car struggling for power. After calling out the breakdown service they advised me not to drive the car. I took it to a garage who gave me an error code they found and said they would not be able to touch the car, and it would need to be sent to a specialist garage to be diagnosed and repaired.

    I have been in touch with both the dealer and the credit card company (paid part by credit card) and they have told me that I must prove the fault existed at the time of purchase (which I imagine since I had it for a day and barely drove it) but as mentioned I’ve already spent money taking it to one garage, and the specialist garage is even more expensive to diagnose the problem. I wanted to know how much responsibility I have to get the car checked before asking for a refund. I’m slightly confused about the burden of proof, as after 30 days it is presumed that the fault must have existed before and the seller must prove otherwise?

    Really appreciate any advise and help, as I’ve had the car for 6 days now and only been able to drive it for one! Very upset!

    Thanks!

    • Hi Vijay. You don’t have to get third-party advice before rejecting the car, but if the dealer disputes your rejection and refuses to accept it, then you will have to take action to enforce your rights. That means you will need to show that the problem is likely to have existed before you took possession of the vehicle.

      You’re right, the burden of proof thing is confusing and doesn’t appear to have been completely thought through.

  354. Thanks for getting back to me Stuart.

    It was the first thing I mentioned to the dealer. They said they did not have another similar car for me to drive in and see if the problem disappeared/re-occurred.They were unwilling to bring one in from another Hyundai dealer, they said something along the lines of ‘If Hyundai technical get back to them (HQ?) they (Hyundai technical) would arrange for us to drive another Premium SE auto 4×4 and see if the problem re-occurred.

    I tried to exercise the ‘Hyundai H Promise’ they mention on their website and would be happy to swap this car for another identical car/mileage/age/spec as I was within their 30 day window, they were unwilling and declined.

    I have just fired off emails to (two) other Hyundai main dealers outlining the car ‘asking’ for a service and will see how they respond. Somehow, I don’t feel they would ask me to ‘reset’ the indicator and would correctly advise me to get a service done (as their own manual implies due to conditions being met). I cannot understand the supplying dealers reluctance to service the car, especially as the notice came up one day after purchase!

    Regarding the electronic handbrake issue, they took the car in and could find no fault. I will have to try get it on video for them to believe me. The car will be going in for the fourth time in 3 weeks I believe, more cab costs and more child care costs whilst I go back and forth from the garage. I do not believe in Hyundai anymore and this has been an expensive (£25,000) mistake so far. You live and learn! Will update if anything changes.
    regards

  355. Hi Stuart,
    I purchased a (nearly new) 10-month-old automatic Hyundai SUV from a Hyundai dealer, three weeks ago. (2017 Tucson Premium SE 2.0 diesel auto 4×4). Since, I have discovered that:

    – the car accelerates slowly between 50 – 70 mph whilst overtaking on the motorway. I have video’d the issue and taken a Hyundai tech on a test drive, their response was ‘it is a charateristic of the car’ ‘its your driving style’ ‘you are not a confident driver’.
    Its almost as if the gearbox is ‘sticky’ and doesn’t downshift when acceleration is required. Never experienced such an issue in 14+ years of driving various cars.

    – Electronic hand brake doesn’t release on occasion…

    – car manual says 2 year/20000 mile service interval, however, the car came up with a service required message one day after purchase. The manual did say if the car is used on short journeys, town driving, start stop traffic driving etc it may request a service early as seems to have happened here. I brought this to the attention of the Hyundai dealer, their response was stunning! The said it was a car programming error from the factory and they would reset the service light without servicing the car!

    I gave them an opportunity to fix/address these issues and they said they found no problems.

    Where do I turn from here? Any advice? I have kept all correspondence in writing and have made sure to keep a record of all of their answers to my queries.
    Please help!

    • Hi AJ. You would need to drive another similar model to decide whether it feels the same as yours, and therefore whether you are confident that your car is genuinely faulty.

      The handbrake issue is probably easily fixed, and unlikely to be considered suitable grounds for rejecting the car as faulty.

      The issue of servicing requirements is something that you can easily check with Hyundai UK or another dealership. They may be correct or they may be lying, but you need to get a second opinion (in writing) before you can really challenge them on it.

  356. Hi, I bought a Jaguar XFR in june 2017 and now has a major fault. I had the vehicle towed to my local specialist who advises me it has stretched cam timing chain and will be an engine out repair at a cost of 2.5k. I have only done 1.5k miles in it since I bought it. Would I be within my rights to ask for help in the cost of repair?

    • Hi Luciano. You won’t be within your rights under the terms of the Consumer Rights Act, but you can certainly ask.

      I assume that it was a used car, otherwise this would be dealt with through your new car warranty.

  357. Hi Stuart, your website has been extremely informative, however I had a few more questions regarding my personal case.

    I bought a £60,000 17-plate Range Rover Sport in November 2017. On 13th February 2018, a sign came up on my car saying “incorrect diesel fluid detected.” On 15th February I took the car into my local Land Rover dealership, who initially said it will take 45 minutes to fix. I waited while they were fixing it and after an hour I was told this issue is going to take longer to fix and was advised I shouldn’t drive the car home and leave it with them.

    For the past 22 days, my car has been sitting in the garage and I have been calling both the repairing dealership and the dealership I bought the car from every day to get an update as to when the car will be fixed. They told me they’ve never seen a fault like this before. They have changed many different parts but have still not found the cause of the fault. I’ve spoken to head office and they told me “we only support the dealer when it comes to rejecting a vehicle.”

    On 5th March I emailed the dealership I bought the car from to formally reject the vehicle under the Consumer Rights Act. Today when I spoke to them they told me they won’t be able to accept the rejection since they need a second attempt to fix the vehicle.

    Is this the case? Do I need to take legal action? If I have made the decision I definitely want to reject the vehicle what are my rights as a customer? How long do I have to give them to try to fix the car?

    Any advice would be extremely appreciated.
    Thanks

    • Hi Akshay. You are outside the first 30 days of your ownership but still within the first six months. Therefore, once you formally advise the dealership that you wish to reject the car, they are entitled to one chance to fix the fault. Any work they have done beforehand, even if it is to try and fix the same fault, does not count towards this one chance.

  358. Thanks for getting back so fast. The owner of the dealership is totally crazy and has already said see you in court. I assume because 9 times out of 10 people can’t afford to take it that far or can’t be bothered. Legally he doesn’t have a leg to stand on but it would still take me probably 6 months to get the money out of him at court. Seems like the law doesn’t really support your average person against illegitimate businesses like this. I don’t know many people that could afford to get a second car to be able to get to work whilst still paying to store one that doesn’t work for 6 months. Paying for legal fees on top of that is definitely a stretch too far. Doesn’t seem fair.

  359. Hi Stuart,

    I bought an ’03 Range Rover with 110,000 miles on it last week on Wednesday. Within an hour of driving it away from the dealer the transmission overheated and went into limp mode which means 4th gear only. This happens every time the car runs for more than 15 mins (the test drive was about 10 mins…).

    I called the dealer immediately and told them what had happened. They told me it was fine to keep driving it (I was driving to my own wedding) and that we’d sort it out this week. I also logged the issue with the AA warranty that was supplied with the car.

    I’ve requested a full refund and the dealer is saying he isn’t obliged to provide one and so will not. Is legal action my only recourse?

    Any advice would be great!

    • Assuming that you’re a consumer buying a car in your own name for your own private use, then you are covered by the Consumer Rights Act and can claim a full refund on a faulty car within 30 days. If the car goes into limp mode within 15 minutes of driving it, I’d say it’s probably a valid claim to reject the car.

      You need to formally reject the car in writing, and make sure you quote the Consumer Rights Act to make it very clear that you know your legal rights. It’s also best if you send it via recorded delivery so you have proof that the dealership has received it. A verbal rejection is useless as the dealer can dispute it later on.

      If the dealer refuses to play along and is not signed up to The Motos Ombudsman scheme (and most dodgy traders are not), then you will have to bring – or at least threaten – legal action.

  360. Hi, we bought a used 2003 pick up from a trader on ebay, he described himself as dealing in buying, selling and importing 4×4’s and pick ups. We bought it relying on the description in the ad and from his verbal description on the phone and text’s. The MOT had run out the day before we saw the ad. We were not able to view the car for a few days but the fella told us that if the pick up did not sell that day he was going to get it MOT’d but that the price would go up by £400. We agreed to buy it and get it delivered the next day. It was delivered the next day and we paid cash. The day after this we took it for an MOT (the station is literally a few meters up the road from our house. It passed the MOT. That same day after taxing and insuring it we took it out for a drive. As soon as we had picked up enough speed to change into 5th gear we realised that it would not go in to 5th gear try as we might it would not go in. It was making a terrible grinding, crunching noise when trying to get it in to 5th but also in other gears as well. We took it straight home. We had a mechanic come to look at it and he said that the gear box had gone and would need replacing. I immediately emailed the seller but he said that it was sold as seen and he was denying being a trader (I have lots of evidence that he is a trader) he said that he was a roofing contractor not a vehicle trader.
    I know that this vehicle should be fit for purpose and as described but as he did not mention the gear box in the add can I still say that it is not fit for purpose?
    Here are some of the claims he made about the vehicle:

    Excellent condition inside and out (which it was)
    Low mileage 73,000 (it was actually 78,000)
    Great body work (advisory on MOT for some welding)
    A 2 grand mint pick up that will be good for another 15 years (not)
    You won’t find a cleaner more reliable ranger (not)
    And wait for it ” we export hilux and rangers and this one is far too nice to let and Asian or African have it” (lost for words on this one)
    He advertises to buy pick ups and 4×4 saying he is an English buyer offering a professional friendly service.

    He told me that there is no way I’m having my money back as if the gear box has the fault I say it has that it would not have passed it’s MOT. I pointed out that the MOT station is only a few meters away and that you don’t get beyond 2nd gear to get there. I also pointed out that the gear box is not tested on MOT and they would not have tried to put it in to 5th gear so it would not have been picked up.

    I would be very interested to hear peoples opinions as to whether or not I have a valid case to pursue this through the courts.
    Thanks

    • Hi Gemma. If he sells more than four vehicles a year, he’s a trader. If he is advertising as a trader, he’s a trader.

      I’d say you have a very good case to pursue him through legal action, but I’d always recommend speaking to a lawyer rather than trying to do it on your own. Make sure you keep and continue to gather as much physical evidence as possible, particularly other advertisements that show proof he is a trader.

  361. Hi I’ve had my car 8 month with no faults..the last mot had no advisory at all..im have problems with ball joint issues..for this to happen surely it would have been spotted on last mot if it is now se ere.also my radio and cd player keeps cutting out and not working have I got grounds to reject this car.what would you suggest my next course of action should be..my car is on finance from a local dealer.thanks ..

    • Hi Robert. You’ve had the car for eight months now, so rejecting it under the Consumer Rights Act is not likely to be easy – especially when it’s a used car.

      The radio/CD player issue is also not likely to get you anywhere, as it doesn’t exactly render the whole car faulty.

      These things can and do develop over time. An MOT inspection is a basic roadworthiness test, not a detailed inspection of every aspect of the vehicle.

  362. Hi I am new to this forum and new to car Trade business. Hope I can get some help here. I have sold Ford Focus 1.8 TDCI 2005 Diesel with 143K mileage on it and 11 months MOT. Sold for £700 on 25/02/2018. Buyer has inspected and test drove it. He was happy to buy this car. There was no knocks and bang, no engine oil leak, no electrical faults. I have given him a receipt stating that the vehicle is sold as SEEN, Tried and Approved without Guarantee. Buyer has contacted me on week later (03/03/2018) saying that rear suspension (shock) snapped off. And the buyer wanted full refund. When I sold everything was working fine. This shock could be snapped off due to buyer driving habit. As a Trader do I have to give him full refund? Please help. Thanks in advance.

    • Hi Jami. As a trader, you are bound by the Consumer Rights Act (assuming that your customer was a private consumer buying a car for their personal use; the Act does not apply to business-use vehicles).

      The Act trumps any “sold as soon”, “no guarantee” or other clauses you may put on your receipt – you can’t waive a customer’s legal rights.

      As to whether the customer’s complaint justifies rejecting the car, there’s no clear definition of what constitutes a faulty car. I would suggest you chat to a legal firm that specialises in assisting motor traders, like Lawgistics.

  363. Hi Stuart. I have just bought a used BMW X3 five days ago. On the drive home (40 miles) we experienced very little heat from the heater and the engine temperature gauge never moved from the cold point. The car also has a violent shake above 40mph under acceleration (this would not have been noticeable on test drive as would not have been able to go above 30 due to speed limits in area) it used an excessive amount of fuel on this journey.

    The car is in good condition generally and advertised as “excellent” it has a good history of servicing and a new MOT put on just before collection. We stopped at a local garage on the way home and when plugged in it had various fault codes and DPF warning unable to regenerate due to temperature. We informed the garage by phone the following day and he point blank refused anything was wrong with the car. He wants us to have a report done to show faults and he will only agree to replace the thermostat in the car with an eBay part but wants me to pay for fitting. I am unsure this is even the issue.

    I have lost any faith in him and the car and wish to reject it as it is almost undrivable over 40 mph. It’s a real shame as it is in good condition but I don’t trust him to do anything to the car and he will not do anything about the judder as it’s “not his problem”.

    What are my next steps? Can I simply reject it since it is before the 30 days and if so do I have to take it to small claims? Thanks in advance and what a great website. Jay

    • Hi Jay. Yes, it sounds like you should be entitled to reject the car if it is effectively undrivable at more than 40mph.

      When formally rejecting the car, it is important to do so in writing and to make sure you reference the fact that you are exercising your right to reject the car under the Consumer Rights Act 2015. You should also include the report done by the local garage as evidence.

      If he refuses to accept your rejection (which is his right, since you could be making all this up), then you would be obliged to seek a resolution with The Motor Ombudsman if his business is registered with it (although it almost certainly won’t be) or contact a lawyer to bring legal action against him and enforce your rights.

    • Hi Nick. Basically, no. You have no consumer rights with a private sale, so all you can do is try to bring some civil action against the seller. However, your prospects of success are likely to be very low.

  364. HI Stuart,
    I wonder if you could give me some advice.
    I purchased a second-hand Ford Mondeo on finance on the 30th of January this year
    Just 2 weeks after driving off the malfunction. came on warning us of an engine malfunction.
    I called the dealer (Carshop) and they told me to take the car in for a repair.
    They had the car for a week.
    Once I collected the car it came back with exactly the same problem.
    There was no explanation as to what went wrong or what was done.
    I went back to the carshop today 25/2 with a letter making a complaint and demanding a replacement.
    Am I entitled to reject the car, the 30 days are running out and I am scared they won’t fix the car or give us a replacement within that timeframe?
    They seem to be stalling us as they now said they cant look at the car for another week.
    THANK YOU SO MUCH FOR ALL YOUR HELP IN ADVANCE.
    Regards
    Eunice

    • Hi Eunice. Your 30 days does not include any days that the dealer has the car for repairs. So if you have the car for seven days and then it’s back at the dealer for 60 days, you have still only owned the car for seven days for the purposes of rejecting it under the Consumer Rights Act. This is specifically so that dealers can’t delay work or responding to rejections until after the deadline has passed.

      You can also discount any days from when you have booked the car in to be looked at and when it actually goes in. So again, if you have the car for seven days and book it in for a repair, but they can’t look at it for another 12 days, those 12 days don’t count towards your 30 days either.

  365. Dear Stuart,
    I bought a nearly new SEAT (6000 miles on the clock) last year from a main SEAT dealer and have recently seen a patch of paint missing from the front bumper. No scratch, no dent but looks like the paint has just “fallen away”. I mentioned it to my local dealer (not who I bought it from) who said that it’s been previously repaired. I’ve been quoted 350 to get it resprayed. I’m annoyed that I have to pay that as was not aware that it had had any such repair at the point of sale-it’s on PCP. Can I get the dealer who sold it to me to sort it? Since I had not been made aware? I’m worried about the PCP implications…
    Neil

    • Hi Neil. A dealer is not obliged to tell you of any cosmetic repairs that have been done on a car before you bought it, however you do have the right to expect that any repairs would be done to a satisfactory standard. As the car is still under its new car warranty, you have reasonable grounds to go back to the original dealer and ask for a fix to ensure that the paintwork complies with the manufacturer’s standards.

      The problem is likely to be that you have had the car for some time now, and you will need to show that the paintwork was repaired before you bought the car. The dealer could easily turn around and claim that you must have damaged the car yourself, and that another paint shop has done a dodgy job rather than them.

  366. Hi Stuart, I have bought an 8-month-old Vauxhall Astra from a car supermarket 2 weeks ago, I mentioned on a test drive that there was a knocking on the front of the vehicle (sounds suspension related) they said they would check at PDI, and in fairness it seemed to have gone during my 60 mile drive home. However the next day it was back with a vengeance. I contacted the supermarket 3 days later and asked how to deal with the issue, and they told me to take it to my local main dealer as it was under manufacturers warranty. I have done that, and they had it 4 days replaced suspension components under warranty, but it hasn’t resolved the knocking. They now want it back in to strip an engine mount, and rebuild. My question is, if the engine mount issue doesn’t resolve the problem, do you think I would have reason to reject the car on the supplying supermarket under not acceptable quality? So far I’ve had it 2 weeks, and it’s spent 5 days in the dealers, sorting an issue that they seeming can’t pinpoint……. other than the knocking the car drives ok, but it is really annoying, and I have not got time to have it in the dealers constantly while they stab in the dark trying to resolve the problem

    • Hi Phil. You’ll probably need to get a better idea of what’s causing the knocking if you want to reject the vehicle, as on its own “a knocking sound” probably isn’t enough to declare the whole car faulty.

  367. Dear Stuart, thank you for kind replies. Could you please give me light on one more thing? How likely could I win if I take them to court? Because I was stupid enough not to make independent investigation or at least call RAC when the burning smell happened and now don’t know how to prove it. They are very clever and collected the car next day after my complaint, kept it for 17 days and what I think is repaired. They didn’t reply my e mails, don’t put anything in writing and just doing everything on the phone. All they said on the phone were unconvincing (saying smell is the burning out of new pipes common in new cars, acknowledging verbally about gear problems occasionally but ever inconsistent in what they say, then on final day said to me that gear 2 is still dodgy, then said to finance company that gear only needs adjusting and now gear is fine. I argued the VWfinance that no he said it still is and finance lady said she spoke with him 20mins ago, now it is adjusted, we cannot accept the rejection based on the fact that gear needs adjusting. I asked so why is there a smell and she said he explained that there is nothing wrong. They are going round and round with plain lies). Sorry for the long letter. My point is how should I prove my side of experience and how should I know if it has been repaired without my knowledge? Please correct me if I am wrong, I am thinking I couldn’t win in ombudsman or court if I cannot prove the above.

    My wife is terrified to use that car again because that’s mainly for school run and kids activities/clubs and I don’t know if it would be safe given that burning smell experience. Seems that we have to let the car sit on the driveway and will have to hire a car.

    • You would need to discuss your case with a lawyer so they could properly assess your chances off success in formal legal action. They will look at all of the available evidence and communications between you and the seller, and advise you accordingly.

      Any days that the dealer has your car don’t count towards your 30 days or six months. This is specifically so they can’t hold the car until your rights have expired.

      In the first 30 days, it is up to you to prove that a fault was there from new. That means getting independent reports to back up your claims.

  368. Dear Stewart, update on above brand new golf with burning smell and gear problem issue, I have just talked with finance company. They didn’t accept the rejection. They said the dealer’s investigation found no fault regarding the smell issue and only gear needed adjusting. Dealer told on the phone this morning that gear 2 is still dodgy but finance company said dealer told them that it is adjusted now. They are not putting anything in writing. They said they will send me a letter offering £500 for inconvenience but not accepting rejection. VW finance said I can part exchange the car with dealer if I want . I said why should I take the depreciation when I only had the car for 2 days. I told her that I will go up to financial Ombudsman Service. Please advise me if I should get independent investigation on car ( quite pointless now as they had it for 17 days) and where. And any advice on what I should do next step will be very much appreciated.

  369. Dear Stuart, I would be grateful if you could give me kind advice again. I wrote to finance company that I reject the car under consumer act and sent with special delivery post , a copy to dealer. 14 days now and Not heard from finance company. Dealer had the car for investigation for now 16days. This morning dealer called and told me that they are coming to collect their courtesy car because insurance ran out in that car and they will drop us the rejected car back because they couldn’t find the fault regarding the burning smell. Said gear 2 is still dodgy but couldn’t locate any fault. I don’t quite believe it because it had been with them for 16 days and we won’t know if it might have undergone repair. I said we are not taking the rejected car back but they are forceful and seems that they will be coming to take their courtesy car and leave the rejected car today. They don’t put anything in writing. Didn’t give me e mail address either. I called finance company just now asking what I should do if dealer dropped the car against our will. They said case handler for my case is not here and that they cannot advise. I asked a call back but seems hopeless. Should I be taking the car back while waiting for rejection process? I don’t dare to drive it since they can’t locate the fault and given that burning smell experience. Regarding the courtesy car, I have no option but to give it back since it’s their car. My dilemma is what to do if they left the rejected car against our will. Will it affect the rejection process?

    • Ultimately it’s still your car, so if the dealership is refusing to accept your rejection then it is within its rights to return your car and collect its courtesy car. You are still responsible for the car, which means caring for it, taxing it and insuring it until you officially return the car to the dealership as part of a rejection.

      If the finance company and/or dealer refuse to accept your rejection under the Consumer Rights Act, it’s now up to you to progress the matter. If the dealer is signed up to The Motor Ombudsman programme, you can pursue them through that. If not, and as usually ends up being the case, you will need to start legal proceedings to have your case heard.

  370. Hi Stuart,

    I’m looking for some advice.

    In June 2016, I purchased a Vauxhall Corsa from Evans Halshaw on a PCP agreement.
    In July 2016, faults began to appear.
    Since purchasing the Corsa, 19 months ago,it has been back to the dealership/service centre twice, and is currently in for the third time with the same recurring fault, in amongst various other faults – which they have also failed to rectify permanently.

    The main, most dangerous fault, is occurring 6 monthly and the service centre technicians are unsure of what exactly is causing the fault so in the previous two services they have simply cleared the fault codes and reset the CPU.

    My question is, if they cannot fix the fault to a satisfactory standard – so that the car does not have to go back on a 6 monthly basis – what are my options?

    • Hi Shannon. If your car is still under warranty, that is the best course to pursue repairs. You have had the car for getting on towards two years, so the Consumer Rights Act is not likely to work in your favour unless you have some very good legal assistance.

      You might be better off taking the car to a different garage, as the current one can’t seem to fix the problem.

  371. Chris sorry to hear your having same issues. I bought the car on finance.
    Reading horrible stories about the garages dodging customers I must admit my garage is not that bad. They did take the car in with no questions when it broke and offered me loan car even though it was a really crappy Kia initially. They later replaced it with a bit more economical Renault.

    I was not happy with the way they portrayed the situation when I emailed them after car broke down for the second time. They shook off any liability and completely ignored any of my consumer rights.
    Also it’s the legth it’s taking them to fix the fault because they are doing this through the RAC warranty I have purchased with the car. They are saying ut’s Complex and it’s being done in specialist garage. But 3.5 months….

  372. hi i bought a car from a garage 27 days ago 2 days ago my clucth and fly wheel failed. im very confused what to do i had to drop my car at another garage as i am 300 miles away from the place i bought it what can i claim for the garage i bought it from

    • Hi Shannon. You can reject the car within the first 30 days and you do not have to accept a repair. After 30 days, but within six months, the dealer is entitled to one attempt to fix the problem.

  373. Adding to my previous comment, when it comes to 6 months for rejecting the car, does the time the car been in repair with the dealer count? Because I had the car for 5 months before it broke down, brought it to the dealer where it was being fixed for 12 weeks, had it back for one day and back again with same fault for another 2 weeks. Am I still within 6 months period to reject if I choose so? Thanks

    • going through the same thing at the mo. to my knowledge you have 30 day right to reject. after that you have a 6 month “final right to reject” where the dealer has to prove the issues weren’t there when sold.

      when your car is in the garage time effectively “stops” so the 6 month time period extends to however much time your car was in the garage for. from the sounds of it the dealer is trying to pull a fast one, by keeping your car in there he’s trying to pass the 6 month mark.

      was it bought on finance?

  374. Great website, much-needed info in plain words. I bought Dodge Journey 2009 reg. from local dealer. The car came with RAC warranty and 24 months parts and labour cover. After 5 months automatic gear box broke down. I got the car towed to the garage I bought it from and was provided with a courtesy car. This was on the 7th of November 2017. After some chasing, I eventually got the car back on the 25 of January 2018. Later in the evening the very same day malfunction indicator lights came up and the reverse gear wouldn’t work. I emailed the garage about the situation and said even though I appreciate their help, this is taking a bit too long, I have my business advertising on the car, I bought big car for a reason, I offered to take replacement of another similar spec car they were selling. The garage boss was not in when I returned and i had no choice but to leave Dodge again and take another courtesy car.
    I called Citizens advise and checked Consumer Rights Act where it says that, rephrased “consumer has the right to a price reduction and the final right to reject: (a)after one repair or one replacement, the goods do not conform to the contract; (c)the consumer has required the trader to repair or replace the goods, but the trader failed to do so within a reasonable time and without significant inconvenience to the consumer.
    The garage boss replied my email and argued that I have no grounds to request a refund as the gear box job is very complicated which also fell over Christmas period (not quite so, 6 weeks to Christmas). He also suggested that according to new legislation after having used the car for 5 months I would need to prove the fault was there at the time of sale. His general stance was: I should be happy they ‘re taking care of my car and I won’t have to pay for it as I’m lucky to have purchased the warranty, also they don’t have to do any of this. At one point they suggested statutory rights only apply for first 3 months for used vehicles.
    14 weeks on, i’m still in courtesy car, I haven’t received any paperwork or confirmation of what has been done on my car. I involved the bank that provided finance and currently wait for their advise of what to answer to the garage owner.
    Question: is the fact they had one go at repair enough to argue and get my money back? Is it true I need to prove the fault was at the time of purchase? What is reasonable time to repair gear box?
    I don’t feel I want to take discount or replacement as I have no trust in this dealership any more…

    • Thanks Stuart, I bought a car as a private person with finance on my own name, I use it for private use and business, not only for business. Would consumer rights still not apply?

    • I’m not a lawyer, so you should definitely get some professional legal advice. However, my understanding is that as soon as you use the car for any kinds of business purposes, you lose your rights under the Consumer Rights Act.

  375. I purchased a brand new 67 plate Dacia Sandero in September last year on pcp finance. I collected the car 30th September 2017 and after driving away noticed that the steering was pulling to the left as if the tracking was out. I took the car straight back to th garage only to be told that they could not sort it out straight away and that I would need to take it back the following week. I was disappointed but agreed to do this. The problem was fixed and I drive the car away.

    After a couple of months I smelt strong burning oil in the car and this happened on a couple of journeys. I took the car in to be inspected on 30th Jan 2018 and was told that they needed to keep the car as there was a bad oil leak. The cam had not been screwed down during manufacture and therefore had oil spilling out everywhere ( I don’t know much about engines but this sounded quite bad and not something I expected from a brand new car). I was given a courtesy car to drive away and told I could keep as long as I needed. After 1 week I received a phone call from the garage advising me they needed their car back so I had to drive back and then be driven to Enterprise to collect a hire car ( taking me nearly 2 hours out of my way after work to do this). I am now driving the hire car and I have been without my car for nearly 3 weeks now and still no mention of when the part should arrive or the when the repair should be done.

    I have told the general manager that I want to reject the car and he said it’s not his problem and that I need to contact the manufacturer directly, which I have done. The manufacturer initially was very helpful and agreed to explore that avenue but now seems to be back tracking. Can I reject this car as I have on,y had it 4. Months, I have lost complete confidence in this car as the engine was not even screwed down and this is the second problem I have had since I purchased the car?

    Grateful for your help

    • Hi Lisa. The general manager at the dealership is incorrect/lying. Your right to reject the vehicle is with the dealership and finance company, not the car manufacturer.

      You need to inform the finance company that you wish to reject the vehicle, and they will basically authorise you to deal with the dealership. The dealer will be entitled to one chance to fix the problem after you formally advise that you intend to reject the car (any work prior doesn’t count). If they can fix it, you lose your right to reject. If they can’t fix it, you can reject the vehicle.

      This applies up until six months after you purchased the vehicle. However, the dealer will be able to recoup a percentage of the refund for usage/wear and tear. There is no guidance for how much they can charge for this, so it’s simply a matter of negotiation.

  376. well got the report back from the garage. he said it’s not head gasket failure but is definitely something else, ie piston rings etc. he did mention that the engine has been taken apart previously as the fixing bolts were of a different kind, not factory fitted as they were all different types of bolt. spoken to the finance company but I’m becoming a little dubious that I’m not going to be able to return the car.

    with regards to him lying about the mileage is there anything I can do about that to back up my case?

    • If you haven’t brought the mileage discrepancy up before now, I doubt that it will help. He would be able to argue that it was an innocent mistake when transcribing details from the car’s inspection form (and it’s not difficult to mistake a 5 for an 8 if the handwriting isn’t perfect). That’s the sort of thing you should have been raising before purchasing the car.

  377. hi Stuart, spoke the the finance company as they wanted to know the full details. Told them everything and that I was rejecting the car under the consumer rights act and he said that he’s happy to put it through as a rejection. however he said he needs proof that the head gasket has gone and that it’s my responsibility to pay for it. it’s only cost my £25 so it’s a small price to pay for peace of mind but is he right in saying that it’s up to me to fund the diagnostic? and would I be able to claim it back on the warranty?

    • Ultimately, if you are rejecting the car as faulty, it’s reasonable that you have some evidence to back up your claim. That can be as simple as a report from a garage to confirm that the head gasket has failed.

      There is no provision in the Act for recovering expenses over and above the original price of the car.

  378. This is a really helpful website. I bought my son his first car from a 2nd hand car dealer in Birmingham. The car was HPI clear and had 47500 miles on the clock. The bodywork was a little knocked about in places but the engine seemed smooth – I paid £875 for the car and £60 to have it delivered to my home address. The 1st attempt to start the car after delivery failed – the battery was flat and not the right battery for the car. I rang the garage and agreed I would buy a new one and that they would reimburse me. (They never did). After a couple of weeks use my son reported that the handbrake felt funny and asked me to take a look. It seemed fine to me working as intended. The next morning, the car refused to move – one of the rear wheels had seized solid. The dealers lack of help over the battery issue gave me no confidence that the dealer was going to help with this situation either so I called them on the 15th day of ownership and asked them to collect the car and issue a refund. They eventually collected the car on the 4th Feb (the 22nd day of ownership) after messing me about for a few more days and then, after another 7 days and many many calls chasing them, the dealer is still putting up a fight. I now felt I had no option other than to go legal. In my final call to them today they reluctantly agreed to pay me a refund on Monday less a fee for fair use. Assuming this actually happens, my question is regarding the fair use fee – is this allowed and how much could this fee be?

    • Hi Jon. If you are rejecting within the first 30 days under the Consumer Rights Act, there is no provision for fair use – as long as the car is in similar condition to when you bought it, you are entitled to a full refund.

      After 30 days (but within the first six months), the dealer is entitled to retain some of the refund to allow for usage/wear and tear. There is no explanation in the legislation for how this is to be calculated, so it’s purely a matter of negotiation between you and the dealership.

    • Update: The dealer refunded £750 of my original £875 taking £125 for ‘Fair Use’ – It will cost me more to chase this £125 than its worth and they know it. Turns out this dealer was actually a ‘stealer’. :(

  379. hi,
    recently bought an MG6 from an independent dealer.its a 2011 plate with 58000 miles on the clock. (purchased via finance) within a week of having the car I had to top the coolant up twice. also getting white smoke/ steam from the exhaust. car also had a rough idle. Rang the dealer amd told him the car had all the signs of HGF. He took it back in (a 15 mile drive from my house) and had the car for a few days. He rang me when the car was fixed and said that his mechanic had compression tested the engine and it wasn’t head gasket failure, but there was a minor leak on the coolant system that only showed when engine was pressured. He assured me that the rough idle had been sorted. fast forward a couple of weeks and I’ve just had the coolant warning light come on again. exhaust is still blowing out white steam and still has a rough idle. I rang the dealer up again but told him this time I wanted to keep the car local so he rang round a few garages in my area. when he rang me back (I’ve recorded all conversations between myself and the dealer) he openly admitted it sounded like head gasket failure, which he assured me firstly that it wasn’t. the mileage was also incorrect when I picked up the car. on the advert for the vehicle he stated the mileage was 55000 and on my order form it was stated as that too. on inspection of my mot certificate (dated the exact same as the car advert) and looking at the mileage on the dash it is recorded at 58000 miles. I’ve contacted the finance company and told them the car isn’t fit for purpose and would like to give it back as it will have been the garage twice in the space of a month. they’ve said they have to log a complaint and will get back to me in 2-3 working days? is this normal or are delay tactics being used? what are my rights going forward from this point?

    • Hi Chris. You need to be very clear when having conversations with the dealer or finance company. Saying that you “would like to give it back” is too vague. You need to say that you are rejecting the car under the Consumer Rights Act 2015. That is your legal protection and they are obliged to respect it, or at least formally respond to it.

  380. Hi Stuart, dealer called following my second email quoting the consumer right act 2015, but not acknowledging my rejection. He is saying round and round in conversation about how the investigations are being made and to bear with them. I feel that he is stalling the time to pass 14 days where I can end the contract with finance company. He doesn’t acknowledge anything in writing either. I still have one key and courtesy car. What should I do next because this is going no where. He plainly lied that the smell is new car smell (where it was smelling in the whole car park. ) he acknowledged the gear difficulty (verbally though) and said they are going to check gearbox. I now understand that they will plainly lie to me and avoid rejection. What should I do next? Should I go and drop the remaining key with a copy of rejection e mail I st t? Should I tell the finance company to cancel my agreement? (Will I be liable for the car if I cancel from my side?) should I cancel the direct debit?

    • You need to reject the car to the finance company. As long as you do that within 30 days, you will be entitled all of your deposit and any monthly payments back once the rejection has been successfully processed.

      You need to be very clear and firm with the dealer – you have rejected the car under the Consumer Rights Act, you are not interested in investigations, and you want written acceptance of your rejection. Given that the dealer appears to be avoiding this, you may need to get legal advice.

  381. Hi Stuart

    What are my rights if a dealership has rejected my rejection based on the fact that I signed the sales order form but I haven’t actually signed the form and the sales rep has forged my signature on it?

    • Hi Adam. That’s an interesting approach from the dealer, because they are admitting that their staff have forged sales contracts. If anything, they should be very keen to accept your rejection and have the illegal contract resolved.

      There’s presumably nothing to stop you approaching Trading Standards to complain that the dealer has forged your signature, to which the dealer appears to have agreed. Very strange.

  382. Hi I bought a car 9 months ago through a garage on finance but the day I went to collect the car it had a wiper motor fault they said they will fix this as a gesture of good will ( I have since found out that they tried to claim through my rac cover) then my clutch went and had to get a tow home 149 miles from my house. Now my wipers have stopped working again what are my rights to take the car back?

    • Hi Debby. You are outside the six-month window where the law works in your favour, so you will have to have pretty solid evidence that the wiper motor fault you have now is the same fault as when you picked up the car. Just because the wipers are not working doesn’t mean it’s the same fault – it could be something else somewhere, even something as simple as a fuse.

      You’ll probably also need to consult a solicitor, as the law favours the dealer after the first six months.

  383. Hi, I am so glad I found this website and I hope you could help. We bought a brand new Volkswagen on 29/01/18. We put 20% deposit in. On driving off the brand new car, I felt that gears (especially 2 and 4 ) are difficult to get into. Car smells something. But I thought this is new car smell and different feel of a new car. But gear feels not right (we have been driving manuals for over 10 years), so thought I would mention when they make follow up call on day 3.

    But on day 2, after my wife parked the car in school car park which is at the top of slope, the car smelt strongly and she was very frightened because she thought it was going to catch fire. She called me and I went there immediately. It smelt so much, I thought about calling breakdown cover, but I am worried about letting the third party (AA) touch the car rather than dealer because it is only 2 days old. So I didn’t call breakdown cover and brought it back home myself.

    We called the dealer the next day (day 3 after purchase), he said nothing to worry about, and said bring in to check if we want but service department will say the same. in confusion, i made an appointment with service department, but then cancelled it because I it is not right for a car to act this way in 2 days old. My wife has been driving manuals for over 9 years to same car park and never had problems. This car must had a problem with gearbox since day 1. My wife is too frightened by the experience. so i sent an e mail to them, explaining the problem and asked to collect the car and to supply us with another car to buy. they didn’t acknowledged in writing, instead, they made a call just advising us that they are coming to collect the car. they arrived same day and took the car but refused to take the second key and documents and said it is only to investigate. they left us a courtesy car for 7 days.

    On day 4, I sent another e mail, stating that we will not accept this car after repair and we are rejecting it because it is not fit for purpose. We proposed to buy a new car with same description, rather than refund. No written acknowledgement and e mail to manager bounced back. But I sent it to sales person and copied to financial service customer service. Finance company replied the e mail and gave a reference number. Then duty manager made a courtesy call but no information on what they are doing and the timeline. Just asking if we are okay with courtesy car (which we appreciate) but we are worried if we end up with the repaired car. We couldn’t accept a repaired car as we bought brand new and my wife do not dare to get on that car anymore.

    We haven’t heard anything since then. Our preferred solution is to let us buy a new car with same deal. What rights do we have and what steps should we take please? Thank you very much in advance.

    • If you are successful in rejecting the car under the Consumer Rights Act, you will be entitled to a full refund rather than another vehicle. That will mean getting your deposit back (plus the value of any part-exchange vehicle) and your finance agreement being cancelled with the refund of any monies already paid to the finance company.

      If you are going down this path, you need to be very clear with both the dealer and the finance company that you are rejecting the vehicle under the Consumer Rights Act 2015, as that guarantees you various rights and forces them to acknowledge your rejection.

      If you want to negotiate another vehicle instead of a refund, you are going outside the Consumer Rights Act and therefore not subject to the protections of the Act.

    • Thanks for the kind reply. I thought i was giving them a way out with another vehicle purchase but didn’t realize that affects my rights. I will send another e mail saying I am rejecting the vehicle under consumer rights act 2015 and that is to full refund of what I cost. I will also include that only after getting a refund for this vehicle, i will enter into a new contract with them for a suitable vehicle. Will this approach cover me for protection under the act?. My another question is do I need to call finance company and ask to cancel the agreement or wait until they cancel it for me? should I be paying the first monthly payment which will due next week? The car is with dealer now and I have their courtesy car.

  384. Hi, I bought a car 22months ago and during this period I had to take the car back for repair 8 times, the last time costing nearly 4k, I have also finally discovered that the car was a recall in 2013 and due to that I would never had bought this car if I had known, I am not trying to get an agreement with the finance company for them to take the car back free of charge as I can give it back anyway now but would have to pay 4k for that.
    what can I do as the good information wasn’t given to me when I got the vehicule? what are my rights?

    • Hi Giles. You’ve had the car for nearly two years, so unless you can show that you were mis-sold the vehicle then you don’t have any special ‘rights’.

      Recalls are very common, and most manufacturers will have to deal with a few of them per year. As long as the recall work was done correctly, I’m not aware of any requirement for the dealership to disclose that the vehicle was subject to a recall.

  385. Hi i hope you can help.
    I bought a car from a trader last week. He was very honest from the start and told me that the clutch had gone so i asked him to repair the clutch which he did. I went to pick up the car and examined the vehicle everything seemed fine.. I paid £595 for the vehicle and £190 for the new clutch.
    I drove the car for about 30 miles and the car would not go into gear. I struggled to get home.
    I spoke to the dealer and demanded a full refund. He said there was a 3 month warranty on the car and i could take it to be repaired. I refused this so he said he would refund me £595 for the car but not the £190 as he had paid for a new clutch. I refused this and took it to an independent garage and they found other faults with the car as well. I spoke to the trader to inform him and he said i needed to take the car to the named garage as it has a 3 month warranty. He then offered me the full refund but wanted to examine the car first and would arrange for it to be picked up. I refused as i want some proof he will refund the full amount. I told him i would take him to court under the new Act. He said to go ahead and take him to court as i have been unreasonable.
    What should i do?
    Thank you

  386. Hi Stuart, I took a PCP out on a brand new Vauxhall Astra in April 2016. In late January 2017 the engine failed and new pistons / cylinders were required for the car.

    Strangely, the engine failed again in January of this year, and, after speaking to Vauxhall who phoned the dealer for update, it seems it’s the same issue as the previous year as the exact same parts have been ordered. This is also coupled with the car being brought in for an early service due to oil warnings only 4 days before it broke down (it passed the service).

    I’m now in a position with no trust in this model of car and no confidence in this not happening again and possibly endangering my young family.

    Do I have grounds for refusal based on this being a recurring fault on a brand new car? And would this refusal be through the finance company or the dealer? Vauxhall initially advised to speak to the dealership sales team. Thanks, James

    • Hi James. The Consumer Rights Act works in your favour for the first six months only, and you’ve had the car nearly two years. It’s not impossible to reject the car now, but the odds will be rather more against you.

      The “dealership sales team” will be only too happy to help you out, but obviously that will mean trying to negotiate you out of your current car (which will probably still have negative equity) into a new car…

  387. Hi Stuart, hoping you can help! I bought a used Fiat 500 in November, 13000 miles on the clock, handed over £6700 and got a 6 month warranty. It’s a Mazda dealership but they sell all makes. Yesterday I turned it on and the entire dashboard has gone, nothing lights up at all so I can’t see how much fuel is left, the mileage, speed, no trip computer etc. I took it straight to them as I wanted to know whether this fault is potentially dangerous given it’s used for me and my two year old! They said no, they will book it in for “sometime” next week and call me. I asked if someone could look at it quickly to tell me it is safe and they said no, too busy, lots of mechanics off with flu. So came home and started googling but didn’t get far. Within 2 hours they rung back saying they had looked into it and could I bring it straight back and they will give me a loan car. They said it needs a complete new dash and need to send it away so wanted to give me a loan car “to be on the safe side”. I did more research and have found that this fault is rare but when it doesn’t happen and is repaired, it can continue to be a problem in the future. The majority of people who had this fault rejected the car after two or three failed attempts at fixing it and they urge people to be extra cautious accepting the car back if it has this problem. Went in this morning and they’ve confirmed it’s covered by the warranty. I raised my concerns and asked what happens if the fault comes back once the warranty expires and was told “oh that would be a problem only the director can decide”. So I’m very wary. Can I reject the car despite them fixing it given it’s such a serious fault? I’ve lost faith and was scared stupid driving it this morning. Thank you in advance

    • Hi Sallyanne. You are outside your first 30 days but still within six months, so if you formally reject the car then the dealer will be entitled to one chance at fixing the problem. If they fix it, you lose your right to reject.

      Once your warranty expires, you’re usually on your own. That’s why warranties (and the Consumer Rights Act) have time limits.

  388. Hi Stuart,

    I bought a second hand car from a garage 2 days ago, since then I have had a number of issues, Gears are not engaging properly, fluid leaking from the car, burnt smell and smoke from the bonet, coolant warning light and tyre pressure warning light. I have driven the car a total of 30 miles since owning it. I have contacted the dealer and they have suggested taking to a garage over the road to check the problems. Is the garage i bought the car from responsible for fix costs? Also im not confident said garage will perform the necessary repairs, do I have grounds for just requesting a refund based on right to return? and finally if i have to take legal action can my costs be claimed back if i win?

    • Hi Mark. Yes, within the first 30 days you are within your rights to demand a refund rather than a repair.

      If you end up having to take legal action and it got as far as a courtroom, it would be up to the judge to decide if costs were payable (assuming you won, of course).

  389. HI I BOUGHT A CAR FROM A SMALL DEALER WHEN DRIVING UP THE ROAD THE CAR WENT INTO LIMP MOD I PHONED HIM AND HE TOLD ME TO SWITCH OFF THE CAR AND START IT AGAIN I DID THIS AND THE CAR WAS OK .THE NEXT DAY I TOOK IT OUT FOR A DRIVE AND IT DID IT AGAIN AND THIS TIME THE ENGINE MANAGEMENT LIGHT CAME ON ,I GOT THE CODE OFF THE CAR ANT ITS A TURBO BOOT FAULT I PHOND HIME TO TELL HIM AND HE TOLD ME TO PUT IT INTO A GARAGE FOR DIAGNOSTIC CHECK £41 I DID THIS AND HE SAID THE SAME .HE WANTED TO FLUSH THE TURBO WHITCH 9 TIMES OUT OF 10 DOES NOT WORK AND WHEN IT DOES ONLY LAST A MONTH THEN I SAID I WANT MY MONNEY BACK AND I WOULD BE DOWN IN 4 DAYS. THE CAR ONLY WOULD GO INTO LIMP MODE IF U DO 70MPH THEN YOU SWITCH OFF AND ON AND ITS OK AGAIN DROVE IT BACH 110 MILES AND HE WENT FOR TEST DRIVE BUT ONLY DID 39MPH AND SAID THE THE DIAGNOSTIC WAS WRONG HE NEW BEST I SAID I WILL TAKE IT OUT AND BRING IT BACK IN LIME MODE WHITCH I DID .WHEN I GOT BACK HE WOULD NOT DRIVE THE CAR AND WE GOT INTO A ARGUMENT AND HE DROVE AWAY I HAD NOT CHOSE BUT TO DRIVE HOME AFTER 50 MILES DRIVING 65 IT WENT INTO LIMP MODE AND WOULD NOT COME OUT OF IT THINK TURBO HAS GONE ALLTOGEATHER NOW I HAVE A CAR I CAN NOT USE HE DOES NOT ANSWER CALLS OR EMAIL ME AND I NEED A CAR ON THE BUS AT THE MOMENT THANKS

    • Hi Stewart. You need to formally reject the car (in writing), rejecting the car under the Consumer Rights Act 2015. However, if he does not respond or accept your rejection, you will need to take legal action against him.

  390. Hi Stuart, just under a week ago I purchased a 2nd hand car from a trader. Unfortunately today something caught my eye that I hadn’t noticed before. The front bumper appears to have been resprayed near the number plate and front grill and the clear lacquer is ever so slightly starting to flake. I have also noticed that there is some over spray on the grill. Given that the car is only 18 months old, cost £20k and this damage wasn’t declared do I have any legal protection under the consumer rights act? The trader also charged me a £99 fee for a “pre delivery check” and the poor repair wasn’t mentioned at any time. Any advise is appreciated.

    Thanks

    • Hi Steve. No, as far as I can see, you don’t have any rights under the Consumer Rights Act. What are you hoping for? A minor cosmetic flaw does not constitute a faulty car.

  391. Hi there am new on here and need help asap. I got a Vauxhall Astra on finance through startline motors V12 sports and classics.

    Car started idling after week of finance. I’ve spoken to dealers and had to take 5days off work to be resolved due to had to leave he car with them they couldnt find the fault tried to communicate with the dealer but no luck called citizen advice which i had to put up in writing to the finance as i didnt have anything to do with dealer its the finance so complain is opened and made the video of the fault took the car to the dealer and left it for 4days to get it fixed otherwise i mentioned i would reject the car then after 2 days the issue is the same i do work 2 jobs and dont have much of time to go back and forwards as ive been doing so after two days they came back they cant find the fault to come and collect the car so i collected the car and came the next day and showed them the fault which they admited it issue is there and they came up they fidnt notice it now the finance that i have complaint to them they require further evidence which on diagnostics doesnt show the actual fault so the car has been at the dealer for nearly 7weeks which i lost faith in it and no longer wanted as well got another that that i am happy with and called today 29/1/18 the finance adviced me they fixed the issue they are happy for me to collect the car which i wrote them rejection if vehicle as well notice before action any help woule be apriciated

    • Hi Kristijan. If you rejected the vehicle after the first 30 days, then the dealer is allowed one attempt to fix the problem before you can push for the rejection to be accepted (and any work they have done previously does not count towards this).

      From what you have described, you did not actually reject the car until more than seven weeks after taking delivery. If you had rejected it within the first 30 days, you would not have to agree to a repair.

  392. HI, I purchased a car from a Vauxhall dealership at end of April 2017. 2 weeks later the car overheated and basically blew up on the motorway due to suddenly overheating, towed back to Vauxhall and told car had several leaks, Vauxhall out in new engine.
    Roughly September 2017 I get a letter from Ford saying my model car has a fault with degas hose so I take it to ford and have it changed, December 2017 my car heaters stop working, I take it to ford they tell me the radiator was leaking water and they repaired it. Putting a new radiator in. 4 weeks later my heating goes again, I’m booked to ford on 9 feb 2018 to have it repaired again!
    Today I’m at work as I use my car for work, the car makes a sound I’ve heard before I let car cool down open bonnet to see that coolant is running low, I refill it although it was only filled roughly 4 months previous, local mechanic who was passing says you’ve got a leak! I now have lost all faith in my car, how do I go about rejecting it as problems really started to arise once 2 weeks of buying in cash, it’s under warranty but every time I have it repaired it’s going back awhile later for same issues. I’ve lost all faith and I need my car for work. What do or can I do?
    Thanks

    • Hi Dee. If you are using your car for work purposes then you are not covered by the Consumer Rights Act, which only covers private purchases for personal use. Therefore, you are most likely going to have to persevere with warranty claims or get a lawyer to try and find any avenue to get you out of the car.

  393. Hi Stuart,

    I purchased a Fiat 500 1.2Ltr Semi-Automatic last week on PCP. Since I got it, the gear change on the semi-automatic has been jerky making it difficult to control for quick starts (i.e. at a roundabout), hard to accelerate quick enough to engage safely on the motorway and most importantly very hard to/rarely possible to climb a moderate to steep hill without losing power completely and rolling back.

    Obviously, none of this was disclosed at point on sale. The car has just been fixed for a wiring issue that caused national recall and I accepted that. But not being able to climb a hill in Semi-Automatic is a key fault because it makes the car dangerous to drive. I cannot switch it into manual and drive it that way up a hill because I only own an automatic licence and cannot legally drive a manual car/in manual mode. Hence there is no workaround and genuine places in the UK/everyday life where I will not be able to get a long running start to a hill.

    Does this count as a fault? Can I return the car based on the loss engine power in Semi-Automatic.

    Thank you,

    Nefy

    • Hi Nefy. You would need to be confident that this is a fault with the car rather than simply a particular characteristic of that engine with that gearbox. From what you have described it sounds like a fault (a car should never lose so much power that it starts rolling backwards under normal driving), but you should drive another similar model with the same engine and gearbox to see if there is a noticeable difference.

      Most semi-automatic gearboxes are quite jerky, and you need to drive them almost like a manual to get best results – lifting off the accelerator as it is changing gear and only accelerating again once it has engaged the next gear. But driving it in automatic mode shouldn’t affect its ability to climb a hill.

  394. Hi Stuart,

    I purchased a 2014 Audi A4 Avant at a cost of 18000 in October 2017 from a franchised Honda dealer in stockpot. It needed a service so i took it to my local indy in London the following month and 400 miles since purchase. They noticed that there as an oil leek. I informed the sales person from stockpot Honda and they fobbed me off saying that it was probably a spill and their 100 point health check including any fluid leeks which it had passed wold have flagged it up. After escalating the issue to the general manager he said pursue the 3 month RAC warranty. RAC required a diagnosis to make a claim which i had to pay for. RAC would only cover half the quoted work which was reseal of sump and replacement sensor. The dealership didn’t want to cover the rest of the quoted works and wanted to see if the sump and oil sensor fixed the leak. Well it didn’t fix it and there is still an oil leek. I reported this back to the dealer and in fairness to them they have paid for another diagnosis from the local indy which we are in the process of doing. The Dealer said that want to see if they can get RAC to cover the cost of further works even though the RAC warranty ran out in January (3months only) maybe they have a greater sway with RAC as they do a lot of business with them. They did say that failng that they would cover the cost of repair.

    The dealer does not want to put anything in writing so i have a lot of one way emails to them followed by a call from them!

    The local Indy has also had dealings with the dealer who have paid for the second diagnosis so there is a slight omission to a problem by paying for an investigation.

    Anyway im aware that my 6 months are quickly running out, if i have started the process prior to 6 months does my right to reject stop after six months if the case is ongoing?

    Do the repairs from RAC that the dealer asked me to pursue count as an attempt from the dealer to repair?

    The dealer is represented by the motoring ombudsman, so when should i go to them? should i wait for this next round first?

    Do i want to reject the car? or should i push for some form of compensation via the ombudsman as the car was not sold as described as i don’t think its fair and reasonable for a car of this age and mileage and cost to have such an oil leak.

    thanks in advance

    matt

    • Hi Matthew. Based on the above, you haven’t started the process to reject the car. That starts when you formally (ie – in writing) advise the dealer that you intend to reject the vehicle under the Consumer Rights Act. You should do this within six months while the law is on your side. After six months, the law tends to favour the seller over the buyer.

      After you advise that you intend to reject the car, the dealer is entitled to one attempt to fix the problem. Anything that has been done before that doesn’t count (unless they admit that they’ve tried and they decline the opportunity to try again). If they fix the problem, you lose the right to reject. If they can’t fix it, you are entitled to proceed with your rejection.

      If the dealer does not accept your rejection, then you can proceed to the Ombudsman. If the dealer does accept your rejection, they are entitled to reduce your refund based on your usage of the car. There is no formula for this, so it is entirely negotiable between you and the dealer. There is no provision in the Act for any compensation, only a refund of the car’s selling price (minus the allowable reduction mentioned).

  395. Hi Stuart,

    On the back of your response, I didn’t add that I attempted to contact the seller on numerous occasions and he is ignoring my calls and text messages.

    What is my next step, would it be going to court or?

    Many thanks for your help

    • Yes, if he’s not responding then you will need to take action against him, and that normally involves a lawyer. However, any kind of formal action against him is going to cost more than the £95 still outstanding and there’s no guarantee that (even if you get the £95 back) you will get your costs back.

  396. Hi stuart

    I recieved a Nissan X-Trail brand new from LeasePlan on the 3rd oct 2017, after 50 miles the engine light came on and since 16th Oct the car has been into the local Nissan dealers (Bristol Street Motors Chesterfield…) 6-7 times. It is there at the moment and has been there for 7 weeks!
    It’s been reset a couple of times had 2 boost sensors fitted, a new turbo on the 10th and since then has been sat in their car park, it took them 3 weeks to fit the turbo after it had been delivered. I have spoken to the dealer several times, when they actually answered the phone or got back to me, Nissan Assist who seem to get treated same as me, and LeasePlan who just get updates from Nissan assist, it’s really p******g me off. I asked LeasePlan if I could either have a replacement car or cancel my contract and they say I have to let the garage fix it??? see above!!! Is there any way I can get out of this contract, lost confidence with car, Nissan, and LeasePlan. Fobbed off by everyone.

    • EDIT: Updated information

      Hi Andrew. Because you don’t own the vehicle, you have to tackle the leasing company with regard to rejecting the vehicle, rather than the dealer. Unfortunately, it’s very easy for a leasing company to keeping batting you away and referring you back to the dealer to have problems fixed under warranty.

      Have you formally written to LeasePlan to reject the vehicle under the Consumer Rights Act? If not, this needs to be your next step.

      You will have to keep hassling LeasePlan to try and get this resolved. If you submit a formal rejection of the vehicle and they reject it, you will have to bring action against them to try and force them to accept the rejection, which usually means calling a lawyer. If they are just messing you about and not officially refusing to accept a formal rejection of the vehicle, you can file an official complaint with the company’s complaints department.

  397. Hi Stuart,

    I have recently rejected a car, wrote a letter and the whole process.

    However an issue has arose as the seller only refunded me £1800 when I paid £1895, he claims that its due to his time and cost of repairs (not made by me but they were already there when he sold the car to me).

    What should I do or need to do to get the remaining £95 as im sure he has no right not to send me that money.

    Look forward to your response.

    Many Thanks,

    Sam

    • Hi Sam. If the car was rejected in the first 30 days, there are no provisions in the legislation for the dealer to claim any part of the refund back for his time and expenses. If it was after the first 30 days, the dealer is entitled to make a deduction for wear and tear associated with the car.

      It’s entirely possible that he has no right to withhold that money and is simply assuming that you won’t bother to fight him over it.

  398. Hi again,
    I have just told the dealer I wish to reject the car for a full refund on the basis the car is not fit for purpose, they have said I need to write to them requesting this and they have 21 days for their solicitors to respond. Is this correct? They are leaving me with an undriveable car for this period. If I choose to take them to Court do I start the ball rolling now or do I have to wait until their solicitors have contacted me? Thanks again for your help

    • Yes, you need to formally advise the dealership that you are rejecting the car under the Consumer Rights Act 2015, which means putting it in writing. Email is acceptable (should be directed to the general manager or dealer principal), recorded delivery snail mail is better.

      As for what happens after that, there is nothing in the Act that specifies how long they have to respond. Obviously, it is reasonable for the dealership to want to look at the car for themselves to decide whether they agree with your assertion that it’s faulty, rather than just taking your word for it. You can only really take them to court if they refuse to grant your request to reject the car, or refuse to respond to your letter of rejection.

  399. Hi I bought a Vauxhall Astra VXR in finance on August 8th 2017 2nd hand from the local dealership then on the 3rd January 2018 it started juddering and the traction control light came on along with the engine light, I sent it back to the dealership who replaced the crankshaft sensor but the problem was still the same and they said it has to go to a Vauxhall specialist they are now telling me the ECU needs replacing can I tell them I no longer want this car? What about the finance?

    • Hi Dave. You are outside the initial 30-day period, so if you notify the dealer that you wish to reject the car, they have one chance to fix the problem before you can finally reject the vehicle.

      You will need to contact your finance company first, as it’s ultimately their car. They will usually want you to reject the car to the dealership, who will then have to refund the finance company.

      If your rejection is successful, you won’t get a full refund as the seller is entitled to deduct for use. This is negotiable, so you don’t have to agree with their calculations (which will obviously be in their favour).

  400. Hi,
    We bought a Volvo XC90 from a Volvo dealer. 36 hrs later the engine emission filter was on. I have taken it back to the dealer within 30 days and it needs a whole new diesel particulate filter unit. This part should last for 100,000 miles. They have offered to do this but on reading it should not fail this early and it could signal engine faults upstream. We are not happy to take the car back. Are we entitled to a full refund?

    • Hi Martha. I am assuming you have bought a used car, rather than a new one. It would certainly be unusual for a particulate filter to fail within 36 hours from new.

      The particulate filter is a wear-and-tear item, so it is unlikely to be sufficient grounds to reject a used car. If the filter is replaced at no cost (as it should be), the car should run perfectly well afterwards. What has probably happened is that the previous owner has not done sufficient driving to clear the filter, so it has clogged up and now needs replacement.

  401. Thank you for your answer Stuart,

    I wrote them a rejection letter on 27th day of my 30 days, 10th of January, i got the royal mail receipt and copy of the letter, i was in my 30 days right when i rejected the car.
    They tried to fixed the car once already but the problem never solved, plus i found a empty can of engine leak stopper and PCO Licence badge on back of the car, so they put that liquid to hide that knocking temporary and this has been used as a private hire car before which they never mentioned to me, they are not registered to ombudsman service, Where can i get a legal advice or help? Thank you

  402. Hi Stuart, we feel we have been mis sold our new car, Land Rover Discovery Sport, we purchased it six months ago, since then we have had the warning light on three times, first two times I was told to drive for 20 mins at min 40 Miles per hour, which I did, the car was taken back by Land Rover which they had for 4 days and fitted a new part, the problem has happened again (being a sooted up exhaust) the car has gone back to the garage but this time we have been charged as we were told the car had not been driven enough, so the fault was ours.
    We feel very cross as we part exchanged a Ssangyong which had very low mileage and spoke to the salesman that we only used it for small journeys, we were not informed that this vehicle would not be suitable for us ( so feel it was mis-sold ) the Discovery is coming back tomorrow and I feel I don’t want to drive it as I know the problem will occur again. What would you advise? Thank you. Liz

    • Hi Liz. I gather that you are referring to the Diesel Particulate Filter warning light. It’s unfortunately a fairly common problem associated with modern diesel engines – there is a filter in the exhaust that catches the worst of the black, sooty, carcinogenic smoke that all diesel engines produce. Once the filter heats up enough (which happens eventually as the engine and exhaust system will gradually heat up as you drive), the particles are all burned off.

      Because you are not doing any longer journeys and the engine is not actually working very hard, the system is not heating up adequately and therefore the filter is becoming clogged with black soot. And like any filter that gets clogged, it causes whatever’s coming through it to block and back up.

      The advice to drive for 20 minutes at 40mph is basically to give the engine and exhaust system enough time to properly heat up so the soot can all be burned off properly and clean the filter (the manufacturers refer to this as ‘regeneration’). However, if you don’t do that when the warning light first comes on, it will eventually fill up and driving the car won’t fix it, so the car has to go back to the garage.

      Rejecting a car on the grounds of mis-selling is always difficult unless you have a very clear paper trail that shows you have been misled. Given that nearly all recommendations and advice provided by salespeople are verbal, it becomes a “he said, she said” kind of argument. The dealership can argue that everything was properly explained to you but you wanted the car anyway, and what proof do you have to counter that?

      I would suggest you should consult a solicitor specialising in consumer law, who may be able to help you show that the car is manifestly inadequate for your needs (based on your driving circumstances, a new diesel engine sounds entirely wrong for you) and may be able to get the dealer or Land Rover to exchange the car for a petrol model instead.

  403. Hi Stuart, I purchased a used car 12 days ago from a dealer. Test drove it a week prior it ran perfectly. Paid a deposit and agreed that they would fit a new cambelt and water pump. Paid for and collected the car a week later. Noticed on driving the car home that the engine wasn’t running quite right, buried my head in the sand for a couple of days not wanting to admit to myself there was a problem but it only got worse so on day 5 called them up and they have taken it back this week to repair (It has several codes showing relating to the fuel system and engine pressure we know as a friend ran diagnostics). I believe either something may possibly have happened at the garage when doing the work that has caused this or it is really bad luck that something has just gone wrong with the car between test driving and picking it up. I don’t have confidence that they will repair it satisfactorily (just a hunch) but I am giving them the benefit of the doubt. I just want to prepare myself to potentially ask for a refund if the problem isn’t fixed – am I within my rights to do so please? I traded my (very low value) car in against this where would I stand with that? Sorry I hope you don’t mind me asking.
    Thanks
    Harriet

    • Hi Harriet. It will depend on what you mean by “the engine wasn’t running quite right”, and what the cause of that problem is. If the car is genuinely faulty, then you are within your right to reject it. Definitely best to do so sooner rather than later, as the longer you leave it the harder it will get.

      If you are able to reject the car, you are entitled to a full refund of the purchase price (as long as you do so within 30 days). Assuming the dealer is unlikely to still have your part-exchange vehicle, you will get a cash refund on the overall price. So if (for example) the car cost £10K and you paid £8K in cash plus had a part-exchange worth £2K, you will get a £10K refund.

  404. Hi Stuart. Thanks for your response. I thought the dealership was trying to pull the wool over our eyes regarding this and it’s good to have your solid advice. We don’t give up that easily and if they want to drag it on then so be it, we have another vehicle so are not at any inconvenience in that regard, just the sheer frustration of dealing with them. We are speaking with a solicitor tomorrow to decide how to take things forward.

  405. Hi Stuart
    Ordered a new Jeep Renegade on 4th October and took delivery at 1.30 pm on 17 December. Drove the vehicle home (less than 5 miles) and parked up on the drive and locked car up for the day. Woken at 4.00 am to the alarm going off. Could not disable the alarm and in fact the key got stuck in the ignition device and all the dials were going ballistic and alarm still sounding. It took one and a half hours for the alarm to stop. When we tried to start the car, nothing happened, but the alarm went off again. Contacted the dealership who advised us to contact Jeep Recovery. They came out within an hour and the Assistant advised the battery was flat. He advised something had drained it and he would need to charge the battery in order to carry out tests. He did this but said there was nothing he could find that was draining the battery. He contacted the dealership to advise and they asked for the vehicle to be returned for diagnostic testing. Jeep recovery took the vehicle to the dealership and after about an hour they rang to advise that the problem was an internal failure of The Body Control Module. I’ve been advised that this is the main computer on the vehicle and is responsible for all the internal/external electrics. They said they were ordering a replacement but as this has to come from the manufacturer in Italy it could take 7-10 days. The vehicle has been with them ever since.

    We heard nothing from the dealership and on the 28th December officially advised them by e-mail of our wish to invoke our short term right to reject under The Consumer Rights Act 2015 and requested a full refund. They acknowledged our communication but did not accept the rejection stating it was their “solution” to replace the Body Control Module under the terms and conditions of the manufacturer’s warranty. We wrote again stating that we did not wish a repair to be carried out and understood from the Act that we did not have to accept a repair in place of a refund as the fault had occurred within the first 30 days (in actual fact it was 15 hours).

    We have been contacted by Jeep in Italy to see if they could negotiate some form of financial incentive for us to take the vehicle back (although no amount was actually quoted) but we understand that if we do this and the fault, or another fault, occurs, then we have lost the right to reject.

    On 8 January received a further call from Jeep advising that the replacement Body Control Module was now with the dealership and they again asked if we would consider keeping the vehicle for a financial incentive. We have made it very clear to both Jeep and the dealership that we do not want to keep the vehicle and want a refund. On the same day I received a very curt e-mail from the dealership saying they were looking to get approval for a refund from Jeep but that they needed to liaise with them and find out exactly when the fault occurred – whether before the alarm went off and what the reason was for the alarm going off!! This is three weeks after we had been advised what the fault was.

    15th January and heard nothing further from the dealership. Looking to take some legal advice but in the meantime would appreciate your comments as to whether or not we can claim a refund and if so, how long we should give the dealership to sort this out.

    • Hi Pauline. Under the Consumer Rights Act, you are rejecting the car to the dealership, not the manufacturer. Whether the manufacturer refunds the dealer for any loss is not your problem.

      It is not surprising that they are trying to drag things out. It doesn’t affect your rights to a refund if they drag it beyond the 30 days, but they know that customers tend to give up and accept a lesser offer just to resolve the situation and get on with their lives. Accepting your rejection will cost the dealer and/or manufacturer many thousands of pounds (plus they then have to sell the car to someone else as a used car), so it’s not surprising that they are trying to offer you alternatives that avoid this expense for them.

  406. Hi Stuart, great article. Was hoping for a little of your sound advice?

    I purchased a used Mercedes from a local used car dealership, with only 33k miles. I had it 4 weeks and it broke down, after only driving 600 miles in it. RAC came, scanned it and said no fuel pressure. It got towed back to the dealership at my expense and they said they will look at it. None of the staff there seem very happy to have it back and treated me like a nuisance when I arrived – great. They haven’t given me a time scale on when they will look at it, it’s been there 4 days.

    What are my rights here, do they get one attempt at fixing it before I can refuse it and request my money back?
    Are they liable to pay the costs of towing the car back?
    How long should I give them before putting pressure on?

    • Under the Consumer Rights Act, after the first 30 days but inside the first six months, the dealer is entitled to one attempt to fix the problem. However, step one in this process is you formally rejecting the car – which means in writing, citing the Consumer Rights Act 2015. After you have formally communicated this to the dealer, they are entitled to their one chance. Any work that takes place before you reject the car does not count.

  407. Hi Stuart,
    I bought a 2012 Honda insight 50000 miles on clock, from a private dealer on 13th of December, i paid £6770, after a week i got sound from engine and then low oil light, went to local garage and there was very little oil left on the engine, they top it up and after 6 days engine knocking start again and low oil light on again, so car clearly burning oil, i went to main Honda dealer and they said that car needs a engine rebuilt which will cost £4000! i called the dealer and they said i have to go one of their garage, i went there and their garage heard the knocking, but they said its a piping, nothing from engine, i went straight to the Honda again and they said sound is coming from straight from the top of the engine! engine definitely needs to removed and rebuilt! i went to dealer where i get the car, explained them what Honda said, the accused that Honda is lying and they tried to send me to another garage for another check! i refused that because i lost faith on them and send them a rejection letter on 27th day, its clear that engine problem was there before i bought the car, i already use nearly 14 liters of oil in 2.5 weeks, so whats my chance to get my money back? thank you

    • Hi Dogan. You are now outside your initial 30 days, so if you formally reject the car under the Consumer Rights Act now, the dealer will be entitled to one chance to fix the problem. If they can fix it, you lose the right to reject the car. The fact that the problem was first detected within a week does not matter because you did not reject the car at the time.

      You will need to provide a written report from the Honda dealership that sets out their findings to present to the dealer who sold you the car. The dealer is not obliged to accept your argument, so if they don’t agree then you will have to take action to try and enforce your rejection.

  408. Hi Stuart,

    I purchased a new Peugeot 3008 from a main dealer and took delivery in September 2017. The car was fine for a couple of weeks but then (1) the car would not recognise all of the contacts on my phone list and the voice recognition worked only spasmodically, (2) the sat nav regularly showed the car driving in areas when it was somewhere else (e.g. instead of turning left at a junction as the car did it might show the car travelling straight ahead across fields, and (3) the driver’s seat massage function worked only occasionally. The car has been back to the dealers on four occasions to rectify these problems, but on the last visit despite being told that they had all been fixed, only the phone issue had been. I understand your comments about the right to reject the car within 6 months, but how much more opportunity should I give the dealers to sort things before I do? The car was purchased with cash and a part exchange. Clearly, if I do reject it I can’t expect to get my old car back and the cash paid (but I would if I could!), but what can I expect? I would be happy to accept a replacement car to the same spec, but this one has a lot of factory fitted extras and a replacement would not be ready until the six months had expired. If I reject on time, can I keep driving the existing car until its replacement arrives?
    Thanks, Marc

    • Hi Marc. From a procedural point of view, if you reject in six months then you are entitled to a cash refund of the purchase price of the vehicle – minus an allowance for wear and tear. There is no legal definition of how that is calculated, so the dealer will attempt to charge a large amount and you will have to negotiate something more reasonable. The Consumer Rights Act does not provide for a replacement vehicle or any other settlement – you can negotiate this, but you are stepping outside the Act and negotiating your own agreement with the dealer and/or manufacturer.

      If you do formally reject the car under the Act, you have to give the dealer one more chance to fix the faults. The work that has already been done does not count for the purposes of rejecting the vehicle. This is how the Act has been interpreted in the cases that have made it as far as a courtroom to date. If you do formally reject the vehicle, you should stop driving it immediately if at all possible.

      The three faults you have listed are annoyances, but they don’t really constitute the whole car being faulty. It is still perfectly drivable and retains all of its safety features, therefore you may struggle to reject the car under the Consumer Rights Act. You are probably better served continuing to push for the faults to be fixed under your new car warranty.

  409. Hi Stuart, thank you for coming back to me, would it be best to speak to the finance company first before telling the dealer? Many thanks Lucy

  410. Hi Stuart, i brought brand new Nissan Juke 28th July 2017 on PCP finance, its been back in the dealer for a number of faults, there is a current fault that the vehicle will hesitate and has no power puling away from junction, i took the car on the 1st November 2017 and was told there had been an software update done but I still have the problem. This problem as nearly caused me to have a number of accidents. The vehicle is booked in on 25th January to be looked at again. Do i have the right to reject this car? Also where do i stand that the car will be 6 months old on the 28th January 2018? As the problem has been noted which in the 6 month period would i still be able to reject the car after this date? Many Thanks Lucy

    • Hi Lucy. You have to formally advise the dealership within six months that you are rejecting the car under the Consumer Rights Act 2015. That date won’t be exactly 28 January, as you can add any days that the dealer has had the car for repairs onto your six month (so, for example, if they had the car for a total of two days, your six-month date would be extended to 30 January).

      You can’t reject it later on on the basis that you originally told the dealer about it within the six-month period but then kept driving it (well, you can, but the law is definitely not in your favour if you do).

  411. Hi Stuart,
    I hope you can help me please.
    I bought a Fiat 500 last year (November 2016). It was brand new and within a month it needed a new gear box because the car kept playing up. It took Fiat 4 weeks to get a part and to be repaired. Then in October my car broke down. I was at a roundabout went to go and my car did not move and then would not start. I still do not have my car, I have been waiting for a part for them to replace it but have been told that the first part they tried did not work and then another fault happened which was not related to the original fault they have now tried a second part and is apparently now working but I went to collect it today and they did not do the service they had promised so it is still at the garage. What can I do? I’m worried it is going to break down again. Please help. I have spoken to Fiat and the finance company and all they are offering is compensation.

  412. Hi Stuart,

    I am hoping you could give me some advice!

    On Dec 3, 2017, I purchased a used Ford Fiesta from Cargiant. When I drove it home for the first time, I could feel that the alignment of the car wasn’t correct. As I was aware that service of the car is due I decided to get it checked and serviced at the same time. I don’t use car to go to work so second time I used it was on the following sunday, but I got stuck in the snow and my friend who was in his car behind mine had to help me get home. So I quickly booked a service for the next week and got it checked at a nearby garage on Dec 14.

    When I went to pick up the serviced car on the same day, I was extremely shocked to see the service report and to hear comments of the garage owner on the condition of the car. In his exact words, “the car is not fit to drive”. He then mentioned a number of things that lead him to make this conclusion, like:- Steering pulls to the right, Wheel alignment is not correct, Wheel rim is bent, Wheel arch liner is insecure, Tyre Repair Kit Sealant Expired on December 04, 2017. Also, the kit provided was not even for the correct car model.

    I was utterly disappointed. Then spoke to their after sales service personnel and made him aware of the condition of the car, for which he suggested me to get the car back to their workshop so that it can be repaired. I requested them to pick it up as i was scared to drive it again, but they refused, so I had to drop it off myself at their garage on 19 Dec and it has been with them since then. They tell me that they have ordered a number of parts and are waiting for them to arrive. It has been 3 weeks since then and we are facing a lot of inconvenience (not being able to use car during holiday season) and uber expenses because of not having our car, etc. Please note we are a young family with a 2 year old baby and in these days he got sick twice, and we had to uber every time for our doctor visits wait for whilst carrying our unwell baby.

    I think Car Giant has clearly sold me a car which is unfit to be on the road and of unsatisfactory quality. So I have lost all the confidence in this car and wish to reject it now. From reading CRA 2015, I understand that I am still under my Short term right to reject period and eligible to reject the car. But before I do that I would like to understand whether I can claim more than just what i paid for buying the car such as – insurance cost, road tax, service cost, uber and other expenses I had to incur because of my car being kept by car giant for repair? if yes, then could you please guide me if this is covered by law and where.

    Thanks in anticipation for your advice!

    Warm regards,
    Suneha

    • Hi Suneha. The Consumer Rights Act entitles you to a full refund for the value of the car. You can’t claim any other expenses or compensation under the Act.

      You can always try to get reimbursement for expenses from the dealer, but this is separate to the Act and is simply a matter of negotiation.

  413. Thanks for the advice Stuart. I really appreciate your confirmation that I am within my rights to do so. The after sales manager just got back to me by phone and has said that the General Manager is not accepting my rejection of the vehicle. I again stated my case and have said that I will now contact Audi UK and the Motor Industry Ombusdman and will involve my lawyer. Following the conversation I emailed him back the following “Dear XXXX, Further to your telephone call earlier this afternoon I would appreciate it if you could respond with the following details:
    A clear explanation of your grounds for not accepting my rejection of the vehicle under the Consumer Rights Act of 2015, Chapter 2, Subsection 9, Point 3.C. “freedom from minor defects”.
    The name and contact details for the Dealer Principal for Glasgow Audi.
    Contact details for Audi UK Complaints Department.
    I look forward to hearing from you in due course.”
    I will probably now focus on Audi UK to take forward the case. Out of interest am I still able to use the vehicle while this drags on? I need a vehicle for work and have been limiting my use of this one to avoid any issues but all my money is tied up in the vehicle and so I can’t afford to but another especially not knowing what the outcome will be. Thanks again for your advice. Best Wishes, Stuart.

    • As a rule, if you are rejecting the car because it is faulty, you should avoid driving it if at all possible. Otherwise you are just undermining your own position.

  414. Hi Stuart, I was hoping you could give me some advice regarding a new Audi Q7 which I picked up from the Audi dealership on the 28th November 2017. A couple of days after picking the vehicle up I noticed there were faults with the electronic MMI Infotainment system. The DAB radio wasn’t working, there were input problems with the trackpad and the internet system was problematic.
    The car had to go back in 2 weeks later for some accessories to be fitted and when I was booking it in with service I asked them to look at these faults. Communication has been terrible all along and when they had the vehicle in the first time they identified that there was a fault with the MMI system but couldn’t fix it and said it would have to go back in for several days to rectify it. In the interim, the vehicle was in for a further day for the other accessory to be fitted and the Q5 courtesy car I was given had various faults with it.
    The service I received from the Service dept. has been deplorable. I made a formal complaint to the aftersales manager on the 20th December and he said he would look into it. He phoned the following day to apologise for the service I had received and offered a first service free of charge which I have in writing. I said I would consider it however by this stage I have lost faith in the brand, the vehicle and the dealers ability to get the most basic things right and anything more serious down the line if it should occur. I therefore rejected the vehicle by email and recorded delivery letter on 21st December 2017, within the 30 days.
    The aftersales manager has spoken to me several times since trying to convince me to change my mind but I have said I won’t. They want me to meet with them to convince me to change my mind and explain to me how things will improve with the service dept. and how they will rectify the faults.He appears to be dragging his heals and says that VW Finance have to agree to the rejection, however I have spoken to VW Finance and they say it is between the dealership and the customer. They said that the dealership has to issue them with a nil cost invoice and that this will satisfy them.
    The aftersales manager has said now that he has to meet with the sales manager and the business manager to discuss it but that they would still like to meet with me to change my mind about rejection. I am not going to do this as I have already made up my mind and have given them a chance already to fix the vehicle which I was not obliged to do.
    Can you give me any advice on how I can progress things along. I have now asked on 3 separate occasions for a timetable for them to pick up the vehicle and issue a full refund for £10,500 deposit which I paid for the vehicle. I don’t know if this helps but I did pay £500 of the deposit by credit card. (The original purchase price was around £52,500). Thanks in advance for any help you can give. Regards, Stuart.

    • Hi Stuart. Don’t waste your time dealing with the aftersales manager as rejecting the vehicle has nothing to do with him. You will need to correspond with the sales manager or general manager/dealer principal, as they will be the ones who will approve or reject your claim.

      Stalling and trying to talk you out of it is standard practice – they hope you will give up and go away. The reason for this is very simple; it will cost the dealership many thousands of pounds to accept your rejection, especially if they can’t claw anything back from Audi head office.

      You need to hold firm to your written rejection of the vehicle from 21 December, and confirm that you are exercising your right under the Consumer Rights Act 2015 to reject the car within 30 days without accepting a repair. I would suggest written communication with the dealer principal (email is fine) – make sure you find out his/her name and email address, rather than a general Dear Sir/Madam email or letter that they can accidentally lose to drag things out further. CC Audi head office customer complaints, VW Finance and even Trading Standards. Be very clear that (as you have previously advised, and preferably attached) you are rejecting the car under the Consumer Rights Act 2015 because of [reasons], and that you refuse to accept a repair as is your legal right.

  415. Hello Stuart, I have bought a car on 14 November 2017 from a car finance company, 1,7 years old. The car is still under warranty but after 7 days of driving the car breakdown. I have called Nissan warranty and they’ve sent the warranty guys at my home, deleted all the errors and advised me that if it’s happening again to call Nissan because the ECU is faulty.
    After their visit I didn’t drive the car for the next 6 days and the 7th day I drive it for 25 miles and died again. I manage after 2 days to have a recovery lorry to pick it send by Nissan. After another 6 days Nissan dealer repair shop manage to give me an answer about my car. They’ve told me that the car breakdown because of the ECU unit, they’ve replaced but the car is not working. They’ve even told me that the car was repaired before and the fault that is causing the ECU to die is being caused by the wrong positioning of the earth cables. They’ve told me as well that one of the bolt that is supplying the ground points as been cut down and now the earth cables are connected in one point.
    Because of this modification to the car manufacture the dealer they want now to close my warranty and to not repair my car.
    After 2 weeks of calls I have found out from Nissan by email that warranty repairs that the car was already had previous under warranty was for the same issues on another 2 different Nissan dealers. Surprise. it seems that Nissan didn’t fix it properly and worst they even damaged on the inside hopping that it will last until the warranty will expire.
    Since the issues was already here when I bought the car and the car finance company is telling me to speak with Nissan to tell them to give me another new car because this one either you replace all the electrical system to it(but it will have to weld another bolt on the car and that will give exclusion to my warranty because is going to bring modification to my car and the warranty will go on exclusions) or to give me another new car because is their fault and they knew about it when they sold it to the car finance company.
    And finally I’m not going to fill safe in car that will have modification on it because someone from Nissan previously my ownership didn’t bother to repair it properly.
    Can you advise what is the best thing to do in my case?

    • Hi Dragos. It sounds like the issue is probably serious enough to reject the vehicle under the Consumer Rights Act.

      You would need to formally advise the finance company that you wish to reject the car under the Consumer Rights Act. They will have one chance to fix the car (as you have owned it for more than 30 days) – if they fix the problem, then you are no longer entitled to reject the vehicle. If they can’t fix it or the problem persists, you can reject the vehicle.

      It is difficult to judge Nissan’s liability with regard to the warranty and previous repairs unless you can show that the faulty repairs were made by a Nissan dealer (which seems unlikely – the dealers will usually follow the manufacturer’s instructions to the letter). You would need to get some legal advice to trawl through all the documentation, and that will obviously cost you money.

    • Hello Stuart, after many phone calls and emails the decision that Nissan took is that the car will be repaired under the goodwill gesture and not under the warranty. The Car finance company that i bought the car now they’ve offered me to pay all my expenses that i had in the last 2 months and another insurance that will cover the other faults that will come from the same fault that Nissan will not cover from this point on.
      Nissan stated that the car it will be under the warranty , after they will fix the car , for the rest of the parts but not for the parts that caused this fault.
      Can you please advise what to do further because i think the company that sold my car is trying to not take the car back or to replace it.
      Thank you

    • If you’re still not happy with what the dealer has offered, you will need to speak to a lawyer to handle your case for you. There is clearly more going on here than you have described, so it will be best for a lawyer to go through your case step by step to try and get the resolution you are looking for.

  416. Hi
    i bought a vehicle in sept 2016 that has been used as a taxi it was bought full up on finance wth 100k mile warranty a Ford Tourneo Custom 170ps titanium the vehicle was faultless until 75k miles when a noise became apparent from the engine between certain rpms 1500-2200 cruising speed, the vehicle was in and out of the dealers for 3 months which various fixes didn’t fix the problem then at 104k miles it died and was recovered to the dealer.
    10 weeks on they say the engine is at fault and need to replace it after inspection which took 9 weeks to do!! and i have not been told the outcome of, they expect me now to pay 25% of the bill and they will pay 75% as a goodwill gesture even thought the problem has been evident from 75k miles and was documented by them but as it was over 100k miles when it gave up its not fully covered by the manufacturers warranty.
    Now they tell me they don’t know how long it will take to get an engine as they are on backorder with no date as there is so many orders for them.(does that not say they have problems with said engine) this is a working vehicle that i have now been without for 10 weeks plus 20 days previous due to them trying to solve the problem, i don’t know and neither do ford how much longer i am going to be without this vehicle, i have no onward transport provided by them and am still paying the finance for something i do no have the use of what can i do?
    Just to note the vehicle is fully serviced and Ford are happy with the service history as it was carried out by an authorised service agent.

    • Hi Matt. If the vehicle is being used for work purposes, rather than a personal use vehicle, you are not covered by the Consumer Rights Act.

      You are likely to struggle to get a better offer than 75% goodwill payment, given that you have put 30,000 miles on the vehicle since reporting that it had a problem, unless there is a recognised issue with this engine.

    • Hi Stuart
      ford are not saying there is a recognised problem but with 60 engines on back order i’d say there was a problem when this engine has only been in production for 16 months and is only fitted to 2% of the vehicles in question still no date as to when they may have an engine and im now starting to lose business because of this, is there nothing i can do at all

  417. Hi there Stuart,

    I bought a car (2 years old, 6,000 miles on the clock) about 2 weeks ago. A few days ago, it lost all of its oil over a short period of time (e.g. an hour). I took the car to a BMW dealership near where I live (because I bought it from a dealer that it 200+ miles away, and it was still under the 3 year manufacturers warranty). The BMW dealership has looked at it and diagnosed that the plug that holds the oil in has come out, they say that it could not be manufacturing fault (I think implying that someone may have removed it), whereas the dealer I bought it from are pushing for it to be seen as a manufacturing fault.

    The BMW dealership is telling me that the engine could be seriously damaged (therefore big cost). They and of course the dealer I bought it from is being awkward because they don’t want to pick up the bill for it.

    Do I have grounds here, to say to the dealer that I want to hand the car back for a full refund?

    Thanks you for any advice you could give,

    • To lose that much oil that quickly certainly sounds like the sump plug has come out – or there’s a very big hole somewhere. It’s almost certainly an error by the mechanic who changed the oil, and it happens from time to time.

      If you haven’t driven the car any significant distance since the oil came out, the engine is probably not damaged, although it’s possible that it could be. Most likely, a new plug and a refill of oil should see the car back to normal. If that’s the case, you won’t have grounds to reject the car (it’s a simple and easily-fixed issue that does not make the entire car faulty). If there are engine problems afterwards, that would suggest that damage has been done and you would have stronger grounds to reject the vehicle.

  418. Hi Stuart
    i bought a used Nissan Qashqai on the 7th December from a Vauxhall dealership. Two days later (9th) the Saturday morning the vehicle wouldn’t start due to a faulty starter motor.
    The car was unused all week until the Saturday 16th when i was able to return it with them while they investigated and replaced the faulty starter motor. The car was with the dealership until i collected it Saturday 23rd. During the following week we discovered the passenger rear electric window doesn’t operate correctly, the window goes down but when lifting back up the glass tilts over and jams up.
    Then on the Saturday 30th i noticed both rear tail lights were illuminated all the time, several hours after the car was locked up. This isn’t parking lights or coming/leaving home convenience function i had to disconnect the battery overnight so it wouldn’t discharge it. On the same day the engine management warning light came on.
    I contacted the dealers the next day saying i was bringing the car back and on the journey back the electronic stability program warning lights came on as well. I am very unhappy with the amount of faults i have experienced in such a small time frame of use.
    I feel the vehicle isn’t fit for purpose and of substandard quality, i have no trust in this car anymore. I am not prepared for an accept as repair and feel i have the right to reject this car in the 30 day right to reject part of the 2015 Consumer Rights Act. Initially the sales manager tried to fob me off by saying they needed a chance to fix the so-called teething problems but i refused to accept a 2nd repair as all these further problems arose.
    What are your thoughts? Kind regards, rick murphy

    • Hi Rick. The ESC warning light is quite possibly a direct result of the battery being disconnected – it can cause all sorts of gremlins on a modern car if the battery is cut off or goes flat. If the engine management light also came on after the battery was disconnected, that could also be the same thing.

      The combination of those two warning lights, and rear lights that will not switch off, is probably sufficient grounds to reject the vehicle under the Consumer Rights Act. That doesn’t mean that the dealer will accept your rejection, so you may have to fight them over it.

  419. Hi Stuart, I really appreciate your response.
    Do you suggest I still write to him even though he said he’s going to give me a refund?
    He said he has been to the bank today and they processed but I am past believing him and it feels like he is just buying time to go over the 30 day policy.
    So do you suggest I write to him as that means I have provided something in writing within the 30 day time limit which means he will have to refund me?

    Many Thanks again.

  420. Hi Stuart,
    I purchased a car: Vauxhall Corsa 2007, 64k miles on the 13th of December, I was buying my first car and therefore uneducated fully in what to look out for when buying a car, but I did the usual checks that I have found on the internet.
    I put a deposit down on the 13th of £200 however I did not test drive the car until the day of full purchase on the 17th of December, the car seemed really good in terms of body work and everything else hence why I put a deposit down and was happy to buy.
    On the morning of the purchase the seller handed me an MOT certificate which a few days after buying a car I realised was from last year not the latest one. Anyway everything seemed rushed and he was very keen to sell the car, I managed to take it for a test drive which was about 3-4 minutes and he was constantly talking to me so I was unable to hear things such as the engine.
    I agreed to purchase and bank transferred the money. I then drove off and heard a weird high pitched whirling noise from the bonnet, so as soon as I got home I rang the seller and asked him to repair it and other faults that I found like central locking didn’t work as well as the rear indicator, I also called that night demanding a full refund as I wasn’t happy and mentioned that I know my rights within trading standards to which he said that he doesn’t do refunds (nowhere does he say that on documentation) and that trading standards are on his side too.
    He was happy to pick it up the next day (Monday) to get all the faults fixed and told me they would be fixed the same day. This never happened and excuses began such as the garage is waiting for a part, he will get it to me next day and that continued till Saturday when he rang me and apologised for messing me about and that he’d be happy to refund me. He was supposed to refund me on the morning of 24th of December however he claims that the bank called him to say that money will not be in my account until 27th due to holidays, which I partly don’t believe because reading up on it bank transfers operate normally during holidays.
    So my question to you is what actions should I take if the money isn’t in my account on the 27th? How do I go about things and just general advice?

    Im looking forward to your response!

    Many Thanks,

    Sam.

    • I have text messages between myself and the dealer which presents that he has had the opportunity to fix it, and it also talks about the refund, I also have a invoice from the dealer which communicates the vehicle purchased, the cost and the seller information so in terms of evidence that is what I have.
      Surely there is no way the dealer can keep the car and the money?
      is it possible for me to lose the money? I paid £1895.

    • UPDATE: Its the 27th and no money has been refunded into my account and he isn’t picking up his phone.

    • Hi Sam. The Consumer Rights Act trumps his personal policy on refunds, so that’s irrelevant. If you are rejecting the car under the Consumer Rights Act, you need to do so in writing and specifically spell it out that you are rejecting the car under the Consumer Rights Act 2015 because [reason].

      If he has agreed to refund your money, then great. You will probably need to keep hassling him until the funds land in your account, which basically means becoming the most annoying and persistent person in the world (although always polite) until you get your money back.

  421. Hi Stuart, we need some advice please. We bought a second hand car from a dealership last weekend. After 2 days we noticed the coolant light coming on, we kept topping it up, took it to a garage, they inspected it. They found the head gasket has blown (block test fluid went green) and there’s a hole somewhere along the exhaust system as you can hear it blowing. We contacted the dealer and are now awaiting him to arrange for it to be collected for inspection by his own mechanics. However, we’ve told him in writing that we want to reject the car under the Consumer Rights Act 30 day period, but he’s insisting that when we first talked to him on the phone about it we agreed to letting him repair it instead. Which we did not. Yet he’s still insisting that’s what we agreed. Where do we stand with this? Can he force us to accept a repair based on his opinion that we verbally agreed to a repair? Surely not. We agreed to him collecting and inspecting it, that’s all. We know that within the 30 day right to reject you don’t have to accept a repair, but what if he’s insisting (lying) that we verbally accepted a repair? Or is that irrelevant when we’ve told him we want to reject in writing? Any help would be greatly appreciated, thanks.

    • Hi Al. It doesn’t really matter what may have been said over the phone; the Consumer Rights Act allows you to reject the car within the first 30 days if the car has a significant fault, and you don’t have to accept a repair.

      You will need to formally reject the car (ie – in writing) under the Consumer Rights Act. He may try to fight you over it, but the first step is to formally reject the car and then stick to your guns.

  422. Hi Stuart
    I bought a 4yr old 16k mileage vehicle 10 weeks ago, had it into the local garage last week and they noticed brake pipes squashed together and flat against underside of vehicle which is dented, strut top needed replacing and the vehicle has extensive bodywork damage.
    Traders advert received it as “excellent condition-as new”.
    They’ve offered to exchange vehicle but for an extra £2k.
    They initially advised me to take it back to them (an hour’s drive) but it wasn’t fit to be on the road so I got it fixed here instead.
    Surely bodywork damage as extensive would have been noted by anyone doing service/MOT (both of which were done on the day before I bought it)?
    What can I do now as I have no faith that the car will withstand any potential future bump and I believe I was mislead.
    Thanks.

    • Hi Katie. A dealer is not obliged to declare damage or repairs unless the car has been written off and repaired (formerly known as Category C or D write-offs, now Category S or N). However, if the car was so damaged as to be unroadworthy, then the dealer should have had any damage repaired before selling it.

      You say that the car had “extensive bodywork damage”. This is surely something you should have noticed before taking possession of the vehicle. The problem you now have is that the dealer can turn around and say that you must have caused the damage some time in the last ten weeks, and use this as an excuse not to repair the vehicle.

  423. Hi Stuart,
    Great article, I have a BMW on PCP that was purchased in March 2016, within 6 months I had the rear lights replaced due to water ingress, between then and now it has been back a further 4 times for water ingress in the rear lights, once for a replacement head-unit, and now it needs a new rear differential as the seals on the output shaft intersections have perished.
    Clearly the car is over a year old now so where do I stand on rejecting?

    • Hi Tom. You’ll probably struggle to be able to reject it under the Consumer Right Act now that you have had it for nearly two years. In short, the law is on your side for the first six months and then on the seller’s side after that, so it is likely to be difficult.

      If it’s a new car or still under its new car warranty, you should be complaining to BMW head office and trying to pursue a replacement vehicle or compensation of some sort through them. If it is out of warranty, you’re probably on your own.

  424. hello stuart. today i bought a Ford Mondeo 2013 2.0TCDi auto with 30k miles. I drove it home about 50 miles and when 10 miles from home on the motorway the transmission malfunction warning light appeared. it seemed i was stuck in gear and when reaching my exit coming to a halt at the roundabout the gearbox had trouble downshifting. then up in pulling away it seemed to get stuck going from 1st to 2nd making the car behind car almost hit me getting a toot and the hand shuffle. I managed to get the car home as only 2 miles from the junction with the car every time needing 3000 revs to go into 2nd then no drive for a bit while the rev counter going between 1000 and 3000 a few times seemingly not in drive before begrudgingly settling in second. once home i called the dealer saying i want to reject the car but the dealer only offered to take the car back for their mechanic to take a look at it. I did go out again to drive the car around the block and the warning light has gone so might be an intermittent problem. what I don’t want is the intermittent problem to reappear after my 30 days have passed so I’m not interested in their mechanic looking at it so can I indeed reject this car as faulty and also dangerous?

    • Hi Paul. I would have thought that transmission failure would be grounds to reject the vehicle, although if it’s intermittent then it may be a bit of a challenge to prove that it’s a genuine problem.

      You need to formally inform the dealer (ie – in writing) that you are rejecting the car under the Consumer Rights Act 2015. If you simply tell them verbally that you “want to reject the car”, they will simply find ways to wriggle out and you have no written proof of your rejection.

  425. Hi, thanks for the advice. The dvla have told me to send the green part of V5 together with V62 and a letter explaining what’s happened and they will issue a new V5 and refund the tax ASAP. However, we are still awaiting the refund from the garage for the car. they have said I need to contact dvla for tax refund but are now asking for the v5. They can’t have it both ways I suppose.

  426. Hello Stuart, I bought a car new and have a problem with squeaks, rustles a faulty infotainment system, rattling doors because the car cannot take the factory upgraded speaker and a crushed wire – all manufacturing faults. The dealer & manufacturer have agreed to buy the car back, however they say that because the mileage I’ve done over the past 10 weeks is above average then I will have to take a small hit on the car. also I had to pay to have the car delivered to me from Scotland to Norfolk, so I will lost that money PLUS I will have to pay to send the car back to them – is this all correct? also I paid nearly £1,000 for a paint treatment after buying the car and they told me that was my choice and that loss is not their responsibility. Of course, all of these problems and the consequences come down to the fact that VW build a bad car but I have to share the financial pain with them? can I proceed with the deal, get most of my money back and then pursue this further? Please let me have your thoughts on this. Alan

    • Hi Alan. If you are rejecting a car under the Consumer Rights Act after the first 30 days, the dealer is entitled to make a deduction based on your usage and any wear and tear. There is nothing in the Act to advise how much this should be, so it’s all a matter of negotiation between you and the dealership. They are not obliged to refund any delivery costs or costs you have incurred after buying the car, but you are welcome to negotiate whatever you can get from them.

    • Thanks Stuart, do you think I would have a case to take them to the small claims court bearing in mind what you’ve said about them not being obliged to refund me for any costs, i.e. a replacement car will now be 3-6 months to build & that means expense for me in hiring a car during this time. It’s so frustrating that I sold a car in order to take delivery of the new one (and as you do lost a lot of money in doing so), the manufacturer/dealer can’t/won’t fix the problems – which is wholly their choice – and in a few days I will be without a car. they see this as returning me to the position I was in before I took delivery of this car but far from it.

    • The dealer cannot be liable for any expenses you have made in order to purchase their car or anything you have spent afterwards, as that is outside the scope of their responsibilities. All they can be expected to cover is the cost of the car itself.

      Given that it was a new car, I’m surprised that they are not offering a loan car to cover you until another one arrives as an incentive to get you to order another car. Obviously, if you are rejecting the car under the Consumer Rights Act, you are not obliged to order another vehicle and can spend your refund on any car you like elsewhere.

  427. Hi There

    I purchased a 2014 SEAT Leon Sports Tourer from a dealer in Middlesborough. This is a main dealer.

    I was given a 3-month warranty on this vehicle.

    I have had multiple issues with this vehicle, faulty tail-lights, bodywork repairs due to car being damaged before collection. However, 1 problem is causing more issues than the rest.

    The car has LED headlights and the Self Levelling system has failed, meaning it just points immediately at the floor so I can barely see a thing at night. The dealership has quoted this repair at £1,700 but is refusing to repair it due to the cost. I’ve had the car for 8 weeks, I reported it after 6 weeks (this is the third fault to have developed).

    They want to buy the car back but are telling me it has de-valued £1,000 in 8 weeks. Where do I stand? I can’t afford to lose £1,000 due to a faulty car. I also can’t afford to pay £1,700 to get this fixed myself. Can I make them fix it legally? This is technically making the car unsafe to drive at night, which is one of the reasons I bought it!

    • Hi Charlie. If you reject the car under the Consumer Rights Act, the dealer is entitled to make a deduction for wear and tear arising from your usage. There is nothing in law about how much they can charge for this, so it’s all a matter of negotiation between you and the dealership.

  428. Hi, I would be grateful of some advice. My 17 year old son bought his first car on 30th November 2017. 4 days later the engine management light kept coming on. We got in touch with the used car dealer where we purchased the car from and after numerous conversations they agreed to take the car back and issue a full refund. They informed us that the V5 had not been sent off. They collected the car on Friday 8th December and we therefore cancelled the insurance. We are still waiting a refund (apparently it’s in hand!) I phoned the dvla and have taken advice re: claiming the tax back. I have now received a message from the garage asking for the V5c document back. But if I send that to the garage how do I get the tax back from the DVLA. Can anyone advise me where I stand and what is the best thing to do?

    • Hi Ray. The dealer may be trying to cancel the registration so that it does not enter the DVLA system and therefore would still be considered a new car. That’s not your problem if you are rejecting the car under the Consumer Rights Act.

      If you send the V5C back to the DVLA and inform them that you have sold the car back to the dealership, you should receive a refund of 11 months of road tax. However, if the dealer is refunding you the cost of the full year’s road tax as part of the overall refund then you are better off giving them the V5C back.

  429. Hello Stuart,

    Thanks for taking the time to reply.

    As far as I understand it (according to Citizens Advice) that as this is the second repair, I’m entitled to reject the car.
    The first issue was resolved within the 30 days, the second fault was outside the 30 days but I’m not prepared to accept it.

    Is this information correct?

    Thanks again,

    • Based on what has been happening in cases concerning the Consumer Rights Act that have actually gone to court, that is not how the courts have been interpreting the law – and bear in mind that traders will usually employ specialist legal firms who deal with this every day.

      Any work that is undertaken before you reject the car does not count towards the “once chance to repair” (even if it is the same problem) as it is not part of the provision of the Act. The Act requires that you formally indicate your intention to reject the vehicle, and then the trader has the right to attempt to fix the problem. The trader may agree that the problem can’t be fixed if they have already had a go prior to you wanting to reject the car, but it is more likely that they will want to use their legal right to have another go.

      Citizens Advice advice, like our advice or anyone else’s, is not formal legal advice and is only based on the information that you have provided. If you want the best indication of whether you have a realistic chance of rejecting the car, you will need to consult a solicitor. They will go through every aspect of your situation, analyse all the correspondence between you and the trader, and explore the records and invoices of what work has been done. They will also examine the case from the trader’s point of view, rather than just accepting your side of the story. Then they will be able to provide you with a very good recommendation of whether it is worth proceeding.

  430. Hello Stuart,
    I hope you can shed some light on this for me :)

    Bought a car in October and the day after I got it, a huge oil leak was seen. I reported this but took the dealer almost 2 weeks to fix. We had to minimise the use as it was dripping onto other components – the dealers mechanic said we could use it but with oil going everywhere, I can’t see that’s healthy! However they did fix it and it’s not returned.

    Fast forward to this week and Monday the clutch release valve (or what I think is that) had gone. Contacted the garage Monday and they said it will be picked up and back, fixed on Friday. After several calls and chases, the car is still on my drive. Broken as I type this.

    I gave them the chance to repair it but now I just want my money back as this is the second fault on the car and I’ve lost all faith in the dealer and the car.
    I’ve written to them rejecting the car – have I got grounds? What is my next step?
    The car was £4200 – 08 plate

    Many thanks in advance.

    • You are past your first 30 days, so once you formally inform the dealer that you wish to reject the car, they are entitled to one attempt to fix the problem. If they are able to do this, and it sounds like it could be quite simple, then you lose the right to reject the car.

      The fact that they are being slow to sort the problem and poor with communication doesn’t alter your or their rights.

  431. Hi Stuart
    I went to a showroom to look at a car (Peugeot 3008) last weekend. On leaving the show room I decided I would like the car and placed £500 holding deposit down over the phone via debit card. The dealer has since contacted me to tell me the car should be ready this weekend if they get the flywheel fixed/replaced in time. This fault I was unaware of when I placed the deposit on the car, can I refuse to go ahead with the purchase and claim my deposit back? The car has completed only 47k miles on a 2011 plate.
    Kind regards
    Bob

    • Hi Bob. Assuming the flywheel is replaced satisfactorily, there is no reason the car won’t be perfectly serviceable and there is no reason to cancel the order. Presumably, you didn’t test drive the vehicle or you would have been aware of this then.

      The dealer is not obliged to declare any repairs (unless you specifically ask, in which case they are obviously not allowed to lie to you). Had the dealer replaced the flywheel before you first walked in, you would be none the wiser.

      You can certainly cancel your order and ask the dealer to refund your deposit, but if they refuse to do so then you don’t have strong grounds for demanding it back.

  432. Hi Stuart,
    Hopefully you can offer me some advice.
    I bought a brand new Ford Edge in August. I was told I had to sign the finance agreement 2 days before collection. Upon collection there was a very obvious defect on the wing.To cut a long story short, the dealer had it in their body shop 5 times, I am not happy with the colour match, but the dealer now says that it is the best they can do and is within acceptable tolerance and they cannot help me further.
    So my question is, what is acceptable? bear in mind the car was faulty from day 1, it isn’t like I have damaged the car and needed it repairing. I just want it in showroom condition. (Not too much to ask for a new car)
    Is there an independent expert process for verifying colour match?
    Thanks in advance
    Derek

    • Hi Derek. Dealers can (and do) carry out minor paint repairs on brand new cars all the time – there are more than 2.5 million new cars registered in the UK each year, so if 1% of those suffer some sort of damage prior to delivery then that’s 25,000 cars a year or nearly 70 a day! If it’s only minor cosmetic damage, they don’t even have to declare it to the customer.

      Your best chance for rectifying the problem will lie with Ford UK head office, rather than trying to reject the car under the Consumer Rights Act. The car is not faulty (it still works perfectly well in every way), so a judge is unlikely to find in your favour if it went as far as a courtroom. Your best line is probably that you do not accept that Ford and its dealership have provided a car that meets acceptable standards and you want it properly sorted out or replaced.

      Matching paint is a nightmare and there is every chance that it will never be perfect no matter how many attempts the body shop makes. They are presumably likely to offer you some form of compensation for your inconvenience and annoyance.

  433. Hi Stuart,
    I bought a new electric car from a dealership on PCP in February. 4.5 months later the 12v battery died after I had a 2 week work trip, and the car was not in use. A dealership took a week to fix it, stating there was an unusual fast drain on it. (Without the 12v battery the actual electric car main battery will not work).
    After my next 2 week work trip the same thing happened. As the dealership were evidently unable to fix the initial fault which occurred within 6 months of purchase from new, I rejected the vehicle, and informed the dealership and the finance company. I allowed the car to be taken to a dealer so they could diagnose the problem. They fixed the problem (apparently, though it’ll take 2 weeks of not using it to discover if that’s the case), but only *after* I’d rejected the car. I made them a counter offer – that I would accept the vehicle in return for 2 years’ free battery hire, but that I would reserve the right to reject, as it would not be possible to determine if their latest attempt at fixing it until the car was left standing for 2 weeks, again (something that will happen next month).
    The dealership made a counter offer of £200 in vouchers that I could spend with them, which I declined.
    The finance company are now saying that they will not support my rejection of the vehicle, as they believe it to now be without any faults (though, of course, this is (a) not yet certain and (b) the repair happened after I rejected the car for being unfit for purpose). I suggested to the finance company that they encourage the dealership to make an improved offer of compensation, or my rejection stands, and that the next stage would be the Ombudsman.
    I also informed my credit card company, as the deposit was paid by Visa, so I may have some recourse, there.
    Am I fighting a legally sound argument, here?
    Thanks,
    Lee.

    • Hi Lee. The time frame you have indicated is not clear. You are required to reject the vehicle within six months of purchase (not including any time that the seller has had the car in their possession for repairs), regardless of when the fault first occurred. So, for example, you can’t have a fault within the first six months but only reject the vehicle after a year.

      After the first 30 days (but within the first six months), the seller is entitled to a single opportunity to fix the vehicle after you formally declare your intention to reject it. Any work done on the car prior to this cannot be counted towards this, only work done after you have formally notified the dealer that you wish to reject the car. If they can fix the car, you lose your right to reject it.

  434. Hi Stuart. I don’t know whether you are able to help me with this. I bought a 2015 VW Polo from an Evans Halshaw (EH) Garage in S Wales on 13/09/17. I had an AA inspection but the mechanic only drove the car for 1 mile (should be 5miles) and therefore didn’t spot a problem with the steering. He noticed that the aircon was faulty though. EH agreed to get the aircon fixed. They also said they would sort the steering (car pulling to left) which I reported 2 weeks after the purchase.
    The car has been in the garage now four times in total and nothing has been sorted. In fact the car came away with. dent during it’s 3rd trip to the garage!
    EH have TRIED to fix the issues and have spent considerable money replacing ball joints and arms and tracked the car twice. The air con apparently needs a condenser so waiting for that now. However, in the meantime, the manager has stated that as regards the steering there is nothing more that can be done. He even argued that the car is just following the natural campus of the road. I got a mechanical engineer friend to drive the car for 20 miles who came to the conclusion that the car is drifting to the left and was wondering whether this car, which is NOT known to drift, had an accident damage. I looked into this myself and found slight misalignment of the panels on the boot and left door and the inside of the left pumper was out of line. It seemed a bit too much of a coincidence that the car is steering to the left!
    I am now writing to EH to request a refund because they have said that they won’t do anything anymore in regards to the steering because in their view it’s not an issue. What should I do? Should I get an independent inspection done? Even though the car is driving well I do not want to keep it if it is found that it has indeed accident damage. Many thanks fin advance for your thoughts. Pat

    • Hi Pat. A dealership is not obliged to disclose accident damage unless the car has been declared a write-off by an insurance company and subsequently repaired (used to be known as Category C or D write-offs, now changed to Categories S & N). Damage below this level does not need to be declared, although obviously they can’t lie if you directly ask the question “Has this car been involved in an accident?”. Of course, you’d need to have both the question and answer in writing to prove anything…

      If you formally reject the car now, the dealership will be entitled to one more chance to fix the problem. Or, as seems more likely, they will reject your rejection and claim that there’s nothing wrong with the car. Having an independent third-party report on the problem would be helpful, but it’s still no guarantee that the seller will agree to your rejection.

  435. Hi Stuart.

    I purchased a 64-reg Nissan Qashqai with 13k miles on the 22nd of November from available car. Test drive was fine although only having around 5 minutes. When driving home I noticed an issue with the turbo hitting a flat spot at around 2k rpm. As soon as I returned home I informed available car of this and they told me it was probably because it has been sat around for a few weeks. As much as I didn’t want to believe this I agreed to accept that as an excuse. Coming home from work the next day to find the car still with the same issue amongst other that have come to light including noisy suspension bush and faulty stereo unit that they have been made aware of. They are willing to repair the car but I wish to reject it before repairs are made. Where do I stand with doing so and should inform my finance company of this?

    • Hi Adam. Firstly, if the car was purchased on a secured finance agreement (eg – a PCP or HP) then yes, you have to notify the finance company as it’s effectively their car, not yours.

      As to whether you have grounds to reject the vehicle, it’s difficult to say. The stereo and noisy suspension bush are unlikely to be valid reasons, so it will come down to whether the dealer and finance company accept that this “flat spot” is a significant fault.

  436. Hi Stuart,

    Six days ago I purchased an approved used MINI for c£14k. The car is just over two years old and has done 4,000 miles.

    On the first day of ownership I noticed the car was pulling to the right. If you slowly pull away and loosely hold the wheel you can see it physically turn to the right.

    I returned the car and the garage said the wheels needed aligning. They carried this out and returned it to me claiming the problem was fixed. As soon as I drove the car the problem was clearly still there.

    I returned it the following day and having checked the alignment again, rotated the wheels, checked the brakes aren’t binding, and inspecting the suspension / steering the dealership do not know what the problem is. They claim never to have seen a problem like this before and have had to refer it to MINI HQ. The car is booked in again for three days next week, but I have lost faith in the car and I am seriously considering rejecting it. Would you say I have grounds to do so?

    Look forward to hearing your views.

    Craig.

  437. Hi Stuart,

    I bought a new can on 3rd of June and the clutch failed on the 2nd of November. After 2 days the dealership is saying I am liable for a £2000 bill after they repaired the car without my consent, I am moving to reject the car as I believe they have to bear the costs for repair under the act, as otherwise it is not “of satisfactory quality, fit for purpose and free from any defect”.

    I look forward to hearing from you.
    Kind Regards
    Daniel

    • Hi Daniel. A clutch is a wear and tear item, so it’s never an open-and-shut case on whether it’s an acceptable basis to reject a car. Obviously a clutch on a new car should last more than five months, but you will need to show that there was a clear design/manufacturing/installation fault rather than any damage that you have caused. If it’s a new car, normally something like this would be resolved under warranty, so if the dealer is expecting you to pay for the repair then it implies that it is not covered by warranty – and is therefore not a fault with the vehicle.

      You can’t reject the car because the dealer repaired it without your consent, but you can certainly argue with them as to whether you should be expected to pay for work they went and did without your agreement.

  438. Hi Stuart we acquired a brand new Land Rover Evoque on the 31st March via a lease agreement, which was delivered with a number of issues (we do have photographs) such as black marks on the interior, muck throughout, an issues with the navigation screen, dents and scratches in the leather and rear of the front seats, which we also had confirmed by a local dealership. After much to-ing and fro-ing the car was collected by the original dealership early May and we were issued a courtesy vehicle. We lodged a complaint with the finance company within the 30 days which was upheld but we also agreed to give the dealership the opportunity to rectify. After almost 3 months the car was returned and some of the issues were still there. We then developed a mechanical fault and due to the poor service and hassle we were experiencing with the original dealer we took it to the local dealership. They rectified the mechanical issues but noticed that some of the original faults were still existing. Although they offered to help we then complained to the chief executives office mid-October. After 4 weeks this got no where so we asked the finance company to see if we could reject the vehicle as we felt we had given the dealership ample opportunity to rectify. There has been terrible communication throughout, having to be chased by ourselves constantly and for this whole time we have obviously continued to pay for the vehicle. Should we agree to let the dealership try and rectify the issues again what should we be expecting in terms of compensation? This has been a nightmare and nothing but hassle for 7 months with phonecalls, emails etc all having to be managed around work time and which is just stressful. However we don’t know what we should be expecting but feel we have been paying for a brand new Land Rover which we are yet to get the experience of. We have avoided legal advice but are concerned that this has been drawn out to limit our consumer rights?

    • Any time where you didn’t have the car isn’t counted towards your ownership duration for the purposes of the Consumer Rights Act. So if you took delivery of the car eight months ago but it spent five months back at the dealership, you have only had it for three months for the purposes of rejecting the car.

      Once you formally reject the car, the seller will have one chance to fix the problem. Work done prior to your rejection will not count. If the dealer is not responsive, contact Land Rover head office – this may help get things moving. Alternatively, get a lawyer to help as being served a legal notice tends to get their attention.

  439. Hi Stuart
    I bought a 2010 MINI cooper s 48.000 miles on 27 Oct. After a few days the oil pressure light came on and it started making some grinding and sucking noises and backfiring. Dealer took it back and got a MINI specialist garage to take a look (it was sold on basis of oil level checked and the engine had burned this and my top up within a week/150 miles). Problem suggested was replacement rocker cover – costing dealer £460. Returned to me and again after a few days same issue – oil level depleted. warning light on and grinding noises. Back to dealer again etc. this time they say they have now changed oil and a dodgy filter, and are road testing before I get it back. I am concerned that more serious damage has been done to the engine – rings etc – I’m no expert but I do know that excessive oil consumption – it’s likely damage has already been done. Also seeing the V5 it appears the previous owner had it for only 2 months … and there have been 5 previous owners Hmmm.

    Dealer has been helpful with feedback and provided courtesy cars. On the 25 Nov I emailed them and asked for options they can offer me eg replacing with alternative of same value, and told them I am unconfident about having the car back. Do you think I have a case for rejection and refund under the 30 day rule? I am due to speak to them again tomorrow, and hear results of road test and hear their offer (or not). Things are amicable so far but I have made my point about future confidence in the vehicle on several occasions now.

    • Hi Jill. If the car comes back to you and is fixed, you won’t have a case to reject it. The Consumer Rights Act gives you the right to reject instead of accepting a repair in the first 30 days, but you can’t have the car repaired and then reject it anyway. If you can negotiate a replacement vehicle or refund with the dealer then great, but the Consumer Rights Act is unlikely to help you if the car has been adequately fixed.

      The ownership history is something that you should have raised prior to purchase, rather than a month afterwards, if you had concerns about the number of owners.

  440. Hi Stuart.

    Excellent article and just as excellent replies to problems.
    I acquired an Audi 10 reg 3weeks ago from a dealer. Drives really well. However on the way back from the dealer the engine management light came on and I noticed the heater didn’t work so I couldn’t demist my car amidst a few other issues(turns out water pump has gone, heater unit completely broke). All cars came with warrenty for 3 month which is advertised on his website. I later found from the warrenty company he has not registered the car with them. After getting a quote from a local garage the dealer asked for the car back as he could repair it cheaper. (Completely understandable). I was told it would take a week but trying to get updates is hard. It has been nearly 2 weeks now and he has had the car longer than I have.

    I am fed up with chasing after it and I am left at the moment without a car and 6k out of pocket. I want to know as he has the car if I can just turn round and reject it as I have heard nothing from him as to when it will be ready.

    I love the car and actually want it but if he is going to play silly beggars then I don’t want that.

    How would you advise approaching this and if he has actually repaired the car am I still in my rights to reject?

    Any help would be great.y appreciated before I look for legal advise.

    Thanks

    Ben

    • Hi Ben. To reject the car, it must be faulty. If he has already fixed it, it is not faulty and therefore you do not have any grounds to reject it.

      You can certainly try to formally reject the car, and if it has not been fixed then you probably have a reasonable case. What is more likely is that the car will suddenly be fixed very, very quickly…

  441. Hi Stuart, thanks for the article, very informative. I’d appreciate your thoughts on my situation. I purchased a Renault on 8th November from a main dealer in South Wales some 2.5 hours from home. When cleaning it on the 19th November I noticed bubbling paint and rust in 3 small areas on the tailgate.
    I emailed Renault UK head office to report the issue and after much confusion contacted the dealer on 23rd November to discuss. They have asked me to take the car to my local Renault dealer to allow them to assess the problem and submit a warranty application to Renault UK. I have done this and my local dealer commented that all the paint is original and there is a problem. However, claims can take 4-5 weeks to process and are often not successful.
    So my question is, do I have grounds to reject the car and should I do this whilst still in the initial 30 day period? I am concerned that as time passes my position gets weaker and if the warranty application is unsuccessful I could be in with a large bill to rectify the rust/paint. The car is 3 years old with 33k miles. In my mind rusting on a car of this age is not of satisfactory quality and will develop further as time progresses. Thanks

    • Hi David. Your first port of call is always to go back to the selling dealer. Contacting head office is usually a last resort if you can’t resolve the problem with the dealer.

      I doubt that small amounts of rust on a non-structural part of a used car would be valid reasons to reject the car under the Consumer Rights Act. You are probably better off chasing the issue through the car’s body/corrosion warranty, which on most cars is about six years, to get it fixed.

  442. Hi Stuart,

    Thanks for your response. It is just so frustrating when you are paying so much for a vehicle and it is not what you expected. Unfortunately, the length of time is no fault of ours as we thought it was repaired- if we knew it wasn’t we would have dealt with it back in April. It is going in next week and we are going to be stern with BMW about looking into it. We are also going to go speak to the sales team and see if they will contemplate us trading it for something else. I doubt it but fingers crossed.

  443. Hi Stuart. I bought a car for 6.5k in full. I bought it from a Kia dealership so assumed everything would be above board. I did a check when I went home as I realised I had one left so thought I may as well use it. The experian check said finance had been recorded. If there is still finance on the car, can I get a full refund? I’m so worried!! I didn’t think I’d have to worry about this stuff if I went to a legit dealership. Thank you

    • Hi Karen. The most likely answer is that the finance is the dealer’s own finance rather than the previous owner’s. Dealers generally do not own their cars outright (they carry dozens or even hundreds of cars at any one time), so they are all under finance from a specialist finance company. It can take time for the finance company to notify Experian et al that the finance has been settled, which is probably why the vehicle is still showing finance recorded against it. So it’s probably nothing to worry about.
      You should definitely contact the dealership and get it confirmed, then hassle them to sort it out. Of course, if the finance is related to the previous owner, you want to be getting your money back ASAP. But that is very unlikely.

    • Thanks so much for your speedy reply Stuart. This was very helpful, you were spot on. I rang them and they said they that it was their finance but it would take a couple of days to clear on the online systems. Pheeeww!

  444. Hi Stuart,

    I took delivery of a lease car, Alfa Romeo Giulia, in late May 2017. I noticed water in the passenger front footwell in late October. I took it to the dealership, pretty much the following week, after we noticed water visibly leaking down into the footwell from where appeared to be behind the glovebox.

    I had a call from the dealership the same day, they said they could see evidence of the leak, but could not ‘recreate’ it. I had a call the second day, they had spoken to Alfa in Italy, and had received some advice about what the leak was (or could be, I guess). On the third day, I received a call saying that the leak had been fixed, that the car was drying out, and the problem was resolved.

    After having the car back for a couple of days, it was evident that it was still leaking, from the same place. Immediately being concerned about the nature of the fault, and how fixable it was, I received advice from consumer rights that I had grounds to reject the vehicle. I have corresponded with the finance company, who sent me back to the dealership to validate that the car was still leaking.

    The dealership said they have seen evidence of a leak, but are insisting that the initial fix has worked, and therefore the cause of the leak is now unknown, or different to the first time. The lease company have relayed this information back to me. Visually we have seen water coming from the exact same place. The car is getting less safe to drive, as condensation is appearing on the inside of the windscreen.

    What do you advise on the way forward, I have rejected the car, but do I get stuck in this kind of loop where responsibility is not accepted? I am concerned about being carless for a long time while it gets resolved.

    Thanks for any advice

    • Hi Richard. Ultimately, if you have formally rejected the vehicle but the dealer refuses to accept your rejection, you are forced to take action. That may be in the form of dispute resolution via the Motor Ombudsman (if the dealer is signed up to the MO, as it’s not compulsory), or you call a lawyer.

  445. Many thanks for your response.

    Yes the car turned 3 years old in September, which is when I bought it.

    My main concern is if they fix the diff, and it goes again as I’m told is common when fixed, where would I stand as it would be outside the 3 month warranty?

    Thanks again.

    • Depends on whether they offer any warranty on the repair work. Or you go out and buy your own used car warranty from one of the aftermarket providers on the interweb.

      A three-month warranty means that you’re covered for three months. After that, you’re on your own.

  446. HI.

    8 weeks ago I purchased a Mercedes A45 AMG, and on day 1 noticed a knocking noise coming from the rear.

    I contacted the garage and informed them. They told me this was normal and is actually “tyre skipping” and offered to replace all 4 tyres. I refused this as they would only pay for budget tyres, there were performance tyres on there originally. Anyway, I did some research and found that this probably wasn’t the tyre skipping issue and more like the rear diff. I told the garage this and they did not believe it, so I paid Mercedes £141 for a diagnostic, and yes, the diff has failed.

    The garage won’t pay dealer prices to have this replaced, but instead want the car back to assess the problem themselves. They do not trust Mercedes. Now my concern is they mentioned fixing the diff. I want the diff replaced, not fixed as I’m aware that diffs that are fixed are not going to last as long as a replacement.

    Can I insist on the diff being replaced, or do I have to accept a repair.

    What happens if this fails in a few months again when my warranty is up?

    Many thanks

    • Hi Philip-Lee. By the sound of it, you bought the car used and not from a Mercedes-Benz dealer. And I assume the car is no longer under its three-year new car warranty, otherwise any Mercedes-Benz dealer (regardless of where you bought it) could throw a new diff in it if it was broken and covered under warranty.

      On a used car, you generally don’t have the right to expect a new-for-old replacement on any parts, unless your warranty guarantees it (check your warranty booklet). A dealer is also not obliged to throw away a fixable part just because you want a new one.

  447. Hi Stuart,

    Thank you so much for the reply, I really appreciate your advise. When I spoke to the citizens advise they said was BMW made aware of this within 6 months of owning the vehicle(which they were). They would have this on record. The problems obviously was slightly delayed as it happens mainly when the weather is cold. This is no fault of our own. Citizens Advice said as long as BMW were made aware within 6 months the burden of proof lay on them? They were made aware on the day of pick up as well as soon after. Is this correct? The vehicle went in for repair in April regarding this issue which is within the 6 months.

    The screen is the screen on the dashboard. I know you mention that it is not a fundamental part of the safety of the vehicle but it was a key feature as to why we bought the vehicle. The car is used to travel to and from work and needs to be used to make business calls. If the system fails we cannot even use the hands free. Citizens advice advised this would be grounds to reject as the vehicle is not of satisfactory standards. We are paying an awful lot of money for a vehicle that is faulty and has been since they day we got it. We were unaware that one could reject a vehicle and the reason why it has taken a year is we have just been through summer so the system looked as if it had been repaired by BMW. Now it has started to get cold we have realised it certainly has not been repaired.

    We actually bought it from a main dealer and it has taken this long to get a courtesy car unfortunately. Apparently they are unbelievably busy. It is so bad they actually had to use taxi;s to collect my boyfriend from work and drop him off at home once. The lady at BMW servicing even said is there no way you can come back and speak to the dealership about getting rid of the vehicle cause this car sounds like its jinxed. ;)

    Any further advice would be greatly appreciated.

    Kind Regards,

    • Bear in mind that Citizens Advice has no legal standing – and for that matter, neither does anything I tell you, nor anyone else other than the judge ruling on your case. From my understanding, it’s not enough that you notified the dealer of the issue in the first six months of ownership, but you must have rejected the vehicle in writing within six months.
      The six-month period does not include any time they have had the car (so for example, if they had it for a month then you effectively have seven months to reject the car). Under the Consumer Rights Act, the rejection process only starts when you formally notify the dealer that you wish to reject the car, which I understand you have not yet done so you are well beyond your favourable six-month window. The dealer then has one chance after that to fix the car – anything they have done before doesn’t count.
      As I said previously, you really need to get professional legal assistance if you want to try and reject the car now. They will be able to run through your case point by point and work out the best strategy to try and achieve the best possible result. As much as you think it’s a simple case with a clear burden of responsibility, it almost never works out to be that simple.

  448. Hi Stuart,

    I was wondering if you could advise on our current situation. My boyfriend purchased a BMW 420d back on the 27th November 2016. The day my boyfriend picked the vehicle upon inspection him and his mother noticed the computer system was not working on the vehicle. He addressed it with the sales rep who could not get it on. The screen was completely blank not allowing any of the features to work. The sales representative then made them both wait in the showroom whilst he got an engineer to look at it. He managed to get it working and said we should have no further problems.

    Shortly after having the vehicle we noticed whenever it was cold the system was constantly failing. It would not come on at all and we couldn’t use any of the features. He spoke to BMW a number of times regarding this and they had no idea of the fault. It took us until April 2017 when we were able to get a courtesy vehicle from BMW so the car could go in for repairs. BMW had to contact their head office as they had never heard of this fault before. Apparently, HO told them how to repair it and they informed us it was resolved. The vehicle went in for servicing and my boyfriend mentioned another fault he found and they could not repair it at the time. We have had to wait another 2 months for a courtesy car so this can be fixed.

    Since then, with the weather getting cold the computer system has started failing AGAIN! I am extremely frustrated as we have spent so much time contacting BMW regarding this and given them an opportunity to repair it and we are still having problems. In one week I could not use the system on 4 separate days! I was fuming we are paying a lot of money for this vehicle and it is constantly causing us problems and stress. I rang citizen advice and they mentioned that it was a breach of the consumer rights act and we could use our final right to reject the vehicle. I am happy to fight this as I have completely lost faith in the car and BMW. Do you think we have a valid case? I am drafting a letter to BMW as I a writing this to get the ball rolling. Any advice would be greatly appreciated. I do not understand the legal implications and the extra costs involved so any advice would be greatly appreciated.

    Many Thanks.

    • Hi Kirsty. You have had the car for more than six months, so the final right to reject the vehicle under the Consumer Rights Act is more difficult now than it would have been within the first six months. It’s not impossible, but in a nutshell, the law favours you in the first six months and the dealer after that. If you want to pursue rejecting the vehicle, I would strongly recommend seeking professional legal advice and assistance as you are far more likely to succeed with expert legal help than on your own.

      When you describe the car’s “computer system”, are you referring to the screen on top of the dashboard that displays navigation/radio information and other details? Or the small screen in front of the driver between the speedometer and rev counter? The stereo/nav screen is less important as it doesn’t display any critical information or warnings, whereas the screen in front of the driver does. Rejecting a car because the stereo and satnav are not working is a difficult task, as they are not primary functions of the car doing its job (ie – getting you safely from A to B).

      Did you buy the car second-hand from an independent (or non-BMW) garage, or new/used from a BMW dealership? If you bought the car from BMW, I’m surprised that it would take the dealer weeks or months to rustle up a courtesy car. On the other hand, if you bought it elsewhere it’s not at all surprising.

      If the car is still under its new car warranty, you should keep chasing the BMW dealer and head office for a proper fix to the problem. If it’s out of warranty, then you’re probably out of luck. Rejecting the car is likely to be difficult after a year of ownership, even with documented history of the problem, as you have continued to drive the car for the whole year. Rejecting a car generally requires you to stop driving it because the car itself is faulty and therefore unsafe/unroadworthy.

  449. Hi Stuart,
    I bought a 65-plate Mercedes SLK on Sat 4th Nov. My dream car, I bought it outright with my whole life saving. It was dark when I drove away with it, but the next day in the light I noticed a big deep scratch on the windscreen about 6-7cm long. I emailed them straight away, but as it was a Sunday I didn’t expect a reply back that day. Then it rained and I discovered the roof was also leaking. I continued to email and call the company Mon/Tue/Wed/Thu/Fri with absolutely zero outcome until I emailed complaints to ask for my money back and I got called. So on Fri (now 10th Nov) I was made to think that I had to allow them to the chance to repair the car, which I now know I am not obligated to accept a repair or a replacement car. They picked the car up on Monday 13th and left me a courtesy car. Currently, they have replaced the front windscreen, and the car is in a Mercedes garage for the leak, which was meant to be 5 days. Last night the car dealership called to say the car will not be ready until the end of next week. I feel like I have been bullied, they have all my money and they have my car. I forked out a serious amount of money for a car that was definitely not as described, and is now sitting in a garage being repaired. If the car was advertised and “has a big crack on the dront windscreen and the roof is leaking” I would have NEVER have bought it. Can you please tell me if I have a case to return this car for a full refund please? Thank you in advance.

    • Hi Jacqueline. I don’t think you would be able to reject the car on the basis of a windscreen scratch/crack, as it’s easily repairable and doesn’t render the whole car faulty. As for the roof leak, it would depend on the cause of the problem and how easily it can be fixed. If it’s a relatively simple fix (eg – replacing a failed rubber seal or similar) then you won’t be able to reject the vehicle. If it’s a major fault that is causing the leak (eg – the car had been damaged in an accident and the whole roof mechanism is out of alignment), it could be cause to reject the car. You would need to speak to the dealership fixing the vehicle to understand what the problem is and why it’s taking so long (it could be as simple as waiting for the right parts to arrive).

  450. Hi Stuart
    My friend bought a used Nissan Qashqai from Arnold Clark as a part exchange. She had £1500 negative equity. She found a number of problems in first 10 days after purchase which she decided to reject the car. We called to the finance company and explained the problem and they booked inspection which confirmed the faults of the car. After so many argument Arnold Clark accepted the rejection but she needs to pay the balance and also they offered the repair free of charge. However, none of them are beneficial as by rejecting the car she will lose money and car both and on the other hand she doesn’t trust this car even if fixed. The question is how we can ask them to exchange the car (replaced) by another one and also claiming for compensation since she did not have the car for about a month now.

    • Hi Leila. Under the Consumer Rights Act, when you reject a car within the first 30 days you are entitled to a full refund for the price of the vehicle. In the case of a finance agreement, that means a refund of your deposit and any monthly payments already made. However your friend is still liable for the negative equity, which may cancel out any refund due (or still leave her with more money to pay). The Act also makes no judgments about compensation, so the dealer is not legally obliged to provide any.

      If she wants a repair or a replacement car, this is outside the boundaries of the Consumer Rights Act and so is entirely a matter of negotiation between her and the dealer.

    • Arnold Clark accepted the replace or rejection and my friend is going to replace it with the other similar car. Thank you for advising me Stuart.

  451. Thank you for your response.

    It was only after driving it more i noticed it more and more( albeit by the 4th day) I had only driven it about 50 miles by then and they had been short journeys. I was more focused on other engine noises etc

    I have had a quick google for a seating specialist but only seems to bring child seat solutions. Is there a company that you are aware of that fixes car seats and i may contact them to get a quote

    Thanks
    P

    • Try searching for “automotive seat specialists” or something similar and you should find plenty. If you search for anything related to “car seat”, the top results will always be related to child seats.

  452. Hi

    Useful Article

    I purchased a Toyota Verso from a dealer and the driver seat is dipping to the point where I feel myself lean into the driver door when turning left. There is no support in the right buttock compare to the left side. I have raised this issue with the dealer and they came back saying upon a visual inspection (they did not even take the seat out!) it is wear and tear and nothing can be done. I have had the car for just over 2 weeks (one week it has been with the dealership) and I do not accept a car that is 4 years old and has 30,000 miles on the clock to have this wear and tear in the driver seat like this. My pregnant wife is scared of driving the car as this puts pressure on her lower back which is not advisable when pregnant. I am getting nowhere and have had countless anxious and sleepless night because of this. Can I reject the car as the dealership is refusing to rectify?

    • Hi PJ. I don’t think you’ll get anywhere unless you can show that there is some kind of damage to the seat that is not wear and tear. Even then, it may not be considered enough to classify the whole car as faulty.

      If you ultimately took it to court, a judge would quite reasonably ask why you didn’t notice this before buying the car, as it’s presumably not something that suddenly developed after purchase and would have been evident on a test drive.

      You are probably best advised to take the car to a seating specialist to get it fixed. You can argue with the dealer about who should pay for it, but it will probably be you.

  453. Hi stuart.

    I bought a car on Sunday. It was a pre-Reg. I travelled 200 miles to collect it, and part exchange mine. On arrival the new car with 27 miles on the clock was parked down a side street with little natural daylight. It all looked fine, test drive went fine.
    We signed the papers and did the deal. Drove 200 miles back home, parked up outside my home under a street lamp and noticed scratchy paintwork, like it had been polished with an abrasive cloth in a couple of areas.

    The next morning I contacted the garage and advised the problem. They said that they couldn’t swap it or give me money back as it’s now registered to me. Instead they will pick the car up, keep it for a week to sort out the paint and bring it back. I’m not happy with buying a new car with 27 miles and it now will have 400 additional miles on there to sort out this paint issue. It doesn’t feel new anymore.
    Do I have any rights here?

    • Hi Louise. You will struggle to reject a car for minor scratches in the paintwork. It has quite probably been caused by valeters using dirty cloths or sponges, dragging grit across your paintwork. Annoying, but not a faulty car.

      It’s not a new car, it’s a pre-registered car, which is a used car. And because you drove it 200 miles home, the dealership could easily argue that you could have had the car washed once you got home, and that caused the damage.

      Your best bet is to try and leverage some form of compensation from the dealership, in the form of a free tank of fuel or one of their fancy, overpriced car care kits.

  454. Hi, good article.
    Wondering what you think to this one…
    Bought a new car without going to Jaguar, they sent me a PDF of the car I was getting which was a PDF of the latest build, when I picked up the car it was last years build so had some differences, they agreed but couldn’t fix the differences and offered me an alternative item which I’m not keen on. The sales invoice does state old build, but at no point was this ever pointed out to me (and if they didn’t think they were in the wrong I’m guessing they wouldn’t have offered me an alternative item. Service has been shocking though, never get called back, multiple calls and emails with no response. Have raised case to Jag Customer Relations now, awaiting response.

    • It will depend on what your sales contract says, rather than the invoice. If you have a brochure/spec sheet of the car from the dealer with no indication that it would be difficult from the car you were buying, and a contract that does not note that the vehicle was different from the information provided, you are justified in expecting that the vehicle would be as described. Whether you would be justified in rejecting the car under the Consumer Rights Act would probably depend on the level of discrepancy between the specification of a new build car with your old build car.

      Your description sounds a bit vague – “bought a new car without going to Jaguar” suggests you used a broker or leasing company, which may complicate things. You also said “they” sent you a PDF – do you mean the dealer sent you a PDF or the broker/agent?

      If you bought the car directly from the dealer but without actually visiting the dealership, you have a 14-day cooling-off period in which you can claim a full refund. You may choose to negotiate another resolution (like an exchange for a newer car, or a discount on the car you have already bought), but that’s going outside your legal rights.

  455. Hi I purchased a brand new Range Rover Sport from a dealer 2 months ago on finance after 6 weeks 1400 miles approx the engine light came on and there was an oil leak and knocking sound.
    Land Rover came and took the car for repair they said it wasn’t safe to start they couldn’t issue me with a courtesy car as they said they couldn’t insure me as I had 9 points so I was offered taxis. I picked the car up from them last week after 16 days in the garage with a note saying new seal fitted new pipe and new belt after two days of getting the car back the engine light has come on again oil leaking all over my drive.
    So I took the car to my dealer today and explained that I wanted to reject the car and asked if I could leave it at the dealership as it was not fit to drive. They had the chief technician look at the car for 15 minutes he said it was the turbo that was broke and needed fixing they could send off for the part and repair It but again at the inconvenience of me having no car I paid full price for the car £68000 I contacted my finance company Land Rover finance and explained the situation to them they are calling me in the morning. I left the car at land rover garage.
    Do I have any chance of a rejection? I don’t trust the car to be okay even if it is fixed again and I cannot have a courtesy car so I just want to send the car back and buy something else. thanks

    • Hi Michael. You will need to formally reject the car in writing to both the dealer and the finance company (simply telling the dealer isn’t sufficient). Once you have done that, the dealer will be entitled to once more chance to fix the car. If they can fix it, you will not be able to proceed with a rejection. If the fix doesn’t work, then you can finally reject the car.

  456. hi, i bought a 2013 Peugeot 5008 on 25th august 2017 and the car has developed a fault where it sometimes judders and makes a clattering sound at very low speeds when initially moving off. My car is currently at the dealership for a diagnosis and i got a phone call today to say they will do a software upgrade to the electronic gearbox and i was told that if that doesn’t fix the problem then i would have to give the dealership authorization to remove the gearbox for inspection and that i would have to pay the costs for the repairs. my car is still under the 3 months warranty with the peugeot dealership. Please can you advise, thanks

  457. Hi. I bought a 2007 Hyundai Santa Fe 7 days ago. It is an automatic and stalled 2 days ago! An independent garage has looked at it today and it is a head gasket problem and the independent garage I limped it to days it looks like someone knew about the problem. The car is being picked up by the garage I bought it from to be fixed. I want to reject the car as I bought it to tow a horse box and I’m not sure this car will be able to do this anymore. Can I hand it back? Please help!

    • Hi Karen. You should be able to reject the car if it has a significant engine problem. As you have had the car for less than 30 days, you do not have to accept a repair. However, it will depend on the nature of the engine problem.

  458. Hi Stuart, my daughter has just purchased a 2006 old MINI. When I drove it back home the steering pump wouldn’t turn off (a common problem for this car apparently). I have booked the car into a local garage to take a look at it as it is 150 miles back to the dealer. The dealer is suggesting this is a straightforward fix and will resolve it if I return it back. However, I am not convinced the repair will be a permanent repair (which is a concern if the steering pump was to fail). If I have the car repaired will I be able to claim some or all of the repair costs back from the dealer?

    • Hi Miles. If the dealer claims that they can fix the problem, you’d have to have a good reason to doubt them by insisting that the work be done elsewhere. If you want the dealer to pay for the repair costs, the dealer is entitled to insist that the car goes back to them for the work. That’s one of the risks you take when buying a car from a dealer that’s 150 miles away, although you may be able to convince them to pay for costs in getting it back to them.

  459. Hi Stuart,

    I recently purchased a new SEAT Ateca in September and having drove it the first week I noticed a very annoying rattle inside the car. Also the door mirror on the driver side was squeaking when folding in and the driver window also made a horrible squeak when being opened and closed, while also being slow at closing and at times closes half way before opening fully again. The rear wiper also judders across the rear window and the front wiper leaves smears when in use. I also noticed upon inspection of the vehicle that there are scratches all over the car on the doors, near the door handles, on the bonnet, in the door sills and on the plastic below the driver seat. I have contacted the dealer where I bought the vehicle and they have since checked over the car and said they had changed the rear wiper (still juddering). Found the rattle was a loose interior trim so repaired that but found another rattle elsewhere in the vehicle. The technician put some silicone grease in the driver mirror and said he had sorted the driver window that doesn’t squeak but is still slow opening.

    The car is booked in to have the scratches looked at and the newly discovered rattles but my concern is if the scratches are still visible and the rattling continues would I be entitled to refuse the car as it wouldn’t come under the part of the act “of satisfactory quality, fit for purpose and free from any defect”

    Also when I was speaking to the salesman before deciding to buy the car I specifically asked if the vehicle had the ambient lighting pack and DAB radio, which he confirmed the vehicle did. I have checked the radio and through the vehicle settings for the ambient light feature and these 2 things aren’t present. Would that be enough ground for mis-selling of goods?

    Thank you.

    • Hi Alex. Starting with the last point, you can’t reject the vehicle for misselling unless you have written advice that the car was fitted with certain features that are subsequently not there. A verbal assurance is worthless.

      In terms of the other problems, they are annoying but probably not enough to justify rejecting the car as faulty overall. The scratches all over the car are most likely from the valeters using dirty cloths, which have dragged tiny stones or something across the whole car while being cleaned. However, it might be difficult to argue that it was done before delivery, as the dealer could easily argue that you could have done that yourself.

      Rattles and smears are unlikely to be grounds for rejecting the car, but you can certainly keep hassling the dealer to fix the problems under your new car warranty. You can try to reject the vehicle under the Consumer Rights Act, but it would probably be difficult. If the dealer is not interested, you could try contacting SEAT UK head office in Milton Keynes about a replacement vehicle.

    • Hi Stuart,

      Thank you for your reply, I have been in constant contact with the dealership about the various issues with the vehicle. The last instance I took the car in to check over the rattling and the scratches, for this they kept the vehicle just short of a week, upon driving the car home I noticed that the rattling was still present and still as annoying as ever. The car has been in 3 times now for the same issue within a 3 and half month period. I have spoke to the Seat head office who said they would look into the situation if the issues are still present.
      I recently took a call from the dealership head office asking how I felt the service of the vehicle went, I told them that I was far from happy with the constant trips back to the dealership to sort out what would seem a small problem but doesn’t seem to be getting fixed. The person on the phone said they would email the dealership sales manager and service manager to say I was unhappy and get them to contact me. So far I haven’t had a call off the dealership but I am just checking to see if I would be able to ask them to swap the car or reject it due to the inability to sort a problem that has been there since day 1.

      Any advice would be greatly appreciated.

      Many thanks;
      Alex

    • They’ll bounce you around for a while, probably in the hope that you’ll eventually go away.

      Ultimately, you are unlikely to be able to reject a car under the Consumer Rights Act because of a few rattles and scratches because the car itself is not faulty. It’s really up to SEAT to decide whether or not they are interested in maintaining suitably high standards.

    • Thank you for your prompt reply, I finally received a call from the dealership but I was unable to take the call and a voicemail was left asking for me to call them back. Unfortunately I have been unable to call them back due to my working hours and the time the dealership is open till. I would have thought that the dealership would want to sort these issues and hear the last from me, but to not follow up with another call to see what the problems are, is now beginning to bug me.

      I did experience another issue with regards to the Start/Stop system coming up with an error and refusing to come on after pressing the button to turn it on and off, I even turned the engine off to see if that corrected the issue but it still refused to come on. I feel that the amount of issues even if they are as small as a few rattles is very annoying especially with it being a new car.

      I would like to have these issues sorted as for the money I am paying I feel I am not getting value for money. If I was to escalate this to Seat head office, they did say they would investigate but unsure as to how long that may take due to the 6 months window for rejecting the car approaching on 11th March.
      Again any advice is greatly appreciated.

      Thank you.

    • Start-stop systems have a number of fail-safes built into them, and they won’t activate under a number of circumstances. The main one is that they won’t work once battery charge drops below a certain level (often 80%), and some cars will flag this as an error while others won’t and the system will simply not cut the engine.

      If you are not using the car for any reasonably long journeys, the battery isn’t sufficiently recharging during driving to reactivate the start-stop system. Doesn’t mean your battery will go flat, but it means the start-system won’t work. That may or not be the issue you are having, or it may be that the system has a real fault. It’s still probably not enough to reject the car under the Consumer Rights Act, as the car is still fully functional. It’s still likely to be a warranty scenario.

  460. Hi, 3 months ago i bought a used car from arnold clark 95 miles from where i live, its in good condition, just over 60k miles. noticed on the drive home that the brakes were very noisy and engine was making a noise over 60mph, and the airbag switch was faulty also. the car was put into my local arnold clark for checks and repairs, 4 times during my warranty period. each time the car came out with the fault either not repaired or a new fault (such as the heating system which had to be taken to another arnold clark branch to be checked over as it was a potential fire hazard, banging from the back which was said to be ‘over-engineering’ on the exhaust and a part was removed – it is now sounding so much worse, the cd player jammed, brakes needed re-cleaned after the 1st attempt did not work) i have had 3 courtesy cars for 1day, 1week and 1week each time. the car has also had a plastic piece fall off from underneath while i was driving, the fuel gauge always says my tank is empty (accept for when i put in a full tank of fuel), this caused my car to cut out on a roundabout. the dealer has been made aware of all of the problems and have offered me a replacement as they have said i cannot reject? – the only problem is, i have to choose from the dealers stock in the same price range (fair) but for weeks now they have had the same few cars which are not suitable for me, and they have said they cannot do anything at all until i choose a car. this could take months as it depends on which used cars they get in stock to match my price and needs. is there anything i can do?

    • Hi Laurenn. Although you have had a number of annoying problems, none of them really sounds like faults that would render the entire vehicle faulty under the Consumer Rights Act. The fuel gauge is fairly essential, but presumably easily fixed.

      If the dealer is offering you a replacement car, you should probably take it. They may be prepared to bring in another car from another Arnold Clark branch if you are prepared to pay for some of the associated costs, but those costs could be quite high if it doesn’t suit them.

      Arnold Clark dealers have a very poor reputation for aftersales customer service, and we get more complaints about them than any other dealer, so you will need to be calm but firm in making your case whenever dealing with them.

  461. Hi Stuart,

    I bought a MINI One today and after a long drive home the power steering cut out. I have since read that this is a common problem in minis of this age and can be fairly expensive to fix. Also, I was told when I purchased the car that it had had a full service including an oil change. The service book was stamped and oil change box ticked. However, I checked the oil when I got it home and the oil was just below the minimum level and black in colour which suggests the service was not done.

    I will ring the garage tomorrow but I would like to know if either of these would be reasons to reject the car. I especially feel I’ve been lied to about the service but have no proof.

    • Hi Sarah. The service issue would probably depend on whether you were told verbally that it had been serviced or whether it was advertised as such. It’s probably not a valid reason to reject the vehicle, as the problem can easily be fixed by servicing it and the dealer will presumably claim some sort of error.

      The power steering fault is probably a reasonable claim for rejecting the car, depending on how easy it is to fix, given that it happened on the day you collected the car.

  462. hi Stuart
    I really need some advice I bought a used car 11 days ago after having it for 2 days I found the engine was overheating causing coolant to bubble up and out of the expantion tank I phoned the dealer and he told me to take the car in 3 days later for repair after another 2 days I got a call sayng it was fixed and ready to be collected when I went to pick the car up I was told the fault was with the engine management system not telling the fan to turn on but because it would be far too costly to replace the engine management system they had installed a manual switch to turn the fan on and off I took the car home and parked it up for the night the next morning I found a large pool of oil under the car I am wanting to refuse sale of the car and return it I have wrote a letter to the dealer (not posted it yet) I am now not sure if the car is safe to drive back to the dealers the engine or oil lights don’t come on when I turn the engine on but I am not sure if this could be disabled by the dealer also I’m am not sure if the manual switch for the fan is a suitable repair and if the car would pass a mot like this
    thanks chris

    • Hi Chris. It doesn’t sound good, but you will need to find out what is causing the symptoms. If it is a significant fault, then you can reject the car. If the dealer doesn’t think the car is faulty and is not interested in refunding your money, you will need to get a second opinion from another garage so you have some ammunition to back up your claim to reject the vehicle.

  463. Hi Stuart,

    I have just taken delivery of my replacement car (new). The original car was replaced by the manufacturer at no cost to me (zero invoice). The replacement arrived 6 months after delivery of the original car. Unfortunately the replacement has exactly the same issue as the first car. The fault on the second car manifested on the first day, and I am still within 30 days of delivery.

    The dealer is responsive but given my previous experience of this issue, I would like to know what my consumer rights are re rejection of the replacement car, and whether I have any time pressure (within 30 days), or is this considered to be a fault extending from the original purchase date i.e. 6+ months?

    Thanks

  464. Thanks for replying Stuart. It’s a 2013 Vauxhall Astra, around 27,400 miles when I brought it and now covered just over 28k. Took the car back to Evans Halshaw and they said they can’t fix it. Now it’s gone to a Vauxhall dealer for 2 hours diagnostic time at there expensive. Been 2 weeks since I’ve been able to use the car and they’ve had it 3 days now and still nothing back from them. The car is unfit to drive with no indicators and obviously the interior light being stuck on is draining the battery. Thanks craig

  465. Hi Stuart
    I purchased a brand new Nissan X-Trail Tekna, the new 2.0-litre diesel, paid extra for 4×4 and automatic transmission, very expensive. The car is in Ebisu Black. After 60 days the paint on the front drivers side door post has flaked off in two places. Took the car back to Bristol Street Motors who inspected and immediately said they would raise a warranty claim as it was not good or correct. After 23 days of hearing nothing and further paint chipping/flaking off the vehicle I returned to BSM again, they inspected the car and again said they would raise a warranty claim with Nissan. At this point, I also raised a complaint with Nissan UK. Following another period of 50 days and hearing nothing further f4rom both BSM and Nissan I emailed both, the next day returning the car to BSM. BSM then informed me and showed me an email from Nissan who have rejected the claim as fair wear and tear, no one decided to inform me. I am also amazed that Nissan can reject the claim without seeing or inspecting the vehicle and basing the rejection on a photo taken on a phone and the word of a BSM salesman!
    I Informed them that I had taken the vehicle to two independent body shops and one detailer, who have all intimated that the quality of paintwork is of a very poor standard and that paint thickness is minimal at 72 microns. Following BSM’s request, I have given the names of body shops I have used for their opinions. Further evidence of post-manufacture repairs to paintwork have also now been pointed out to me.
    BSM have now agreed to take the vehicle in and look at 3 other issues with the car, at the same time will send to their ‘approved’ body shop to inspect the paintwork. My issues with this are:

    The vehicle will not go to the body shop until the 6th November, this takes me over the 6 month milestone in terms of rejecting the vehicle?

    Will a BSM approved body shop give an impartial view, as they are approved by BSM?

    Is it right and correct that a 5 month old car requires a major re-spray?

    What will the car look like after 12 months of ownership, its resale value will be unacceptably low if the car deteriorates?

    Even though they (BSM) have agreed to inspect the car, can I legally reject the car on the basis that the first rejection from Nissan is their first attempt to put the car right?

    I have arranged, at cost to me, an inspection (tomorrow 11th Oct) by an approved Institute of Automotive Engineer Assessor (IAEA) to hopefully add weight to my claim.

    Major issues for me which you can probably imagine are causing me sleepless nights, when I spend £35,000 (cash) on my dream car I expected quality that would last!

    Chris Rowan

  466. Hi Stuart

    I brought a used car from a dealership on the 22nd of July 2017. I’ve had nothing but problems since I’ve had it. Noticed issues with the central locking a week after I brought it and now I have problems with my indicators not working properly, interior light staying on and other various electrical problems which renders the car unfit to drive. The problems I’m having no one has ever herd of with this car and it’s becoming very tiresome now. I’ve returned it to my local Evans Halshaw as the one I brought it from is 160 miles away. They said why would look at it but the 3 month 3k mile warranty I got with the car will probably not cover the electrical issues. There also saying I don’t have any legal rights. This is not what I expect from paying 15k for a car with 27k miles on it. Can I just ask what legal rights do I have with these problems? Thanks, Craig

    • Hi Craig. If you want to reject the car under the Consumer Rights Act, you will need to formally write to the selling dealer reject the vehicle. The dealer will be entitled to one chance to fix the problem – if they can fix it, you are obliged to accept the repair and keep the vehicle. If they can’t fix it, you can reject the car.

      However, the vehicle itself needs to be considered faulty, which is different from a working vehicle with a few faults. Your list of issues needs to have a central fault that renders the whole car faulty (although the indicators are probably enough). It will also depend on how old and how many miles, as the older and higher-mileage the car gets, the more leniency is applied when cases get to court.

  467. just driven it to shop and checked oil after car cooled down for five minutes and oil is below minimum so the car has used more than two litres of oil in less than 290 miles now. i am sure this is excessive the difference between minimum and maximum on dip stick is 1 litre. Please tell me this constitutes a serious mechanical problem and is not fair wear and tear. My last BMW didn’t use a drop of oil between 6000 mile services and that had done 150000 miles.

    • Hi Peter. With a car that’s 13 years old and having covered 110,000 miles, it would be very difficult to reject a vehicle under the Consumer Rights Act because of excessive oil use. That’s not to say it’s impossible, but courts have so far been very lenient on what constitutes fair wear and tear on a used car. The argument that your last BMW didn’t have the same problem is irrelevant.

      If you can provide the selling dealer with written reports from three separate workshops that all say the engine is terminally damaged, you may be able to convince the dealer to accept a rejection and refund your money. If the dealer refuses, you will probably have an uphill battle trying to reject the car unless you are prepared to shell out for legal support – and even then, there’s a decent risk that you’ll either still lose or win but not recoup your legal expenses.

  468. Hello Stuart. I bought a 2004 325i BMW with 110,000 miles 14 days ago and soon noticed some smoke from exhaust which i did not notice on test drive. I checked the oil and water. The oil was on minimum so I topped it up there is not a problem with water. I have since driven the car 150 miles and the oil level has dropped from maximum to minimum, this amounts to one litre of oil used in 150 miles. If I had driven for 300 miles which would be easily achievable on one tank of petrol the engine would have had insufficient oil in it. There is no visible oil leak so the engine has to be using the oil. It has been suggested by 3 separate mechanics I know who have looked at the car that the engine could have worn piston rings and is at the end of its life. I think this is grounds for rejecting the car, am I correct?

  469. Hi, I bought a brand new BMW 1 Series on 30th September and when buying the car I stated that cruise control was something I wanted in the car and the salesman demonstrated the cruise control on the car we took out to test drive. After collecting it last Saturday, I couldn’t find the buttons as demonstrated on the steering wheel and called the salesman to find out how to work the cruise control, he told me it would be easier to show in person and would I mind bringing the car into the dealership so he could show me. I took the car in today and whilst we were out for a drive, he discovered that my car does not in fact have cruise control as he and I had both believed. He has apologised and mentioned he had assumed cruise control was a given in a new car but it is not a standard feature. I feel I have been lead to believe that my car would have cruise control and had I known it wasn’t a standard feature, I would have happily paid the extra for it. Do I have grounds here to reject the car under the Consumer Rights Act?

    • Hi KJ. Given that the salesman has acknowledged the error and apologised, I would say that you would have very good grounds for the dealer to fit an official BMW cruise control at no cost. If they are not prepared to do that, you can try to reject the vehicle. Unfortunately, you may find that the salesman suddenly becomes very forgetful with regard to any conversations about cruise control.

  470. Hi Stuart. I bought a Citroen C5 tourer on the 28th July 2017 after 2 weeks I found the driveshaft to be clicking took it into the garage i bought it from they diagnosed it as been the drivers side drive shaft,after waiting a week the car went back into the garage a re-conditioned part was put in place and car was returned after 30 mins of being back in my possession I could hear a distinct metal to metal sound so car was returned to garage again,garage diagnosed a faulty driveshaft had been fitted this was replaced and vehicle returned to me 3 weeks have passed and this Saturday 23/09/17 the car broke down this time the hydraulic slave cylinder on the clutch had collapsed and burst consequently spilling brake fluid all over the road,AA came to rescue and car is now back at garage again,now considering this car has only done 44k i feel these problems shouldn’t be happening i hope you agree,I have spoken to the finance company and i have rejected the car due to these faults and that my wife no longer feels safe in this car i’ve compromised and said that this car is probably a bad one and that I would be prepared to accept another car of my choice rather than fall out with the dealership/finance company can you tell me if ive done right by this look forward to your reply.Geoff Connor

    • Hi Geoff. If you are rejecting under the Consumer Rights Act, the dealer will be entitled to one attempt to rectify the fault. It’s only if that fix does not work that you are entitled to proceed to final rejection of the car. You would be entitled to a full refund of the original price.
      If you are seeking a different arrangement with the dealer (such as a swapping for a different car), this falls outside the Act and therefore it’s all a matter of negotiation rather your legal rights. However, the finance company will be unlikely to agree to this, as your current finance agreement will not transfer to another car.

  471. Hi Stuart, I bought a as is car with high milage financed four days ago and tonight the drive line broke. I was only going like five miles per hour when it happen. Is this grounds for rejection and what do I say or do?

    • Hi Shonna. It sounds like reasonable grounds for rejecting the car under the Consumer Rights Act, but it would depend on what is broken and what caused it.

      You will need to formally reject the car in writing, both to the dealer and to the finance company if the finance is secured against the vehicle. The dealer will presumably want to inspect the car before agreeing to any refund.

  472. Bought a new car July 2017. Within a week, the handbrake had failed on a hill due to it being too loose. It was fixed, and I gave them the benefit of the doubt. A couple of weeks after this, I got someone out to my car as there was a knocking feeling I could feel through my accelerator peddle once going over 50mph. They could find nothing wrong with it. At the weekend, my car started leaking water – through the joining of the windscreen and the roof, and water was dripping in on to the front passenger seat. Surely I have right to reject the car after all these faults? Even if they replace the sealant of the windscreen, there’s still the issue of mould growing in the passenger seat and causing health problems. Please advise!

    • The Consumer Rights Act serves to allow a customer to reject a faulty car, which is not necessarily the same as a vehicle with a fault (or faults). A collection of small faults isn’t usually enough to render the entire vehicle faulty, although on a new car the expected standard is naturally higher than for a used car that has already experienced a degree of wear and tear.

      The windscreen problem may be grounds for rejecting the vehicle, but the dealer will be entitled to repair the fault – only if that fails are you entitled to finally reject the vehicle. Under your new car warranty, you should be entitled to have any associated problems caused by the fault to be fixed, such as repair/replacement of carpets, mats or upholstery.

  473. Bought a 10month old Mercedes C200se executive auto with 11k miles in March for £20k from a Mercedes franchised dealer. Since day 1 the car “creaks” when driving on less than perfect roads at low speeds. The creaking is less noticeable at motorway speeds due to wind/road noise. Due to a family bereavement, this was a low priority at the time and I eventually emailed the dealership who agreed to rectify the problem. They had the car last Thursday and I collected it Friday after being advised the door seals had been removed, refitted and lubricated and that it was quiet on the road test. I became a little suspicious when the service manager said it may take a few days for the seals to “settle down”. On driving home it was immediately apparent the noise was still there and driving yesterday it sounded worse than before the “repair”. My 60day window expires on 28th of this month to reject the car. Should I write to reject it now and is the constant creaking from the door areas a sufficient reason

    • Hi Peter. An annoying noise is a difficult case for rejecting a car, especially if the car is operating otherwise properly. To be able to reject the vehicle under the Consumer Rights Act, you will need to establish the cause of the creaking noise so you can determine whether it is likely to constitute a significant fault with the vehicle.

      Once you formally serve the dealer with notice to reject the vehicle, the dealer is entitled to one chance to fix the problem. The work done before now doesn’t count (unless the dealer accepts that they have already tried and they can’t fix the problem).

  474. Hi Stuart.

    I leased a VW polo through PCP for my wife in March 2017. My wife had 2 separate instances where the brakes failed to function and took the car back to the dealer. They said they could not find a fault but replaced a part in any case. As they could not definitively say whether the fault was fixed, we refused to go back into the car. Since then, we have had a courtesy car while VW assess the situation. They have come back with 3 options :
    1. Take the car back
    2. Replace like for like
    3. Take a different VW model and arrange a new price
    The option we want is to cancel completely (without further charge etc) as my wife has now lost confidence in VW and is nervous to use another one. VW have said that option is not available as they cannot determine a fault. My issue with this, is that they could have checked the part they replaced but chose not to – so now we’ll never know if it was faulty!
    Do you think we qualify within the 6 month window of the Consumer Rights Act?

    Thanks

    Kevin

    • Hi Kevin. I doubt that the Consumer Rights Act will really help you in this case. If you reject the car now, the dealer is entitled to another chance to fix it. If they claim to have fixed it, you are obliged to keep the car.

      If you want to pursue the dealer or Volkswagen UK for a full refund, you will be working outside the Consumer Rights Act and I’d recommend getting the help of a lawyer.

  475. Hi Stuart,

    I would send a message with our dilemma.

    Long story short, we part exchanged our old car for a new car on finance. There were a whole host of issues with the new car and the dealer are allowing us to exit the deal. They still have our part exchanged car but we don’t want the car back, the insurance has expired and we have already had to cancel the insurance on the new car we didn’t actually get, plus we have gone with another dealer so would ultimately have to cancel this insurance after a week or so anyway, a hassle we do not want when w can survive without a car for 2 weeks. The problem is the dealer are stating that they cannot cancel the whole deal unless we take our part exchanged car back, as far as i am concerned they are now the legal owner and we held up our side of the deal (i.e. they accepted the car and signed the V5C form) but they didn’t hold up their end of the deal by delivering a new car in a fit state, hence the reason we want to exit the deal.

    You mention above “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).” suggests we wouldn’t get the part exchanged car back anyway despite their insistence that we have to take the car back (I imagine they don’t want to deal with trying to sell the car and the fact it doesn’t look good a Ford being on a Nissan court). I assume they had an inkling that we would exit the deal and were hoping we would take the car back, as I imagine in most other cases they would have got rid of the part exchanged car pronto. For reference there is a small negative equity of £25.

    What are your thoughts on the matter above?

    Thanks,
    Noel

    • The advice in the article specifically refers to rejecting a car under the Consumer Rights Act 2015. If you are rejecting a car in this manner, you need to formally notify the dealer that you are invoking the Act to reject the car.

      If the dealership has offered you a (settlement) refund separately to the Act (because you haven’t rejected the car under the terms of the Act), then it’s simply a matter of negotiation between you and the dealer.

  476. Hi Stuart, I had purchased a 2-year old Mercedes Car from a Dealership on Hire Purchase/ lease. It still had 1 years Manufactures Warranty on the car. The car was running fine, however, about 3 months ago, as I was driving home as smoke appeared from the bonnet. I called Mercedes breakdown who advised me to “drive the car on dual carriage way to clear it up”, however, as I was close to home and there was further smoke escaping, I parked outside my garage. Within minutes of getting out of the car, it was engulfed in flames – the entire car was pulled apart by the Fire Brigade to put the fire out. I contacted the dealership as well as my Insurance Company. The Insurance Company came the next day to collect the burnt out car and carry out an investigation which they determined as a possible electrical fault. They paid out and I now have a new BMW on a similar Hire Purchase/ lease. However, my driveway as well as my Garage doors have been ruined.
    I have tried to call some no-win-no-fee solicitors, however, they tell me they cannot take the case on as there is no personal injury claim. So my question is do you think it is a viable option to make a claim under The Consumer Rights Act 2015 against the Dealership who sold me the car or Mercedes itself, or would it be worth it?
    Any suggestions would be gratefully received.

    Thank you,
    Kruti

  477. Hi Stuart, Me and my Mrs went in to a local recognised car dealer just over 2 years ago to trade in a financed vehicle and to carry over some negative equity to get a newer car that was bigger as we where planning a family. We believed we had got finance as the salesman spoke about “the finance company” had accepted etc, anyway I took that vehicle away after a year I fancied something a bit sportier so we went back to the same dealer and asked how much it would be to do the same process again… only to be told the negative equity was “too much” to put onto another vehicle, at the time we thought fair enough it would be around 3k but we was putting It on to a 12.5k car.

    It recently came to light when I was advised to use my right of the half way voluntary termination in my car finance deal, that in fact I had an unsecured loan and there was no finance on the vehicle, It seems that the time I popped back in to get a new vehicle that they couldn’t do me a deal because they realised they hadn’t got me finance in the first place?

    I now work in the motor trade so I have been seeking advice from various leaders etc, everyone I have spoken to have said I have been mis sold a personal loan due to the simple fact I have only just found out my rights etc. I was also sold GAP insurance on the vehicle ensuring me that my vehicle would be covered for 5 years, when I have been told by experienced salesmen and leaders that on a cash sale the GAP insurance can only be 3 years.

    To top all of this off the “finance” was originally in my partners name and the new “finance” is in my partners name, the dealer actually put the log book which of course we now know has no ties and is on a cash sale, they signed it in to my name. This meaning my partner had got a loan out on a high APR when if we was told we where getting a bank loan we would of gone to one of our banks and my partner didn’t actually gain anything from the loan. The car was signed straight in to my name without her consent.

    I have wrote a letter to the dealer and sent it via post, kept a copy for myself. I contacted the financial ombudsman as soon as I became aware I felt I had been mis sold a loan, they told me the steps of the process and how to get the ball rolling.

    Am I going to get laughed at for my partner and I not reading every detail and it being put across as a finance package? Or have I actually got a chance of putting things right, as I told the financial ombudsman service I don’t seek compensation, just no financial downfall (as advised). I don’t want this to happen to someone else!!

    Thank you

    • Hi Thomas. If you’re trying to fight the dealer and/or finance company on your own, it will probably be difficult unless you have some kind of written proof that you were quoted on a secured loan (PCP/HP/conditional sale, etc.) but sold an unsecured loan. The inevitable comeback will be that it’s written in the finance contract so you didn’t read it before you signed it. The salesman could swear on a stack of bibles that he/she explained everything properly and that you knew what you were doing. Ultimately, it comes down to what the contract says.

      Carrying negative equity across from one car to another is never a good idea, as you are increasing your negative equity problem even further. Most finance companies have limits on how much you can carry across, and some finance companies won’t allow it at all. Personally, I’d like the FCA to ban negative equity on car finance altogether. However, since you actually had a personal loan, you can load up as much negative equity as you like since it’s not secured against the vehicle.

  478. Hi Stuart , i purchased a brand new motorcycle through finance on 13/6/17 from a main dealer , engine management light come on 8/9/17 so I contacted the dealership as soon as it did and booked it in to be looked at on the 14/9/17, they didn’t even contact me all day to say they couldn’t find the fault so I contacted them on the 15/9/17 for them to tell me they haven’t managed to fix it they have had their technicians look over everything several times and haven’t found anything so I’m wondering wether I will be covered to return the bike under the consumer rights act after I have proof of them not being able to find or fix the fault, and contacting the finance company as well

    • Hi Liam. Once you formally reject the vehicle under the Consumer Rights Act, the dealer is entitled to one attempt to fix the fault. Any work done before you officially rejected the vehicle does not count (unless the dealer agrees to it, of course).

      Yes, you will need to speak to your finance company, as it’s probably their bike, not yours.

  479. Hi, I bought a car on the 7th Sept from a dealer in Bury. My friend was taken for a test drive while I sorted out insurance ( my insurer closed at 8pm go figure) everything seemed though in order (my friend had not driven the car I found out… The dealer had drove it) and I purchased the car on my credit card…it did seem like a good deal, I should of guessed really :/
    Within 5 minutes of driving it away ( id stopped to put petrol in it) my friend and I noticed the idle was faltering between 1500 and 2000 revs like a roller coaster. I tried to contact the dealer but he was not picking up the messages. We stopped and started the car, the idle seemed to be behaving at that point and I had to drive it back to Lincoln, it was by that time about 8.45 on a Thursday evening and I had my 8 year old son in the car.
    The next day I sorted tax for the car, took it to the next village (3 miles away) but the idle was working at 2000+ revs which was overly high.. .. I stopped and restarted the car and it was doing that faltering thing again. I took videos and emailed them to the dealer, no reply… (btw I hadn’t had a single reply from the messages the previous night either)

    I then tried to call the dealer, no reply, messaged them got a reply to take it back for a refund. I also requested in that message the cost of insurance / tax and the petrol as we were having to drive it back to bury. He then rang me and told me no.. And the only way I would get my money back for the car is to take it back to Bury… As my insurance on it was only for the day I had to take it back that night.
    He then refused to credit my original form of payment. Promised me the money would be in my bank account Monday morning. Monday promised Wednesday.. Wednesday promised 1st thing Friday.. It is now Friday and I’m still waiting.
    I have started a claim with my credit card company to retrieve the original 1800 spent but my question is, can I request in writing.. And take to small claims if needed the other £120 that was spent in expenses for the car.. The insurance, tax and petrol? I haven’t even factored in the petrol for the other car… It just seems really out of order that it was insisted I took it back and yet I’m that much of of pocket.. Or is this just one of those chalk it up to experience times? Any advice would be greatly appreciated

    • Hi Pammi. Generally, you can’t force a dealer to pay for your fuel/insurance/tax costs. If you’re buying a car that’s a long way from home, then you need to accept that it will cost you a fair amount of fuel to get there and then go back again if necessary.

  480. Hi Stuart,
    They gave me a full refund on the car today. I actually had it in writing (an email) stating that the car was not damaged. Thanks for all the advice on this page. It helped me word a good email outlining my rights and I definitely think it helped me get the refund.

  481. Hi Stuart,
    In July 2016, I bought an Audi 2012 (8k) from a big car supermarket, I paid 500 cash and the rest on finance. 14 days later I settled the finance with my credit card.
    On the same day I drove the car there was an Engine Management Light. It’s been 13 months of being back and forward to the garage and directly to Audi to get it fixed unsuccessfully for the same failure + excessive oil consumption. At the moment the car is at the garage, it’s been 25 days since they are trying to fix it.
    I wanted to reject the car but the garage said that the car is fit for purpose as I have been driving it the last 12 months. They offered me £3,500 as part exchange, which I declined. I started a Section 75 claim through the Credit Card company, and they just replied that I didn’t pay the garage but the Finance company, so I should make the claim to them.
    I called the finance company and they say it’s not them cause the finance is already settled. The suggested to look for advice with the Citizens Bureau Adv.
    I called de Citizens Bureau and they asked me to send the letter to the Finance company and give them 15 days.
    I don’t really know what to do know. I have a lot of documents proving the fault from day 1, but don’t know what to next and what are my chances of getting a decent partial refund.
    Thanks!

    • Hi David. Ultimately the dispute will be between you and the dealership. There are known oil consumption problems on certain Audi engines, so depending on your model and (importantly) its service history, you may be eligible for a goodwill repair payment from Audi UK. I know another Audi driver who is going through this same process at the moment, and was originally told that he’d have to pay a large amount but is currently negotiating for the whole bill to be waived.

  482. Hi Stuart!
    We bought (Hire Purchase) a Mazda CX5 2.2D SportAWD Auto last 04 September 2017. When we test drive it last 02 September 2017 Satnav is not working and the one who assisted us said that the SD card for it will be sorted when we are to collect the car. Said SAtnav button on the dash is the only one that is not functioning. so we assumed that it has, even though on the advert it did not mention any of it and presumed that it was just an error.

    When we went to collect the car we were told the satnav was been set up already and because we trusted so much the sales person, i didn’t have the time to set or learn the satnav of the car if it is working or not because we are in a rush to get home because my wife is on a night shift that day. It was already 08 September when I finally had the time to set up the phone Bluetooth and learn most of the function of the buttons on to the dashboard because this car is new to me because what we had before was a Nissan Qashqai 07 manual. And then I realised that the satnav is not working on this car when I’m trying to operate and find where the SD card slot is.

    10 September, traveled back to the showroom and went to the salesperson and spoke regarding the matter but even she was confused because it has a button for Satnav and does not function and can’t find the SD slot, also, the Mazda showroom personnel can not even find it as well. I was so disappointed and said if they could have been honest to tell us beforehand that it does not have a Satnav, at least, we shouldn’t have taken the car.

    The only evidence we(me and my wife) can hold on to is the verbal conversations we have regarding it and the SAtnav button that is not functioning and the missing SD card slot. Can I return/reject the car?

    I’m really stressed at the moment because we are to use this car traveling to France by the 23rd of Sept that is why we part exchange our old car.

    I hope you can advise me on what to do on this!

    Thanks
    Rey

    • Hi Reynaldo. If the advertisement does not mention satnav, or if you have no written assurance that the car has satnav, and if it’s not a standard feature on that specification of CX-5, then your chances of getting the dealer to pay for satnav to be installed are pretty much zero.

      You have assumed that the car has satnav, and you say that the dealer said it does, but you have no actual proof. Any Mazda dealer should be able to upgrade the system to activate the satnav, but you’ll have to pay for it.

  483. Hi Stuart,

    I have a BMW 435Ci coupe, I recently experienced an issue where the car stalled and refused to start. After some investigation I found that there was a recall regarding the fuel pump listed on the DVSA website:

    http://www.dft.gov.uk/vosa/apps/recalls/searches/search.asp

    http://www.dft.gov.uk/vosa/apps/recalls/searches/expand.asp?uniqueID=B397EC741EC8941580257E51004A9435

    The BMW dealership are saying they have no record of a recall and have contacted BMW directly and been told this does not affect my car. My VIN number is one that is listed in the attached, so I cannot see how this can be the case. The BMW dealership is telling me I will have to pay for the investigation and repair. What are my rights and where do I stand?

    Can I refuse to pay?
    Can they hold my car if I do so?

    I have contacted trading standards and await a call back but any advise you could give would be greatly appreciated.

    Many thanks
    Greig

    • Hi Greig. I would call BMW HQ directly and try to get a definitive answer as to whether your car is on the recall list or not.

      In any case, if the car has a fault and is still under warranty, the dealer can’t expect you to pay for investigation and repair unless it’s a problem not covered by warranty (and it doesn’t sound like that would be the case).

  484. I bought a used 2014 Kia Cee’d diesel with 48,000 miles on the clock four days ago from a main dealer £8,000. Since buying the car I have driven the car approx 320 miles from their showroom, mostly motorway miles. Since taking delivery I have noted the following.

    Firstly, the gearbox – the gearing especially one, two and three are extremely difficult to get into gear. It is far from a smooth gear change and it is instead extremely clunky, not something that you would expect for a 3-year-old car. This has become evident as I have driven it over the last few days.

    Secondly, the hydraulic clutch is very heavy, again this has become noticeable once driving more.

    Overall, there is something definitely wrong with the gearbox/ clutch mechanisms. I have driven a 2013 diesel Kia Cee’d with 67,000 miles at a garage today – and they are night and day in comparison. There is a serious issue developing here.

    Thirdly, I had previously asked if this vehicle had been crashed/damaged. I now notice that there is considerable overspray on the inlay of both front doors on this car. This was not disclosed when asked. This was not done in the Charles Hurst garage as they refused to spray the car paint work for chips/scraps and instead fill and polish. So this car had been damaged before – Finally, a minor issue considering the other issues – a plastic piece on the seat that I noted on delivery was not repaired properly has come off as soon as I was home.

    I believe that this car was not sold in a reasonable condition considering the age of the car (3 years old).

    The issues with the gearbox/clutch will get considerably worse. At the moment gear change in the low gears is extremely difficult to select. This should not be the case on a car that is 3 years old with 48,000 miles – unless there is a serious fault developing.
    The garage has given a full 3-month warranty on the car “In the unlikely event you have an issue that affects the running of your car, we will repair or replace as necessary.
    As you are aware, Kia have a good warranty, however, you now have an additional benefit for the 3 month period commencing today 1st September 2017. miles unlimited for this period”. Also, it passed their garage inspection – clutch/ gearbox all in green. Where do I stand with my rights? I am not happy with this car.

    • Hi Andy. You will need to find out, probably from an independent gearbox specialist, exactly what the problem is with the gearbox or clutch so you know whether it’s a significant or easily-repairable problem. If it’s a minor issue that’s easily fixable, you won’t be able to reject the car.

      The previous repair question is a very grey area, unless you have a written declaration from the dealership that it has never been repaired (which I’m guessing that you almost certainly don’t). Therefore, you can’t prove that you asked the question and were told otherwise.

  485. Hi Stuart,

    Update on the issues regarding the 2006 hard roof convertible with 68000 miles costing 3750£.

    Previously I had roof leak, wiper water pressure low, cracked windscreen and wing mirror loose. Went to the dealer, got wiper water pressures fixed, roof leak was told fixed but problem persists, got 125£ back for fixing wing mirror and windscreen myself.

    Took the car to a local garage to fix all things but before that got a basic inspections done. Report said both front and rear console bushes separated, CV gators split which would cost 360£ plus tax. So called the dealer again who said he will check and the cost of replacing should be half of what my local garage quoted.

    Also the next day driver side door card came off. Looked like it was glued before.
    Halford was running free cambelt check and safety check, so got a free check from them which reported: front coil spring is broken and rear disc is badly corded and worn close to minimum thickness, which halford quoted around 600£ to replace along with coil spring. And the cambelt around 600£ but with local garage should cost me around 400£

    All this faults coming up within 250 miles of drive (out of which 120 miles just travelling back and froth to the car dealers place) and within 20 days. Is it really worth replacing all this which would cost me easily around 1500£ and not even being sure whether the car will hold up or would I be in the right to reject this car?

    Your thoughts are much appreciated.

    • Hi Mike. You are certainly having a lot of niggling problems with the vehicle, but none appear to be worthy of rejection themselves. It’s an 11-year-old vehicle, so each of the problems could easily be argued as normal for age/mileage. You seem to have chosen a car that has many issues rather than a few, but unfortunately you can’t normally work on a cumulative basis to equate several minor faults to one major fault (unless you have a very good lawyer).

      The most likely candidate would be the leaking roof. If you have already formally rejected the vehicle and their attempted repair has not worked, you can move to reject the vehicle. If you haven’t already given written notice to reject the vehicle, the dealer will be entitled to one more chance to fix it.

  486. I bought a car from a dealer. (SUNNY WEATHER) Noticed the exhaust was loud and the breaks had feedback. Within 4 days I took it to another garage. He said the rear of the exhaust has a hole in it and the ABS needs a look at. Told the garage and they kindly fixed it. New ABS rings and a tail pipe. Tail pipe not under warranty they said but did it anyway. (could this all happen in 4 days I ask you) Sunny weather gone, now rain. I noticed a leak. So bad had to put plastic sheet over the bonnet and windscreen. Told the garage again the said ‘not covered under warranty, but bring it back.’ This is costing me fule to the tune of £40 round trip. Got car back and on the way home it chucked it down with rain. Hey leak still here but worse now 2 places. (have photos and videos) Told them again and yes’ not under warranty’ was told to bring it back. Another £40. Is this a car not fit for purpose? I call it my SUMMER CAR as I can’t drive it in the wet.. All the other stuff ABS EXHAUST didn’t just happen in four days and all I did was to drive it home. The leak, I would presume was already there given the other two things. Just it was sunny and funnily enough didn’t subject it to a to torrent of water before I drove it away.
    Please how do I stand I’m within 6 months and it’s cost me £80 in fule so far with another £40 if I take it back yet again.
    Regards
    P

  487. Hi I brought a used automatic car from a dealership in May 2017 had it 2 weeks and had to be recovered from rac , it needed a new gearbox which took the garage 4 weeks , then 2 weeks later gears wouldnt stay in place get going into another gear some wires had severed they repaired this , had it back 6 weeks and was recovered by Green flag as wheel bearings had gone on one side again this was repaired.

    This has left be nervous to drive the car in case something goes wrong by premiums for recovery will increase net year because of having to call them out , I need a car for my job as a workplace assessor am i being unreasonable in asking for a refund as I have been off sick with anxiety one of the reasons due to the car as I need it for my job they are fed up of me having to take annual leave to get it repaired etc

  488. Hi Stuart, I have purchased a second hand car which was sold as one previous owner. The V5C gas now arrived showing 2!! I have raised this with the garage who have said error at DVLC. DVLC say they have no knowledge of any error. I have advised the garage i wish to retiurn as the vehicle is not as described and have heard nothing from them.
    I suspect returning under the CRA isnt as straight forward as it should be. Do i just return the car ,V5C and keys and wait for payment ? will the only way to get my money back be following a long and expensive legal route? Do you have any advice on how to return and negotiate a refund? The car cost £9500 and there was a £3000 part exchange presumably the gargage should refund the whole £9500 as my car has now gone? thanks for any help

    • Hi Philip. If the car is not as described, then you are entitled to reject it for a full refund.

      That doesn’t mean that the dealer will play nicely. If they refuse to accept your rejection (which you need to put in writing), then you will need to take action to try and enforce it – this may mean an Ombudsman if the dealership is signed to up an Ombudsman system, or most likely legal action.

      To have any chance of success, you would need to have proof that the car was advertised as “one previous owner”. Even then, there’s no guarantee that a court would side with you – that’s the nature of court cases. You may be better off negotiating some compensation from the dealership rather than go down the rejection path.

  489. Also the private seller went into a garage to have the lights fixed before the mot , the garage refused to touch the lights and said they needed replacing ,

  490. Hi , I bought a car on the 16/08/17 , I rejected the car less than 48 hours later as it broke down , I’ve since been advised the car has many faults i.e. The lights are dangerous and could set on fire any time , I have proof of this , I bought from a private seller . My question is is it worth taking the private seller to a small claims court , he won’t give me my money back ! I payed £4500 for the car from eBay but payed cash as this is what the seller wanted , the seller also stated in his listing that I had 14 days to return the vehicle , thanks in advance

    • Hi Lindsey. If it’s genuinely a private seller, then you are tilting at a windmill to try and get anything back. You could try eBay’s dispute resolution service, but the only feedback I’ve heard about that is that it’s not that great.
      If it’s a dealer masquerading as a private seller to try and avoid legal obligations, your chances are much better as this is illegal behaviour. Private sellers don’t normally offer you 14 days to return the car, so that raises my eyebrows…

  491. Well whats the warranty for then? If the manufacturer wont cover any expenses or replace a faulty car, why do they sell it with a “warranty” at all?

    • A warranty provides cover for a certain level of faults, but it’s not necessarily that comprehensive (especially if it’s a used car warranty). A used car does not have to be sold with a warranty, but the vehicle does have to comply with legal requirements.

  492. Hello. I got a brand new vehicle six weeks ago. It has developed a problem with the 5th gear sticking when taking it out of gear. It does not happen all the time, but say every 7-10th time. So it was hard to pinp point if it was me or the car. In the last week it got worse and got worse when the car got hotter. I immediately took it back to the dealer who confirmed it was either the clutch or gearbox and they well have to strip it out to look at it. I am not happy they they are stripping my new cars engine and possibly the gearbox too. This could manifest problems later. I dropped the car at the dealer today to have the repairs done. Last week when they confirmed the problem I wrote to their head office from their contact us form. The dealer got a copy, but none their got the message. The dealer sent me on a persons contact details. I wrote to them a few minutes ago outlining the problem. I don’t want to reject the car, but just want them to replace it with another brand new one. Can I make such a request?

    • A new car warranty is there for the manufacturer to replace any parts that are faulty, and will often mean pulling other components out to do so. If everything is done properly, there should be no problems with them removing the gearbox and clutch, or even the engine. Some cars require the engine to come out for a major service anyway (not many, granted).
      If the fault is isolated to a specific component and the rest of the car is fine, you will struggle to convince the manufacturer to replace the entire car under warranty.

  493. Hi Stuart,
    I purchased a new Porsche Macan diesel earlier this year and within 2-3 months it developed DPF issues. It went in for repair but the problems continued and the dealership has now agreed to a replacement car.The issue I have is that since us purchasing the original Porsche and the new replacement being delivered the road tax has gone up significantly.When we purchased our original car, Porsche was well aware that were ordering the car to miss the new road tax increases as this was stressed to them by us on the delivery date several times. We are saying that due to the faulty original car we should not be liable for the increased tax on the replacement vehicle and Porsche should fund this, both the upfront amount and on-going increase. Your thoughts pls?

    • Hi Jason. If you are rejecting the car under the Consumer Rights Act, then the dealer is only obliged to refund the original purchase price. However, given that you have agreed a replacement car, you are probably outside the bounds of the Act, and therefore you can negotiate whatever you like with the dealer or manufacturer.
      Legally, I’m not sure that there would be any obligation to cover any increase in road tax, but I would suggest visiting the forum at Legal Beagles or consulting a solicitor.

  494. Thanks for the reply Stuart.
    I failed to mention that the dealer got the MOT a day before giving the Car.
    Car also didn’t have much power for washer for water to clean the windscreen.

    Are this things not recorded/checked in the MOT? MOT didn’t have any advisory which is suspicious to me.
    If I give the car for AA inspection and/or get an MOT done again after a weeks time and it fails (Excluding windscreen which I am sure will fail) will I be in a better position to rejecting this car?

    Thank you for taking your time to replying.

    • Hi Mike. A large crack in the windscreen would almost certainly be an MOT fail, but as I said previously, it’s hard to prove that it didn’t happen after you took delivery. It’s even harder if the dealer has a clean MOT dated one day prior to delivery.

  495. Hi I bought a 2012 plate Range Rover Westminster on June 1 st this year, I made sure I bought from a Land Rover approved dealer as I wanted the extra 2 yr warranty. After one day I found many faults which I was surprised as used Land Rovers are put through a stringent 165 point check inspection.
    One of the faults was a foot long fraying of the driver’s seatbelt (surprised it passed the MOT with it) The car went back to the dealer and the faults were corrected. Just short of 2 weeks later other faults appeared so I took it to a different Land Rover dealer for advice, they said they were shocked by the car’s condition and doubted it had been put through the 165 point checks and advised me to report the garage to Land Rover head office which I did the same day.
    I also sought legal advice and was advised to call the finance company which I did also, I sent them all evidence of damage and faults etc and was told it could take up to six weeks for the matter to be investigated. In the meantime, I must have called Land Rover customer care at least twenty times but to date still no further as I want them to explain how the car could have been sold to me in such a poor condition.
    The finance company got back to me last week and said that the garage had told them all initial faults had been corrected which is true however the other faults haven’t! I pushed the finance company to agree to pay for an independent inspection on the car as I had no faith in the dealer as I believed they may have cut corners so needed to know my car was safe. My car had a health check and body work inspection last Friday, it took 4 hours and the conclusion was the front brake pads approx 80 – 90% worn, front brake discs heavily worn and lipped. Rear suspension both rear shockers damp plus wipers are worn, damage to paintwork and trims loose, bumper trim hanging off and all four locking wheel nuts corroded plus other bits n bobs. I am gutted!
    I have been told not to go far in the car as it is dangerous, I am awaiting a call back from the finance company hopefully tomorrow but do I have a right to reject this car or must I have it repaired?
    Many thanks
    Suz

    • Hi Suz. It definitely sounds like you should be able to reject the car, but because you have had it for more than 30 days, the dealer is entitled to one attempt to fix the problem(s) cited in the rejection.

      To reject the car, you have to have specific issue(s) that make the vehicle faulty. A growing list of smaller issues can’t be added up to equal one big issue.

      Any repairs that you have had to date will not count as attempts to repair under the Consumer Rights Act if you have not formally written to the finance company to reject the vehicle. Therefore, the dealer will have one more chance to fix the fault(s) before you can finally reject the vehicle.

  496. Hi Stuart,
    I bought a used 2006 (hard-roof) convertible from a car dealer on 12th Aug 2017 with 15 month warranty . I did not do my home work before buying this car properly as the dealer hoodwinked me in getting this car.
    After a day of driving and properly checking I found the roof to be leaking, front windshield has a big single line crack just near the wipers (which covered the crack) and the left wing mirror not working properly and some minor issues which I can manage.

    Do I have any rights to reject this car as this won’t be fit to drive during winter/rainy days and the cost of replacing a cracked wind shield is huge?

    How should I processed? as I am afraid the dealer might say this is expected from a 11 year old car and might just only fix the roof leak and put the burden on me to fix the rest.

    • Hi Mike. I would have thought (I’m not a lawyer) that a leaking roof would be a fairly fundamental problem, but it probably depends on the extent of the leaking. It’s certainly a common problem on several hard-top convertibles from different brands. It may be that a realignment from a franchised dealer will fix the problem – the roof is a bulky and heavy thing, so it’s easy for it to slip out of alignment over time and that may be enough to let water in.

      A cracked windscreen is difficult, as it is usually caused by impact damage. Trying to prove that it was like that when you bought it and didn’t happen after you picked it up is not easy.

      If the wing mirror is physically attached but simply not adjusting electrically, you are unlikely to have any joy using this as a reason to reject the car at this age.

  497. Hi I bought a Nissan Juke from Holdcroft and after around 30 days the car cut off while driving all electrics went out and I went to the dealer for them to check it anyway it came back fine and was working normally then a few more weeks later it happened again but wouldn’t even start something major electrical.
    The RAC came out couldn’t find anything obvious so did a major reset then it started and cut out on the way back to the garage it then started and I delivered it to Holdcroft Nissan they plugged it in the computer and showed no faults then they rang and said the bloke who was checking it went to go to it and the doors wouldn’t open and the boot did and when he shut the boot the radio came on like a mind of its own anyway I’m wondering now can I reject the car or what can I do as I don’t think I want it back after only two months of ownership
    PS it’s bought through finance

    • Hi Luke. If they can’t work out what the problem is, it’s a fair sign that they can’t fix it. Yes, you should be able to reject the vehicle. You will need to go through your finance company (it’s their car), and the dealer will be entitled to one chance to fix the problem after you formally reject the vehicle (their last attempt doesn’t count as it wasn’t part of the rejection process).

  498. Hi Stuart
    Thank you for getting back to me.
    Yes the vehicle was advertised with a sat Nav. I have this evidence clearly stating car with sat Nav.
    However the sd card was missing. The Sat Nav is integrated.
    Can I still pursue to reject?

    Thanks
    M

    • Yes. If a car is advertised with a certain feature, it is perfectly reasonable to expect that the feature would be fully functional.

      Realistically, this is an easy fix so if the dealer agrees to provide a suitable SD card, you will probably have to accept it rather than pursue a rejection.

  499. Hi Stuart,
    I bought a nearly new Audi from an Audi dealership 5 days ago under their ‘Audi Approved’ scheme. As the car was brought to a local dealership from another one in a different part of the country I was heavily reliant on the detail and photos included in the dealership’s online advertising specific to this car, which I trusted as it was an Audi dealership. I paid £18k + p/ex my old car vs the dealer’s initial £19k list price.
    Although I really like how the car both drives & looks there are a number of features that were listed under my car’s ‘standard equipment’ on their website which I have subsequently discovered are absent. These include the ‘Audi Connect’ infotainment package on the vehicle’s MMI (when I enter my vin on Audi’s site it event tells me immediately that my vehicle is incompatible, turns out my version of the MMI is too old); to use the advertised built-in sat nav I would need to buy maps for £600; the advertised option of a ‘Rain & Light Sensor Pack’ providing intelligent automatic wipers & lights isn’t installed; the 2 advertised USB ports are not installed as are front/rear mats. Even the swish looking Audi chrome ashtray/cupholder container (RRP £40+) which features in their photos of the car has since been removed! Excluding the maps, if I was to have these items retrofitted I estimate that it would cost about £2k without labour.
    On their website is a disclaimer saying that although the dealer endeavours to make sure that the info on their site is “accurate & complete” they are “not able to guarantee the accuracy of that information”. As they are approved Audi dealers I fail to see how they could reasonably claim not to know they had made mistakes in their advertising, especially when it comes to standard equipment.
    My question is, would I have grounds to reject the vehicle due to the inaccurate advertising I have described? Also, as mentioned, I do like the car so an ideal solution would be for them to retrofit and replace the missing items/equipment, obviously at their expense. Is this a reasonable expectation please? Thanks, Martin

    • Hi Martin. If the car’s specification is not as advertised, then you have the right to reject it. Your preferred solution of the dealer retro-fitting the required extras is probably not going to be acceptable to the dealer, as it would cost them too much money (and may not even be possible).
      They will probably try to offer you another car rather than give you a refund, but you are better off getting your money back and then looking for another car. If that happens to come from the same dealer then great, but don’t limit your options to whatever they can source.

  500. Hi Stuart,

    I’ve bought with Hire Purchase a 3-year-old VW up! approved used car at a VW dealership a week ago. When I brought it home, the brakes started squeaking to the point that people in the street look up to see what’s wrong with the car. I took it back to the dealer and they said there is nothing they can do as it is the type of brake pads the car has that is making the noise. When I test drove it, there was no noise. Now it is there, especially at lower speeds.
    The dealer says the only thing to do is to clean them and that it will cost me as it is not covered by warranty. Can I request a new set of different brake pads to be fitted under the warranty? I really don’t like the prospect of having a Hire Purchase going on for two years for a nearly new car that I am ashamed of using the brakes.

    • Hi Patricia. If the pads are new, then this sort of noise will probably go away as they wear in. ALternatively, it could be relating to the valeters cleaning the car and getting cleaning products all over the brakes.

      Take the car somewhere quiet and apply the brakes several times in succession to see if that helps. If not, then go back to hassling the dealer to say that it’s unacceptable. A Volkswagen dealer should only be fitting approved Volkswagen parts, so there’s no reason for the brakes to squeal under normal operation.

  501. Hi Stuart,

    I’m after some advice (assessing my options at the moment). My wife bought a 6 yr old estate (with approx 52k miles) at the end of April, however it was back at the dealers by the start of June for an excessive oil consumption problem (1L per 140 miles by my calc). They have had it ever since. It was to go to the main dealer but because of their mucking about its only there in the past few days. Although they haven’t told me what’s wrong yet there is a known issue with the engine type that usually requires a new engine.

    In the meantime they put my wife in a Renault Clio, however to allow us to go on a prebooked holiday they swapped it out for an estate. At the last minute they changed their minds and instead of giving us one of their cars they put us in a hire car, and we were told to keep it until ours was fixed.

    I’m assuming that if they can’t / won’t fix the issue, the oil problem should be grounds to reject the car?
    Would they be able to offset the cost of the hire car against any money due back to us? It might just have been more convenient to give us a hire rather than from their own stock, but even at corporate rates it must be costing them a lot (and I don’t expect to see ours back for several weeks) – am I just being paranoid?
    As we haven’t discussed rejection with them, does their ongoing attempt to fix count as their one chance under the act, or would I have to give them another go when/ if we formally reject?

    Thanks
    Gary

    • Hi Gary. I would have thought that it would be sufficient grounds to reject the car (as long as it’s not a silly situation like a loose sump plug or something that’s easily fixed).

      Once you formally declare your intention to reject the car under the Consumer Rights Act, the dealer has one chance to fix the problem. Given that they have not fixed it yet, if you formally reject the car now then the current repair will presumably count as their one shot.

      As for the loan car and any deductions made for use during your ownership, that’s all a matter of negotiation – the Act does not provide guidance.

    • If you are rejecting the vehicle under the Consumer Rights Act, it is the dealer’s obligation to collect the vehicle. If you still want the vehicle but want them to fix the gearbox, then it’s entirely negotiable.

  502. Hi Stuart hope you’re well, I’ve been to collect my brand new car today and everything went well at the dealership. The car didn’t look like there was anything wrong cosmetically as it had been out in the rain, it was still raining when I drove away…
    However, when I pulled on to my drive I had a closer inspection and noticed some deep scratches in the bonnet which look like they’ve rusted.
    I spoke to the dealer immediately and they’ve told me to bring it back, what should I expect them to do as I feel I should get a replacement bonnet and not a respray with the car being brand new?
    Also should I be asking for any compensation or any free accessories for the inconvenience?

    Many thanks

    • Hi Shaun. The rust won’t be structural, so the dealer is likely to refuse to replace the whole bonnet and instead offer to repaint it.

      Unless there is a structural problem with the bonnet, they won’t have to replace it. In fact, dealers are entitled to repair minor cosmetic damage or repaint panels on new cars without telling the customer if the car is damaged before delivery. And that happens a lot…

  503. Hi Stuart, and thanks. Effectively the car is in the midst of a 2nd attempt at a fix now, (a week and counting…) so it would be interesting to see how ‘another attempt’ would be interpreted in the case of a hypothetical rejection now. Could they keep banging away in the workshop for another couple of weeks…months…? No reference has been made to warranty at any point, so it’s accepted that car wasn’t fit for purpose as sold, and that this is the same not a separate fault. Confusing!

  504. Hi. I bought a van and the gearbox has gone within the first couple of days. The garage have offered to fix it but said I need to get it to them. The van isn’t drivable, I heard it is their responsibility to collect it? Please help

    • Hi Dave. If the vehicle is for business use rather than personal use (which most vans are), then the Consumer Rights Act does not apply. You’ll have to negotiate with the dealership.

  505. I should have made it clear that the error messages in question are fairly fundamental – i.e. the sophisticated LR terrain response modes are disabled, hill descent disabled, ‘traction reduced’ , etc. In short the stuff that makes a LR a LR are non-functional and effectively it’s operating in 2wd. Happens each time the car is warmed up, in normal road cruise.

    Plainly not fit for purpose as purchased, IOW.

  506. Hi there,

    What a useful column!

    My query is (+/-) a follow-up to Marjorie’s (13 February 2017 at 2:21 pm) i.e. the relationship between exactly when the fault was notified and the 30 day and 6 mth rejection cutoffs, and thence the financial terms of any refund.

    Essentially, I bought a car (Land Rover Freelander 2) from a dealer (main dealer group ‘supermarket’ outlet) on 22/3/17 and almost immediately noticed and notified 2 problems, a slipping clutch and a cluster of transmission-related error messages. The car was returned for assessment on 27/3 and after a bit of kerfuffle both were confirmed and addressed and a courtesy car provided (for 4 wks, ready after 3 but I was on holiday – 30 days elapsed during this period.)

    New clutch & flywheel fixed first, new Haldex ECU unit apparently fixed second. Promptly spent significant £ on a LR tow hitch & loom.

    10 weeks later second fault reappeared (not uncommon, apparently), identical symptoms and acknowledged as recurrence (not new fault) by dealer. Currently in LRMD shop again, fault confirmed and under ‘trial and error’ fix regime. My faith in a robust permanent fix is weak.

    Can you confirm that notwithstanding pre-30 day initial fault confirmation, my options as of now fall within 6 month ‘final rejection’ terms and that I’d be down to haggling over refund for the 13 weeks out of 18 that I’ve actually had use of the car? My concern obviously is an apparent fix at 2nd attempt that unfixes itself yet again after the 6 months statutory (and warranty) period has elapsed and my position is much weaker.

    Any advice / clarification appreciated.

    Regards,

    Richard

    • Hi Richard. In cases that have so far gone to court, it has been successfully argued that the Consumer Rights Act is separate from any warranty repair work.

      So if you want to reject the car now (four months after buying it), the dealer will be entitled to one chance to repair the fault – any previous repair won’t count if it wasn’t conducted under the process of a vehicle rejection under the Act.

      You can argue with the dealer about it, and they may agree with you and accept your rejection. But if they know the law or refer it to their lawyers, they are likely to insist on another chance to fix the fault.

  507. Hi Stuart, I purchased an Audi A4 on the 5/7/17, came with 6 months warranty from used car dealer. had it 2 days and noticed was a knocking noise coming from it after it had been a run, next day it went into limp mode. took car back to dealer they thought was a sensor and told me it was fixed, knocking noise got worse i now know its the dual mass flywheel and it also went into limp mode again, can I ask for a full refund?

    • Hi Lee. I would have thought that a dual-mass flywheel failure within two days would probably be sufficient grounds to reject the car. You haven’t the car’s age or mileage, but a DMF is expensive to repair so it is likely to be serious enough to consider the vehicle to be faulty.

  508. Hi Stuart, took a bit advice first then phoned garage and it’s all turned out well as they took my car back straight away and offered me cash or a great trade in price on any car in their showrooms. I took the trade in option as garage owner was truly sorry that I ended up with a car not worthy of his standards ……am happy at that.

  509. Dear Stuart

    On 02/06/2017 I purchased, and took delivery of a Ferrari F 355 on 13/06/2017.

    On receipt of the vehicle I discovered that it was not of satisfactory quality:

    Following approximately 15 minutes of driving, the gear box and suspension warning lights came on and the speedometer stopped operating. I was only able to select reverse, first and second gears. The warning lights reset themselves when the car was turned off and the fault once again became apparent whenever I attempted to move away, each restricting the car to second gear only. I immediately recovered the car to my home address informed the supplying dealer of the problem. At the dealer’s request in an attempt to rectify the fault I took the car to a local garage and replaced the battery and a requested that an independent inspection be carried out. The new battery did not cure the problem and the car still has the same fault.

    During the inspection, the local garage also observed that the windscreen drivers side arm has broken away from the main body, thus making the unit ineffectual in regards to its purpose whilst driving in inclement weather.

    The supplying dealer offered me the opportunity to take the vehicle to a garage of their choosing which would be at considerable expense to myself as the car is unroadworthy in its present condition for the reasons stated above. The garage suggested being in excess of 200 miles from my location means I would have to pay around £600 for a transporter and driver both ways. I offered a compromise by using a dealer closer to my location, this was rejected out of hand immediately.

    I declined the offer as I felt it unreasonable especially as I had already attempted one repair of the vehicle in regards to the purchase of the battery and did not want to accrue considerable further potential expense to myself moving forward in regards to transportation costs.

    The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. Despite several attempts to avoid court action, I cannot get resolution.

    Two questions if I may.

    1. Having produced an independent engineers report am I legally obligated to allow the dealer to inspect the vehicle? if so at his expense and at my home address as the car is unsafe to use on the public highway. I do want him to be in both possession of my money and the car given his stance to date. Their bond of trust has been irrevocably broken.

    2. At what point do I take court action? I feel I have carried out all my pre-court obligations other than the granting dealer’s inspection. I feel that if I allow this, they will attempt a repair which is against my wishes.

    Thank you

    Dean

    • Hi Dean. You can reject the car under the Act, but the dealer will want to inspect the vehicle before agreeing. You are entitled to insist that they collect the car at their expense, which they would need to do anyway after agreeing to a rejection. You can’t really insist that they refund your money before collecting the car.

      You can initiate legal action at any time, if you prefer to have the matter handled by a lawyer rather than by you personally. However, if you try and take the dealer to court without providing them the opportunity to inspect the car first, you are compromising your chances significantly. The dealer will be within their rights to inspect the vehicle before agreeing to a refund – they don’t have to take your word for it. The car remains yours until it is signed back over to the dealer, which means you need to insure it and it is ultimately your responsibility until the V5C has been signed over.

      Bear in mind that you are talking about a car that is 20-ish years old, so a court will be very lenient when it comes to allowing for repairs rather than rejection.

  510. Hi Stuart
    I brought a 2nd hand car from an independent dealer 3 days ago. When we first looked at the car it had a problem with the clutch so we asked them to put a new clutch in before we bought it which they did. So the car was purchased and we brought it back only to find out it had an oil leak. It didn’t have a leak when we went to look at it.
    Took the car to my own mechanic to have a new timing belt fitted (as we had no information on when it was last done or even if it had ever been done) and he said the oil leak was coming from the driveshaft and would have been caused by damage to the oil seal when fitting the clutch. The leak is significant enough to cause concern over how much oil is actually left in the gear box.
    I have spoken to the dealer about the problem and I have offered to get the problem fixed locally by my own mechanic providing the dealer refunds the cost to me (£50). It will save a lot of time, fuel and messing around getting the car back to the dealer which is 46 miles away.
    My question is: Who is responsible for getting the car back to the dealer if they want to repair it themselves? Am I entitled to ask them to come and collect the car or is it up to me to take it back to them? I don’t want to reject the car and get a refund as it is otherwise a good car. But, If I were to reject the car, is it reasonable to ask for a refund on having a new timing belt fitted or is that a cost I would have to bear?
    Thanks

    • Hi Eira. If you don’t want to reject the vehicle, then responsibility for collecting/returning the vehicle is simply a matter of negotiation between you and the dealer.

      If you are rejecting the vehicle under the Consumer Rights Act, then it is the dealer’s responsibility to collect the car. You can’t claim for any costs like the new timing belt unless it was agreed with the dealer beforehand.

  511. Hi. I purchased an Alfa 159 Ti 1.9 JTDm on Saturday 22nd July. I traded in my Chrysler 300C and paid by debit card for the balance. It was raining heavily so it was difficult to check the bodywork but I took it for a test drive. The dealer was in a town location so the max speed I could get up to was 40mph but all seemed OK on this drive (about 4 miles).

    I paid the balance, sorted out 12 months tax, purchased a GAP policy and changed my insurance and then took the car home. The MOT was valid until Feb 2018 with no advisories and it showed a full service history in the book.

    Travelling home, once I got over 60mph, the steering wheel violently started shaking but I just assumed that the tracking was out or the wheels were not balanced as it looked like they had just been refurbished. So I travelled home at just under 60mph (130 miles to home) and all seemed fine with a careful drive).

    The following day I topped it up with diesel and took my wife out to do some shopping so wanted to do a more spirited drive. When putting my foot down, the revs went up to 4,000 instantly but the car did not accelerate and this happened quite often. At one point I had to brake hard at 70mph and the steering shook. The cat started to slow but then the harder I pressed the brakes, it did not slow anymore which was quite scary.

    Also the amount of soot coming out the back of the exhaust is excessive. My previous 2 diesels were clean on the exhaust because of the DPF. When we got home I took off one wheel and checked the discs and they had a rather large lip on the outer rim and a large indent towards the centre showing excessive wear.

    I have it booked into a garage today at my expense to have all these issues looked at. The clutch slipping would be a faulty clutch and DMF and these are not cheap on an Alfa. I am waiting for a report but I believe I have grounds to reject the car based on the above. The annoying thing is I traded a spotless and faultless 300C.

    Do you have any advice before I move to reject the car as I’ve lost all confidence in it – even if the dealer agrees to pay for all the repairs.

    Thanks

    • Hi Lance. You will need to be very clear about which problem(s) you are using as cause to reject the car. If minor repairs like wheel alignments and brake disc machining will fix the problems on a used car, a court would allow that rather than agreeing to a vehicle rejection.

      A problem has to be significant enough to render the whole vehicle faulty. You probably have enough there to reject the vehicle, but you can’t just add a bunch of minor problems together and call it a big problem. You will need written advice from an independent party to say that the car has a significant problem that can’t be easily repaired.

  512. I purchased a brand new 66 plate Ford Fiesta ST Line in December 2016, since then I have had nothing but problems with it. I purchased the car on a purchase hire agreement with ford. Problems I’ve encountered are:

    1, drivers door leaks in rain at the seal – they have agreed to fit new ones – but only after repeatedly turning up at the Ford branch when it was leaking
    2, tyre pressure light continuously on – there was a fault in the main board
    3, losing power when pulling away, feels like it pulls back on me – the brakes were binding so the wheels were not turning hence why it wouldn’t move properly – they have stripped the brakes down and made alterations
    4, squeaky brakes at less than 6000 miles – this was due to problem 3 apparently
    5, passenger seat (its a 3 door) would click when returning it to the upright position to allow my children in the back only to find when I drove it would the whole seat would slide forward- upon them investigating this they have instructed me that the drivers seat has now locked in position and cannot be moved. They have ordered new seat bases for both seats and cannot return the car back to me until this is fixed. I was advised it would take 3+ weeks for the parts to arrive. I expressed my concerns that I do not feel safe driving this car.

    Where do I stand legally with this vehicle, i have no faith in the quality of the car, it is clearly not fit for purpose. They have provided me with a basic courtesy car but I am paying a large amount a month for my car.

    Any advice would be very much appreciated.

    Thanks

    • Hi Louise. You are beyond the six-month period to reject the car with relative ease. You can either try to reject the car as not fit for purpose (which will be difficult and will probably require professional legal support), or work with the dealer(s) to have all of the problems resolved under warranty.

      There is no provision for a courtesy car in your hire purchase agreement or your vehicle warranty, so it’s entirely a matter of goodwill and good customer service. It does not have to be a comparable vehicle to your own.

  513. Hi Stuart

    I purchased a vehicle a few days ago The vehicle was cash bought paid in full from a franchise recognised dealer. The vehicle was a technology pack version.

    I was promised and assured by staff that this vehicle had a fully working integrated sat Nav system including an updated sd card which is needed for some models enabling the Sat Nav to display full maps etc and would only be provided if the sale was to proceed.

    All car showrooms remove this card containing maps as it is a key part of the Sat Nav and therefore without this the system is of no use. All cards are looked away and kept out of sight as it is a highly desirable item. All cards are provided and fitted into cars once payment is received.

    Once all payment and documents were finalised and the car was being prepared to be driven away by myself I was assured all checks were adequate and the Sd card was provided.

    To my disappointment I noticed there was no sd card and therefore I could not use the Sat Nav on my drive home. I returned to the car showroom immediately and requested the sd card. After a frenzy it was revealed that the vehicle does not have an sd card. The sales representative that sold the vehicle was no where to be seen.

    I was told to purchase it myself.
    I was extremely disappointed and now feel I was mis-sold this vehicle.

    The next day I spoke directly to the sales representative whom sold the vehicle to me after numerous messages left.
    The sales representative somewhat agreed a mistake and admitted the most important feature to me the Consumer, was ‘a working satellite navigation with a sd card’.
    But stated if it had a sd card it would have been listed on the document which contained details about the vehicle where the MOT and services was stated. How strange is that?

    However she stated there was nothing they would do further other than advising me to purchase myself.

    I asked to speak to the manager, was put on hold for a while, passed to various members of staff and then notified that the manager will contact me within 10 minutes; he never did.

    Few days later spoke to the sales manager and he stated nothing could be done from their side and also stated I should buy directly.

    I would like to know what I am legally obliged to do. They’re refusing to purchase from a reputable dealer and refusing to reimburse me. I was willing to be compensated just with them providing a sd card now I just want a full refund. Please advise

    Thanks
    M

    • Hi Mari. If the car was advertised as having satnav, or you had written confirmation from the dealership that the car had satnav, or a checklist on your delivery paperwork that specifically mentions satnav, then you are within your rights to demand that a working satnav system be provided – or to reject the car for being not as advertised.

      However, if all you really have is a verbal promise that the car came with satnav, then it will be a difficult argument to win.

  514. Hi Stuart, I purchased a Vauxhall Meriva 11 plate from a dealer in Feb 2016 and the car has been fine until I received a letter about a product safety recall (outer pre-tensioner) and work was to be done free of charge.
    When the remedial work started they found some problems …..Both front seat air bag pre-tension wiring was cut and by-passed preventing pre-tensioners to be connected, on further investigation both front belt seat pre-tensioners had been deployed which would possibly indicate the car has had accident impact damage ………no mention was made to me about car being in an accident and surely the garage should not have sold me the car as the seat belts were not fit for purpose. I would have known nothing about this until I got a recall or worse still had an accident myself ….how do I stand?

    • Hi Colin. You are well outside the normal six-month provision of the Consumer Rights Act, but you are also making a very serious allegation about safety equipment being disabled. You should consult a solicitor to assist you with proceeding, as this is not something that you would be able to spot pre-purchase or during normal driving.

      It’s entirely possible that the dealership that sold you the car had no idea that the car had been tampered with, but professional legal experts will be able to help you work through the issue.

  515. Hi Stuart, just bought a BMW 120i from a BMW dealer on the understanding the engine was 2 litre. When I was arranging insurance to travel abroad I was informed that the engine size was 1598cc. Clearly I was given the wrong information by the salesman which helped me to purchase. What comeback do I have in this instance. [The car drives well and looks good (it should) but it is not exactly what I thought I was buying.] Doo I have consumer rights which could put BMW under obligation to me? Bernie

    • Hi Bernie. It will depend on what you have in writing. If it was a new car, the sales literature should have spelled out that it was a 1.6-litre engine. The sales contract may also have contained the engine size.

      If you are relying on a verbal assurance from a salesman that it was a 2.0-litre engine, there’s not likely to be anything you can do (unless you can get the salesman’s agreement that he mis-sold you the car!).

  516. Hi Stuart, I bought a Porsche Macan from a dealer in central London and took the car back to my home in the Channel Islands, where I registered it. Within 3 days the car had a suspension fault warning, and after calling Porsche Assist on 5th day their recovery agent determined the car was undriveable had to be sent to nearest Porsche repair agent on sister island. They collected it for repair 5 days later. It’s now 27 days since purchase and I don’t have the car back (advised to expect it back in two days). The customer service and entire car buying experience as been very poor and left a bitter taste. Do I have grounds to reject the car for a full refund on the basis of the faults and bad service? Does exporting the vehicle present any complications with my rights (the export was facilitated by the selling dealer). Local dealers have been fine but communication by Porsche as a whole has been appalling and thoroughly unprofessional. Thanks

    • Hi Alex. I’m not sure what your legal rights would be in this situation. I suggest you get in touch with a solicitor to assist you in working through the case.

  517. Hi Christopher/Stuart

    I’m having the same problem promised satnav in a tech pack SEAT Leon but not fully functional as additional items need to be bought only told this after payment.

    Help!

    Please let me know how you got on legally.

  518. Hi Christopher
    I know it’s been some time since your complaint/problem when buying your vehicle but I’m having the same problem where I was promised a fully working sat Nav.

    Have you had any success? Please let me know
    Thanks

  519. Hello Stuart, I purchased a used Peugeot 308 [ 2014 year, with 21k miles ] from a local Peugeot dealer, later I noted that the car has some creaking metallic like noise coming from the back of the car. I phoned the dealer and booked a Peugeot technician inspection, the Peugeot technician told me that this is a known manufacturing defect and no solution is available to fix this. I then asked and sent an email to the sales manager and had a meeting with him to discuss/ explain why the defective car was sold to us and nothing was told to us at the time of selling.! He simply ignored my email and told me he knows better than any other expert and he firmly believes that he has not done anything wrong! my question is what are the options available for me on this? the creaking noise was not highlighted to us when we did the test drive and on making a google search I noted that there are many like me! Can I have the right to reject the car? He mentioned that there have been no immediate solutions available and the company is aware of the issue, all we have to do is wait! My question is do we have the option to give the car back within 30 days notice period?? OR what else can I do??

    Please can you advise? the 30 days will be ending on 26 July! Thank you in advance, Jani

    • Hi Jani. A creaking noise is not necessarily enough cause to reject a vehicle under the Consumer Rights Act – it will depend on what is causing the noise and whether the entire car can be considered faulty.

  520. hi i purchased a Mercedes-AMG C63 2014 from a dealer advertised with main dealer service history when i viewed the car i asked if it had full service history was told YES when i picked the car up asked where the service book was he told me it’s all in the folder in the glove box i trusted him i had no reason not to very respectable high end car sales however several weeks went by i looked for something in the glove box and noticed there was no service book i called the dealer and they informed me that i had no reason to worry on Mercedes Benz it’s all digital i again asked i could only see one service sheet for 2016 he again told me that it had full service history it wasn’t till several months later I went to px it in for a new Range Rover Sport I was told by the Land Rover dealer that when they checked its history it showed it had missed its first service which considerably reduces the price on the car, in fact, they refused to take it now i have a car that i can’t sell without losing so much money and if i had been aware of the missing history i would not of purchased it the dealerships website states they guarantee all aspects of a vehicles history any advice thanks

    • Hi Adam. The car will definitely have a digital service history, so you should check with a Mercedes-Benz dealer yourself rather than relying on the Land Rover dealer’s assessment. Any dealer should be able to give you a full printout of the car’s history. If the first service is not shown, I would suggest contacting the selling dealer to see if they have any records of the car being serviced (it does happen that the database isn’t updated with the records now and again).

      In terms of going back to the original seller to reject the car, it will depend on what the original advertisement says, or anything that you have in writing from the dealership. Verbal promises are meaningless.

  521. Hi Stuart, Thanks for your response to my problem, The dealer agrees with me that the problems where there when purchased, and that the problem returns once the paint gets hot, and the polish washes off. They have had the car now for nearly 9 weeks, and I’ve had 1 of their demonstrators. As to painting the panels, it would mean a total respray as its on all the panels, except the bumpers, and I don’t feel that is acceptable on a brand new car. I don’t have faith due to the fact that the marks get masked by being polished, and then re-appear.

    • Hi Nick. I think you’ll need to get some professional legal advice, as you could be in for quite a fight to get the dealer to take the car back under the Consumer Rights Act.

  522. Good Afternoon, could you provide me with some advice on how I would go about rejecting a new Ford Ranger I have purchased from Hendy Ford Fareham as ever since taking delivery of this vehicle I have experienced numerous problems with it and have now lost confidence in the car. I have raised these concerns with Ford as and when they first became apparent, their response has been to state that they cannot issue a partial refund or compensation as they lack the facility to do so but may be able to look at a good will gesture when all the issues are resolved. I am not happy with this response as I use this car for travelling to and from work it is becoming an extreme inconvenience as I would expect a new car to be free from manufacturing defects.

    Ill fitting Tonneau Cover and seals – Seals are creased and require re-fitting and in some places have been stuck back down poorly and are starting to lift again.

    Purchased the vehicle to drive around for my business and wanted the extra space a pick up truck provided so that we could go camping and use the load bay for our equipment and baggage. Despite discussing this with the dealer, we were at no point advised that the tonneau cover is not completely waterproof and the brochure describes it as ‘helps to protect you equipment from dust and rain’. I am now left with a vehicle that I cannot use for the sole purpose we bought it for, if we had known this I could have just bought a car to drive around for my work.

    The front parking sensors are faulty, despite the dealership attempting to repair this it still goes off intermittently for no apparent reason with gaps of approximately 6 ft or more to the car in front.

    There is a high point under the roof rail seal, which the dealership have looked at and stated that it is a manufacturing fault and that I need to take the vehicle to a body repair shop to get this rectified.

    The doors are significantly not flush with each other making the car appear as if it does not fit together properly.

    The engine or something is braking the vehicle when full or nearly full steering angle is applied when in 4WD mode., enough so that I can go into neutral on a slope and the vehicle will not roll when the steering is straightened.

    Adhesive residue remains on car in several places which became evident after the car was washed for the first time. I can only imagine this is from stickers or films fitted during transport.

    Rattling noise is evident from dashboard / instrument display area.

    The vehicle was purchased on 12/05/2017 and was first taken back to the dealership approximately two weeks after receiving it.

    Could you please advise me what the next steps are that I need to take, and whether I am entitled to a refund of payments already made or whether once I inform the credit company (Ford Credit) that I want to reject the vehicle I have to continue to make payments.

    • Hi Jamie. If you reject the vehicle under the Consumer Rights Act, the dealer has one opportunity to fix the problem before you are entitled to proceed with the rejection. This means that any work that has been done previously does not count, as you have not been going through the rejection process. You will need to formally advise the finance company that you are rejecting the vehicle, and you can’t cancel your direct debit until the matter is resolved.

      As to whether any of the issues are sufficient to warrant rejecting the vehicle, it’s difficult to say. You will probably need some professional legal advice so that you can work through each of your specific issues to determine whether any of them are significant enough to reject the vehicle. Most of the points you have raised are likely to be considered minor or cosmetic, which is not enough to reject the vehicle altogether. Many of these issues are simply poor build quality rather than a faulty vehicle.

  523. Hi Stuart , Just a thank you for all that you have done for us , Everything turned out as you explained with a happy result . Judith x

  524. Hi Stuart, I am in much need of your help!

    So basically I bought my first car recently from a dealer on autotrader. It was advertised as 65 bhp and 60,000 miles. I found out later it was 55hp and 67,000 miles, but as I was in dire need of a car so I bought it anyway. Now I have found out that one of the rear doors don’t open from the inside and also the clutch seems very clunky. I am going to get it checked out by my mechanic friend, if there is a problem with the car would it be wise to pay for the fix or reject the car under the 30 day return policy? I would very much appreciate your feedback as I find myself to be in a bind.

    Kind regards, Rish.

    • Hi Rish. The rear door issue is probably not enough to reject the car – it’s probably a relatively simple fix. If it’s not a simple fix, you are only likely to be able to reject the car if you can show that you use the rear seats all the time and it is impacting the car’s ability to do it’s job.

      As for the clutch, it will depend on whether it being “clunky” is a fault or not. The Consumer Rights Act is there to protect buyers from cars that are inherently faulty, not cars with minor faults – especially used cars.

  525. Hi Stuart,
    Please help me get this sorted, as its really getting me down.

    On Tuesday, Phil, an engineer from BMW came down to Marshalls to inspect my car.
    Marshalls car valets had done a wonderful job of polishing the car, and because its black and we were in very bright sunlight it was very difficult to see the problems with the paint, despite me and the MINI Marshalls manager, Allan, explaining they were there, and pointing to some, he said he couldn’t see them.
    1 big mark that was very obvious, he said they were caused by ‘Bird Lime’. His whole demeanour was very dismissive and didn’t really want to listen to what he was being told.

    I then went to the MINI showroom, where the MINI Manger explained that they would swap the car for a new one, at no cost to me, and I could pick it up this Friday, or Monday.
    Then I got a call on Wednesday morning from MINI customer satisfaction team, to check I was happy with this.

    But today I got a phone call from Allan, at Marshalls, to say that MINI didn’t accept there was any problem with my car, and they cancelled everything.

    So I now really need your help, as the car still has 30-40 marks which a paint shop I know has told me is water trapped between the paint and lacquer, and I really don’t have any faith in the car anymore.

    • Hi Nick. It will largely depend on what you have got in writing to say that the dealer will swap the car. If it’s simply a verbal promise then it’s worthless. If you have a written promise to swap the car, you can hold them to it.

      Unfortunately, it’s only a cosmetic problem and claiming that you “really don’t have any faith in the car anymore” won’t get you anywhere. It will still work perfectly well. Your best bet for a positive outcome is to demand that the offending panels are repainted, and that’s if you can prove that the paint imperfections were there when you bought the car (assuming it’s a new car if it’s a used car then your chances are pretty much zero).

  526. Thanks.
    My bank told me it wasn’t there area of expertise aand to try Citizens advice, who were useless.

  527. Hi,
    I’m after a bit of help. I bought a second hand car from a small dealership, which had a fault on the way home, To cut a long story short, the seller didn’t respond to emails and texts, and then the premises was emptied a few weeks after. I have now pushed through a chargeback so i have my moneyback. I am now stuck on to what to do with the car?? I know that although it is in my name, legally it is not mine. How long to i have to hold it for for them to retrive it, If i get no reply tyo my letters etc…. Also on company house, the directors have changed etc although the registered address is still the same

    • Hi Steven. I suggest getting in touch with your bank to see what they advise. Legally, I don’t know what you are obliged to do – I suggest you visit legalbeagles.info and see if anyone there can assist with some legal guidance.

  528. Hi Stuart – Could you please advise on this problem?

    I bought an old Toyota Yaris (120000 miles) a week ago from a local garage and after a week’s driving, there was a rattling noise coming from the exhaust area. When I took it to a different garage, they informed me that the exhaust pipe was hanging down as the hangers were badly corroded and that the fuel tank would have to be removed in order to fix this issue. On top of this, they told me that the front brakes were ‘binding on’ and that the car should not be driven unless these problems were fixed and the calipers reset/adjusted. The car had an MOT in May with no advisories and had only accumulated a further 20/30 miles by the time I bought it.

    The 2nd garage advised me it would cost in excess of £800 to fix (more than the car is worth) and that I should contact the garage who sold me it in order to fix these issues. When I did this, they were very defensive and suggested the exhaust was fine when I paid and that I must have driven over some speed bumps too quickly. They eventually agreed to look at the car again but I’m a little apprehensive about what (if any) work they will do to fix the problem. Could you advise me on the best course of action and my rights in terms of getting my money back.
    Thanks in advance

    • Hi Sean. If you have a written report from the second garage, you should be on fairly solid grounds in rejecting the vehicle. You need to formally write to the dealer and reject the car under the Consumer Rights Act 2015. The dealer will not necessarily accept your rejection, in which case you would have to seek legal advice or contact the Ombudsman if the dealer is signed up to the Ombudsman service (they’re probably not).

  529. Thanks for replying, I have email the garage asking for them to repair it properly this tjem and in failing todo so I will then reject the car

  530. Hi Stuart , I have been on the phone to citizens advice today and they said exactly what you have said here and I can tell you that if it wasn’t for you in the first place we would have been up creek with out a paddle I can not thank you enough and will spread word of your site , It is very very informative ,And by sharing on the forum I hope others benefit from your expertise and advice . Here is a recent letter from the garage when I informed them of my right below , Just for your records ,,
    the law also! I would only conduct business in a way I would expect to be dealt with myself.

    We did delivery the car to you within the deal which you accepted from the delivery driver. If you had said you wanted to try the car first I would have understood your situation more.

    We delivered the car to you when you requested. And you were happy with the car as per the emails you sent Simon.

    We will indeed have to learn from this. I do know that Citizens advice would advise a arbitration service and im sure and there would be a deduction for time with the car that is for sure.

    I want to get this situation resolved so I will return the money to your bank if you give me you bank details.

    This will be done when the car is collected by immediate transaction.

    If you don’t have the Registration Certificate yet I will withhold £250 until you get that as without that I cant sell the car as it is registered to you.

    When you receive that you will be able to notify the sale to the DVLA and recover your road tax. When you have it if you scan and email me a copy I will send you the £250 on the basis you send that you send that to me recorded which I trust you that you will.

    Please advise me when the car is not being used and I will arrange for the collection company to collect it.

    Regards

    Lance Coaten

    Thank you Stuart I will be in touch Judith .

    • Hi Judith. Glad it’s been resolved correctly. The dealer is entitled to withhold £250 pending the return of the registration document, as he can’t do anything with the car until he has that back.

  531. Thanks for your reply! But is it not too late to reject the car in the invoice it says the 6 of June does that then mean I have to the 6th of July? Or will it be extended cause he was fixing it for 2 days?
    Thanks

    • The initial 30 days starts on the day you take delivery of the car, but you can deduct any days when the dealer had the car in their possession for repairs – so if they were fixing it for two days, then you can add two days to your deadline.

  532. Hi Stuart , Thanks for your reply and I can not thank you enough , I finally had a response of the small dealership garage today , Big sigh ……… Basically he has said I can have my money back ,,, BUT ! He wants me to cover his costs with delivery and assuming collection costs of £420+ vat (£504) Total . And a administration charge to deal with this of £250 , Basically he wants out of the £18500 we spent on the vehicle he said he will either give you £17998 if i take the vehicle back or £17746 if they have to collect the car from me . Plus he wants the registration document back ……He said I feel this is a fair conclusion as we have only delivered the car in the first place at my request and he has had to pay to get that done ………./ This I received today 03/07/2017 Monday …….. Now in the beginning when we was looking for a car and seen this vehicle up for £19000 reduced , I put an offer to him in for of £18000 with delivery , He said no he couldn’t sell for that price and he would sell for £18500 with delivery . Which I agreed the price of £18500 with delivery . (Can not find the info on that but it is the truth ) That the deal was £18500 with delivery . He wants the money back for delivery he is saying because I requested it ??? And wants to charge for picking it up ?? I didn’t have any cancellation policy and any copies what so ever . And I still haven’t . I didn’t agree to paying for anything . I do not want to go back to him now I am so close to getting my money back and upsetting him for any reason unless I am one hundred percent right . What do I do now Stuart . Again I can not thank you enough . Also if I manage to take the vehicle back , How do I then know he will pay me ? I had to pay him before he delivered , So does he have to pay me before I do (If I have to deliver it back that is ) ? Or is he lying to me and he has to pick the vehicle up and pay any costs himself for getting the vehicle ready ? Does he owe me a FULL refund of £18500 or like he is saying that his offer is ‘ Fair ” …. He also said he has never come across something like this before and is doing me a favour …?
    Letter in full below as best as I could print .
    Good Afternoon,

    Sorry for the delay in replying but I have been out the office and wanted to take advice on this as we have never been in a situation like this before.

    There are differing views as to the rights of cancellation. The Regulation for a distance sale is with a seller that offers a organised distance sale or service provision scheme. Whereas we only do this as a one off to assist customers.

    With that said I wouldn’t want you with a car that doesn’t suit you but there have been costs incurred on the car to deliver the car to you which was at your request and we contracted that with a delivery company which cost £210+VAT.

    The return would no doubt be the same with fuel. The car has also been registered to you which again will impact us as that will have devalued the car.

    I have read your correspondence and spoken with Citizens Advice as well and we are within our rights to negotiate the purchase back to take these costs into account.

    With the delivery and assuming collection costs of £420+VAT(£504 in total) and a administration charge to deal with this of £250.

    Based on your purchase price of £18,500 we will either give you £17,998 if you bring the vehicle back to us or £17,746 if we collect the car from you and the Registration document is with the car.

    I feel this a fair conclusion as we have only delivered the car to you at your request and I have had to pay to have this done.

    I will await your reply.

    Regards

    Lance Coaten

    Director
    //////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
    Thanks Stuart ….. Judith ..x

    • He is not entitled to do what he thinks is “fair”. Assuming that you have complied with your legal requirements and are exercising your legal right to cancel the vehicle purchase, he is obliged to pay you a full refund (£18,500, according to you) and either collect the car or pay for it to be returned to him. That’s what the law says.

      You are obliged to hand the car back in the same condition as when you bought it, and you will need the V5C back from the DVLA. He is obliged to pay you back in a reasonable manner (anything beyond 28 days would probably be considered unreasonable). If you want assistance in terms of arguing the matter with him, you will need to get yourself a lawyer to help you secure what you are rightfully owed.

  533. Hello Stuart I recently bought a 2010 SEAT Leon off a small dealership first time in my life thought I had a good car to my name but problems started to occur firstly the central locking broke, went back and got that fixed, then the clutch started making noises when idling etc so I brought it back again and told him all that was wrong and he heard the noises. He said ” all cars make that noise and said there’s nothing wrong with it” I knew there was something wrong so I went and got a second opinion and they said it was the flywheel I then brought it back to him the 3rd time and he agreed to fix it which I was a was great, however I have the car driving and it’s actually got worse and I don’t know what to do I bought the car in the 6 June 2017
    Thanks

    • Hi James. You are still within your initial 30 days, so you can reject the car if you feel that the car is faulty (which is not the same thing as having a fault; the car has to be fundamentally unable to do its job properly). A major clutch/flywheel problem is probably significant enough (there’s no defined list of what is considered a suitably significant problem), but don’t assume that the dealer will automatically accept your rejection.

  534. In addition they have called me back and priced the repair work at £931. They have said as a good will as it is outside of the 3 month warranty (we bought it on the 11th March) and that there is a £300 limit on a warranty claim,then they will carry out the repair for £631.

  535. Hello, We bought a Citroen C4 just over 3 months ago. In the first 3 months we have returned it for repairs under the 3 month warranty on 3 occasions, it has been with the garage for approx 15 days in total. These faults include error messages in the display such as faulty gearbox, parking break faulty, anti pollution system faulty and a faulty boot lock. They appear to have fixed most of these although we do still receive ‘faulty gearbox’ on occasions but it resets when you restart the car. They said most of the errors are from the ECU and erroneous messages but have replaced the battery and the fuel pump We are now outside of that 3 month warranty and started hearing a whining sound. I took it to a local garage and they advised that the turbo is about to fail and needs replacing for £900, the Car cost £4000. I have rung the garage to speak to them and they are going to call me back. I am not sure what is the best option now, whether I should look to reject the car or see if they repair it, also as I am out of the 3 month warranty is it likely that I will have to pay for the repair?

    • Hi Paul. The collection of electrical faults are probably significant enough to be grounds to reject the vehicle under the Consumer Rights Act (there is probably an ECU gremlin somewhere). However, given that you are outside your initial 30 days, the dealer is entitled to one chance to fix the problem. Because they have already worked on the problem under warranty, the dealer can argue that they have not used their “once chance” as provided under the Act. However, you should not be putting your hand in your pocket to fix the problem if you are rejecting the car under the Act.

      The turbo issue may well depend on the definition of “about to fail”, as that implies that it is currently working. You will need an unambiguous report from an independent specialist if you are using turbo failure as reason to reject the vehicle.

  536. Thank you Stuart , If you hadn’t said I would be non the wiser , Still waiting for a reply from the garage , We sent letters (recorded ) and e-mail , We asked for a reply ten times then they said we are seeking advice their end ? I still have the vehicle here ready to go back and haven’t used it , They didn’t give me copies of anything and the only thing we signed was when the delivery man asked for us to sign something for the garage , We didn’t have time to read it as he was off to his next drop , We were not given a copy of that either . They didn’t give us their returns policy or cancelation policy ? Its Monday the 3rd July 2017 now . We told them 7 days after delivery on the 28th June 2017 that we would like to cancel and get our full £18500 back . And we are still waiting ….

    • Unfortunately, it’s fairly common practice to drag for a dealer to drag this out as long as possible. You can lodge a complaint with Trading Standards or see if the dealer is registered with an Ombudsman (it’s not compulsory), but usually the best way is to become the most annoying person in the world – call the salesman/sales manager/dealer principal twice a day, every day until they get so fed up with you that they process the refund to make you go away. If it’s a franchised dealership, complain to the manufacturer.

  537. Hi Stuart. Please can you help?

    If the dealer carries out work to fix a problem on a used car within the 30 day warranty does that void my right to request a refund? Im really hoping you can help and get time to read this….so many sleepless nights. Feel a refund is not ridiculous request but maybe im naive. Any steer wld be so appreciated Stuart.

    On sunday 4th June went to see a Landrover Discovery 2 (51 plate) with just over 57k on the clock at a Dealers specialising in 4x4s down the road where they were asking £5k Last MOTd feb 2017. We had arranged a time and when we turned up the engine was already running and the dealer was polishing it up. I opened it up and looked inside…as i put my hand on the passenger seat it felt damp. I looked up to the sunroof then along the tops of doors inside. Could see tidemark on paasenger side top of door (above window) and around visor. Asked the dealer if the sunroof had been leaking and he said no. Then i found kitchen roll in rack of visor and pulled it out….he quickly snatcced it off me and said oh thats old thats old….it hasnt been leaking. We spotted a few other funnies that needed sorting and he said he would sort all that.

    We agreed to buy the jeep on assurance the roof didnt leak and he fixed the funnies. When we collected the jeep a week later (sat 10th)the engine was running and heaters on full blast….
    All funnies had been sorted. Paid. Drove home. The following day (11th) realised neither horn buttons on steering wheel worked. No horn! Rang them immediately. They suggested i take to my local garage and see what they say as “prob just a fuse”.

    Our garage was really booked up with mechanics on hols etc so it was 2weeks before they could see the jeep (26 June) I kept the dealer informed. By this time id noticed the front interior light did not work. Our garage told us the jeep needed a part, the steering wheel wld need to come out, airbag disengaged etc and not just a fuse. It was too late to ring the dealers that day but the next day when i got in to drive it there was water dripping into the inside from everywhere….water above both front doors soaking the material and dripping onto seats, water dripping through interior light and sunroof opener, soaking wet seatbelt and dripping through seatbelt case (where belt come out). And water drips from both visors. Had to stop and put a coat on to keep dry as everything very wet. When i got home i rang AA (as the dealer has an AA Dealer Promise arrangement with them) for advice as to what exactly the Dealer Promise really means and stands for and to check the dealer was actually registed with them. He is. And AA told me i can either request a refund or ask the dealer to fix it and that they cld mediate. On 28th Tried calling dealer. Chap we have been dealing with wasnt in. Left message with his colleague and we said we wanted to return the vehicle. The next day (29th) the dealer rang and after my husband explained about all the water coming in through the electrics etc and the horn and his concerns that it was not safe for his wife and children to be in the dealer aggressively told my husband we would never get our money back. He didnt care who we spoke to they werent a hire car company and literally said “i’ll tell you whats going to happen….you will bring it back and we will fix it”. He initially baulked at the suggestion of providing a courtesy car (their garage is a two hour drive from us) but later then rang back to say he wld sort a car to use. After such a horrible bullying experience i again rang the AA who advised i was in my rights under consumer rights act to request a refund as it is still not 30 days since we bought it. She suggested i speak to citizens advice and that she wld lodge it as a complaint and once we take legal advice they wld investigate the dealers code of practice.

    I spoke to our local garage for prices for the work to maybe save having to face the dealer again but they told me the dealer should be the one carrying out the work as we’ve only just bought it and its under warranty but that i was in my rights to request a refund and i shouldnt have been sold a car with no working horn for a start. The dealer rang back to say je cld book jeep in to have sunroof mended.

    The next day (30th)checking the jeep for more water inlets etc i foind the passenger footwell saturated and the door seal on the top of the boot was dripping water into boot. Rang dealer, told him of these issues….passed it off as sunroof leaking and seal on boot door needing a clean. Told me i had to expect these things with an old car..”somethings youre just going to have to live with unless youre prepared to spend more money”.

    Very next day (1July) jeep giving loud squeak turning to right from drivers side….wheel area? And when i got home and switched engine off heard a noise of water behind dashboard…sound of end cycle of flushing loo….i had just done a round trip of 8 miles…with a 10min break at 4 miles to dropy daughter off at a party!

    Rang and left a message this morning Sunday 2nd July about the squeaking and water noise.

    Our plan is to speak to our solicitor in the morning and take it from there.

    Your thoughts and advice wld be much appreciated.

    Kind regards
    Poppy

    • Hi Poppy. Yes, you should be able to reject the car under the Consumer Rights Act as the car would appear to be faulty (as opposed to simply having a fault). It can be difficult to successfully reject an older used car, as faults and problems are to be expected on a 16-year-old Land Rover Discovery (they were not very well built to begin with!). Definitely speak to your solicitor, as it will help to make sure you have the best chance of success.

      And although it’s not helpful now, your should have seen the warning signs with this car right from the very beginning – a damp interior and visible signs of leaks, car running before you arrived and heaters blasting, paper towel to wipe up puddles, etc. Never believe a dealer’s word ahead of your own eyes and gut feeling.

  538. Hi Stuart,
    My son saw a car at a garage 12 days ago and took it for a test drive, after careful consideration decided to purchase it providing that certain repairs were carried out this was all arranged verbally.
    He paid a £250 deposit but was verbally told this was refundable if he changed his mind. They said the car would be ready in a week. The garage rang a few days later and said it wouldnt be ready and needed more time. My son decided to cancel the purchase as the garage seemed to be making a lot of
    excuses but they are refusing to return his deposit saying it is non refundable. Is this actually the case considering there is no signed contract? My son has an emailed receipt of his deposit.
    I would be most grateful for your comments.

    • Hi Elaine. If you give a car dealer without anything in writing that spells out what it’s for or whether it’s refundable, you are simply asking for an argument. If your son kicks up an argument with the sales exec, sales manager and dealer principal (as applicable) for long enough, he should eventually get his money back. But next time, never give a dealer money without written guarantees. Have a read of our Ten Golden Rules for more information.

  539. Further to my post above, mt son has informed me that the garage are replacing the bearings and charging him £215 for labour- they are going 50 50. There is no warranty as just sorting the bearings. Is this acceptable? Thanks

  540. Two years ago, my son bought a 63 plate Ford Focus Titanium estate car from a Ford garage on 3 years finance arranged through them. Apparently there was only 18 months warranty so the garage have said.
    Issue now is that the gearbox has gone. He took it back to the garage and they originally wanted £400 just to open the gearbox to confirm that it definitely is the gearbox but after a bit of chew have taken it apart, taken photos to send to Ford themselves and have confirmed to my son that the bearings have gone (I think that’s what he said). The garage has ordered the parts but it’s still not clear who has to bear the cost of this and putting it in the car.
    The car itself has only got 40000 on the clock so the gearbox should not have gone so soon surely. I have read that in Australia and US that Ford has increased the warranty on the gearboxes of certain Focus models from 3 to 7 years due to issues with them but I’m not sure if its the same in this country.
    Anyway, there is still 1 year of finance left to pay so what should he do? I have told him not to pay anything at all but he needs his car for work and has already been without it for nearly 2 weeks. Any advice please?

    • Hi Carolyn. The finance and the warranty are not really connected. If the car has a failure outside warranty, the onus is on the customer unless you can show that there is a fundamental fault in the vehicle. There are various reasons the gearbox bearings could have failed, and it could be caused by the driver as much as the manufacturer.

      It is entirely fair for the dealer to charge for time spent investigating a problem – if it was under warranty, the dealer would charge the manufacturer for this time. Usually this investigation cost would be taken out of any overall repair cost if you choose to proceed with fixing the fault.

  541. Hi Stuart,
    I bought a used car from a small dealer 9 days ago. The day after I got the car home I discovered the second key was not working and on opening the key up to change the battery it was found to be physically damaged.I then made contact with salesman who told me to email pictures which I did . I then received an email back saying they were prepared to contribute £100 to the cost of the replacement key. I then priced up a new key at £248.50 from the main Nissan dealer and emailed the dealer to say I am not willing to pay anything towards something that I have not broken myself. The dealer has since stopped replying to my emails. Can you please tell me if I have a right to the full cost of the key or if I can reject the car.
    Thanks

    • Hi Darren. I would say that your chances of rejecting the whole car based on one of the keys not working properly are slim. You can certainly negotiate with the dealer about the cost of replacing the second key, but you’re unlikely to be able to force the issue any further.

  542. Thank you Stuart , I am still confused , So basically I can reject the car with in 14 days and they have got to give my full money back ? I paid a deposit of 500 pounds firstly over the phone , Then they wanted 18,000 paid by last Tuesday , I took delivery on Thursday 22nd/06/2017 . I I explained the clutch is burning in reverse , And I didn’t have a test drive . So can I say to them now I changed my Mind its not what I expected in a vehicle ? And that’s it ? Or will they say no ? Have they got to do this by law ? And what can I show them ? Can I copy and paste what you wrote to me to send to them ? Then they will know I know my rights ? Thanks Stuart I am very thankful , And to reject the car with in the 14 days I have until next Wednesday 5th July ? Will an e-mail be ok to tell them this for records ? And I need any excuse as to say it is not what I was expecting out of a vehicle ? Sorry to keep on Stuart but I do not want them threatening me saying I am wrong ?

  543. Hi I bought a car on Saturday the 24july.
    7 hours later the car broke down and RAC couldn’t repair. I had the car towed to the garage on Monday and asked for a refund.
    Am I entitled to a full refund or do I have to wait to see what the problem is first.
    Dealer claims he has 30 days before he has to give a refund.
    Wayne

  544. Hi Stuart

    I bought a car on May 24th 2017 from a dealer 170 miles away, I contacted the dealer 23rd June to tell them i had been pulled over by police on motorway for too much smoke coming from exhaust, they asked me to get it in to a garage to find out what the problem was, couldn’t get in until 26th June, told a DPF filter had been removed and car re-mapped ( illegal to drive without this) have contacted garage back who have agreed to fix but expect me to travel to them, they are refusing to use a garage local to me, does the 30 day guarantee still cover me as i contacted them within 30 days? Am i expected to travel with car to them and pay for this myself? Can I expect them to get the car fixed at a garage local to me? Can I still reject car?

    Any help would be appreciated

    Lee

    • Hi Lee. You are now outside the original 30 days, so if you want to reject the car then the dealer is entitled to one attempt to repair it.

      As far as I am aware (and I’m currently not in the country and not able to check easily!), the Consumer Rights Act does not specify whose responsibility it is to have the car returned to the dealer. The article above will have a link to the Act itself or you can browse through some of the other comments.

  545. Hi , I was wondering if you could help me please , I bought a Kia Sorento 2014 64 , 20 miles , full service history with one service free from the previous one owner who took out a three year service deal . I bought online as the dealer was up country from me from south wales . They sent me a video of the car and all looked ok , So we did a deal that included delivery , 18.000 pounds . Paid through my bank to theirs . Delivery day came and it was delivered last Wednesday July 2017 by the plates man who delivers and collects around the country , He took photos and mileage and got me to sign paperwork , I didn’t even have time to look over the vehicle or test drive it . It wasn’t until the Friday we took it out for a drive and on returning to our home which is in a terraced row on a steep hill that the problems began , When we tried to reverse in between our neighbours cars both sides of us we had a terrible burning smell in the cabin from the clutch . It was so bad it made my children feel sick , We got them out and my husband tried to reverse the vehicle and he to was met with this terrible smell , He is disabled ex HGV driver . I worried and e-mailed the dealer we bought from stating it wasn’t up to the job of reversing in a gap uphill and I have lost confidence in the vehicle and asked if I could have an exchange , I meant to say reject the car but I was upset and flustered and wasn’t thinking . The next day they e-mailed me back saying ‘ Yes I could part exchange for a different vehicle or I could take it to a Kia dealership ”? Which I agreed to do , Yesterday Monday 26th July 2017 , A fitter from Kia test drove the car and said there was a small of burning coming from the clutch and he put in a Issue note for an advisor to get back to him , And that he would contact me in one to two days with their findings , I thanked them and headed home . There is another issue that its a little clunky from first to second gear but the fitter said that’s how they are made ?? Because its a heavy suv he said ?? On returning home I e-mailed the dealer to say Kia had to call an advisor and I will not know anymore until today or tomorrow , They e-mailed me back to say that the vehicle was ok as far as they knew , And he had googled Kia Sorento reversing problems and he said that there are others with the same fault out there and it is Kia’s problem ?? What do I do now if Kia says there is a problem ? I am worried sick ?

    • Hi Judith. Firstly, since you bought the car sight unseen online, you have 14 days from date of delivery to reject the car for any reason. As long as it is in the same condition as when you took delivery, you can get a full refund. For more information, have a read of this article about changing your mind after buying a car.
      Secondly, if the car has a significant fault, you can reject it within 30 days under the Consumer Rights Act for a full refund. The question of whether the clutch is faulty is probably a matter of debate, so if the dealer refuses to accept that there is a fault, you will need an independent opinion from another garage.

  546. Hi Stuart

    I am writing as a seller not buyer. I sold a car 3 days ago and in the advert I stated the heating wasn’t working and for the car it was I sold it really cheaply as it had no MOT either. The guy came over asked if it was over heating we said we don’t think so as we fixed the thermostat and run it for around 45minutes and it seemed fine but as stated in the advert the heating was not working and we weren’t sure wether the two things where connected. He spent quiet some time looking at the vehicle online we agreed on the price of £300 but once he looked at the car he said he will only pay £200 which I was fine with and accepted.. The guy has now got back to me saying the car over heats and the water pump is broken and the cambelt is gone and when he went for a service the car died and won’t even start anymore. The water pump was fine a month prior when we where changing the thermostat as that was the first thing we checked but the cambelt he did not ask about at all and we weren’t even sure if it was ok or not. I sold the car for only £200 pounds now this man is saying that I need to give him money for the repairs or reimburse him and take the car back. I was just wondering if with this consumer act he is correct even though the known faults that we knew about we have informed him off or not? Should I take the now completely non runing car back and give him his money back?
    Thank you

    • Hi Natalia. For £200, I don’t think the buyer is going to have too much to complain about – especially if the car was advertised and sold with a heating problem and no MOT (I assume he took it away on a trailer?).

      It may be the easiest way out of the situation to give him his £200 back and take the car back. You are not obliged to reimburse him for any other expenses. If in doubt, get yourself some legal advice from an industry lawyer.

  547. Hi Stuart, My Mini Cooper D, which I picked up new years eve 2016, has a paint problem in that there are at least 40-50 marks which I’m told are from where they wrap the cars in plastic once they’re painted. Unfortunately, mine was still wet [ or something]. The local Mini Center took it away for 17 days, ‘Mopped’ it, without using any water, so it now has the original marks, and machine marks all over it. The sales manager is trying to get Mini to accept me rejecting it, and has ordered me a new one due for delivery next week. My question is, over the last 5 months I’ve made all the monthly payments, should these be repaid to me, otherwise I’m paying 5 month payments twice, as the new contract will still be for 48 months? Or should I just accept this as they are not asking for a payment for the miles I’ve driven [5,000]?
    Thanks

    • Hi Nick. If you are rejecting the car under the Consumer Rights Act, you are not obliged to take another vehicle and can walk away altogether.

      You are entitled to a full refund minus an allowance for usage/wear and tear. However, there is no legal guidance as to what constitutes a reasonable amount for this, so the dealer will usually try to levy some extortionate amount. It’s all a matter of negotiation.

      In terms of your refund, you will be entitled to all of your monthly payments back, plus your deposit (including the value of any part-exchange vehicle), minus whatever is charged for wear and tear.

  548. Hi wondering if anyone can help. I purchased a brand new Audi A5 coupe from Audi Doncaster last year. The car is a year old but I have only had the car for a little over 9 months. It was the last 3.0 TDI in the country before the facelift new A5 came out. I’m beginning to think it built on a Friday afternoon and completed Monday morning!!.
    Since purchasing the car on a PCP the car has been into the dealership at least 5 times from blowing it’s header tank to serious electrical faults as this weekend the dashboard instruments decided to become a lite up like a Christmas when Audi assistance turned up every controlled module had failed in the car. I’m starting to think that this car may “not be fit for purpose” as it’s not doing the job it’s designed to do. Can anyone help or does anyone have any experience going down the route of rejecting the vehicle or if I even have a case to do this?
    Thanks

    • Hi David. As you are now well outside the six-month rejection period, it makes it more difficult to reject the car as not fit for purpose. If you have a detailed paper trail of the faults and attempted repairs, you may have some success, but I would recommend getting some legal assistance to properly build your case against the dealer and finance company.

  549. Hi,
    My mum had agreed a part exchange deal on a used car from a dealership. After collecting the car on Friday she went to put petrol in and discovered the central locking had failed and therefore the petrol tank flap couldn’t be opened. The garage sent a mechanic who managed to open the flap, but said they’d need to order a part to fix the issue. Mum continued her drive home and after less than 20 miles warning lights appeared on the dashboard and the engine cut off. The garage have collected the car and have said they will repair the issues. However, Mum has now lost confidence in the vehicle and wishes to terminate the sale, receive her old car back along with the additional funds paid, and for the garage to keep the car she had purchased.
    What are her legal rights for such a circumstance?
    Many thanks.

    • Hi Christina. It will depend on what the problem is – if it is a simple fix, she won’t be able to reject the car under the Consumer Rights Act.

      If she is able to reject the vehicle, she will be entitled to a full refund of the invoice price. She is not entitled to her old car back, unless the dealer agrees to that (they may have already sold it on). She is also not legally entitled to any compensation for any expenses she has had in calling out other mechanics, etc, although this is certainly negotiable.

  550. Hello Stuart, I purchased a brand new 75th limited edition Jeep Wrangler. I left the dealership with it and I noticed the carpet was soaking wet so I took the jeep back and they were going to fix it days later I go for the Jeep and now the Jeep has other issues, at this point I no longer want it. Can I get my money back? they wanna do a trade in but I want all my money back and buy another vehicle?

  551. Hi we bought a car two weeks ago and has various fault codes to do with the transmission transfer and differential from two days after picking it up. We asked a local garage to look at it and he thinks there are big problems with parts alone adding up to 5k and that the dealer would have known of the existing faults the fault codes had been wiped clear prior to us buying it assuming we have a case the trader has put on the invoice “sold on a commission basis only” does this affect our rights

  552. Hi Stuart,

    I bought a 64 plate Vauxhall Mokka from Arnold Clark this morning(16/06/17). I have driven 33 miles, and have found various engine oil leaks (found various drip marks on the mono blocked driveway). The car service book has been stamped as having just been serviced, at the mileage that I bought the car with.
    Do I have grounds to reject the car because of this?
    Or should I just ask them to repair and give me a courtesy car?
    On investigation by myself, it is obviously leaking at the sump, but also from another location. Not very happy with them, I haven’t even owned the car for 12 hours yet!
    I traded a car in as part of the deal, and there was no issues with that one….beginning to regret it.

    I plan to take it back to Arnold Clark first thing on Saturday morning.

    Any advice would be appreciated.

    Thank you.

    • Hi Garry. You can try, but you will probably need to know a bit more about the cause of the leaks to make a solid case for rejecting it. I’d suggest an independent inspection so you have something concrete to show the dealer. Arnold Clark doesn’t have the best reputation for aftersales customer service, so you may have a bit of a fight.

  553. Hi Stuart
    12 days ago I purchase a brand new Fiat 500. Yesterday I noticed a dent under the passenger side sill. I had only been out in the car 3 times and that was locally and knew I hadn’t caused it. I took it back to the dealership in the afternoon. Having inspected the car they admitted it has been caused by their ramp before I picked up the car. They want to send it to a body shop to have it repaired and resprayed. I am not happy with this as I did not purchase a new car to have a body repair and respray. I did ask for the car to be replaced and they refused. Could you tell me how do I stand with the Consumer Act?
    Thank you

    • Hi Christine. Assuming that there’s no structural damage to the car, you won’t get very far under the Consumer Rights Act. A cosmetic dent does not constitute a faulty car, as it is clearly still able to fulfil its role.

      The dealer is not obliged to replace the car, although you are certainly within your rights to insist that the dent is repaired. Had it been spotted prior to delivery, it would have been repaired and you would be none the wiser. Minor dents happen all the time in the car industry, as millions of cars are being moved around constantly between factories and showrooms. A dealer is not obliged to tell you if a car has been repaired and resprayed (unless you specifically ask), and it often happens before the car even gets to the dealer if it is damaged en route so they may not even know about it themselves.

      It’s simply part of the industry and it happens all the time. Your car may even have had panels or wheels or tyres replaced if they were damaged somewhere between leaving the factory in Poland and the dealership where you bought it. It has been driven onto (and off of) at least two or three trucks and a ship, it has been inspected upon arrival in the UK, had a pre-delivery service and test drive at the dealership, probably been driven down to the nearest service station to get some fuel, and been moved around the dealership car park, valeting bay and showroom/delivery area. The potential for minor damage is enormous, and it happens all day every day.

  554. Hi,

    I bought a Fiat 500 brand new in September 2015 PCP, the car first went into the garage with an engine light in December 2016 & had been in 4 times thereafter all resulting in no fix to the vehicle. (car was sluggish, would cut out after saying tyre pressure low when it wasn’t…) I last dropped it off at the garage on the 12th April (9 weeks ago) Fiat have called me and told me there is an issue with the car that cannot be fixed, they need to produce a system update, they have admitted the car was sold with this fault, I have been waiting 9 weeks for this software update and they are no closer to fixing my car, the car has not been in my possession since 12th April – I want to return this car as it is not fit for purpose and was sold to me with the fault. What should I do?

    Thanks so much in advance

    • Hi Emma. Rejecting a car outside the first six months is difficult but not impossible – especially if the dealer has admitted that the car was sold with a fault. You will need to get that from them in writing, which could be more difficult than a verbal admission. And then you will need to get some legal assistance to help you make your case.

  555. Hi

    I purchased a 63 plate Vauxhall Antara in May 2015 through Hire Purchase finance from Arnold Clark. Yesterday I heard huge crunching noises and could smell what I thought was gas. I got our local mechanic to come out and they advised it was the transfer box which was damaged so the car is not road worthy at all and Vauxhall quoted him over 4k for a new part.

    He advised we get a recovery vehicle to take directly to a Vauxhall specialist which we have since arranged. I have informed the finance company of the situation and they asked for an update after Vauxhall have looked at the car (26th June). Unfortunately the car is 9 months OUT of warranty but it has only done 32k miles which and we have only covered 10k since we purchased the car.

    Do you think we will have a case to the reject the car via the finance company and can you confirm if we are going down the correct route so far?

    Any help would be greatly appreciated.

    Thanks
    Daniel

    • Hi Daniel. Given that you have had the car for more than two years, I’d say that your chances of successfully rejecting the car under the Consumer Rights Act are slim. It would be very difficult to prove that the car was faulty when sold, which is what the Act covers.

  556. Hi Stuart

    I bought a new Jaguar F-Type in March, it has been in the garage since May 15th (one month) getting the door/roof rubbers fixed. They cannot get both sides to fit, on one side or the other when you wind the window up it is compressing the rubber rather that sliding underneath it. they have had 4 attempts at this so far. The soft top roof has also been repaired as has the centre console air vent.

    They have told me “it is as good as it’s going to get”, I don’t think that is acceptable.when I originally booked the car in the fault was only the rain deflector on the passenger side that was not fitting, at that time both windows fitted into the rubbers with no problems.

    I have asked them for a replacement vehicle or a refund, how do I stand?

    Thanks

    • Hi Mark. It would probably be tough to reject the vehicle under the Consumer Rights Act, as it doesn’t sound like a problem that renders the overall vehicle faulty. If the misalignment is causing leaking, however, it might be a different story.

      Your best option is probably to hassle the dealer and Jaguar head office for a proper fix, as clearly it’s not right and you are correct that it is unacceptable on a rather expensive new car. You have a new car warranty so, if necessary, you should be the most annoying person in the world until the dealer or Jaguar fix the problem.

  557. Hi
    I bought a 63 plate VW Scirocco from a dealer in Bury on Saturday. on the test drive the car was fine when I collected the car I drove it to Liverpool when I was on the motorway the car went into limp mode then the heater plug light came on then the engine management light I had to restart the engine to get the power back are these faults grounds for a rejection and full refund?
    Thanks

    • Hi Kevin. It will depend on what the actual problem is that caused the car to go into limp mode. If it’s an easy fix then it won’t qualify for rejection. The symptoms themselves are not enough; you need to find the cause.

  558. Good afternoon Stuart, I have purchased a Peugeot back in 2015 under HP. I had noticed a few problems with the car starting with an oil leak from the side of the engine. When I collected the vehicle it was guaranteed it was fixed but it wasn’t. It took about 2 months in total for the problem to be rectified. Now back to the same problem again and the vehicle has only done 7500 miles since Sep 2015. As well I have a report from a trusted garage that there is a possibility a poor quality head gasket has been used. I have contacted the finance company regarding this issue and was given a final decision. I was just wondering would I be in the right to refuse the vehicle? The company I had bought the vehicle from has stopped trading. Many thanks

    • Hi Claudia. It’s been two years and the matter has been investigated by the finance company, so your chances of being able to reject the vehicle now are slim. If the repair has only failed now (as opposed to within the first few months), it’s unlikely you would win a court case on the matter.

  559. Hi I have purchased a brand new Mercedes AMG GTS on the 26th May and on the first day I had to get recovery out due to a breaking fault on the car, they came out and cleared the faults. 4 days later the car completely died with no power what so ever and also the breaking fault had come back, the car was recovered into a main dealer and the issue was sort of fixed. Today 6 June the cars entertainment system is playing up where there is no display, the car is also starting to judder from the last fault. I have asked for the car to be rejected and a new one built, is this possible??

    • Hi Mark. Depending on what is causing the fault, you should be able to reject the car. The Consumer Rights Act provides for you to get a full refund on the vehicle price. If you wish to negotiate an alternative settlement, this may compromise your rights under the Act. However, the dealer will probably prefer to order another car for you instead of giving you a cash refund, so you may get a better outcome with fewer difficulties.

  560. Hello Stuart,
    I have an update on the DAB radio problem. Peugeot Technical are claiming the problem is due to poor radio reception.
    Over the 7 months I complained to Peugeot, I sat in 6 different 308 GTis with a salesman and replicated the problem. We also sat in several other types of Peugeot and no other model displayed this problem. Even non-308 models with the same tap unit did not fail. The garage kept my car for over 4 weeks and the courtesy car radio did not fail once.
    DAB radio is designed to transmit several radio stations using the same frequency. Only 1 radio channel out of the many on the same frequency fails. The signal strength displayed on the unit remains high when the channel cuts out. It cuts out more than it plays
    The reason for the failure is technically impossible. They are not telling the truth and are refusing to accept there is a problem. This means they are not attempting to fix the problem.

    It’s there anything I can do?

    Regards
    W. Johnston

  561. Thanks for your advice. Brokers are the ones dealing with it but as of last wednesday the dealers were yet to contact them about it. Brokers said looks like they are going to have to push the dealers on it. I’ve since had an independant report from an approved vw repair garage who has re confirmed gearbox issues, also possible injector problems & there’s still a coolant leak from egr. All which are very expensive repairs

  562. Thank you for response,
    When I try to drive to garage I couldn’t start engine so next day I hire towing, and towing guy told that I have 3 worn tires and I can’t drive on them. Car was one day in garage and they told me that coolant not leaking (I top up almost 5liters) and when car was on my driveway I also notes that ther is less coolant then before.

    Today they told me to hire lawyer or take 3200 which is 1200 less then i payded. I have to answer them tomorrow, and I have no idea what to do.

    • You can try to reject the car, but that doesn’t mean the dealer has to agree with you. If you want to fight them, you will need to speak to a lawyer.

  563. Hi Stuart,

    I bought a MINI Cooper just over a month ago and so may problems are arisen with the car. First the engine management light came on and I had to take it to a garage to find out what was wrong with it.
    Found out it was the catalytic converter. I informed the dealer of this and he told me to go to his friends garage instead as my garage was lying. I went to his friends garage and them confirmed it was the catalytic converter. He called me and said I am taking your car else where to get it fixed as he is asking way too much for it. (His friend) Well it got fixed.
    I had it back for 2 weeks when my car started smoking from the engine. I took it back to my regular garage who found 4 oil leaks on the car. I went back to the dealer and he got it fixed. 1 week after the fixes had been done my car still started smoking from the engine but this time a lot worse and my engine management light came on again. I took it back to my regular garage who informed me that he has not done everything we asked him to in out letter headed print out they gave me to give him. It still had oil leaks and on top of that, they have installed the wrong catalytic converter which is causing a lot of problems. They checked over the entire car and quoted me of the costs to get it fixed properly.
    I called the dealer and he said well I am not paying that so I asked for a refund as they car has not performed as it should since I bought it. He said well I am on holiday at the moment and not back until the 14th June. We will talk then and sort it out.
    All I really want to know is, if he refuses the refund because and wont get it fixed properly, will I have to seek legal action and if so, do I have a good case.

    Many thanks,
    Kate Drever

    • Hi Kate. Yes, I’d say you have an excellent case for rejecting the vehicle. And yes, if he doesn’t want to co-operate then you will probably need to get some legal assistance to force the matter.

  564. Hi Stuart,
    Congrats for your great efforts.
    I bought a New Nissan Pulsar 8 month ago under finance and I have took to the Nissan dealership regarding a engine noise that i have noticed. Dealership said that it was the timing belt and since it was under warranty they will replace it. After the repair when I have pickup the car and drive for it 1 min the engine fell at one side of the car, create a lot noise & smoke and snap the engine belts and became undrivable. I have opened the boot .Then I have open the engine boot and it was a mess.
    The dealership accept to repair but I am definitely not happy …

    What are my consumer rights after 6 months ?
    Can i reject ? I feel that I can not reject the car now but what if the car is drivable but does not drive as before. …

    • Hi Val. Your issue with the dealership is presumably damage caused by their poor workmanship when they worked on your car, rather than a fault from when it was sold. This is still covered by the Consumer Rights Act 2015, but in a different section altogether.

      My understanding of this section of the Act is that you have the right to insist that the dealer fixes the problems they have caused during the service, but you can’t reject the car because of it. If they have damaged the car so badly that it would be declared a write-off, you would be entitled to the value of the car. However, if you don’t want to accept a repair then you should consult a lawyer for proper legal advice.

  565. There are 12 faults identified by the RAC technician(not of satisfactory quality) and car broke down(not fit for purpose). Do you NOT think these two were breached as per the consumer rights act?

    • A breakdown does not automatically mean a car is not fit for purpose. If you have an independent report which shows that the car is faulty, taking into account its age and mileage, then it greatly improves your chances of successfully rejecting the car. But the dealer does not have to accept your opinion – he can force you to take him to court if he wants to fight it.

  566. Added to previous comment….
    When i asked if they would re-emburse me for air con after they had the car to their repair garage i was told by the mechanic that fobbed me off by saying it was buyers responsibility, he said i wouldn’t get re-embursed for it & i should have told them… which i did do….

  567. Hi stuart, to cut it short, i bought a used car from an independant dealer on hp 24 days ago. The car is 5 & half years old. Within 2 days i began experiencing problems with it. Within a week my partner noticed a oil/fuel leak. I contacted the dealer who told me to take it to them for their mechanic to look at. When there i pointed out that the air con didnt work which he tried to fob me off with by saying the air com was buyers responsibility but my partner pointed out that as it was advertised as having air con it should be working. He didn’t answer to that. He then tried to fob me off with the oil/fuel leak by saying it looked lime an over spill which my partner said its black therefore isnt an overspill. The mechanic agreed to take car in to garage a week later & have it looked at. On my way home i popped to a repair garage i used with my previous car & booked it in for air con refill. I also asked them to check the fluid that was lying ontop of the engine. When i picked the car up he told methere was a massive oil leak on the back of the engine & to take it back to where i bought it. I rang the dealer & told him what id been told & was assured it would be all sorted when i took it in the following week. I left a list of issues i had with the car as i didnt want to be running back & forth with it being 15 miles from where i lived & was told they’d all be sorted. When my partner phoned the repair garage the dealer uses the mechanic told him that he noticed the oil leak when he replaced the cam belt (that i payed extra to have changed before taking delivery of the car as when i asked if it had been changed i was told by salesman it wasn’t due for another 20,000 miles so of i wanted it changed id have to pay for it extra, even though vw recommends changing at 6 years or recommended mileage which evers soonest, i also pointed that out to salesman but agreed to pay for it to be changed before i picked the car up from dealer) 2 weeks before & told him he’d replaced a seal on back of engine & the issue i had with the car hunting. After i got fobbed off with them posting the mot cert & reciepts for cam belt etc for a 3rd time i decided to contact where it was last serviced who sent me an invoice of an investigation they were asked to carry out by previous keeper. It states the car had a coolant leak due to water pump/cam belt & advised change, there was a significant oil leak which the rocker cover was suspected & that there was internal defects with gearbox. This invoice re-enforced all the issues i was experiencing prior to obtaining the invoce from the last known garage it was serviced therefore i know the car hasn’t been rectified. I dont trust the dealers or the repair garage they use as the issues i raised haven’t been rectified & were present before the dealers sold the car, i dont want the car with those sort of big issues or the car repaired but instead for dealers to refund finance co so i can get another car from else where (same car & model as thats the car i wanted) Taking advice from finance brokers i have rejected the car. Sent dealers, brokers & finance co a copy of rejection email. Finance co agree with my reasons for rejection & have notified brokers. As the car is driveable i use my car to travel for work, Brokers said to keep using car because i need a car to carry out my job & they would recover all money i have spent from dealers. I have payed for cam belt/water pump, new oem fuel & air filter & the air con refilled. Can the dealer charge me for usage? And will i be entitled to money i have spent on the car? (Air con etc). I rejected the car 18 days after taking delivery. Appreaciate any advice.

    • Normally, you won’t get any reimbursements for your costs over and above what you spent buying the car. However, if you have invoices and can show that there were unavoidable costs, you may be able to get them paid as well. But it doesn’t sound like this dealer is the generous type, so you will probably have to keep fighting to get your original purchase price back again.

  568. Hi , I bought my new car on a PCP from Audi in March 2016,
    Was very happy with it to begin with,
    From having it new there was a squeak when the electric windows were used. Myself I just thought it’s with it being new and needed sort of using to go away, I was wrong it was months of squeaking, I should have just gone straight back to the dealership as soon as I noticed it but like I said I that it would disappear, when I did then take it back to the dealer, it took the 2 attempt to try to fix the issue, to then eventually fix it on the third attempt.
    The car has built in Bluetooth phone connectivity.
    Again from new I used it straight away and I found it worked but not very clearly, it wasn’t until a friend of mine who works at a different dealership was in the car with me on a journey who witnessed me take a call, stating after that the sound was poor , I asked is that not normal , he replied “God no, Audis have superb Bluetooth phone connectivity ” I contacted the dealer to which have not been helpful at all, they have had the vehicle In now 5 TIMES, and have still not fixed the problem ,
    They state they have tested it in all conditions…yet they have not even driven the vehicle whilst using the phone, which is when the problem occurs.
    They have simply had it in a week at a time and made calls sat in their workshop. When they know that’s not when it occurs, it’s when in motion.
    They tell me they can’t do anything until the fault. Ab be diagnosed, even though they have had 5 chances to diagnose properly through such testing in all conditions which they say they have yet admitted to not road testing.
    Can you please advise me?
    Where do I stand?
    I feel so let down and disheartened by the brand. I queried about rejecting my car but they have told me I can’t as it’s over the six month period ,
    My retaliation is they have had it back 5 times.

    • Hi Kareem. You are well outside the normal six-month period for rejecting the car under the Consumer Rights Act. Your best bet is to keep challenging the service department, or take it to another dealer, while it is still under warranty.

  569. Hi Stuart,

    I have no one to help me with it.

    I bought a car 10 days ago and on the car computer was to top up petrol after top up there was to add coolant. After adding coolant I note that there is a leak and again I have to add coolant. Yesterday I call to my car dealer (it’s used car), and he told me he can fix it, I don’t want this car any more if something is broken from beginning so I ask for my refund, and he said he can pay me 50% of the car value.

    How can I get my full refund?
    I will leave car at my driveway and I have to take bus to work because I can’t keep adding coolant..

    If you can help me I will be very grateful.

    • Hi Otto. If there is a simple fix to the coolant leak (like replacing a leaking hose or a damaged seal) then it would not be sufficient cause to reject the car. So until you know what is causing the loss of coolant, you won’t know whether you are likely to be able to pursue a rejection.

  570. Hi Stuart,
    I bought a 3 year old car from a dealer today but unfortunately in the evening the dashboard warned with “Engine Fault – Full Engine power no longer available. Possible to continue journey. Drive Moderately. Have the problem checked by the nearest BMW service”. I didn’t expect the car to have an engine fault on the same day that too less than 15 miles of driving. There was no warning when I took the car from the dealer. Do I have any rights to reject the car? Is this serious enough to reject the car even if they agree to repair it. My only concern is, if they repair it now and problem appears again then I may well not within the 30 days period.

    Please advice.
    Thanks,
    Raj

    • It is drives very slow, difficult to drive on the road. And I paid half of the amount by credit card. I filled the full tank to the maximum on the way back and spent £60. Would I be able to get that as well, if I reject it?

    • Hi Stuart,
      Just an update, I was asked to drop the car for repair and they offered me a courtesy car until mine is repaired. I was convinced and while taking the car to the service department the vehicle broke down in middle of the road on a high street. The RAC recovery team helped me to take the car to the dealer and also submitted a diagnostic report which discovered 12 faults with the vehicle. The RAC technician wondered how a dealer could sell the vehicle with these faults. He kindly accompanied me to the sales manager and service manager also sent the diagnostic report copy to them. But the dealer wants to do their own investigation and I can’t reject the vehicle just like that.

      The car is with the dealer now and they offered me a courtesy car until the investigation is completed. I sent an email formally to Reject the Car just for the record but haven’t got any response yet.

      Can they dispute the diagnostic fault report submitted by the RAC mechanic and decline my ‘Right to Reject’?

      Please advise.

    • Yes, the dealer is perfectly entitled to inspect the car for themselves, and they are not obliged to accept your rejection (many a customer has tried to reject a car on very dubious grounds). If so, you’ll need to bring legal action against the dealer, or at least threaten to.

    • Hi Raj. Until you know what the problem is, there’s no way to know if it’s a viable excuse for rejecting the vehicle. It may be something very small and easily fixed, like a faulty sensor, in which case it wouldn’t be enough to reject the vehicle.

      You have up to six months to reject the car if their repair does not fix the problem.

  571. Hi Stuart thank you for your reply I have spoken to him this morning and he is still not willing to give me my money back and has said he can give me a total different car thats appently alot better than mine he said I told him I don’t wanna go back down that route again so I’ve been back in touch with trading standards and I’m going to write a letter to him and gonna give him 5 days to reply back I’ve been on his site and since talking to him he’s dropped the price of my car that I traded in it was on for 1,990 and now it’s on for 1,500 I’ve txed him to say I’ve been in touch with trading standArds and I don’t want another car off you and I will be sending out a letter to reject the car I’ve had no reply off him

    • It’s a pain when you have to fight every step of the way for what seems (to you, anyway) to be a fairly simple situation. Keep fighting, you’ll get there eventually!

  572. I’ve also been in touch with trading standards the last time he had the car so it’s all logged down with them aswell I must of asked him about 20 times that we weren’t happy and we wanted our money back and our car back he said the last time we asked I carnt do that but I can sort you out another car we don’t want another car off him I just want my money back as from the start the car had a fauilt with it as the car is not fit for sale to any one at all I think it’s unfair that I paid money for a car plus gave him my old car plus paying all this money out to haven nothing I need my car as I have a lot of hospital appointments to attend and have to travel I only use the car normally just to drop the children off at school and pick them up

  573. HI Stuart I’m hoping you can help me please on the 3rd of April I bought a car from a garage and trading in my car he gave us £250 for it we bought a zafia whigh was 1500 so took of the £250 we paid £1,250 for it I paid cash and filled out he log book I drove the car 2 mins down the road and the engine management light came on the car was idulising I rang the man straight away and he said bring it back we took it to the garage were he gets his cars fixed and it came up with the egr valve he said he wud sort it the next day we had a call to say come and pick the car up we went back to the garage and the car was still idulising the mechanic said he cleaned it just drive it some good milestuff and it will be OK I said we got to it was getting replaced I took his advice and drove it it was still happening in decide that as they didn’t change it at the end of the month I’d get it done myself then the week after the oil light kept coming on I had a oil change done oil filter and new rocket cover gasket 2 days later the oil lIght came back on I’ve took the car back and he said its the cover gasket I said it’s been done he said its defo that so he said he’ll replace it in the mean time we asked for our money back and our car and he just changed the subject by this time our old car was up for sale for £1,990 he said the car shud be OK now 2 days later the oil light came back on a bought a switch for it as that was a possibility and I mentioned it cud be the oil level sensor I said we carnt keep chucking money as a car that’s not been right since we bought it we asked again for our money back and he said I will sort the oil level senor out I said will you tho because you said that about the egr valve he had the car for 9 days and said it was all done we had the car back and seemed to be OK I had the back and front brakes done on the car as they needed doing and I paid for the egr valve to be done I found out the old one had snapped after paying all this money out to fix the car yesterday it started to judder and was driving really slow I’ve had a mechanic put it on a diagnostics and it’s coming up with cylinder 2 the spark plug was coverd in oil and they done a pressure test and there’s no pressure at all so right from the beginning when I kept saying it’s loosing oil but not leaking on the floor and said it must being going internally I was right all along I now carnt drive the car as it’s to do with the engine I’m just wondering if you could give me some advice please thank you

    • Hi Danielle. His repair has clearly not worked, so you should be within your rights to reject the car and get a full refund. Normally this would be £1,500, but if he still has your old car you could ask for that back plus £1,250 – however, he doesn’t have to agree to that.

      You have to formally write to reject the car under the Consumer Rights Act 2015. If he doesn’t accept your rejection, and he’s not obliged to agree with your version of events, then you will need to take action against him. Normally that means getting a solicitor to represent you. Unfortunately, you run the real risk of spending more money on legal fees than what you paid for the car in the first place.

    • Hi Danielle. His repair has clearly not worked, so you should be within your rights to reject the car and get a full refund. Normally this would be £1,500, but if he still has your old car you could ask for that back plus £1,250 – however, he doesn’t have to agree to that.

      You have to formally write to reject the car under the Consumer Rights Act 2015. If he doesn’t accept your rejection, and he’s not obliged to agree with your version of events, then you will need to take action against him. Normally that means getting a solicitor to represent you. Unfortunately, you run the real risk of spending more money on legal fees than what you paid for the car in the first place.

  574. Hi Stuart I have a feeling you are going to be telling me the same as others with regards to the consumer Rights Act right to reject, however it would be useful if you could advise how I get the VW finance to assist in at least moving something forward and getting a response.

    Issues with car raised to dealership (who have not yet responded) and the car finance people (response below) to the concerns I raised to say I did not think the car was fit for purpose. Issues raised: Car failing to start but then did. Car failing to start and attended by AA no diagnosis of fault but repaired, subsequently car failed altogether, the dealer diagnosed an error in the high pressure fuel pump due to alloy shards being transferred around the fuel system when the pump failed. This required of £6,000 of repair work.

    Several weeks later the car was ‘repaired’ but subsequently had a fuel leak and returned back to Audi the next day. A few days later the car failed to start, AA called who diagnosed a cam sensor, they also acknowledged and rectified a wiring block that was unsecured and chaffing. The final straw came when the car went into limp mode. AA attended and recovered the car to Audi who diagnosed a turbo was as failing. (I am concerned this is due to the original fuel pump issue as a result of the shards and actually the car cannot be repaired sufficiently).

    VW Finance have responded to say:
    Having reviewed the concerns raised regarding the quality of your vehicle, as your vehicle is almost 5 years old and it has been 7 months since you purchased, in addition it has covered in excess of 60,000 miles, we would conclude the concerns with your vehicle are not inherent and requested evidence to suggest otherwise. I followed this up saying about the days the car was in the garage and that meant it was within the 6 month period therefore the onus was on the dealership to prove it was fit for purpose not mine to prove it wasn’t though the catalogue of errors supported this.

    I have not covered 60,000 miles in the car and that does not seem many miles for a modern car in any event. It has been 7 months but the car has been getting repaired at the dealership for 42 days in total, so technically within the 6 month window (just).

    I would welcome your view.

    • Hi Lee. Firstly, yes you are still within your six months as any days that the dealer has the car do not count. As for whether or not your problems justify rejecting the car, it will come down to who can argue the case better. On the surface of it, it sounds like you have a valid case, but that doesn’t mean that the dealer will agree with you. You may need to get an independent assessment, and get some legal support to assist you in rejecting the car.

  575. Hi Stuart

    We purchased a second hand Vauxhall Zafira from main Vauxhall dealer and within the first 24 hours started to notice the car smelt of tobacco. The dealer agreed to clean the vehicle but the smell still persisted and has been back 3 times in total to the dealer but still the car smells really bad. We complained again and asked if they can exchange the vehicle but they have refused and said there is nothing else they can do. We cannot store babies pram/car seat in car as these item smelt of tobacco too. Even after using just driving the vehicle my hands smell of smoke. Please can you advise if we can reject this vehicle under the sale of goods act? It was purchased under finance.

    Kind Regards
    Vince

    • Hi Vince. Assuming you saw the vehicle before purchasing it, I don’t see how you can reject the vehicle under the Consumer Rights Act 2015 (which replaced the Sale of Goods Act) – unless it didn’t smell of smoke before you bought it and suddenly did by the time you collected it (which is unlikely).

  576. Hi Stuart,
    I paid £500 deposit for a 3 year old BMW to a dealer(Peugeot dealer) with collection date a week after, the salesman agreed to repair a dent and few scratches. It was an ex-Motability car. On the collection day, before the payment and paperwork, I checked the promised repair work and the car document. The scratches was not fixed and the salesman turned his back saying he only said he would try. I then used BMW iDrive display to check any faults. It warned that Brake Fluid Service required. They said the fluid service was done couple of months as per the service document and it only needs a reset in the iDrive display. I didn’t want to collect the £17K car with a warning in dashboard. Do I have a chance to reject the car? I haven’t paid the full money, but only the deposit.

    Now my partner tells me that, its a Euro5 Diesel and new rules will ban driving this car into many cities from 2020 which concerns me more. Your advice is much appreciated.
    Thanks in Advance

    • Hi Ross. If you don’t have anything written into the contract that says that the dealer would repair the dent and scratches, then there’s no way to enforce that. A dealer’s verbal promise is worth nothing.
      If the dealer has the correct service paperwork to say that the service was done, then that’s fine. A BMW dealer should be able to fix the warning message in about 30 seconds (sounds like the service wasn’t done by a BMW dealer).
      The Euro-5 diesel rules are irrelevant, as nothing has changed in the last couple of weeks. That’s one of those things you should be considering before buying the car, not afterwards.
      Basically it sounds like you’ve changed your mind and are looking for excuses to bail out while still keeping your £500. But from what you’ve described, you wouldn’t be eligible for a refund.

    • Thanks Stuart for the reply, much appreciated. It looks like the service was done by a BMW dealer as per the service history printout. The service book doesn’t have a stamping.I have asked them to reset it but they could’t, doesn’t the dashboard warning gives me any rights?
      I didn’t collect the car and came back. I wasn’t aware of it Euro 5 earlier, when I asked he avoided it and diverted me to another topic.Now I know why.

  577. Hi Stuart
    I purchased a 3 year old auto Evoque from a dealer 2 weeks ago. After two days, the gearbox fault sign occurred. I also noticed that the 12v socket did not work despite the multi point checks they do. The dealer inspected the car and said they changed the battery and replaced the fuse, so all is ok. A few days after the same gearbox fault occurred. I have returned to the dealer and wish to reject the car. I paid in cash. the dealer says the fault can be remedied as the auxiliary battery and module is to be replaced. They will also provide a health check from Land Rover for peace of mind. I do not want a repair but a rejection. Am i within my rights? The dealer says the fault is not significant enough. Please advise. Many thanks,

    • Hi Sadia. If the dealer will not accept your rejection request, you will need to get an independent assessment from another garage.
      The car needs to be properly faulty to be rejected. If there really is an easy fix to the problem, then the dealer does not have to accept your rejection – especially on a used car. From the sounds of it, your car is still driveable but you have a gearbox warning message, so you’ve not been repeatedly stranded on the side of the road somewhere.
      The 12-volt socket issue is definitely not relevant to any rejection discussion, so you would need to be checking any used car warranty you have for dealing with that.

  578. Hi Stuart,
    I purchaesd a 2013 Chevy Malibu from a car dealership on Monday (5/15/17) with an as is warrenty. I drove it off the lot on 5/17/17 and today 5/18/17 the heat indicator ran hot twice, the check engine light came in and the “service tire monitoring system” alert came on. What are my rights as far as them fixing anything? I haven’t had the car a full 48 hours and the service dept told me the earliest they can “check” the car is Saturday morning (5/20/17). I don’t want a refund…I just want them to fix the problems because it is supposed to be a certified used car. They stated when I picked it up that they serviced the car to make sure it was good. There is no way all of this happenes within 24 hours of me having the car.

  579. Bought a second hand car which has an intermittent brake failure. Had a mechanic look at it and he said there were loads of new parts and it looked like someone had tried to put the fault right but hadn’t so put it in px. Had the car 4 days when it first happened but then ran ok for 3 days and it happened again. Contacted deale within the 30 days and he more or less told me to get lost so sent email and not got a reply. Where do I go from here please

    • Hi Janet. When writing to the dealer, you need to make it crystal clear that you are rejecting the car under the Consumer Rights Act 2015 because of repeated brake failure.

      If the dealer does not respond to your rejection claim, you will probably need to call a solicitor.

  580. Hello, not sure you going to help me or not.. my husband and I decided to trade our SUV in for a van. They sold us the car for 13500 but promised to fix all the things wrong with it including a DVD player that was hanging from the ceiling and brok fix all the things wrong with it including a DVD player that was hanging from the ceiling and broken as well as a latch that fell off the console and a full detail cleaning.
    After four days of waiting for them to finish up, they kept telling us every day that it would be done at the end of the day but then we had to wait .. we go to pick the van up in the DVD player is still hanging from the ceiling, and we notice the screen is busted it is not in working condition. The latch that was broken before was thrown into the glove box and the car was still dirty, only half cleaned and had trash in it.
    I immediately felt like this car wasn’t worth what we had agreed on and I want to back out. We signed paper work but have yet to make the swap of the vehicles, as in I still have my original SUV. And want to keep it!
    He told me that they were going to work on it.. but I just called and told them I didn’t want it anymore. He asked me to sleep in it.

  581. Hi, my sister recently bought a used BMW, 4 months into owning the vehicle it threw her onto the wrong side of the road, no other cars arround at the time, turns out the car has severe rust issues and components in the rear axle assembley had completley rusted through and become detached from the vehicle, this means she is in the 6 month final rejection phase i believe, we contacted the dealership who are playing silly bugers, they are demanding we deliver the vehicle to them for inspection before they can offer a solution, we cannot afford the cost, so we got a DEKRA inspection, the dealer said if the inspection said it was as bad as we claimed they would collect the vehicle, they ignored us for 3 weeks after recieving the report and set their lawyers on us, the DEKRA report states there is no chance this damage wasnt present at the point of sale and should not have made it through the MOT it has, it also states the damage as catastrophic.

    I read in this article, the obligation of collecting the car is on the dealership, would this apply to our circumstances? Got any other advice from the info i have provided? Any would be appreciated.

    • Hi John. It will depend on what the sales contract or any other paperwork states. If there is nothing in writing, then the dealer is obliged to collect the vehicle. You are entitled to reject the vehicle, but the dealer is entitled to one chance to fix the problem. If they can’t fix it, you can proceed with the rejection.

  582. Hi, I put a deposit down of £300 for a used car from a dealer at £3000 and was planning on picking it up the following week as the car needed a minor repair for the boot. A few days later, i was told there was a problem with the exhaust and it would need repair. The dealer offered a refund on the deposit and first refusal if i decided to buy it later. However, I decided to still go ahead with the purchase, but I’m wondering if the dealer can raise the price of the car because of the cost to repair the exhaust, even though we already agreed on a price. I do have a receipt of the transaction.

    Thanks, Jeff

    • Hi Jeff. It will depend on whether or not the original contract was cancelled when the dealer offered you a refund. If the contract was not cancelled, you are entitled to hold him to the original price.

  583. Hi, I bought a Ford Focus two weeks ago from Evans Halshaw in Hull and the air conditioning doesn’t work. The weather has only just recently got warm enough for me to see if it was air con or just normal cold air coming out.The car came with a standard 30 day warranty what is my position at the moment?

    Thanks Regina

    • Hi Regina. If the car was advertised as having air-conditioning, then you may be able to reject the vehicle. If you are otherwise happy with the vehicle and just want to get the air-con fixed, you should be able to get this done under warranty.

  584. Hi, I recently bought a 5 year old Mini Cooper from V12 Sports & Classics in Wolverhampton and returned to Ireland with it. this week the Clutch has gone in the car and the garage are telling me that the warranty is not valid in Southern Ireland. On the 26th March when I purchased the car I was not told that there was no warranty, now 45 days later I cannot drive the car. what is my position in this situation?

    Thanks, Linda.

    • Hi Linda. You may need a lawyer to assist you here. The car was purchased in the UK, so would be bound by UK consumer law. However, I’m not sure what happens if you take the car permanently out of the UK.

  585. Hi Stuart,

    I’ve recently purchased a car from an independent dealer in England (live in Scotland) and within 24 hours the engine blew. To repair the engine could cost up to £11,000.

    A straight forward return you would think, right?

    I’ve contacted the company several times now via recorded letters and over the phone and they are refusing to engage in any way with me, noting that they are going into liquidation with no assets (however, there are still several cars on their forecourt and on sale via an online marketplace).

    Furthermore, the company which processed my payment are listed as different to the company who sold me the car, so they to are refusing to take any ownership of the situation.

    Part of the payment was paid on a credit card which I’ve already completed a refund form for, but the majority of the money came from my debit card.

    I have not driven the car since the engine blew on the 12th of April, but I’m wary that time is now dragging on with no response from the dealership.

    I have contacted several lawyers, but they’re asking for a considerable amount of money with no guarantee of success.

    Any advice you could give would be much appreciated.

    Best Wishes,

    Willie

    • If you bought any of the vehicle on your credit card, even if just a small deposit, you have the same protection as if you’d bought the whole car on the same card.

    • Hi Willie. Speak to your credit card company. As Jamie has already pointed out, you don’t have to pay for the whole vehicle on the credit card to be protected for the whole amount.

    • HI Stuart and Jamie,

      I’ve contacted my credit card company and already been granted part of the money (the initial deposit) back, the remaining amount is now in dispute. Once I have heard back from them regarding this amount, I feel it may help my case in trying to recoup the entire amount (or the outstanding amount on debit card).

      Thanks again for weighing in on this complex and stressful situation.

    • Hi Stuart,

      After speaking to my credit card company about the situation, they have refused to cover the total cost of the car. This is because the invoice is from one company and the and the debit payment went through a different company’s account!

      Do you have any other recommendations on how to progress?

      Best Wishes,

      Willie

  586. Hi Stuart,
    I bought a brand new van from Citroen and within 3 months the van failed to start and this became a regular problem if the van was left for more than a couple of days without use. The van was bought on finance (from Citroen) but the finance company, Citroen and the dealership are all basically trying to wash their hands of it. This dispute has been going on for over 12 months and the van is completely unusable. Citroen have replaced parts to do with the tracker as they thought that was the problem, but the fault remins. It has been inspected by a different Citroen dealership as the one I bought it from was 250+ miles away. They couldn’t pin-point the cause of the fault so they say that I can’t reject the vehicle.
    The van was bought for business purposes.
    They are still insisting on me paying the finance despite the fact that the van hasn’t been usable for 12 months.
    Where do I stand?
    Thanks
    James

    • Hi James. Because the vehicle is used for business purposes, you don’t have the same consumer rights as a private buyer. You may need to get some professional legal assistance to resolve the matter between the dealer, the finance company and Citroën UK.

  587. Morning
    I was wondering if you could help me. I bought a car from a dealer recently to the value of 7500. On the maiden trip which happened to be 350 miles north the car went into limp mode and came up with a transmission fault. I contacted the dealer straight away, as the car was under warranty and arranged for the car to be taken in to a garage which he uses regularly. The car has now been with the garage for nearly 2 weeks, I have been informed this morning that the warranty company have rejected the first repair scheme sent in from the garage as this out cost the value of the car so is a uneconomical repair. They did say they were looking at other repair schemes where they could rebuild the transmission but they are awaiting an answer from the warranty company. Where do I stand with being able to reject the car as the repair is now possibly going to take another 2-3 weeks. I am not happy to wait this long. Am I within my rights to reject the car and ask for a full refund?
    cheers Pete

  588. Hi stuart
    Hoping you can help, I ordered a focus St in 2/2/17which needed to be build. The was car on the 3/5/17 with the dealer stating quilty issues with a certain batch of parts. When collecting the car I tried to make sure that I checked over every panel. But bad timing on the weather as it was raining and the car was wet. A few days later when I had to wash and check the car fully. Paint debris were present in the laquar(hairs), paint debris in the main coat, visible paint patches in the roof paint work and uneven patchie patch work in the rear door shuts. These defects are on every panel minus front wings and bonnet. The body shop which did the pdi stated that the car may be classed as sub standard? In which case why was I signed off. The body shop employee stated nearly every panel will need a respray which Ford may be not be willing to pay? Should anyone accept their brand new car being resprayed!!!
    Cheers

    • Hi Daniel. You should certainly be taking this up with the dealer and/or Ford UK as the car does not meet reasonable expectiations. A brand new car should not have any significant paint defects, but whether or not its enough to reject the car under the Consumer Rights Act is difficult to say since the problem is purely cosmetic.

  589. Hi I bought a car in March 2017 it is now may 2017 I’ve had this car that I bought used and financed through the car dealership for three months until the check engine light came on I took it back to the car dealership to be serviced only to be told that not only does it have an oil leak which is going to cost roughly that is going to cost $131.10 6 cylinder tune up and coil boots that are apparently severely corroded are going to cost $510 and then the fuel system service which is going to cost $150 the contract that they had me sign was for no warranty as is sale however these problems were not known to me at time of purchase and was told that they had inspect the vehicle and everything was in working order does this act still cover me or did I get screwed by the dealer?

  590. Hi Stuart,

    I bought a Vauxhall Corsa Car Reg: DU12 RZZ on 02/05/17. It was advertised on Gumtree from a Trader. When I went to the car location on 1/5/17 I realised it was the man’s house rather than a shop front and he had a number of cars that he buys and sells. I did a basic vehicle check online which appeared to be fine in terms of mileage and MOT history and he agreed to do a new MOT before I purchased. I bought the car on 2/5/17 for £2500, £2000 was paid via debit card and £500 cash. There was no warranty included. I went to get the car serviced today at my local garage. They offered to do a HPI Check (I have not seen this myself yet) and informed me that the car is CAT C. They can see that there was previously a fair amount of damage done to the car due to an accident. I am shocked as the advert on Gumtree did not say it was Cat C. I feel that I have been mis-sold the car under false pretenses. Please can you let me know if I have any rights? I am now also concerned that the man who sold it to be maybe was a private seller acting as a “Trader” because the only company details connected to his home address have been dissolved. I am not sure what to do now. Your help would be much appreciated!
    Thank you
    Miss S Findlay

    • Hi Syane. A trader is obliged to tell you that the car is a Cat C write-off, so you have been mis-sold the vehicle and should be entitled to your money back. You should also be advising Gumtree, as they need to make sure that their sellers are advertising vehicles according to the law.

  591. Hiya,
    I purchased a second hand Audi A4. I purchased this car because it was advertised with ‘cambelt and waterpump done’, great history – full, just been serviced, 12 months MOT, 12 months warranty, service history, AA approved dealership with free AA cover.The car had issues from day one which I had repaired. I reported all of these issues to the dealer by email and had no response. The car then broke down (4 months after purchase/ delivery). I had the car recovered to a local garage who advised me the oil pump chain had snapped and got tangled in the cambelt which had subsequently snapped and that the car would need extensive repairs. I reported this to the dealer immediately who advised me to contact the warranty company. Having never received any warranty documentation (or AA breakdown cover information) with the car I had to chase for the required information. After over a week I was emailed a scanned warranty document. I was told by the warranty company that the car had never been registered for a warranty. The dealer denied this and ignored all of my emails and calls. When I eventually got a response they said they were not liable for the troubles I had encountered. Within 4 months of owing the car it was not drivable anymore and I had only covered 400- 500 miles.

  592. Hi Stuart,

    I recently purchased a used BMW 3 series 09 on 04/03/2017. After 5 weeks of owning the car I learned that the top chain guide had failed, allowing the timing change to go slack causing pieces of the guide to fall into the sump and oil strainer, thus requiring a full engine overhaul and repair.

    Before I conducted any work on the car I rang the garage who sold me the, their response was it was not their problem as it is a known problem with the N47 engine in my BMW and as such I should contact BMW as the car will be on a recall list.

    So I contacted 4 different BMW dealerships about the problem and they all said that my car is not on a recall list. I then informed the garage again and was told the same thing that it’s not their problem. At that point I told them that I wanted to start the rejection process of the car to which the owner of the garage gave me a long winded response, which essential ended with him saying I cannot do that.

    Following that conversation I had no course but to allow work to be conducted on my car as I needed it for travel, taxi’s to work are expensive.

    Following the completion of the work and reading this article and several others I believe that I am entitled for the garage which I bought the car from to refund me the repair cost for the work due to the goods not being of a satisfactory quality and/or durable.

    So I sent a letter to the garage stating the points made here and their response back was that because I repaired the car before the timing chain actually failed I have no case.

    Do you believe I have a case to answer, or am I chasing air?

    Kind Regards

    Alex

    • Hi Alex. You probably do have a case, but navigating the pathway to a successful rejection will almost certainly be difficult – not least because the dealer seems to be dodging every attempt to take any responsibility. I would suggest you contact a solicitor to provide you with some legal support.

  593. hi stuart,i bought a car from a car dealer that trades from home on the 4/4/2017 yesterday it broke down i rang
    him today but he says because i am using it as a taxi i have no warranty?

    • Hi Micky. You would need to check your warranty paperwork to see what it says, but it is quite possible that using the vehicle for hire or reward would void your warranty.

  594. Hello Stuart,

    I would be grateful for your thoughts on a problem that I am having with a brand new 2017 Hyundai Tucson. Any advice would be much appreciated!

    I took delivery of the vehicle on the 24 th March, as part of a 3-year lease deal.

    In this time I have returned to my vehicle on numerous occasions to find an open boot. The most worrying of these incidents occurred while driving on a busy dual carriageway with the family dog in the boot.

    In response to this, I contacted the main dealer, however, despite them changing the locks & keys of the vehicle this has not remedied the fault. The vehicle is currently with the main dealer for the third time.

    As a result of this problem reoccurring and the failed attempts to rectify the fault, I have no confidence in the vehicle. This has impacted in the enjoyment of my purchase and left me at risk of financial loss, as confirmed by my insurer.

    I am now of the view that the vehicle is not fit for purpose or of satisfactory quality. As such, I have refused to accept the vehicle back from the dealer, despite the threat of storage costs if I don’t pick up within 7 days. What would you suggest that i do next, I have still to confirm in writing that I will not be accepting the vehicle due to the recurring fault?

    Thanks in anticipation of your help.

    kind regards
    Gregg

    • Hi Gregg. You need to be quite clear in your letter to the dealership that you are rejecting the car under the Consumer Rights Act 2015, and address your letter to the dealer principal/general manager (find out who this is). You also need to work with the leasing company, as it’s their car not yours. If you are not getting a satisfactory response, you can contact Hyundai UK, as this is certainly not acceptable on a new car.

  595. Hi,
    I could really do with some advise please,
    I purchased a used diesel SUV from a major dealer for £12000 on a 14 plate with 29k miles on 20th April 17. Purchased on HP with a £500 deposit and v small part part exchange. I noticed a whirring sound at 40/60/80mph and I thought it was the tyre tread making the noise as the front tyres are not the same, one is a heavy tread on the front L/H and the others are the same as each other but with smoother tread so wasn’t overly concerned. 3 weeks after purchase, the noise got more noticeable and a creaking noise started to come from the steering column then the airbag indicator light came on.I contacted the dealer and booked it in after explaining the issues, They did tell me that all cars have a unique noise and that having different tyres on a car was perfectly fine! No one contacted me to let me know what was happening and I also had no car to use.
    The next day, I got a call from the service dept telling me the gearbox had failed and needed replacing!
    I was mortified and asked how this could be on a 3 year old car with such low mileage.They said the steering noise was due to no lubrication and the airbag codes had been changed so they rectified them? They are trying to get Nissan to fit a new gearbox but have also said they might do it under my extended warranty if Nissan refuse to fit. They have also said I might get partially charged as they will either put my old clutch back in or renew it!
    I have told them I want to cancel my finance agreement as there is no way this car is fit for purpose even if they put a ( reconditioned ) gearbox in the car as I have no faith in the car and concerned that a replacement gearbox could fail again. The attitude towards me from the salesman was appalling for daring to reject the car and he is trying to bully me into accepting the repair under my extended warranty.I asked for a copy of the MOT and after many ignored emails, received one with 9 months stating thin front disc pads ( reported in Dec 16) This means that they have not checked or serviced this car before selling to me as since Dec and March when I bought the car, the pads would have worn down further and would have been replaced if they had bothered to look at it.

    I seriously want to reject the car and cancel my finance agreement. Please advise Thanks

    • Hi Graham. I would have thought that gearbox failure would certainly be sufficient reason to reject the car under the Consumer Rights Act. You will need to get in touch with the finance company, as it’s their car rather than yours.

      Try not to be distracted by the rest of the issues. Tyres and MOT advisories are not relevant to your rejection, and are not valid reasons to reject the car. Stick to the fact that the gearbox has failed. Write to the dealer principal/general manager to reject the car, as it’s an issue way over the salesman’s pay grade anyway.

  596. Hi,
    I would appreciate some advice. I have bought a 2010 Fiesta on the 30.03. from a dealership. It has failed to start on the 19.04. and has been recovered to the dealership to check it over. I have then been told two days later that no fault can be found with the car. I picked it up and on the 26.04. the car failed to start again. It had to be recovered the following day. Unfortunately, both times when the AA arrived the car did start, but both mechanics said it must be an intermittent fault.
    Again, today I have been told nothing is wrong with the car. I have written the dealership within my 30 days that I want to return the car and have it refunded because it is not fit for purpose (I depend on a reliable car as I am a commuter and live rurally. This I have made very clear when I first bought the vehicle). I have been told that the car has no fault and therefor cannot be rejected. I have now been offered the option that if the car breaks down again it will be returned and refunded fully (I have asked for that in writing). If they confirm this agreement in writing, will I definitely have the right to reject the car within the next six months or has the dealer played a trick on me? I mean, can he turn around in a week’s time (when my 30 days are over) and claim that he has no obligation to do that despite the written confirmation of this deal?
    Any advice would be appreciated,thanks!

    • Hi Kristina. If the dealership refuses to accept your rejection letter, you will have to take further action to resolve the matter – which generally means calling in a solicitor. In terms of what they have offered you, it would depend on what exactly they are prepared to put in writing but it’s unlikely to be a blanket agreement to refund you in full at any time.

  597. Hi there, I wonder if you can advise. I bought a used car (2009 model year) from an independent dealership last month. In the last few days I have noticed some marks in the paintwork that appear to be below the surface (almost like blisters) that were not there when I collected the car. What rights do I have in terms of being able to reject the car back to the dealership for a full refund ? Thanks. Mick Howell

    • Hi Mick. It will probably be difficult, as it is an eight-year-old car and this sort of thing will happen eventually. It may also depend on where the marks are – if they are not in an important structural part of the body (like the pillars or sills), it is unlikely to be considered a faulty car.

  598. HI Stuart. we brought a MB car from a dealer and was told it had sat nav, aux sockets for ipod and Full service history. Having had it 48 hours and checked over, it doesn’t have sat nav and doesn’t have aux sockets, the aircon doesn’t work and the heated seats don’t work, we was also told that it had a full service history which was digitally logged with MB, having phoned merc they have confimed it has 0 digital records for that car. I still have a copy of the ad, advertising with Sat nav, Full SH. Aux sockets etc – can I return?

    • Hi Leah. If you have the advertisement, and the car does not match the specification as advertised, then yes. The dealer won’t be happy about it, but that’s not your problem.

  599. Hi, what do you do when the business you buy from refuses to accept their responsibility? I bought a used bus from a bus company yesterday and the engine blew up in under 10 miles. I didn’t even make it from the place of purchase to my 1st destination. It was a private sale (me) from a travel company, with a VAT receipt. The bus was to become a motorhome and they knew this. They keep telling me i have to take them to court. Is there any other way to get my money back? Also, as I cannot store a broken vehicle where it is now and I am paying for insurance etc. can i physically return it to their depot immediately, even though the disagree with what happens next?

    • Hi Ben. Unfortunately, if the dealer will not co-operate, you will have to get a lawyer and take legal action. You will need to keep it insured as long as you own it, regardless of where it is stored. Only cancel the insurance once ownership has passed back to the trader.

  600. Hi Stuart,

    I bought a second hand car from a reputable dealership on the 1st April. Before I purchased the car, I sent an email of possible problems including what looked to be a fouled battery. The dealer ensured me when I collected the car that the battery, among other things, had been checked and that it was fine and just needed cleaning.

    On the 13th April I lost all power steering as well as having ABS and VDC failure. On the 14th of April I had what can only be described as complete electrical failure. Every single warning light came on, every system had a failure, car wouldn’t lock, and the alarm kept going off.

    I contacted the dealership on the 15th and they explained that I could either have a refund or use the money to get another car from them. They also said they would pick the car up on Tuesday 18th April. I decided I wanted a refund as could not see anything else in the dealership I wanted. They said they would refund me over the phone on the Tuesday.

    On the Tuesday the dealership called and said they wanted a letter from me stating I wanted to reject the car. They confirmed receipt of this on Wednesday 19th April. Later on the 19th I got an email stating how it was only a faulty battery and they’ve fixed it under warranty and I can come and pick it up, and they’re now saying it’s only a minor issue and not covered by the Consumer Protection Act 2015. I told them countless times, including over email, that I did not want the car repaired but rather my refund as promised.

    The car was only 6 years old and had done approx 46,000 miles when I purchased it. I pointed out a possible problem with the battery before I purchased the car, I have this in writing, and was assured that it had been checked and was fine.

    Where do I stand as I am now under the impression that they’re going to refuse the refund, and I have in essence been sold a faulty car.

    Many thanks,

    Chloe

    • Hi Chloe. If it is indeed a minor fault which is easily repaired, the dealer can contest your rejection. A car with a fault is not necessarily a faulty car – especially when it’s a used car.

      You would need to get legal assistance (ie – appoint a solicitor) to represent you and try to put pressure on them to accept the rejection. If you take the matter as far as court, you run the strong risk of losing – which means keeping the car and paying a hefty legal bill.

  601. Hi Stuart, we bought a new car from a Mazda dealer in March this year. Within the 30 days (but not, at that time, knowing the 30 day rule, we took it back to the dealer when the tyre pressure warning light came on and a buzzer went off in the car. They put air in the tyre and sent us away. To cut a long story short this has now happened 4 times and it hasn’t done 1000 miles yet. Each time they give a different explanation and say they can’t understand it! No puncture, no problem with the pressure gauge, the pressure goes up and not down!!! After the 4th visit they say they now have to contact the manufacturer because they have run out of ideas. I suggested that we were coming to the end of the road with this and if it doesn’t get solved we will be asking for a refund. The After Sales Manager told us they were not responsible for refunds that would be Mazda. I phoned Mazda who have ‘opened a case’ and are talking to the dealer about the fault. Since then the people at the dealership have stopped returning calls. We are waiting for it to happen again – any suggestions would be very welcome. We would have accepted a replacement car but it is an MX5 ICON, only 400 made, and the last (possibly only) one they had at the dealers so unlikely to get a replacement. Also we bought it on a Mazda deal of 50% down and 50% interest free finance. Where do we stand?

    • Hi Lynda. The Aftersales manager is incorrect – if you are rejecting the car under the Consumer Rights Act 2015 then it is the dealer who is responsible. If you are not taking the COnsumer Rights Act route, then it may be Mazda UK who is responsible.

      Because it is the finance company who owns the car, any rejection has to be done in conjunction with them. The process would be that the dealer would refund the finance company, who would in turn refund you your initial 50% and then any payments made to date – and then cancel your agreement.

    • Thanks for your reply Stuart. This has now escalated as far as Mazda Europe because nobody seems to know how to solve this. What did you mean by ‘if you are not taking the Consumer Rights Act route? What other route is there? And is there an advantage? We are coming to the end of the line with this now.

    • Presumably up until this point, you have been going back to the dealer to have the car fixed under the new car warranty. This is a separate pathway to the Consumer Rights Act (contractual repair vs. statutory repair), so a dealer could argue that you have now passed your 30 days without raising the issue under the Consumer Rights Act.
      Mazda UK/Mazda Europe (not sure which, it varies between manufacturers) is liable for any repairs under warranty, whereas the dealer is liable for repairs or rejection under the Consumer Rights Act. It’s a complication that can be used to shunt blame back and forth, which may be what is happening in your case.
      If you are not getting any resolution, you may have to call in a solicitor to take (or at least threaten) legal action against the dealership and/or Mazda.

  602. Hi Stuart,
    I bought a new car (17plate) and collected it on the 21st March but needed recovery this week due the gearstick getting stuck and not working/finding the gears mid journey.

    I would like to work with the dealership to repair it but at the moment I am within 30 days. If I allow them to try & repair and it’s an ongoing fault, next time I will be over the 30 days.

    My question is, that will they then still have to fulfill my consumer rights of the first 30days because that’s when the fault first arose or would I miss that opportunity and have to pursue the 30day-6month rights (which could potentially leave me owing money to the HP finance)?

    Thanks
    Hannah

    • Hi Hannah. If they undertake the repair and it fails in the first six months, you will have the right to reject the car (although you can be charged for usage). Or you can reject the car immediately without accepting an option to repair if it is within the first 30 days (and not be charged for usage).

      All of the above is assuming the gearbox problem is significant enough to warrant a rejection. If it is a minor problem with an easy and permanent fix, it may not be considered sufficient to reject the car.

  603. Hi Stuart, Not sure if you missed my question. ive re-listed it if you did. Thanks.

    I have been through the reject process and after a long discussion the dealer has agreed. It been a week since he agreed and I was wondering is there a time limit for him to have the process completed and for me to get my money back. How long legally do I have to wait for him to refund me? If he is taking too long is there anything I can do.
    Thanks
    Ian

  604. Twelve weeks ago I bought a Land Rover Discovery 3 which this week caught fire and burnt out, injuring me and fortunately not my wife and children. I had to break the windows to get the kids out and we had our brand new caravan (with propane cylinders in the front locker) on the back. Luckily the fire didn’t spread to the caravan as we were on an incline with cars behind us unable to get the caravan off the Land Rover. The cause of the fire is a fuel pump that failed jetting diesel all over exhaust manifold causing car to go up in a fireball.

    Now I find out days afterwards that Land Rover recalled these vehicles in 2009/10 including my VIN number and I am still under warranty from the dealer.

    Do I have recourse ? I’m insured fully comp with insured no claims and my kids are more important than a bit of tin – but its the principle. The dealer had the Discovery on his forecourt for six months prior to sale and has sold me a car that is at risk of fire and had a recall to pull it off the road to replace the parts and make safe.

    Any idea if I have a claim ?

  605. Hi Stuart, 2 weeks ago I bought Hyundai i30 2015 from manufacturer approved dealer. On my first visit I asked dealer who was the owner and I got the answer that the car belongs to them but when v5 documentation arrived I have discovered that the car was used as a hire car in Avis budged. I would never buy a car which belonged to the hire company. Additionally when I washed the car 10 days after purchasing I found that some body work/ paint work have been done, dealer didn’t mention that when I asked about on my first visit. Can I return a car to a dealer and get full refund?
    My conversation with a dealer can be confirmed by my wife who was there with my at that time.
    Thanks,
    Roman

    • Hi Roman. Unless you have some kind of written advice that the car belonged to the dealer rather than a hire company, there’s not much you can do. Your wife would not be considered an independent witness and if the salesman swears on a stack of Bibles that he told you it was owned by Avis, there’s not much you can do about it.

      Dealers are not obliged to tell you about minor damage unless you specifically ask about it. They can’t lie to you if you specifically and directly ask about prior damage, but they don’t have to declare it. Again, you would need something in writing and it’s highly likely you have this information.

      Your best bet is probably to kick up a fuss with the dealer and complain about their behaviour to the dealer management and Hyundai UK, and hope for some goodwill compensation.

  606. Hi Stuart

    I bought a car from a dealership 10 days ago and have 4 issues with it already;

    1. The car key is falling apart and evertime I push it back together it eventually comes apart again.

    2. The doors are very squeaky (something we pointed out when first looking at the vehicle to which they assured us they would fix)

    3. The reverse sensor doesn’t work 95% of the time (never reversed on the test drive)

    4. The fuel pin on keeps dipping and then going back up again; 2 examples, I dropped my mum of and parked in neutral and it dropped from half full to a quarter full, then when I drove off it went back up. Secondly, it was flashing for more fuel so put petrol in and it was still flashing for 5 minutes until finally moving up.

    Do I have good grounds to reject the vehicle?

    • Hi Mandy. Assuming you have bought a used car rather than a new one, it’s probably unlikely that you would be able to successfully reject the car under the Consumer Rights Act.

      While all your issues are annoying, none are fundamental enough to stop the car doing its job of getting you from A to B. It’s possible that there are relatively simple fixes to problems 2, 3 and 4, so you would be better off pursuing the dealer to repair those problems. If you had to argue it out in court, it would be difficult to win. If it is a new car, your chances would be better although there’s still the chance that a judge could tell you to pursue it through the new car warranty.

    • Thanks Stuart, I took the car in to them to be diagnosed. I asked that no work was to be carried out without speaking to me first to which they replied “no we wouldn’t do that” the next time one of them had come to speak to me I was informed that they had sorted the sqeeky doors and the key had been glued together. Are they entitled to do work to my car without my authorisation?

    • You can argue semantics with them if you like, but generally a dealer would interpret a request not to do any work as meaning “any work that would be chargeable”. If they are fixing your issues without charging you, I don’t see it as being a problem.

  607. Hi Stuart,
    I have been through the reject process and after a long discussion the dealer has agreed. It been a week since he agreed and I was wondering is there a time limit for him to have the process completed and for me to get my money back. How long legally do I have to wait for him to refund me? If he is taking too long is there anything I can do.
    Thanks
    Ian

  608. Hi Stuart,

    I bought a 2003 Toyota Avensis from a dealership on the 9th of March 2017. It had a one year MOT and only a minor headlight issue which i spotted. 2 days after buying the car, it broke down on the motorway after 30 minutes of running. AA recovered it and declared it to be an alternator problem. The next week I had the car towed to the dealership i bought it from as the car was dead. He told me as good faith he will have it checked but returned it to me 2 days later saying he found no faults despite my showing him AA’s report. I decided to drive the car for a few days to see if anything else came up. A week later on the motorway the oil light came on and the car gave a flapping noise, i made a video of this to prove to the dealership as this sound only comes after you drive the car for some distance. I took it to 3 different garages all of whom said the feul pump was gone and it was not safe to drive the car at all and repairing it would cost a minimum of 600gbp. I took the car back to the dealership yesterday asking for a refund and got a very cold and defensive response. They refused to repair it, refused to give me a letter that states they are confident the car is fit for purpose and only referred me to another garage saying use your warranty to have it fixed. and now i am not sure how i can exercise my consumer rights??

    • If you want to reject the car, you need to formally notify the dealership in writing. They are not obliged to accept your assertion that the vehicle is faulty, so you will need to prove your case (which you appear to have done with independent opinions).

      If the dealer is signed up to Alternative Dispute Resolution, you can progress the matter that way. However, most dealerships are not, so you will probably need to take legal action against the dealer to get your way.

  609. Hi bought a car from a dealer for cash 2009 mini. Within a week it delevoped a significant clutch slipping problem making it undriveable. Took it back today and they have said it’s our fault for riding the clutch and could not have been present when we drove away. Clutch not covered under the 3 month warranty apparently. Where would we stand for reject or repair?

    • Hi Andrew. It is difficult, as a clutch is a wear-and-tear item. If the dealer does not accept your claim to reject the vehicle under the Consumer Rights Act, you will need to get a second opinion from a suitable third-party garage and probably a lawyer.

  610. Hi there,
    I bought a hyundai i30 5 months ago. The car was on 33000 miles with no service history for 4500 pounds on finance over 3 years. The warranty that came with the cars was either 3 months or the first 3000 miles. I have done 9000 miles taking it up to 39000 miles and the timing chain has gone. The car needs a new engine my mechanic has advised. Do I have any rights in regards to taking it back to them for a refund/repair?

    • Hi Brad. I think you’ll find it difficult to win a rejection case for a broken timing chain on a car with no service history. The very reasonable counter-argument would be that you should have had the car serviced as soon as you bought it, which would have presumably identified that the chain needed replacing (or prevented it from breaking).

      I would suggest the best way to maximise your chances for rejecting the car would be to get a good lawyer to argue your case, and hope he/she can do a better job than the dealer’s lawyer.

  611. Dealer lied about mileage, knowingly or unknowingly, on auto trader so we went to see vehicle. Dealer then showed what he told us was the mileage.. an extra 1000 on top of what was advertised. When we got home it turns out the real mileage was 30000 more, this is also on the signed paperwork unfortunately. Do we have any recourse?

    • I’m not sure how you’d stand legally. On one hand, the advertisement (if you still have it) is clearly wrong, so you could argue being mis-sold. However, you have signed a contract with the correct mileage on it, which is likely to weaken your argument significantly. What the salesman told you verbally is not acceptable evidence, as he could swear on a stack of bibles that he said no such thing.

      I’d suggest talking to a solicitor for some professional legal advice and support.

  612. Hi. I bought a car from arnold clark and after a month start making problems and they took it back and got another one ( same model but newer and more expensive). That car start makin same problems but arnold Clark couldn’t find faults. I manage to find first owner and spoke woth him, he said car made same problems to him ao he returned the car. So i got a faulty car. Tild A.C I’ll take them to court so they said i can chose another car/make and will apply for refinance. But finance companies refused to fiance anymore and another 5 companies the same because they applied to many times. Now i ended up with a faulty car and nobody will give finance anymore. Can i take them to court with last ovner declaration and other stuffz

    • Hi Adrian. I would suggest you talk to a solicitor about your case. If you have accepted an offer of a replacement car, this is potentially outside the allowances of the Consumer Rights Act 2015.

      If you are not able to get a new finance agreement, you will have to push for your current car to be repaired. Continuing to shop around for finance will only hurt your credit rating further.

  613. Hi Stuart bought a car from Ford it was recalled due to engine problem we were not advised of this when we bought it in Jan 16. Car has been in drive way from Dec 16 until now as health problem and couldn’t drive it. Discovered car won’t as r3ady to get back to driving same problem again and it is back at ford dealership car has 20202 miles year 2012 fOrd focus 1.0 echo quite a few of these were recalled then. Surely we should have been advised no matter when it first got recalled. Thank you.

    • Hi Lorraine. If you bought the car from a Ford dealership, it is normal practice for the dealer to check for any outstanding recall or campaign work before they hand the car over. Similarly, if you take the car into a Ford dealer for a service, they should check for any recalls or campaigns as a routine part of the job.

      You would need to know the date of the recall or repair campaign before you have an argument with the dealership. If it was before you bought your car, you can argue that they should have conducted the work before you took delivery. If it was after you bought the car, it’s really up to the manufacturer to try and contact you rather than the dealership.

      From a legal point of view, it would depend on not just the dates but also the nature of the recall and problem. Most recalls in the UK are voluntary, and it is likely to be the case for your car. Compulsory recalls are only usually ordered by the government for serious safety-related issues. If you believe you have a viable case, you would be wise to get a solicitor to assist you in working through the case; it may be that simply the threat of legal action could spur the dealer or Ford GB into action.

  614. Hi there , I bought a new car and went to dealer to collect and after signing all the paperwork they came and told me that somehow it’s been accidentally been scratched all down the back door n that they will give me a courtesy car till they have fixed it, they said they will replace the whole door.
    I’m not sure I’m happy about paying £21k for a brand new car that’s already had to be repaired and had new door fitted as I’ll be getting something without all original parts.
    Could you suggest what I could or should do please I’m feeling stuck
    I still don’t have car and still driving courtesy car at the moment

    • Hi Claire. You’re probably lucky they bothered to tell you at all, as they are not legally obliged to. If it’s not major damage (so basically just some cosmetic damage), the dealer is not obliged to tell the customer. It happens all the time – as you can imagine, with several million new and used cars sold each year in the UK, there will always be paintwork being scratched or alloys being kerbed. I’d say it’s very unlikely they would replace the door for a scratch, so it is more likely to be the door skin (outer panel) rather than all the internal bits as well.

      If it simply cosmetic damage, you probably don’t have the legal right to reject the car. You can certainly kick up a fuss with the manager, which may lead to a small offer of goodwill to placate you. Legally, they’re not even obliged to provide a courtesy car.

  615. Hi, last week I decided to purchase a 2016 car from a garage over 300 miles away based on the salesman walk round appraisal video of the car.

    I have kept a copy of the video as the salesman states the car “Is a very clean, clean car” & “Has been very well looked after”
    The car was transported down to a collection point and I picked it up late evening after the car had been valeted.
    I inspected the car at the time of pick up and it was gleaming.

    Four days later I washed and leathered the car over and noticed they had used special polishes and waxes to hide scuffs on the paintwork and plastic trim / bumpers. Hence why I couldn’t notice them upon pick up

    I have since emailed the general manager of the garage stating that the video description I received of the car from the salesman does not mention any dents or scuffs and is not a true reflection of the vehicle at point of sale.

    I have requested they either replace and repair the damage at their cost, or replace the vehicle for a like for like spec and last resort a full refund.

    What are my rights as I feel deceived into buying something which had I known of the damage. i would not had purchased the car.

    Thanks

    • Hi Ryan. I’d say you’re unlikely to successfully reject a used car under the Consumer Rights Act for some minor cosmetic issues. You may be able to get the dealer to cover the costs of respraying the trim or bumpers, but they are unlikely to agree to a replacement vehicle or refund.

      However, if the purchase was conducted entirely off-site and you did not set foot in the dealership at any point, then you have 14 days to change your mind and return the car.

  616. Hi Stuart, I have a 2012 automatic Chevrolet that I bought from a dealer. It had 3000 miles on the clock at just under a year old. I have had a service plan with the dealer since I bought it and it now has 29500 miles. It has just died, having to be recovered and taken to the garage needing a new gearbox after no warning. They have said it would be £12000 for a new gearbox which is more than the cost of the car. Can I legally reject the car after 4 years as the gearbox was obviously not fit for purpose? I am in limbo at the moment.

    • Hi Susan. It would be extremely unlikely that you could make a case that the gearbox was not fit for purpose after four years of use, unless this a common problem on that model vehicle.

  617. Hi Stuart, I bought a used car on 17/2/17. I reported 2 faults with it on 26/2/17 and requested a refund. The dealer refused, I advised him of CRA2015 and he refused again but offered to fix it. It was with him for repair and investigation from 1/3 to 10/3, and I reported the fault still being there on 15/3/17 and requested a refund again. He refused initially and said he’d look at it again but I refused and insisted on refund. He agreed verbally and said he’d put it in writing, but sent a letter on 20/3/17 offering a partial refund, charging me £150 for fair use. I wrote back rejecting the offer on 21/3/17 and have heard nothing since, except that on the phone he said he’s sent another letter and a message telling me he’s made an offer already.
    What are my rights here? Am I entitled to a full refund and should I pursue it through legal action?

    • Hi Liz. Your right to reject a used vehicle for a full refund depends on the nature of the fault – realistically, it has to be significant enough to affect the vehicle’s roadworthiness or safety. You haven’t stated what the fault is, so it is impossible to suggest whether you have a reasonable argument.

      To be able to reject the vehicle under the Consumer Rights Act, you need to formally notify the dealer in writing and make it clear that you are invoking your rights under the Act. If your letter doesn’t make that clear, the dealer could argue that they are making an offer to resolve the situation but which is not related to the Act.

      If you feel that you have made your case clearly, and that you are on solid ground regarding your right to reject and your handling of the rejection, and that the dealer has not responded satisfactorily, you will probably need to get legal assistance. There may be an option for an alternative dispute resolution if the dealer is signed up to a programme like The Motor Ombudsman, but this is not compulsory for dealers so it usually means threatening court action.

  618. Hi Stuart, i bought a used car 7 days ago from a dealer. Unfortunately i was in a point of desperation as i had to sell my old vehicle due to having already arranging this and needed a car asap for work and family commitments.
    I spoke to the car dealer on the telephone before i made the 40 mile trip and he said the car previously had the engine management light on so he had it looked at and needed the throttle replacing. After that was done the eml went out. However once i got there he told me to take it for a test drive and i noticed the eml was illuminated and the tracking was out. However due to the circumstance i was in i said ok i will take the car but i wanted money knocking off as i would need to take to the garage and have the problem sorted. He said he couldn’t do that and it would need to go back to them for the work. I agreed to return it this Saturday for the work to be done. But having a week of driving the car it feels like there are more problems with the car than meets the eye. It doesn’t drive at all how it should and i am worried that these problems will continue even after the eml and tracking have been corrected. Can i reject the car when I return on Saturday?

    • Hi Mark. You can reject the car, but you will need something more concrete than “it feels like there are more problems” if you want to have any chance of the dealer accepting your rejection. If you’re not sure what’s wrong, you can get another garage to inspect it (at your expense, obviously) so you have some actual evidence of problems.

  619. Hi Stuart, i’ve just bought a brand new Focus ST and picked it up yesterday morning, however after signing the PCP finance contracts and other paperwork, i noticed it hasn’t got one of the extras that i’ve paid for which were the Door Edge Protectors. This extra is on the paperwork given by Ford and signed by me. I showed the guy immediately and reported it to him, told him i’m furious and call you later as i was rushing to work. He later told me that it was a mis-build by Ford, and they can’t install the Door Edge Protectors at all after delivery, before i go tomorrow afternoon to meet with the manager i wanted to know what rights i have in terms of compensation? Because the annoying thing is if they offer to order me a new one to my actual spec that i’ve paid for, the new car will now be on the new higher tax rate @ £555! Opposed to the current £185, so i’d be further out of pocket for years to come if that was there case because of this stupid fault, sorry for the essay mate

    • Hi Ams. I’m surprised they can’t install those after delivery; or it may be that they are hoping you’ll just accept it. I’d get a second opinion from another Ford dealer or a body shop.

  620. Hi there Stuart,
    On 20th March 2017 I bought a Merc A180. It is 3 years old and only 2 months out of manufacturer warranty. It was bought from a car supermarket, not a merc dealer. It carries 2 mnths warranty from the car supermarket. At the time everything appeared ok. The first rain fall we had and the back passenger footwell was full of water. Not just a bit but absolutely sodden. I did a bit of research and apparently this issue is known by Mercedes but as of yet there hasn’t been a recall. I’ve arranged to have Mercedes have a look at it before I approach the dealer who sold me the car. (Not to do any work just to have a look) I’m assuming this water leaking in gives me full justification to reject this car and get a refund. Shall I still get Mercedes to have a look before I approach the car supermarket dealer though?

    Many thanks

    • Hi Ian. You are not obliged to get a second opinion before you proceed to reject the car, but it will certainly help if the dealer refuses to accept your rejection.

  621. Hi Stuart. I brought a car a couple of weeks ago a d it developed faults on the way back. I immediately rejected the vehicle in writing and got two
    independant inspection’s done. Both confirmed injector and turbo issues as well as worn brake fluid and seized caliper. I have wrote to reject but been ignored. Where do I stand mate? Cheers

  622. Hi Stuart,

    Bought a car the other week, a Nissan Leaf, it was missing it’s SD car – not so much of a big deal in a ‘normal’ car, but in the leaf it controls the radio, climate control, navigation and basically all the other functions not relating to the car moving. I bought it as the dealer promised the part within 10 days, its now looking like 6 weeks, I want to reject it based on not being of satisfactory quality and not as described. I assume I have solid grounds to do so as nothing works, cant even set the clock on it.

    • If it’s a new or near-new car, you can probably make an argument to reject the car under the Consumer Rights Act. But if it’s a few years old with plenty of miles on the clock, it’s probably more difficult to justify. I’m surprised that it would take that long to get the card. Have you tried contacting Nissan UK or a Nissan dealership?

  623. Hi
    I brought an approve used car from a well known dealership on 17/12/16. When we had the car two weeks in I noticed the bulb light icon kept coming on the dashboard so went to a local place and replaced the bulbs. The problem was still there a week later so I called the dealership and explained. At this point id had the car 3 weeks. They booked me an appointment with the same dealership just one that was nearer to where I live. The same day the nearer dealership phoned to say they were sorry but they had a 3 week waiting period and the original dealership should not have booked me in.
    Two weeks after this (ive now had the car under 2 months) the bulb is still out and im getting a strange sound from the gearbox. I phoned the dealership and they had a look at the car, and left it two weeks to book us in for a gearbox change (under the warranty) and was told they would fix the bulb connection issue too. a week after that the gearbox was fixed but the bulb connection issue still not resolved. So ive now had the car 3 months. I phone and explain the bulb connection problem still is not fixed so a week later i am booked in specifically for them to fix this bulb issue. We were sent on our way but when we got home the problem is still there! I phone again and they give me a two week wait for someone to collect the car. This is today. They call an hour after it is meant to be picked up to say that the driver had called in sick so they were not picking the car up.

    I am calling them every other week and it is getting stressful. I want to reject the car as ive had it under 6 months and they have failed to fix the bulb connection issue twice now. I am spending money getting to and from the dealership, having time off work and spending money on taxis when they have the car.

    The car is defective and if the police pull me over I have only had my licence less than a year I fear I will be fined.

    what are my rights in getting a refund for the vehicle? also I purchased an expended warranty will I get this back?

    Many Thanks

    • Hi Sian. If the fault is that the bulbs are not working and therefore your car is potentially not roadworthy, you would have a case to reject the vehicle. If it is simply that the warning light is triggering when it shouldn’t, it would be harder to justify rejecting the whole car.

      If you do reject the vehicle, you probably won’t get a refund for the extended warranty. You can cancel that separately and you may get a refund for whatever unused period is left.

  624. Hello Stuart,
    I purchased a Peugeot which was advertised as having DAB radio. I discovered from the dealership that there is a known fault with the DAB radio on all similar vehicles. I’ve chased for a fix over 7 months and Peugeot will not tell me when a fix will be available. The dealership have been very helpful and they have disabled the function that switches to the DAB radio. This is a short term fix that I do not want to continue.

    A second problem is around the availability of touch up paint. I explained before I purchased the car that I am fussy with the paintwork and would like touch up paint to be able to fix small chips in the future. It turns out that the touch up paint is not available and Peugeot have not yet made this paint available. I am unable to maintain the bodywork if there is a chip through to the metal.

    I’ve been chasing both of these items for 7 months and Peugeot no longer answers my mail requests.

    Can i return the car on the basis that the car does not work as advertised?

    yours faithfully

    • Hi William. I think you will have difficulty convincing the dealer or Peugeot UK that a faulty radio or a lack of touch-up paint constitute reasons to reject the vehicle under the Consumer Rights Act.

      You are outside the rejection period specified by the Consumer Rights Act, so your best avenue for chasing up the radio is via the vehicle’s warranty (assuming it is still under warranty).

  625. Hi Stuart, I recently purchased an approved used Audi that is 2 years old and has a full Audi Warranty. I have had the car a week and it looks like its had some sort of after market exhaust system fitted to the vehicle.

    The car went through 146 point approved used Audi check and has been given a full Audi warranty.

    I have a video supplied by the dealer that clearly shows the exhaust was on the car prior to delivery. If the car failed its mot test 6 months down the line or the exhaust wasn’t road legal, where would I stand.

    I’m happy with the car just a little concerned

    • Hi Paulo. If the exhaust system was not legal, the dealer would not be allowed to sell it. If you are concerned about the vehicle’s legality, you should get it inspected (at your own cost, obviously) now rather than waiting for it to fail an MOT later on.

  626. Hi Stuart, I bought an automatic 2011 VW POLO on 05Mar17 and by 11Mar17 the car stopped working. I immediately called the dealership that I’d purchased the car from letting them know the situation.
    The car came with RAC warranty and so I was able to ise the RAC to tow the car my near by RAC approved garage (also as per instruction form the dealership) and they let me know the car had a major fault in the mega transmission unit as well as the dual clutch.

    I wish to reject the car but I don’t know if it is my responsibility to get it back to dealership (which in in the north of England… And i live in the south) moreover do I have to allow the dealership to jave car repaired?

    • If you are within the first 30 days, you do not have to accept a dealer’s offer to repair the car.

      In terms of getting the vehicle back to the dealership, it will depend on what your sales contract or any other paperwork says. If there is nothing in writing, then it is the dealer’s obligation to collect the car. However, if you are unsuccessful in rejecting the car, you will almost certainly be charged for the collection and return.

  627. Hi Stuart,
    I bought an used car on the 12 March, the dealer mentioned a warning light,and also added on invoice that the “eml” light is on,just said it is the engin management light,but not disclosing exactly what.
    Since I bought it,I have broken down and had to get roadside assistance,and the car has also been into a garage twice,and replacing certain parts. The problem still exists. Will I be entitled to return the vehicle or get a full repair done on the car?

    Thank you in advance

    • Hi Jurgen. If you signed a contract that specifically pointed out that the engine management light was on, it makes it difficult to argue that you should be able to reject the vehicle. I would suggest you ask at the legal forum Legal Beagles to get a professional legal opinion.

    • Hi Stuart,

      Thank you for your reply. So on the invoice that was given to me I signed,it says on there, “spares and repair, no warranty, EML light”. So I wasn’t sure what the EML light means,and when I asked they said could be alot of things,I was not given any description of what it actually means. As my knowledge doesn’t stretch too far on cars,I thought it was just the oil light. It also wasn’t mentioned when I test drive the car,only at invoice time?

      Thank you

    • From an impartial observer’s point of view (like a judge if came to a court), the logical response to that would be “If you didn’t understand it or were not comfortable with it, why did you sign it?”

      From the sounds of it, the dealer was trying to sell the car for spares and repairs only, which is highly dubious. I would suggest contacting Legal Beagles and asking for a professional legal opinion on that, as that description should only be used for a car that is not roadworthy.

  628. Hi Stuart,

    I bought a car (Ford Focus 06) from a dealership less than 30 days ago and I have had a fault with it. The engine management light has come on a couple of times. I’ve taken it to two garages for them to take a look at and they’ve ran a diagnostics both times and the final outcome was that there was a fault in the dashboard which is causing the light to keep switching on.

    As it’s my day to day car I need it to be reliable and don’t feel like this car is. Do I have the right to go to the dealer I bought it from and ask for a refund as I’m not happy with it?

    This fault was not mentioned in any part of the sale (paperwork or by word of mouth).

    Any help would be greatly appreciated.

    Thanks,

    Rob

    • Hi Robert. If there is nothing actually wrong with the car beyond a faulty sensor which is triggering the warning light, I’d say it’s probably difficult to justify rejecting the car. When these cases have made it all the way to court, judges have been very lenient on older cars, so an 11-year-old vehicle that is driving properly is going to be a difficult case to win.

  629. Hi Stuart,

    Just an update from the post above.The Audi Garage called to tell me the car was ready and only needed “regeneration” of the DPF (diesel particulate filter) as it was clogged up with soot. They blamed us for taking short and frequent journeys saying we should take the car on a long drive up the motorway to keep the filter clean.

    I am not convinced with this at all for the following:

    1. We did take relatively long journeys over the 2 week period we had the car.

    2. This was not explained to us as it would not fit with our needs (the car is for my wife mainly for school runs)

    3. This is not as common problem in the new cars as they tried to convince me. I had many diesel cars (Volvo XC90, Audi A6, BMW X5, Skoda) and non of them had the same issue.

    4. I understand all new cars including this model have an “active regeneration” system where the car would automatically do the clearing up when needed.

    5. The garage advised us if we had a similar problem is to drive the car for a long drive to force the regeneration. I do not think this is safe nor wise as the car power dropped significantly (max of 48 mph after flooring the accelerator) and I would not be following the warning advice i.e. contact the dealer immediately.

    I sought advise from Citizen’s advice consumer helpline who explained to me what step I need to take with the dealer OR the finance company.

    I am still not clear if the fault discovered is enough ground to reject the car as not of a satisfactory quality (SQ)?

    Please advise

    • If it’s a DPF issue (and they are common), there would have been an initial warning light (usually yellow). This is basically the instruction to take the car for a longer drive (usually 20-30 minutes at about 40mph is plenty) to clear the filter. If you have got to the point where the car has lost power and come up with the (usually red) warning to say “pull over and call Audi”, then you must have ignored the initial warning light for some time.

      DPF issues can and do flare up on brand new cars in city driving environments. Often this is because the car is still effectively running itself in and the engine is not running at its most efficient levels, which can cause a larger build-up of diesel soot than normal.

      A DPF issue is highly unlikely to be considered an acceptable reason to reject the vehicle. By the sound of it, the filter and car have worked exactly as they are supposed to.

  630. Hi Stuart I did business over the phone with the sales person although via a third person in the office can I still get my deposit back via distant selling?
    Roy

    • Hi Roy. Good question, and I’m not sure what the answer would be. If you have authorised someone to sign a contract on your behalf, I would say that you bought the car on the premises. But I’m not a lawyer and suggest you get professional legal advice.

  631. Hi Stuart,

    I bought a brand new Q7 only 17 day ago. The car suddenly developed a major fault (Driver fault warning light came on and shortly after the car lost power as it would not go faster than 50 mph). Audi rescue failed to correct the fault hence they took it to tAudi garage for a full check up and I am still awaiting their feedback.

    Under the new consumer act, would such a fault constitute a major fault if it is repairable?Is it also classed as present from new as we only drove the car for 700 miles and only in the city.

    I am also wondering if the same fault happen again after the 30 days window would it be treated the same way i.e. I could get a full refund?

    Many thanks

    • It depends what caused the fault. Modern cars have built-in failsafe systems to protect the engine, so it could have been something simple that triggered the ‘limp-home mode’. Until you get some sort of advice from the dealer, it’s difficult to say.

  632. Hello Stuart,
    I bought a van Saturday 18th of March and the day i collected it noticed that the loading slide door didnt open with the remote once it had been locked ( i had already paid in full) You could climb in the back of the van and manually open but as soon as you locked the van the sliding door wouldnt open again. Obviously this is not great if you have a work van full of material and have to climb in to unlock the door. I called the dealer and he said bring it back and we’ll have a look. A week on i am ringing every day and all i get is we are waiting for the lock to be sent to us and why dont you just take it back and use it like that. I paid nearly £ 6000 for this van (mine was stolen few weeks back) and surely you expect the doors to work. I put a tracker and just checked it to find out my van is not at the dealers tonight. I called them and was told it is been looked at by a locksmith! I’m thinking a friend doing it on the cheap.
    Where do i stand with asking for a full refund and compensations for having to pay for a hire van whilst mine is being used by other people? Shouldnt i have been told my van would be taken out of the premises? What if it was involved in an accident or stolen?
    Hope you can help
    Thank you in advance

    • Hi Veronique. The Consumer Rights Act 2015 only applies to vehicles bought by private individuals for private use. As your van is a work vehicle, you don’t have the same rights to reject it.

      When you hand the van over to the dealer to work on, you are basically authorising them to take whatever action they need to fix the problem. There is usually a form to sign when you do. You are right that the dealer should really have told you that they were going to send the vehicle off to a third party for repairs, but assuming the locksmith is local they don’t really have to (as far as I am aware).

      If the vehicle is damaged or stolen during this time, it is the dealer’s responsibility and insurance which would cover it. Likewise, it the vehicle accumulates any speeding/parking fines, it is up to the dealer to pay them.

    • Thank you so much for your reply. The garage has fixed the van but returned it with a chipped windscreen and since we didnt leave in very good terms i will have it looked at privately.
      Once again thank you for taking the time to reply.

  633. Ok, good advice thank you, I will pop down and see the third party repairs, to see if I can get a statement that compliments the inspection that I had done.

    If I had to take this case to the small claims court how long do you think it would sensible take to get my money back? Happy to pay for a solicitor (if I can claim for that as well).

  634. Hi there,

    I purchased a second hand car for 8000 19 days ago. Within the first 8 days I wrote to the dealer explaining there was faults with the car. Within 12 days the dealer had responded asking the car to be dropped back to them. Within 14 days I had returned the car. How ever I first took the car to a local garage and had a a documented inspection done.

    The dealer has now had the car 5 days and I have phoned the local garage they are using to repair the car. The local garage have listed a number of faults and said the garage that I purchased the car have not come back to them yet, to authorise the repairs/further investigation.

    The garage that sold me the car has made no attempt to contact me.

    The repairs and further investigation be be very costly, upwards of 2500.

    The sensible option is to reject the car, as I expect the garage will simple send it to auction,

    I have fully documented the encounter with video’s, recorded letters and recorded phone calls.

    What should I do next?

    Many thanks

    • Hi Jim. As soon as the dealer had the car in their possession, your 30-day counter stopped. So effectively you have only had the car for 14 days (at most) for the purposes of the Consumer Rights Act.

      You can formally reject the car as soon as you want if you are confident that the faults justify it; you don’t have to wait for them to call you. The dealer is entitled to inspect the vehicle, which they are currently doing, as they may choose to dispute the rejection.

      I’m not sure if you can use any recordings you have made as evidence, unless the trader was aware you were recording and agreed to it.

  635. Hi Stuart
    I apologise in advance if you have already been asked a question similar to mine

    We are returning a car, due to it being faulty, the dealer is arranging a third party to collect it, once its returned to them they are going to inspect it which is understandable. Can they make any deductions for scratches/marks if they say we have done any, (which I’m sure we haven’t, car has only been driven 26 miles since the Mot the car sales provided us and a Vosa arranged, Dvsa proformed Mot) when we’re in our 30 days of right to reject? (purchased car 7/3/17)

    Thank you in advance
    Vicki

    • Hi Vicki. The dealer has the right to expect the car to be in good condition. If it has only covered 26 miles since purchase, it should be in exactly the same condition as when you bought it.

      If you are concerned, you should take a number of photos of the car to show its condition prior to its collection, making sure they contain a date.

  636. Hi Stuart

    I purchased a new Mazda CX-3 on 1 Sep 2015 (a while ago now) and since day 1 it has had problems with its “infotainment” system. Briefly, the system will turn itself off and then re-boot whenever it likes and also when the vehicle is in motion. It did it constantly for over 6 minutes once. The car has been in and out of the dealership for the last 18 months plus for constant software updates, firmware reloads and a new satnav unit. None of these have solved the problem. Also, if I use and extension lead in the power socket, it blows the fuse (used the same extension in my previous car and not a problem), the DAB reception keeps dropping out, and the radio goes off when the boot is opened. The car has been back to the dealership for all these problems. It went back in in early December 2016 – nothing was done and they told me they’d call the the following week as they were expecting yet more new software. I had heard nothing from the garage by the end of January 2017, so I wrote to the dealership and Mazda UK, and it was only after going into print that they acknowledged that this was an ongoing fault on a number of Mazdas (different models too). I know hindsight is a wonderful thing and if I’d known the problem was going to go on a as long as this, I would have rejected the vehicle long ago. The vehicle is worthless to me as morally (and legally?) I cannot sell the vehicle. Where do I stand with trying to get my money back or the vehicle replaced?

    • Hi Sue. You are well beyond the coverage period of the Consumer Rights Act, so your only course is really to pursue Mazda UK. Your car will still be under warranty, so you can demand that the problem is fixed or the vehicle replaced. If you are not getting anywhere with Mazda’s customer service department, you may need to engage your own legal assistance to fight your case.

  637. Hi Stuart. I purchased a used car 3 days ago and found a list of faults from a garage inside the car. Then yesterday i noticed there was an oil leak mentioned on the list and a few other things on the the dealership knew before selling the car. I’ve asked for a refund and the dealership are saying the problem is they’ve sold my car for less and is trying to pressure us into getting a different car from there forecourt. Legality where do I stand.
    Regards Andrew

    • Hi Andrew. If you are rejecting your vehicle under the Consumer Rights Act, you are entitled to a full refund for the invoice amount of the vehicle. The fact that the dealer has made a loss on your part-exchange is not your problem. You are not obliged to accept another vehicle, and doing so will effectively waive your rights under the Act.

  638. Hi Stuart,
    I have just rejected my vehicle which has been accepted by the finance company and the dealer. I have received an offer from the finance company to repay my deposit and monthly installments plus 8% interest. The thing is, the calculated interest payment only works out at less than 2%. I have questioned the finance company but he said he could not explain it, only that the figures are correct. He stated that they just use an excell spreadsheet that calculates it for them and that its is not actually 8% they pay, its based on several factors including how long they have had the money. This sounds more like an APR as apposed to a flat rate percentage. My question is, is it written in law what interest they should pay?

  639. Hi Stuart, I am hoping you can help. I brought a Vauxhall Zafira in August 16. Within days the car lost power, we contacted the dealer who collected the car (unwillingly) and repaired it. We then had the vehicle inspected by Vauxhall who confirmed the repair was a bodge job and would fail the forthcoming MOT. We went on holiday and on return as advised to the garage we would contact them to repair properly. We were not and have not been able to get through to them since & that was 2016! Almost like they will not answer from my number. Now the gearbox has failed at 80k miles, a significant fault I would presume & a repair bill of £2.5k. The car has outstanding finance as only brought in August 16. I have owned it for just 7 months. I am not confident with the garages repairs & after he got abusive do not want to return. Can you please let me know if I have any rights at all?
    Many thanks

    • Hi Tracey. I would suggest talking to the finance company, as they will have to approve ay rejection claim (it’s their car, not yours). Depending on how long the garage had the car for repairs, you may still be within your six-month period for the purposes of the Consumer Rights Act. Any days when the trader has the vehicle, as well as any days between when you booked it in and when it was actually taken to the garage are not counted towards your ownership period, to prevent dealers delaying any repair work to try and avoid their legal obligations.

      For example: if you spoke to the dealer on Monday, they collected the car on Thursday and gave it back to you on Friday, you can usually claim all four days from Tuesday to Friday – although this assumes that the car was available for repairs from Monday and they did not collect it until Thursday. If they couldn’t collect it because you didn’t make it available, thats’ a different story.

      If the dealer will not agree to any meaningful discussion on the matter, you will realistically have to take legal action against him. By the sound of his behaviour so far, this may be the case for you.

  640. I bought a used car from a Jaguar dealer it has only done 30000 had it for three days opened the sun roof and found the frame all rusty can I reject the car under there 30 day/1000 mile exchange promise

    • Hi Louis. It will depend on the nature and prevalence of the rust, and the wording of the dealer’s exchange policy. Some policies allow you to exchange the vehicle for any reason, others require a fault of some sort.

      This is separate to the Consumer Rights Act, although the dealer’s own policy cannot override your legal rights.

  641. Hi Stuart,

    We bought an AUC from a Mini main dealer, it had cosmetic isuses upon inspection after pick up which we reported and got it booked in for the repairs. The car came back to us with sub-standard repairs and a horizontal dent in the boot lid! I rejected this immediately. I asked to get the work done at a closer garage which the dealing salesman declined as he wanted to use their own dent guy! I agreed to this. Rearranged to bring the car back on 1/3/17 (this is a 40mile round trip each time) and was told it will be 3 days. I chased them on 3/3 the car had only been assessed, booked in for monday 6/3. No call on the monday so I waited until 8/3 to chase again. It still wasnt ready! We eventually got the car back on 13/3…the car was in a worse state than how we left it, dent on boot removed, new dents on roof, gouge & scratches down passenger side of roof, chip in rear bumper that they tried to touch up and not report to us and many more. I again rejected for a second time and told them I would not allow them to touch it again. I took the car to another approved Mini body shop for repair quote: £1800 to rectify all the issues the selling garage have caused. Minus the days the car has been at the garage we’ve only owned the car for 23 days.

    Do I have a case for rejection?

    We have lost all trust and faith with the dealer, the approved bodyshop assessed the damage as borderline repairable as far as the dent removal for the roof is concerned.

    • Hi Rich. That does sound bizarre. Cosmetic issues on a used car are difficult to argue, as they are not detracting from the car doing its job and the Consumer Rights Act is really aimed at significant failures. You are alleging damage that has taken place while the dealer has had the vehicle, but I’m guessing you don’t have photographic before-and-after proof of this?

      I would certainly be taking up the matter with the dealer principal/general manager. You can certainly try to reject the vehicle and see if they accept it, but it is unlikely. They may be agreeable to compensation for your inconveniences, but unless they are legally obliged to accept a rejection they are not likely to do so.

  642. Hello Stuart

    I have just bought a used vehicle (today!) from a national dealership. The car was advertised as having satellite navigation, very prominently – I have a hard copy of the advert.

    I contacted the dealership and their response is ‘bring it back’ and we’ll refund you…

    Where do we stand? Do we have any grounds to expect the dealership to put this right, i.e. retrofit the navigation?

    Thanks

    • Hi Seamus. Under the Consumer Rights Act, you have the right to a full refund. You can try to negotiate an alternative resolution with the dealership if it is mutually beneficial, but the dealer is not obliged to offer or agree to any alternative.

  643. Hi Stuart,

    I bought used car under £600 (12 years old) however I discovered after that it is faulty and needs work done on it that would cost me well over £300.
    Suspension
    holes under chassis
    Faulty AC
    etc

    the car is still within 30 days of purchase. I believe I have the right to reject the car based on these faults as it is not fir for purpose( let alone being not as described)

    Could you please advice?

    Thank you

    • It will depend on the nature of the faults. For a car that cost less than £600 from a car dealer, a judge would be extremely lenient if it ever got as far as a court (which you would hope it wouldn’t, as the legal costs would dwarf the vehicle costs). If the vehicle has a valid MOT certificate, your chances of getting a successful rejection out of the dealer are going to be slim.

      Your best chance of successfully rejecting the car is likely to be if it is not as described. You mentioned this but did not provide any detail; if the car does not match its description (in a meaningful way), you are within your rights to reject it.

  644. Brought a car from Yorkshire Trade Car Centre, it turned out to be a lemon, when I put it in for it’s MOT after a year and only 1400 miles (it spent most of it’s time at the garage being repaired) it turned out -after checking past MOT’s that the MOT it came with was fraudulent, a friend pointed me to a government website where you can check the MOT history of cars, had I known about it I’d have checked this car and not touched it with a barge pole.

    Naturally the car dealers won’t accept they sold a death trap car with serious faults (V8 with two cracked exhaust manifolds, brakes that were not reliable plus a whole heap of other faults that could only have been there when brought) LawGistics defends this sort of crooked car dealer. My disabled wife and I have effectively had £5k stolen from us, put our lives at risk and LawGistics are happy to defend this disgraceful car dealer.

    • Hi Clive. Lawgistics is a specialist legal firm for the motor trade, so it is entirely normal for their people to represent car dealers in legal matters. That is no different to any other law firm specialising in a particular industry, so there is no point being critical of a legal firm representing its client to the best of its ability.

      However, if you have not engaged legal counsel in this sort of matter and the dealer has, it makes it very difficult for you to win. A court will always listen to both sides of an argument and it often comes down to whose lawyers are better at representing their client’s position.

  645. Hi
    I bought a 2011 Peugeot 207 last week from a dealer through HP finance. The car came with 6 months warranty and 6 months breakdown cover. I thought I’d found a nice reputable trustworthy dealer.
    I was given the documents in a plastic sleeve and didn’t check the MOT properly at the time, as I was guaranteed a 12 month MOT.
    I did check it when I got home and the advisory on it says the tyre is worn, close to the legal limit and the front brake disc is worn and pitted/scored. I checked the tyre and it is completely bald at the side and the brakes had begun to squeal…I complained to the dealer saying he should fix these issues, he said the car is legal and he would not. I complained to the finance company who said the same. I had the car put through another MOT…just to be sure of the tyres legality.
    It did pass, but advisory states both front brake discs are worn, pitted/scored also the worn tyre but this MOT advisory also states an oil leak central front (?) and the rear exhaust mounting has been repaired with a jubilee clip.
    Surely, I am within my rights to have the HP finance company get these issues rectified…yet they refuse as the car is ‘legal’
    I told them I was no longer willing to keep the car, as the above issues will cost a small fortune to repair. All they said In reply was – if I refuse to honour my agreement with them they will have my wages arrested…
    After reading previous queries on here, I can see I am stuck with this car and all it’s failings.
    I can only hope the engine falls out over the next 30 days.. Then hopefully I will have the ‘right to reject’.

    • Hi Eleaner. Dealers are not obliged to repair items which are MOT advisories, only items which cause the car to fail its MOT inspection. If you want a dealer to fix an MOT advisory item, you need to negotiate that as part of the purchase.

      MOT advisories do not give an indication as to when an item will need replacing; depending on your driving, it could be three weeks, three months or three years. It is simply advice that an issue is starting to develop which will require your attention at some stage. Some cars will have the same advisory points for several years but still pass their MOT tests.

  646. Hi Stuart, I bought a used car from a dealer on 23/01/17 with 41 000 miles on the odometer and written on the invoice. I went to France with the car, stayed 2 weeks (this was planned before buying the car) and when I came back, I checked the MOT history on the DVLA website, and I found out that the car had 38 000 miles in 2008 and on the next MOT in 2009 the car had 7 000 miles… Obviously something happened, could be the engine had been changed or only the odometer. The problem is I have no evidence of anything and the dealer didn’t mention it. I went to the garage to take the car back but he refused to give me a full refund and refused as well to put this in writing. I sent him a letter which he received on 22/02/17 to inform him that I no longer want this car and the car is available for collection by him. I stopped using the car immediately and also cancelled the insurance. Can you tell me if I did everything how it should have been done ? And what next can I do because he doesn’t really want to give me a full refund because I went to France with the car. Thank you. Adrien

    • Hi Adrien. You gave written notice to the dealer within 30 days, so the trip to France is legally irrelevant. As long as the car is in essentially the same condition as when you bought it, the dealership has no recourse to reduce the refund amount or refuse to accept.

      This doesn’t mean that he will play along nicely, and you may need to take legal action to get your money back. There is no guarantee you would win in court, but you could probably make a pretty good case that the car has been mis-sold.

  647. Hello Stuart, we bought a fiat idea automatic car on HP whilst on holiday in Wales. We picked it up the evening before we left for home at this point we had driven it approximately 4 miles. We drove it home the next day and after about 40 miles the car blew up! The dealer picked it up from our home in Lancashire when he returned from holiday 2 days later and had a reconditioned engine and timing belt put in. We moved to Wales where we bought the car and picked the car up then this was about 6 weeks later. A few weeks later we went for a drive to LLandudno (24 miles) parked up for the day but on our return the warning light came on saying engine failure, we were recovered back to the dealer who said it was a faulty light but had the car for a couple of days when we picked it up again from him. The car was only used for local journeys after that and on a visit to the local hospital (3 miles) the car failed on the return journey, again the warning flashed up engine failure. The car would not go out of 1st gear but the revs were increasing. The dealer picked it up again and as our warranty was only 5 days off expiry he said he would extend the warranty. A few days later as we were returning home we saw the dealer loading our car onto his transporter he said he had driven it around for an hour and it was fine but when he drove it off the transporter the gears failed again. He was very frustrated holding his head in his hands and muttered something about it being a flat battery and not having time for this and off it went again. My husband (the driver) received a text saying the car had been booked into a fiat repair shop the following Friday and the inexplicably this was cancelled. The car was returned to us again with no notification still undriveable with a muttered sorry. Our finance company eventually had the car inspected who declared it as unfit for purpose and due to the low mileage in the 6 months we had had it concluded that it was sold to us as unfit for purpose. The finance company eventually managed to contact the dealer who will not accept their decision and has stated that my husband drove it from North Wales to Manchester in first gear which is why it blew up! What happens next? Is there anything we can do, as we are still paying the finance company and \i am disabled with mobility problems and cannot get out without a car. We cannot afford to take on another car until this is resolved and it has been 6 weeks now without transport.

    • Hi Norah. If the dealer is refusing to accept the rejection, you will need to take legal action to pursue the matter. There are alternative dispute resolution options available, but usually it means that you need to engage a solicitor and take the dealer to court.

  648. HI Stuart,
    I bought a brand new BMW i8 on 26th November 2016 with PCP finance from BMW financial services. We noticed a loud whirring noise from the electric engine and took it back to the dealership on 10th December after 14 days of ownership. They diagnosed a fault with the electric motor which needed replacement. By the 28th December it was still not ready to collect and we were told it would not be fixed before the new year. We enquired about rejection process for the vehicle from the dealership, who acknowledged the email and said would escalate to managers. We heard nothing more from them except a miraculous phone call the following day saying it was ready for collection. Having heard nothing from the dealership, we collected the car, as any normal person would.
    Having still not heard from the dealership, and having done some research online ourselves, we went direct to financial services to commence the rejection process on 13th January 2017 (after 29 days of having the car actually in our possession).
    They have rejected our claim on the basis we collected the car on the 29th December, but make no acknowledgement of the fact we wanted to reject before collection and was not given the information on how to do so. Although the car is now fixed, we believe we were still within our right to reject the car and force financial services / dealership to accept the car back and refund all payments made on the car and clear the outstanding finance. They have accepted there was a major fault and have offered 1 months lease payment as compensation for the time the car was in their workshop, which we have not accepted.
    Do you think we have a valid case if we took this to the financial ombudsman? And in your experience, how long does this process take? If we accept the compensation payment, will this affect the ombudsman’s review of the case – is this seen as an acceptance of the outcome from our part?
    Thanks
    Viv

    • Hi Viv. Once you collected the car, you have essentially forfeited your right to reject the vehicle as you have accepted the repair. You can dispute this and argue that you were misled by the dealership, but it does make your case more difficult.

  649. Hi there,
    I have recently purchased a van with a trader, which came with 6 months warranty and was AA assured to be in good working order. I had to travel a couple hours by bus to retrieve the van as they couldn’t deliver all the way to my address, even though they advertised nationwide delivery!
    When the van was picked up, it seemed fine. Only faults so far were: No CD player as advertised, no working radio, driver-side wing mirror attached with rubber sealant (extremely bouncy and useless).
    The van got home in one piece, but once I had a proper look in the cargo space I found that the end floor panel was very rusty and patches were crumbling away as I swept the dust off it – I can see the road through the floor. So I can’t use the cargo area to hold things in case they fall through.
    If that wasn’t bad enough , after a single night of light rain showers, the interior lights were full of water and dripping down on me. It’s been a few days now and the driver-side floor is soaking wet, and so is the seatbelt for some reason.
    I have told the dealer the problems, he said he will look at the wing mirror and leak, but lifting the plywood floor isn’t in their checks and the floor problem (the big problem!) seems to have been disregarded!
    The dealer also wants me to drive this faulty van back to the dealership (nearly 5 hours away, the other side of Scotland!) even though I have pointed out several times it is his obligation to collect the van. I said I might be able to meet him halfway and he said I should be aware that this could incur cost to me.
    He keeps dragging it out and I only have a few days left to cancel my insurance before having to pay an entire years worth.
    Please help!

    • The Consumer Rights Act only covers private purchases for personal use. If this is a work vehicle (which I assume it is), then the laws for rejecting the vehicle under the Consumer Rights Act do not apply.

      However, it sounds like the vehicle is in very poor condition, so you should be taking issue with the description and the AA report. If it was mis-sold, you should be able to get your money back. But you may have to fight for it.

  650. Hi All,
    Just wanna know where i stand on my case.
    I bought a new Mercedes on PCP on 2nd Feb 2017 from Lookers MB Maidstone (a franchise)
    On the 13th Feb 2017 the car would not start.
    We called MB Assist and they took it to MB Colindale (a MB garage).
    Long story short, i emailed the finance company and Lookers MB on 14th Feb 2017 to reject the car as it was not fit for purpose. MB Colindale say the car has “unidentified error”. MB Maidstone are saying that i can not reject the car as they can fix it. They have not supplied a replacement vehicle and it has been 2 weeks. I have again today stated to the finance company MB Finance that i wish to reject the car and cancel the agreement.
    I am within my rights aren’t I? Even mor so as i rejected within 14 days too….
    hope to hear from you.
    Thanks
    JP

    • Hi Jasson. Your right to reject depends on the nature of the fault. If it renders the car undriveable (which appear to be the case), you can reject the car. You need to do this in conjunction with the finance company, as it is their vehicle and not yours.

      The fact that the dealership can fix it is not your concern. As long as the fault is considered significant, you do not have to accept a repair.

  651. I bought a car at auction which had been traded in by a dealer, car was described as a Golf GTI and mentioned 2 services by volkswagen. Having purchased the car it turned out that the car had been imported and was not mentioned on auction literature, it also failed to mention that this was not a standard car but one that had been heavily modified with performance upgrades. Although brochure did state sold as seen I was not aware it had been imported, the number of owners or that it had been modified. It also mentioned that new buyer had to apply for V5 when in fact the auction house was able to supply this. Any advice greatly appreciated.

    Thanks

    Paul

    • Hi Paul. You should be able to go back to the auction house and cancel the purchase if their description is not correct. However, it is likely to depend on the wording of the vehicle description and the auction house T&Cs. The Consumer Rights Act does not generally apply for purchases from auctions.

  652. Hi Stuart

    I hope you can help me, or let me know if I am just being to picky! I recently bought a 3 year old car, from a well known internet dealer, as such I wasn’t able to view the car I was actually buying, except by the pictures they had listed. I asked if the vehicle had full service history, to which I was told yes. I also asked if the paintwork was pristine, to which I got the reply that “the bodywork must be in excellent condition”. They also had a car condition report which showed all the areas of the car were in “very good” condition.

    Now when the vehicle turned up, one day late I might add with no contact from the delivery company or the dealer, there were quite a few stone chips to the bonnet and side of the car, some of them quite big (1.5 cm in diameter), a scratch and chips to the side of the driver door. It had also only had two services and a chip in the windscreen…

    They have paid to have the car serviced, however they are only offering a paint stick to fix the rest of the damage. I do want to keep the car, but I feel a little bit cheated that I had asked about the paintwork and they have omitted to list the damage.

    Am I entitled to get them to fix the paintwork/windscreen properly? They are advising that all used cars come with scuffs and scrapes and that the paintwork is still in excellent condition.. It’s not my version of excellent, and I did make the effort to ask :(

    Any advice would be gratefully received.

    Thanks

    Katy

    • Hi Katy. Your chances of rejecting the vehicle would depend on two factors: 1) whether you have anything in writing, as opposed to a verbal promise regarding service history and condition; and 2) how well you can argue the definition of “excellent”.

      In cases which have made it as far as court, judges have been very lenient on dealers when it comes to wear and tear on used cars. If the vehicle is still able to perform its role properly, the chances of rejecting a used car on cosmetic grounds is likely to be difficult.

  653. HI we purchased a used fiat car 4years old. 3 days after driving it I noticed the drivers seat belt had fraying at the top and there wasn’t some sort of product like grease or Vaseline masking it I wiped it off and the fraying was worse this may have also been hidden from the dealer, but they didn’t give me a pre sale used car check list so I don’t think they checked. Also fiat advise cambelt change at 4 years If car has been used for city driving its mileage suggests it has 40565. What can I do.

    • Hi Danny. You will need to find out about the nature of the seat belt issue and whether it is affecting the belt’s ability to do its job in an emergency. If it is not up to scratch, you may be able to reject the vehicle.
      A dealer is not obliged to do a cambelt change so unless you negotiated it during the sales process, you would be responsible for having it done and paying for it out of your own pocket.

  654. Hey Stuart,

    We recently bought a car from a local garage and it had the engine management light on. We were told in writing that it will be fixed, they will conduct a 54 point check and a service – I have written evidence of that. In addition, they said the car will have no issues mechanically. When we came to collect the car they ask us to pay through cash or bank transfer. Once paid through bank they told us that a car actually belong to a dealer, a 3rd party but before sale he said it belongs to his friend and the person who was leading the sale said HE had it listed it somewhere. We became suspicious but thought it may be unnecessary. When I climbed into the car, my driver seat couldn’t move forward and when they inspected it they said it needs a weld as it was broken and was told to bring the car on Monday to be fixed. We took the car out and suddenly the engine management light turned on again. We called them and they said bring it Monday and sooner after the fog light came off. This got us suspicious especially the nature of the sale and we checked the dealers website and it was listed for £1900 and we were charged £2000 and were told the car was originally for £2500. That lie made us cringe that there maybe other problems especially with the engine light on. As this was our first car we thought the problem was engine or transmission as it as there was a crackling noise and the transmission a bit stiff, which they denied to be a fact.

    However, we checked it through halfords and they said the issue was actually the water pump leak and they found several other issues including the need to be serviced, which they told us they did. The garage dude offered to fix the car but we had trust issues so we declined and asked for a refund instead. In the meantime, we are looking to book an inspection from Dekra to give us concrete answers. So then the garage dude sent us to the dealer. However, none of them were taking responsibility and the dealer said he has nothing to do with it as he traded it to the garage guy who sold it to us. But the dealer did come to collect the £1800 and the garage dude took £200 deposit. After a bit haggling the dealer offered us to conduct repairs at their chosen garage or a vehicle exchange to which we agreed. They told us to come at 12pm. We called then like 20 times just to say to come at 4pm. After that we have been physically waiting outside for 1 and half hour outside their garage and kept calling them to no avail. One of the dealers brother pick up and said he will call us. Its been 3 days since they have not contacted us and would not pick the phone up. We must have called them over 40 times.

    We are trying to take legal action and have already involved trading standards and will send letters to mediate to both parties in the next few days. I am under an impression that my problem may not be that significant but the dealer is running from their responsibilities. Can I reject a car under these circumstances in court as they neither are professional nor trustworthy and I simply do not wish to do business with them.

    Apologies for the long comment. I would appreciate if you could help. I look forward to hearing from you.

    Regards

    • Hi Wally. If the seller – as listed on your contract – was a registered trader (rather than a private seller), you can reject the car for a full refund. It sounds like there may have been some dodginess in how the car was sold in an attempt by the dealership to avoid its legal responsibilities.
      If you have already involved Trading Standards, you should let that process take place. Your right to reject under the Consumer Rights Act will depend on who actually owned and sold you the vehicle, and whether your acceptance of an alternative offer of repairing the vehicle has now waived your right to reject.

    • Hi Stuart,

      Thank you for getting back to me and for the help. I understand if I ask for a repair that will waive my opportunity to reject the car. However, since they are not honouring it, I have no chance of getting it repaired and I certainly do not wish to repair it through them, maybe another garage, if they proceed.

      Therefore, I have booked Dekra to inspect it thoroughly as well as that is what the Court normally accept. I just hope everything goes well. Thank you again for the help and helping everyone else. Good day.

      Regards

      Wally

  655. Hi Stuart, You seem to be helping a lot of people on here so I’m hoping you maybe able to help us….
    Late yesterday afternoon we bought a Mercedes A200 (65 plate) for £16k on PCP from an independent local garage in Chester le street (30 miles from our home.)
    We done most of the deal over the phone with the sales guy and asked all the usual question ..Did it have any damage/scrapes/scratches/dents etc? had it been involved in any accidents? was in in a good clean state ..to which the sales guy replied ITS IMMACULATE AND CAR IS VERY CLEAN AND TIDY, NO SCRATCHES, SCRAPES OR ANYTHING.
    When we arrived, we asked to see the vehicle and he said he’d take us to it once we went over the paperwork etc he done the handover outside in the blistering cold and it had started to rain so we all climbed into the car to get out the cold and he showed us all the instruments etc…as we were getting out to handover my husband noticed one of the alloys has quite a large chunk missing from the alloy its self he told us he hadn’t previously noticed this but apart from that the car was immaculate. It was raining so we only got a very brief view of the vehicle due to the time of day and the inclining weather ..my hubby noticed a few white polish marks that had stuck to the car which rubbed off when he touched them.
    We went on our way and when we got up today to have a proper look at our vehicle in the light of day the rain and wind had fully washed away any white polish marks and it their place were scratches ..nearly one on every panel!?
    another alloy badly damaged had also showed up and on the left side of the bumper under the indicator theres a crack and visible collision repair as it looks like someone has spray painted the whole piece of damage but it has just been left to drip down so theres just a huge 5 inch by 5 inch thick paint drip on the front of the car which yesterday wasn’t noticeable at all..I immediately rang the garage and he seemed to know exactly what damage I was talking about which to be honest fuelled my anger even more..I said I no longer want the vehicle and asked how I can reject it or refuse this car due to being completely duped and lied to. he said I have to give him the opportunity to fix it and Im not allowed to reject it..please can you tell me if I can just hand this vehicle back please.

    Thanks

    • Hi Alex. If the sale was conducted over the phone, then you can give it back for a full refund within 14 days for any reason at all (as long as it’s still in the same condition as when you bought it). For more information, have a read of our article on buying a car and changing your mind.

      This is a better bet than rejecting the car under the Consumer Rights Act, as you don’t appear to have any written evidence that the salesman claimed the car had no scratches, scrapes, etc.

  656. Hello, I bought a Vauxhall Insignia on the 23rd Jan, after a few weeks I had much difficulty in engaging gear, I called the dealer and they said it was best to contact the warranty company, I did this and they advised I take it to a local garage for a diagnostic check, I took this to the local garage and was told I needed a new clutch and dual mass flywheel, the quote was £914 plus VAT. I called the dealer again to say that I wasn’t very happy as the warranty only covers up to £500 and I thought it unfair that I had to pay an extra £600, they then told me to take it to a garage they deal with who could fix it for a cheaper price but I may still have to pay for any cost over £500, is this correct?

    • Hi David. I would have thought that a clutch and flywheel failure would be considered significant faults and a reasonable reason to reject the vehicle under the Consumer Rights Act – you have 30 days from purchase to do this, so you would need to act promptly.
      If you want to have the car repaired instead, you can negotiate for the dealer to cover any costs over and above the warranty cover but this would probably negate your right to reject.

    • Thanks for the reply Stuart, they took the car in and replaced the concentric valve cylinder and all appears to be ok on that part. Though I collected the car on Saturday and it has now developed another fault, the car went into limp mode today with a message on the instrument panel saying ‘service vehicle soon’ so I took it into my local garage, they put it on to their computer and said it was showing 3 faults connected to the turbo. I called the dealer and he said there was only £62 left on the warranty as it is only up to £500 and the clutch cylinder came to £438. He said it may only be a sensor though and that the rest of the warranty would cover this, he then said that if it is something worse I could then be liable for the remainder of the cost? Surely the dealer should cover all costs regardless of warranty value? Can i still decide to swap the vehicle with the same dealer or ask for a refund before 3 months if I am not satisfied this car is not going to be beset with problems?? Many thanks for your help, Dave

    • Hi David. The warranty and the Consumer Rights Act are two separate issues, so your course of action will be dictated by what you are trying to achieve.

      In terms of rejecting the vehicle, this new fault would be considered a separate issue to the previous fault, so if you are still within your first 30 days you should be able to proceed with a rejection if the turbo has failed. If you are past the first 30 days but still within six months, the dealer is entitled to one attempt to fix the problem. If that doesn’t work, you can reject the vehicle. But it is a separate case to your previous clutch issue which has been repaired. The Consumer Rights Act protects you irrespective of the warranty on the vehicle. If you are successful in rejecting a vehicle, you are entitled to a full refund (if within 30 days) of the car’s invoice value. If you want to negotiate a replacement vehicle from the same dealer or any other arrangement, you are venturing outside the protection of the Act.

      A used car warranty is an aftermarket insurance policy against mechanical failures, and it will have the same T&Cs and limits as any insurance policy. A dealer is not obliged to offer a three-month warranty on a used car and it’s not a blanket coverage for any faults that the car may develop – although dealers are usually poor at explaining this.

  657. Hi

    I purchased a brand new Vauxhall Astra through an online broker in 01 March 2016. The online broker sourced it from a recognised Vauxhall dealership.On 30 March 2016 I had to put my the car into my local vauxhall garage due to a loss of power. They identified the fault as the crank shaft sensor and replaced it. The car has since been in a further 5 times for the same fault which I believe is a clear safety issue. The tipping point was on 01 February 2017 the car lost power on the motorway and it was a terrifying experience. I could have been involved in a serious road accident and decided that the car was dangerous to not only me but other road users. I again put my car into my local Vauxhall dealer where it stayed until 15 February as Vauxhall technical were liaising with my local garage. During this time I had emailed and spoken to Vauxhall customer service, the online broker and the supplying dealership stating that I believed the car was dangerous and after numerous failed attempts to repair it I wanted it replaced. It is fair to say that none of the 3 parties involved would take ownership. Although I was still arguing with the 3 parties I had no option to pick up my car on 15 February. On 16 February I drove my car and it virtually broke down within one mile, this time as an issue with the turbo/pipe. The car bonnet was damaged with parts hitting the underside and causing a large dent. No-one can confirm if this fault is related to the loss of power issue.My car is still with my local dealership. I have again contacted all 3 parties and I am being given the complete run around. It is clear to me that this car came out of manufacture with this safety fault as can be evidenced by the fault time line. Vauxhall has been unable to rectify this fault after 5 attempts identifying various issues they believed it to be but my car keeps losing power. Where do I actually stand and what can I do?

    Ian

    • Hi Ian. The Consumer Rights Act only covers you for the first six months of purchase. After that, you are reliant on the manufacturer’s new car warranty. The warranty is provided by the manufacturer, so ultimately your dispute will need to be with Vauxhall head office. You have the right to insist that they fix the car, but if you want to try and force a rejection now, you would need to consult a solicitor and take legal action.

  658. I was preapproved for a vehicle here in Puerto Rico drove it two hours home and the check engine light came on as well as some airbag system maintenance light I’m feeling movement in the frontend in I put the car on the road a total of 4 n half hours I have had it for 9 days I’m not satisfied with the performance and the dealer hasn’t received payment I have the check in my posesssion can I bring it back I have only paid $320 for the paperwork fees

  659. Many thanks Stuart, I’ve decided along the same lines as you and don’t want the hassle and stress associated with rejecting my GLC. I’ll use this as a learning and next time be more vigilant and get things in writting,,

  660. Hi Stuart,

    Just over 2 weeks ago I took ownership of a Mercedes GLC Coupe paid for not on PCP. The day after handover I noticed the center console was a shiny black plastic and the door inserts silver when both should have been black walnut based on two agreed conditions of sale. I raised the issue with the dealer who eventually offered a free service as compensation which I reluctantly accepted as I wasn’t aware of the right to reject at the time. A few days later due to miss information by the dealer I became aware that the second condition of sale was broken and my new vehicle didn’t have run flat tyres fitted. After enormous stress the dealer agreed that they had miss informed me about the tyres and have fitted run flat tyres. When the original standard tyres were fitted I had noticed a tyre jumping noise when in full lock which has gone with the run flats fitted. yesterday I found out the tyre noise is known as crabbing and a fault in steering geometry that Mercedes are refusing to accept but it’s causing excessive tyre wear and has the potential to cause damage to the steering system. Mercedes are claiming that changing to winter tyres below 6-7deg C in the winter will cure the issue which has proved not to be the case here http://www.glcforums.com/forum/322-glc-issues-problems/3345-mercedes-glc-clonking-juddering-near-full-steering-lock.html and here http://www.glcforums.com/forum/322-glc-issues-problems/3345-mercedes-glc-clonking-juddering-near-full-steering-lock.html. based on all these issues with this new vehicle would I have the right to reject given it’s less than 3 weeks old.

    • Hi Rick. Given that you have had the dealer rectify one issue and accepted an alternative solution to the other, you have probably forfeited your right to reject the vehicle. If the new tyres do not fix the fault, you can reject the vehicle within the first six months.
      The trim issue is not likely to be cause to reject the vehicle under the Consumer Rights Act anyway. If you did force the issue, it would likely cost you far more time and money than it’s worth, so a refund for any extra money paid for the non-existent option and a free service is probably the better choice.
      Crabbing is a common problem on modern cars and SUVs, especially in the UK where people tend to choose (and manufacturers tend to offer) wide wheels with low-profile tyres for vanity reasons. If it happened on the base spec car with smaller wheels, I’d be surprised.

  661. Hi stuart
    I brought a car that was claimed in the advert to ‘drive superb’ but when i drove the car everything completely when wrong on it including bangs and smoke from engine, airbag and brake lights and it even broke down on my twice trying to drive it home. I was stuck on the motorway and as im only 18 i had no money to pay for a recovery vehicle to take it 30miles home. I rang the dealer and asked if he could get the recovery back to his site as it was 5mins away and he wouldnt take any responsibility for it and wouldnt help in any way so i had no choice but to leave it on the motorway and informed the dealer where is was. i am currently going through the correct steps to get a refund but im unsure whether it was his responsibility to retrieve the vehicle and will me not having the vehicle make it more difficult to get a refund.
    Thank you
    Nicholas

    • Hi Nicholas. Under the Act, the dealer is not obliged to retrieve the vehicle for you. You should be able to reject the car for a full refund, but you will need to return the car to the dealership and then try and argue for them covering your costs of having it recovered.

  662. Hi Stuart,
    We bought a car from a dealer 5 months ago and have had multiple breakdowns mostly due to injector failures. First injector failed after 3 weeks (car going into limp home mode); 2 weeks later limp home mode again but cleared after sitting 30 minutes; just under 3 months a different injector failed; now 5 months and one of the replaced injectors has failed.
    Aftr the second failed we requested that the dealer replace all injectors, but they would not do this.
    A friend (a VW dealership mechanic) told us that one possibility was that petrol had wrongly been used at some time. Mis-fuelling a TDI means the engine has insufficient lubrication and causes rapid pump wear resulting in metal debris in the fuel system. In this case potential full repair costs can be £4k-5k!
    Are we entitled to a refund, as the first failure was after 3 weeks so can the fault be deemed to have been present at time of purchase.
    If we’d realised we’d have asked for a full refund at the 3 week breakdown. Now would a refund with ‘reasonable’ adjustment be appropriate, and is there any guidance on what is a ‘reasonable’ amount.

    • Hi Peter. You are within the first six months and the dealer’s repair has failed (you said that one of the replaced injectors had failed again), so you should be able to reject the car under the Consumer Rights Act.

      There is no guidance in the Act as to what constitutes a ‘reasonable’ adjustment; it’s all a matter of negotiation.

    • Thanks Stuart,
      The dealer has agreed on a refund. The amount offered seems in line with the book value difference between between it’s value and that of 6month newer car having the original mileage.

      Though it doesn’t now matter in our case, would just the engine beaking down twice, not be a sufficient reason for rejection?

    • Probably, but it depends on the fault which caused the car to break down. On a used car, the fault has to be considered significant for age and mileage, but it would come down to how well it was argued in court.

      If you can successfully argue that the end result was that the car was unable to fulfil its role of transporting you from A to B capably because it kept breaking down, then you would probably be successful. However, judges have been quite lenient to date on dealers when it comes to used cars.

  663. Hi, purchased cash a brand new CX5 via online contact, reputable Fleet supplier whom sell certain manufacturers models. Local Mazda dealer delivered car on trailer, good hand over. 28 days motoring later it is evident that this car will never achieve its stated mpg figures, not even come close however you try to drive it like a saint; so I want my money back, time is running short but is it doable?

    • Hi Ian. Rejecting a car for poor fuel consumption is very difficult; there is probably not a single car on sale that matches its claimed lab figures in real-world driving.

      Your fuel consumption should improve as the engine runs in; this can take a few thousand miles until you get to the car’s best figures.

      For more information on this issue, have a read of our article comparing lab test and real-world fuel consumption.

  664. Hi,

    I purchased a BMW 5series on the 13th January i have had nothing but problems with the vehicle and it seems to be something new every day as far as mechanical or electrical i bought it from on of the Largest car supermakets in the country a very reputable company some of the issues were present at point of sale which they said they would rectify and others have arisen subsiquently.

    although via calender days i have owned the car for 31 days i have only had the vehicle in my possesion for 13 days as for the rest of the time it has been in the shop getting fixed. Am i still entitled legally to a refund seen as i have only technically had the vehicle for 13 days ?

    • Hi Scott. Yes, the clock stops on your initia 30 days for any days where you have not had possession of the car. So you can claim that you are only 13 days into your initial rejection period.

  665. Hi Stuart

    Apologies for the length of this query. I bought a 2009 Nissan Qashqai in May 2016 from a dealership for £7795 under the Cared4 scheme and 12 months warranty. After 2 months the airbag light came on the dashboard. To cut a long story short I have had to take the car back 5 times for the same problem and each time they have told me that they have found the fault and the light shouldn’t come back on again. They have reset the airbag, sorted out something that had fused together, soldered a lose connection under the passenger seat, changed the airbag module, soldered a lose connection under the driver seat and on the last occasion told me that they cannot find what the fault, reset the airbag and told me to come back if the light comes back on. The light came back on for the 6th time and I couldn’t face going back to the garage.

    I contacted Nissan Customer Services who opened up a case and investigated the matter. They suggested that I take the car back to the dealership for the 6th time for a full diagnostics to be done and will oversee the work. I declined as I would have assumed that this would have been done after at least the 3rd time of taking the car back and had no faith in them finding the fault. I said that I either wanted a replacement or a refund so they directed me back to the dealership. I wrote a letter to the dealership rejecting the car under the Consumer Rights Act and understood that there would be a reasonable sum deducted for usage of the vehicle.

    I received the following response:

    “I appreciate your concerns with regards to your airbag light, and looking through the history of your visits it has been difficult to resolve. Initially the fault could not be replicated with the ECU stating that something had occurred in the past but was OK now, and it took until your 3rd visit for the fault to manifest itself for us to try and resolve the problem.

    I am confident that now the main unit has been replaced and eliminated from being at fault that the problem can be diagnosed and repaired once and for all. I believe you last spoke to our Service Manager who assured you that this would be the case, but I do understand your reservations. With faults such as this it can take patience on both sides to rectify, but they can be fixed.

    Should you still wish to reject the vehicle under the Consumer Rights Act 2015, you are correct that a reasonable reduction will be made. Thankfully I have not been in this position for some time so have taken guidance from our solicitors as to what is deemed reasonable as there is no prescribed formula laid out by the act. They have advised that the usual calculation is to deduct the HMRC prescribed 45 pence per mile allowance from the value of the original price paid, so if you have done 5000 miles, the amount refunded would be reduced by £2250. The alternate route is to deduct the amount you would have had to pay to hire a vehicle for 9 months. We have spoken to Enterprise who have confirmed using our reduced Business rate that they would charge £771 per month to hire a Qashqai of a similar specification. We would of course use the lower HMRC route. A full refund of your Service plan would also be made.

    I look forward to hearing from you advising of which route you wish to take.”

    My questions are:

    1. £2250 is a large sum, does the dealership have to follow this formula? I was expecting a figure of between £1,000 – £1,500. I feel that they have quoted their figure to put me off asking for the refund and instead get them to try and fix the fault. I also feel that instead of deducting a reasonable sum for usage they are refunding the current market price of the car.

    2. If I am forced to keep the car because of the £2250 deduction, where do I stand if the car develops the same fault after the warranty?

    3. Can I ask for a replacement car?

    4. If I am forced to keep the car can I ask for a discount off the price of the car under the Consumer Rights Act?

    At the time of buying the car my brother noticed that there was a slight change in the paintwork on a part of the car and we queried this with the salesman. He said that there was no record of an accident. I feel the fault may have been as a result of a previous accident where the airbag was activated and not properly rectified.

    My fear is that if I want to upgrade my car or sell in the future no one will buy it if this fault keeps reoccurring hence my request for a refund. I’d rather cut my losses now. I rely on my car for work and also transport my grandchildren on a regular basis.

    • Hi Marjorie. The dealership is entitled to claim a reasonable reduction for usage if you are rejecting between 30 days and six months. However, there is no guidance as to what constitutes a ‘reasonable’ amount, and it sounds like the dealer is trying to take advantage of that.

      In answer to your questions, if you are rejecting the car under the Consumer Rights Act, you can’t ask for replacements/discounts – you reject the car and get a refund. Any other negotiation takes you out of the terms of the Act. You can go down that path if you prefer, but you are waiving your right to reject the vehicle.

      In terms of what is ‘reasonable’, the HMRC figure of 45p/mile is not appropriate, as it includes an allowance for fuel costs, insurance, road tax, etc. which are not related to the car’s value. A short-term hire is also not really appropriate for similar reasons. I would suggest you find out what the monthly payments would be on a typical PCP for a similar vehicle over 3 or 4 years, as you would likely have a monthly figure of £200-300 rather than £771. You also need to deduct any time that the car has been back at the dealership, which could well add up to a month or so by the sound of it. While you’re at it (since it’s all a matter of negotiation), you should claim any expenses associated with having to return the car to the dealer on five separate occasions and deduct that from the final figure.

  666. Dear Stuart,
    I purchased a brand new BMW 3 weeks ago. Unfortunately the car doesn’t drive straight but drifts to the right. It’s particularly noticeable on straight, flat motorway stretches. Take real care if you need to fiddle with the navi!
    I wrote to the dealer informing them of the fault the day after purchase. The local dealer drove the car last week, confirmed the problem and spent several hours adjusting the chassis tolerances…
    Result: less pressure needed to correct BUT the car still continually drifts right.
    What should I do now? Reject the car within 30 days?
    (There’s also a problem with the driver seat bottom stuffing making it uncomfortable but haven’t done anything on this yet aside from inform the dealer – pax seat is great!)
    Most grateful for your advice. Thank you.

    • This is unusual, as on a UK road a car will usually tend to drift left due to the road camber.

      It may be a suitable cause for rejecting a new car, depending on how severe the drift is. The driver’s seat issue won’t be suitable, however, unless there is some kind of fault with the seat.

  667. hello stuart i bought car from dealer. when i bought tgey give me AA inspection certificate. which they health check car. they said car is in perfect condition. when now i just had done my car service from volkswagon. they found in heath check car need many things to do. which they are cost 1700 pounds. i speck my dealer they dont want me to help at all. i not even done my 14 days. so please tell me what i need to do

    • It will depend on what constitutes a genuine ‘need’ to ensure that the car is able to fulfil its role. Any time you take a car into a garage, they will find work that ‘needs’ to be done and will pressure you to have the work completed – after all, it’s in their interests.

      You will need to go through the list of ‘needs’ advised by the Volkswagen dealer and compare it to the AA inspection. If there are items on the AA check that are incorrectly recorded, you can take that up with the dealer and potentially reject the car.

  668. purchased off gumtree add dealer told me car wos exccelent with no faults and injectors just done which is not the case it needs new injectors ans a new turbo wife refuses to drive the car and it keep cutting out dealer promised refund now back tracked and as ask me to travel a 300 mile round trip to fix and i dout the car would make it with the ploblems need advice

    • Hi Mark. It is normal for a dealer to want to inspect the vehicle before agreeing to a rejection (as, inevitably, people try to use the Consumer Rights Act as a way of trying to return a perfectly-functional car they simply don’t like).

      Your case is made somewhat more difficult because the dealer is 300 miles away. Within the first 30 days you are not obliged to take it back for inspection or repair. You can reject the car in writing, however the dealer is not obliged to accept your rejection – which means you would need to take the dealership to court to try and have the rejection enforced. They may accept a third-party report from a local garage which diagnoses a significant problem with the vehicle, but they are not obliged to do so.

  669. Hi Stuart
    On 7 January I purchased a used car from the dealer. Paid for it by debit card.
    A couple of weeks ago I’ve noticed that the rev counter is bouncing. And it uses too much fuel. BUT the fault code does not appear on the dashboard. Anyway I brought it to the local garage for an advice, the mechanic took a ride and said that it can be caused by a couple of faults. But once again they cant fix it, as the fault code does not appear. It can appear in a couple of weeks or couple of months. The warranty does not cover this fault.
    Can you advise me please what are my options? Can I reject it for a full refund? Or it is not the reason?
    Can I ask to fix or replace?

    Thank You in advance.

    • Hi Kate. Without knowing what is causing the faults, it’s difficult to say whether they would justify a rejection under the Consumer Rights Act.

      The rev counter bouncing may be annoying, but from your description it doesn’t seem to be affecting the way the car drives, so it would not seem likely to be suitable cause for rejection. Using too much fuel is largely a subjective opinion, as fuel consumption can vary wildly depending on usage and in any case, manufacturer official claims are not usually representative of the real world.

      Given that it is a used car, I would say that you would be unlikely to be able to reject the car on these grounds. You can certainly ask the selling dealer to fix the rev counter, but I’m not sure if they can do anything about the fuel consumption unless there is some kind problem with the engine.

  670. Hi Stuart, I am so confused i dont know if you could advice me please

    I have bought a second hand car (use car) from a garage, but not a dealer, less than 48 hours the car is showing a problem as such on dash board : STOP – ENGINE OIL PRESSURE TOO LAW, it is Peugeot 307 and 2007 year. And have taken it to a garage close to me the mechanic after seeing the car the light which appear on dash board he advise me to take the car back from the garage where I bought it and whether they repair it or claim my money back, that the car was definitely with the problem before i bought it because there is sufficient oil in the engine,

    And I call the garage which i bought the car to let them know about what has occurred on the car and i only drive it twice from there to my home and next day to my work and today to dropping my girlfriend to airport the problem come up on the car. And They said there is no more things between us and as they told me the car was with no problem and driven for work and social activities, and as on the advert was saying that the car is driving fine good conditions comfort driven no problem etc… so they have no ideas if the car has this problem or not.
    and it was sold with no warranty, that i cant take it back and there is no need for them to repair it. that it is sold therefore it is sold.
    On the day of sale i inspected the car even did test drove for 10 mins or less there where no problem, but now there is a problem.

    And many times i Asked if there any other problems link with the engine why you decide to sold this car, he said No, And he did not mention any problem which supposed to be with the car all He says the car is very good condition driven perfect, clean and the MOT service test was just last week on 26/ 01/2017 and car drive fine.
    i asked for service history of the car he show me all the MOT service papers. So I was confident in buying it as there is no problem with the car, but less than 48 hour this appear. and Pay Him the money by cash.

    Now i am confused i have no ideas what to do next or what are my right?
    should i go back to the garage and return the car to claim my money as the mechanic advice, or i just lost for i have been coon?

    Many thanks in Advance consideration

    Tito Frang

    • Hi Tito. The garage can say that there is no warranty, but that does not mean they can ignore the law. And the law allows you to reject the car within 30 days if it has a significant problem.

      The dealer is entitled to dispute your allegation (you could be making it all up as an excuse to get rid of the car), so you will need to find out what the actual problem is. If the car is driving properly and there appears to be enough oil in the engine, it may just be a sensor fault which could be easily fixed. You will need a written report from a certified workshop that details the problem so you can show the selling dealer to progress your issue.

  671. Hi Stuart, wonder if you could advise me please?
    I bought a second hand cheap car from a dealer for £850. I bought it over the phone and paid £50 deposit to the dealership and he requested £800 cash on collection which I paid when I picked it up.
    When I picked it up, I noticed a rattle from underneath and he said it’s just a slight rattle on the clutch but its fine and doesn’t need replacing. Driving home, I became more concerned as the gears were whining too. I have taken the car to a gearbox specialist and he confirms that the gearbox is faulty, repairs estimate £615!. I called the dealer today and he said that the car was sold as a private sale and therefore he would not repair/refund and told me to take him to court! He even said the invoice he gave me was on unheaded paper. However, The car was advertised on the dealers website, (still have the page saved), deposit paid by card to the dealer and collected from the dealer forecourt at no time did he say it was a private sale. Where can I go from here as it seems I’ve been lumbered with a scrap car- only purchased a cheap car with the last of our savings to get to work as i was made redundant last year so this is getting near the final straw for me!
    Any advice much appreciated,
    Many Thanks

    Michael

    • Hi Michael. At this price point (and for what is presumably a fairly old car with high mileage), resolving mechanical issues with a dealer will always be difficult, even with the Consumer Rights Act.

      Your best bet to returning this car for a full refund is to engage a solicitor to write a fairly threatening letter, pointing out that it was not a private sale as he claims and that attempts to dodge his legal obligations in this manner will result in you reporting him to Trading Standards. This is probably a better route than debating the costs of repairing the gearbox.

      You could also contact your bank. Depending on the card used for payment, they may be able to assist in reversing the transaction.

  672. Hi Stuart,

    I bought a car from a dealer which developed a major problem with its automatic gearbox a week after purchase which made it undriveable. This was confirmed by a report from the main franchise dealer of the car.

    After some back and forth I returned it to the dealer who stated he needed to conduct his own investigation. The repairs were too much and I formally rejected the car in writing. He also agreed over the phone and in writing (SMS text) to refund me in full. That was 2 months ago and he has missed multiple deadlines. Furthermore I have since found he has sold the car on via auction (as he never sent the transfer of ownership section on the V5 document). He still insists he will pay a full refund and is just waiting for the payment from the auction to come through. However I have lost all faith in his intentions. What should I do?

    • Hi Jon. You should not have to wait for him to sell the car to pay you for it. He is obliged to repay you when the car is returned, not after he sells it. Obviously, this is less desirable to him as he would probably have to put the car on his finance, but that’s not your problem.

      Unfortunately, if he is not paying you then all you can do is engage a solicitor to help chase him. Obviously that will cost you money and you can’t reclaim that from him, but you don’t have a lot of options since you have already handed the car over.

  673. Bought a brand new car and after an initial inspection and handover, I drove away home.

    An hour or two later I noticed that the paintwork had a large number of small colour blemishes covering at least two panels of the car and immediately returned to the dealer who agreed that the blemishes had occurred at the factory. The dealer stated that they were allowed one chance to rectify the paintwork under warranty and the work would take approximately ten days to complete in their body shop and they would supply me with a temporary vehicle once the work commenced. I did not specially agree to this work but did query some details and was told that the dealer would confirm what action would actually be taken and inform me in the next few days. I then drove the vehicle home.

    I now realise that the dealer has no right to determine what action he takes and it is at this point (well within 30days) essentially up to me to exercise my consumer rights. No alternative was offered by the dealer nor any indication made that there may be an alternative course.

    Having thought about it in the cool light of day, I would want to reject the car as I consider it is not of a satisfactory quality. Whilst not a legal issue, I have lost faith in the quality of the car and feel I was nudged in a particular direction favourable to the dealer, further I would not consider a major respray taking 10 days on a new car as being acceptable.

    Am i within my rights to reject the car as having a manufacturing fault?

    Thank you.

    • Hi Scott. Even though it is a new car rather than a used one, “small colour blemishes” would probably be difficult to use as justification for rejecting the car. They would be easily rectified and the result should be as good as new.

      Dealers are not obliged to disclose minor damage done to the vehicle during production or delivery. However, if you directly ask about it then they cannot lie about it. I’m not sure if there is specific guidance, but last I heard I think they could get away with damage on up to four panels before it was considered major. I don’t know if a case has been brought to court in a similar situation under the new Act.

  674. Hi stuart

    I purchased a new vauxhall from a garage 300 miles away due to them having the vehicle available it was brand new and I was given a delivery date his didn’t happen on there date I waited for a week contacted again I was informed still not arrived dispite it being sat on there forecourt ( vauxhall tracker system) when I queried this they stated there was a reversing camera fault and was awaiting part . Eventually they delivered within a few days I noticed certain things I brought the car for were not working properly ie stop/start auto light etc. I contacted vauxhall UK who advised me to book in with local dealer. This I did to be informed battery was low and this was why so they booked it back in a week of so later to charge this new agm battery within a day or so same problem I went back again and booked car back in after Xmas to be informed battery was low again at this point it was suggested I turn off all auto functions and anything that uses power to see if stop start works they also informed they felt as I had covered around 600 miles in 4 weeks only using car at weekends that they had suspicions there was a fault some but due to vauxhall protocol they were not allowed to do anything as not fault codes recorded also car returning 25 to gallon as apposed to advertised 43 conbind .
    I spoke to organal sellers vauxhall Leicester who collected car and delivered a courtesy car which I can’t drive being manual and to low due to health issues that they were aware of. I have now informed them that I feel I need to reject car as it’s the 4th time in been at a vauxhall dealership for repair and as my local dealer can’t do anything it’s not partial to return it 300 miles everytime there’s a fault and I felt they lost there right to repair when vauxhall UK instructed me to take it to local dealer . They have refused rejection at this point vauxhall UK ignoring emails, and now the latest email informed me there managing director is driving it around this weekend to see what they think this without my consent.
    To sum up 3 months old 4 times in garage so far no car to drive do I really have to pay a solicitor to fight these morons?
    Thanks adrian

    • Hi Adrian. Battery problems are fairly common for cars that have been sitting in dealerships, as you get people opening and closing doors all day long, which fires up all the electronics. But because the car is not being driven, it drains the battery within a matter of days and can trigger other faults. It may be that throwing a new battery in there will fix the problem, but I don’t know if they have already tried that.

      In terms of the Consumer Rights Act, your grievance is with the original dealership that sold the car, regardless of what Vauxhall head office tells you. They are also not obliged to provide a courtesy car under the Act. You are still within the first six months of purchase, but the original dealer is entitled to have one go at fixing the fault. If their repair fails, you can proceed to reject the vehicle. The work performed by any other dealership or garage does not count.

  675. Hi Stuart,
    Regarding the first 30 days of ownership, if the vehicle has been in the possession of the garage for 12 of these days, do these days count as part of the 30 days? I took delivery of my new build car on the 21st Dec and it has been into the garage twice but they have not been able to resolve them.

    • Hi Gareth. No, any days where the dealer has possession do not count towards your 30 days.
      You can even exclude the days between making a booking and the dealer taking the car (to stop the dealer taking 31 days to find time to look at the problem), although if you are still driving the car normally during this time it gets a bit murkier.

  676. hello…i just purchased a bmw 520 2007 from a dealer…he told me EVERYTHING is ok with the car fully working …because i was on work and didn’t had time to see the car ..i mean to drive it…the thing is after 4 days i saw that the parking sensors are not working front or back and the idrive (car’s computer)is not working aswell the image goes scrambeld you can’t read nothing on the screen resulting both things broken and i haven’t done not even a mile from the date of purchase …what should i do ???he told me i have o month warranty on mechanical parts

  677. Hi Stuart,

    I purchased a brand new toyota yaris hybrid on finance, which was delivered on the 5th December. Within 2 days it was making really loud intermittent groaning/grinding noises. I took it back to the garage and they said they couldn’t find any fault with it and just de-glazed the brake pads, and said it should be fine. The noise continued, and after a week it got so much worse that I took it back again. They kept it in overnight, but said they could not find any fault, and told me to keep an eye on it. The noise persisted, along with a new clunking noise. So I took it back again (still within the 30 days of having it). They kept it in again, but this time said that the ‘car is just like that’, because the brake pads move about in the caliper. They said Toyota is aware of the issue in it’s older yaris models, and if enough people complain about it then they will find a solution and issue a recall.

    I asked to reject the car and go for a replacement, but they said because they couldn’t find a fault, I couldn’t have a replacement. They said to contact Toyota UK, whom when I spoke to them, told me that only my garage can deal with it.

    To make matters worse, the car has started making another new noise, this time a really loud, really high screeching noise when braking. It’s due to go back into the garage again.

    I am so fed up with the constant phone calls and treks to the garage. Clearly the car is not of a satisfactory quality.

    Am I within my right to reject the car and ask for a replacement?

    • Hi Em. Without knowing what is causing the noise, it is impossible to say whether it is a significant fault which would be acceptable grounds to reject the car under the Consumer Rights Act. If the dealer will not accept a rejection, you will need to get another opinion as to what the problem is to strengthen your argument.
      You can go to another Toyota dealer (preferably one not owned by the same company) or an independent brake specialist, and you will need a written report which states that there is a fault with the vehicle.
      You will also need to contact Toyota Finance, as they will need to be involved in the rejection process (it’s their car, not yours).

  678. Hi Stuart, I bought a new car on pcp in April 2016, in December 2016 one of the crankshaft blew the engine as a result of it being under Vauxhall warranty it has been sitting in a dealership for over 7 weeks and had the entire engine stripped down. I paid a lot of money for a new car which I don’t expect the engine to fail in such a short time. The dealership state that they will only repair it which they are waiting on a boreing tool, however I at least want a new engine or car I do not want to accept a reconditioned engine. Do I have any rights or options I live in Scotland. Thanks

  679. Hi Stuart

    I bought a Volvo XC60 12 plate with 82k on the clock last week (Thurs) from a dealer who works from home. I paid £11,300 which was a reasonable price considering it needs 4 tyres replacing soon and also need the passenger wing mirror body replacing.

    I didn’t drive the car much on the day I bought it but did the next couple of days and noticed that the clutch was slipping whenever accelerating, it was even doing it when I put ot back into cruise control at 70 in top gear.

    I spoke to the dealer and informed them of the problem on the Sunday. They initially asked if I had spoken to the warranty company (as part of the sale I was given a 3rd party warranty) I was aware that this was not a valid reason for claiming on the warranty and told the dealer this, stating that they wouldn’t no doubt consider it wear and tear.

    Today, Monday, the dealer has offered to pay the labour charge if I pay for the parts for the clutch to be changed, as an offer of
    Goodwill.

    I replied stating that I believed under the Consumer Rights Act 2015 I expected them to pay for the full cost of the repair or give a full refund.

    The dealer is now saying

    Hi Xxxxxxx I am sorry that you have chosen to decline my offer of goodwill and I am further disappointed to note in your message the unfounded insinuation that the clutch was slipping at the point of purchase – this is simply incongruous with the facts and untrue. As a professional car dealer I am intimately familiar with each and every section of the Consumer Rights Act 2015 and as such can assure you without doubt or equivocation that your beliefs (right to refund or repair) as outlined in your message is completely erroneous. To be clear there is absolutely no provision contained therein which entitles you to either a refund or repair following the failure of a component due to fair wear and tear and nor does the length of time since your purchase have any bearing upon the matter as the pertinent detail is the age and mileage of the product – basically it is not ‘unreasonable’ for a clutch to require replacement after 80,000 miles. Indeed I was initially encouraged by your first message where, in your own words, you were able to note the distinction between something ‘faulty’ and something ‘worn’ – in my experience this is a distinction that is often lost on members of the general public. In conclusion you may be completely assured that I have no legal liability to you as alleged or at all with regards to the worn clutch on your car. Sincerely. Xxxxxxx

    Can you please let me know your thoughts on this matter as I am convinced that I have a very strong case but would value an independent opinion.

    Thanks

    • Hi Gordon. Your case is likely to hinge on whether the clutch problem is a fault or whether the problem is fair wear and tear on a 4-5 year-old car with 82,000 miles on the clock. You will need to get an independent opinion from a qualified garage or clutch specialist if you want to contest the matter.

      If you can get an independent clutch specialist or Volvo dealer to provide a written report stating that the clutch is faulty, you will be in a strong position to justify your claim. If you can’t, your case will not be strong. You also don’t clearly state whether you drove the car before purchasing it, which may affect your chances.

      If you are intent on pursuing a rejection, you will need to formally reject the car in writing. If the dealer refuses to accept your rejection, you will need to take legal action to try and have the matter resolved in your favour.

    • I didn’t expect that reply, I would have thought that no matter how old the car was or how many miles it had on it, if it was faulty with something that wasn’t known at the time of sale or obvious or pointed out by the seller then it is faulty.
      Having said that thanks for your more experienced opinion. It’s going to save me a lot of time, money and teeth nashing!

    • A used car will always have wear and tear. In cases that have made it to court since the new Act came into place, judges have shown considerable leniency to dealers for issues which are wear-related rather than something which should not wear.

      If the dealer can show they followed acceptable standards of vehicle preparation, it is very difficult to argue that a wear-and-tear item is faulty. If the dealer has not able to show that they follow standard industry practices, it is easier. Unfortunately, it is difficult to get that sort of information without initiating legal action, and that may be more expensive that whatever reasonable settlement you may achieve with the dealer on your own.

  680. Hi
    I bought a Ford Mondeo 2007 model from a dealer just over two weeks ago. I booked a free inspection with Halfords and they identified the following issues in their report:
    1. Unable to open the bonnet
    2. Oil leak
    3. Exhaust bracket broken
    4. Problems with brakes: discs worn or below min thickness

    I have also sent a copy of the Halfords report to the dealer.

    The car was sold with two year warranty (which is stated on the receipt) covering engine and gearbox. When I asked the dealer about the forms that are generally filled in for the warranty, he said those will be completed when I need to make a claim. This rings alarm bells!

    I contacted the dealer immediately to ask for repairs of just 1-3 as these are not related wear and tear. However, the dealer refused to carryout any repairs.

    Failing that I have asked to receive a full refund for the car under the Consumer Rights Act 2015 but the dealer has refused that over the phone and has not replied to my emails yet.

    I have few questions:
    1. Am I correct in asking for a refund?
    2. As the dealer is refusing to refund, what are my options?
    3. Can I use chargeback scheme of my visa debit card which was used for payment?

    • Hi Siri. The oil leak is potentially cause to reject the vehicle under the Consumer Rights Act, but you would need to know the cause of the leak (ie – is it easily fixable?). The brakes are probably also cause to reject the vehicle, as the car should not be sold in that condition. The bonnet and exhaust bracket problems are probably easily fixed and not valid reasons to reject the car. However, the dealer should be repairing those for you. Refusal to fix a bonnet that won’t open would justify rejecting the car (if you can’t open the bonnet, you can’t check/fill oil, water and other fluids).

      The dealer is not obliged to accept your request to reject the car. If they refuse, you will need to take legal action against them. You can contact your bank about their chargeback scheme, but they may not agree to it if you still have the car in your possession.

    • Hi Stuart. Have just bought a bmw for 12k. Had problems form day 1 as engine was making a screeching noise. Then gave it back same day and 2days later picked it up again. Now having actually had the car in my possession for 3 days the same noise occurs and now the timing chain is loose as that is making a noise also battery is weak and warning message states excess oil I the engine. Have been advised nor to drive the car as timing chain could snap any minute. The car has 88k miles and is a 2011. Can I reject it as only has it 5 days and the repairs would cost 2k plus for a replacement chain.

  681. Hi Stuart.
    I bought a vauxhall zafira tourer off Evans Halshaw on the 23rd December 2016.
    I was told by the head office when i inquired about the car that it had 12 months vauxhall warranty left as it was only 2 years old.
    i actually asked the salesman to confirm this and he looked at his screen and said no it’s actually 11 months as it was registered in November.
    which was fine with me as the dealer was 4 1/2 hours drive from me, so that meant i could take it back to my local dealer.
    Upon getting home i noticed the service book wasn’t the genuine one for the car as the supplying dealer was different and it only had 1 stamp in which was when the seller bought the car in.

    I contacted my local garage and they advised me that the warranty probably wasn’t valid as it hadn’t been serviced properly. but couldn’t say unless i tried to make a claim.
    I contacted EH and explained that i wasn’t happy about this and i got the runaround form the sales department.
    on the 28th i got the V5 in the post and it transpires that the previous owner was ERAC Uk Ltd which is Enterprise rent a car.

    There are a couple of major faults with the car which i noticed on the way home which will need to be repaired via warranty.

    I finally managed to get through the the sales principal of EH and had a nice chat with him about the issues i had with the car ie warranty, ex-rental etc.
    He was very friendly and said we can get this sorted, and offered me an EH 24 month warranty and as a good will gesture offered to look into repairing a big dent i found after i got the car home which is underneath the car and can only be viewed when looking underneath the car.
    I asked him to put everything in an email which he agreed. i got the email an hour or so later.

    and i he has worded it in such a way as to not accept any liability and everything he is offering is good will.

    I asked the salesman about previous owner and he said ‘he didn’t know off the top of his head’ and changed the subject.
    but obviously this is just words.

    What are my options please?
    I love the car but am 50/50 about returning it or just going with what they have offered or to try and push for a major service in November

    Thanks Steve

    • Hi Steve. To work through your issues point-by-point:
      1) You should be able to get the dealership to supply the correct books or, failing that, a duplicate. It does happen that books get mixed up from time to time when dealers are processing hundreds of cars per month. Without possession of the actual service history, you won’t know if it has been serviced correctly.
      2) Your Vauxhall warranty should still be valid if it the car was sold by a Vauxhall dealer and advertised as having 12 (or 11) months of new car warranty remaining.
      3) Ex-rental cars are very common. Contrary to popular belief, they tend to be very well cared for (most renters are terrified of the insurance ramifications of damaging it), regularly cleaned and maintained and fully serviced. The dealer is not obliged to provide previous owner information unless you ask for it, and should always be able to show you the V5 prior to purchase if you ask. Sales people never look at the V5 to find out who the previous owner was, so it’s entirely possible he didn’t know it was an ex-rental (although it will be common for Zafiras)
      4) The ‘couple of major faults’ mentioned may or may not be grounds for rejecting the car. If the dent was present when you bought the car and it wasn’t raised as an issue (and it’s not a safety or roadworthiness issue), the dealer has no obligation to fix it.
      5) The dealer warranty and dent repair will always be goodwill gestures. Nothing you have mentioned suggests the dealer has done anything wrong except give you the wrong service book.
      If you are concerned that the new car warranty may have been invalidated, I suggest you contact Vauxhall head office and ask them to advise. If it has been, then the two-year dealer warranty seems a reasonable compromise offer.

  682. Hi
    My partner bought a used BMW which was respected and had a body kit added. He bought it in April 2015 and its since needed a mechanical repair costing over 1k
    About 2 months ago the paint started to peel off the wing mirrors and now the paint is bubbling on the bonnet and looks a mess.
    He has finance for the car and still owes a lot ignoring money on this car . However they aren’t accepting they have any responsiblity for this as a repair.
    The value to sell it in the condition it’s in Is perhaps only half of what is owed on the car.
    What Is the best route to take with this ?

    Vicki

    • Hi Vicky. You don’t have any legal rights to reject a car which you bought nearly two years ago. If there was any warranty or guarantee on the paintwork or aftermarket parts, then you can claim on that. Otherwise, you will need to pay for any repainting yourself.

  683. Hi Stuart,

    I bought a Mazda 3, Sport, 2.2 Diesel back in August 2016 from a small trader in Northern Ireland. I purchased it on finance with a company called Close Brothers.

    In September the oil warning light started coming up and disappearing. At that point I tried to contact the trader but he did not respond and did not return my calls. Then I decided to bring the car to a local garage that I like to use (not a Mazda official service). The garage told me that this particular model of Mazda 3 Diesel is notorious for having issues with oil raising and things like that. He then said that he will change the oil and filters to see if that might help.

    And it did temporarily, but in the beginning of November 2016 the oil warning light came on and did not disappear. The same garage then told me that it is a turbo charger failure and the car had to be tolled to the trader’s garage (after managing to get him on the phone). The trader fitted a used part as apparently these are very expensive and covered some of the bill with the warranty that came with purchasing the car- Auto Guard which is valid for the first 6 months. I then had an issue getting any prove that the work was done to my car and I had a very hard time of obtaining it through the trader’s garage and eventually through the warranty company.

    Unfortunately the same fault with the turbo appears to be happening again now (January 2017) as the oil light came up and the engine lost power etc. exactly like the previous time. However now I feel like I have lost trust in this car and in the trader and his garage and I wonder if I have a case for rejecting the car whilst still the first 6 months (which will be in February 2017). I have contacted the trader to inform of the fault happening and that the car is undrivable this morning but yet there is nothing back from him as yet.

    I also wonder if the repair he made back in November 2016 count as the one shot he has under the Act to repair it, or would the warranty waive that?

    I am afraid that he might attempt to fix it temporarily so the car gets through the end of the first 6 months (which is a month fro now) and then I will be left to deal with a faulty car on my own. I would really appreciate your advise. Thanks!

    Kris

    • Hi Kris. If the fault is the same as last time (therefore the repair has failed), then you should be able to reject the vehicle. However, it is dangerous to assume that just because the symptoms are similar that it is the same fault.

    • Thanks for the reply Stuart.

      I will follow your advise and get the car towed to a garage to verify the issue.

      Since the trader did not contacted me after saying that he will get it sorted, for the next 3 days, I texted him tonight to say that I want him to deal with it. Then he responded with just the number of the garage he works with and nothing else. then I responded that I wish that he makes the arrangements with them because I’ve been experiencing bad customer service by them and that under the CRA I need to give him a chance to repair or replace (even though this was going to be his second chance really). then he stated that this is why he got a warranty for the car with AutoGuard and I should contact them instead, and then he wished me good luck. I felt so frustrated as it seems that just because he has got a warranty that covers repairs up to £500 for the first 6 months (by the way if this is the turbo again it will cost much more than that), he does not hold a responsibility to deal with the repair? I read in an article that the warranty repair does not mean I loose my statutory right to reject the car after the first attempt to repair. I will be very grateful if you can confirm if this statement is true.

      Also if I go for the rejection, do I need to write to both the finance company and the trader?
      Should I continue to pay my monthly instalments if I reject the car?

      Much appreciated!

    • No, your warranty does not replace your statutory rights.
      Yes, you will need to write to the dealer and speak to your finance company – then confirm with them in writing. In some cases, the finance company have been very helpful to customers in rejecting cars by taking their side against the dealer and effectively forcing the dealer to accept the rejection.
      Yes, you need to continue with your monthly payments until the finance company confirms the finance agreement has been cancelled.

  684. Hi Stuart,

    Two weeks ago I bought a Ford Focus 1.5 Titanium on a 64 plate. It had 27000 miles on the clock and was purchased from a franchised Ford Dealer. The advertised price was £10999 and I bought it for £10850 which seemed about right for the age and mileage. On first inspection the bodywork seemed to be in very good condition. However I washed it by hand this morning and noticed a large gouge along the plastic trim at the bottom of the car. However worst of all I noticed the bottom edge of the front nearside door has actually been pushed in so it’s not straight for about 9 inches. It has been painted over badly with a brush touch up. Do I have any redress from the dealer or is it my own stupid fault for not inspecting the car thoroughly enough? Should the dealer be expected to be aware of the damage and price the car accordingly?

    Thanks,

    Paul

    • Hi Paul. If the damage was already there when you inspected the car (ie – you failed to notice it), you have no case for redress. There is no requirement for the dealer to repair that damage in order to sell the vehicle unless it would cause the car to fail an MOT.

      If the car was fine when you inspected it and agreed to buy it, but sustained damage before you collected it, then you would certainly have reason to expect the dealer to repair the damage.

  685. Interesting article and thanks for posting it and the due diligence you’ve done putting this together.

    I bought a third spare car from a dealer last week for £3000 – a 53 plate Freelander. Within 50 miles the vehicle has had total brake failure leading to entire brake system leaking out the rear hub onto the road, the gearbox packing up and the engine spraying black thick oil all over the road. I paid for a complete service including engine flush, new oil, new filters (air and fuel) none of which have been done and on receipt when I picked it up had to put 4 new tyres on it as the tyres were 2-3mm. I am about to walk into the dealer tomorrow. Whats your advice ? I posted the V5 piece when I picked the car up from the dealer “serviced”. Amazing how you can change the oil without removing the filter :)

    By the way this is the 7th car I’ve bought from them and they’re mid way through trying to sell me a £8k Discovery. Any advice gratefully accepted. I’ve had the vehicle recovered, even Wiltshire Police who attended the roadside incident where I had brake failure said the vehicle was unroadworthy and not to go back on the road until it was fixed and had an engineers report.

    • Hi Richard. First step is to go back to the dealer with your list of issues and see what their response is. They may be prepared to refund you for the car or repair it as required, especially if they are trying to sell you another car as well. However, from your description of their vehicle preparation standards, I’m not sure I would be buying any car from them.

      If they dispute your account of what has happened/not happened, you will need to get an independent opinion. You will also need to refer to any written agreements as to what sort of servicing the car would have before you collected it. A verbal promise is worthless.

  686. Hi Stuart,

    We bought a car Honda Jazz from one of the dealers in Wembley.
    The car was advertised as excellent condition and ready to drive away with three months warranty. Took it for a test drive and we agreed to purchase a car. Me and my wife, we are not the experts in the cars and we have not spotted faults, they became visible on the way to home. We found that headlight and identification light were broken, the washer fluid bottle was leaking and airbag light identified error.
    We contacted the seller by a phone on Sunday, seller was very rude and refused repairs near my home as he promised the previous day, he mentioned about repairs at his workshop. We inspected a car at the professional service place, this has confirmed our concerns and advisory regarding brake pads and brake discs.

    This document was sent to a dealer, he only mentioned that he wants to see us in the court and do not contact him again so he refused any repairs.
    I sent him the rejection letter with the request to collect the car at my premises after the refund and awaiting for the reply but I believe I will not get any reply.

    What are the next steps? Trading Standards, Citizen Advice and finally a small case court?

    Thanks.

    Slav

    • Hi Slav. If he does not respond to your rejection letter, then ultimately you will need to engage a solicitor and take legal action against him. It is unusual for a dealer to refuse any further discussion and suggest court action as a first response, which suggests that there is more to this story.

  687. Hello,

    I bought a second hand car and RAC had to tow it back to the dealer the same day as it broke down (Sunday, 18 Dec). I asked for a full refund and the dealer finally accepted (verbally). I’m looking into how to get a refund for the road tax – I paid DVLA for a full year. Now, the dealer said they haven’t yet posted the V5, I have my V5C/2 bit. If I understood correctly, the dealer was not going to post the V5 to the DVLA, asking me to return all paperwork before they refund by cheque (I paid by debit card).
    Do you know if I would be able to recover tax from DVLA if V5 paperwork is not done? My thought is that the dealer is avoiding to add yet another owner on the car, which I can understand. Is there a specific procedure/process for this sort of situations? Or is it that in all cases (even if you ‘own’ the car for only a few hours) all paperwork still has to be done (V5 in particular)?

    Thank you for your advice/opinion!
    Jo

    • Hi Jo. If you paid the DVLA directly, the DVLA should be sending you a new V5C logbook for the car in your name. The DVLA will also refund you for any unused months of road tax once you sell the car back to the dealership. You can’t sell the car back to the dealership until you have the V5C from the DVLA (which usually arrives within a week, although it can take 3-4 weeks at times). Once you sign the car over to the dealer, you will need to return the notice of sale section back to the DVLA again. It would make everyone’s lives easier if the DVLA allowed you to do all this online on-the-spot, but the DVLA is stuck in the Dark Ages so it all has to be done via Royal Mail (who are fairly busy this week).

      The Consumer Rights Act doesn’t stipulate that the dealer has to refund you via the same method you used to pay. Technically, it’s not a refund. You bought the car and it had to be taxed in your name before you could drive off. In rejecting the car, the dealer is obliged to buy the car back from you at the same price, but you will be added as an additional owner.

    • Hi Stuart. Thank you for the response. I think what the dealer is trying to do, is just skip transferring the ownership of the car on my name. They asked me to return all the paperwork, including any V5 section they gave me. How does this sound?
      They expect me to return everything and then wait for the cheque through the post. They have the car and the keys. I have the service book + MOT etc. What to do?
      I contacted DVLA and they asked me to fill in a V62 but put a cover letter explaining the situation and that I am only asking for road tax refund, not for car log book. The form is not really fit for my purpose, as, for example, it’s asking for the VIN, chassis or frame number – and I don’t have this, as I don’t have the car or the V5 main page where it is specified. Also, normally, you pay £25 for this form to be processed, but if you attach the V5C/2 (or the car is category C salvage) then you don’t pay.
      If I return the V5C/2 to the dealer, then they will probably be able to apply for a new V5 and say they lost the previous one, and so, they don’t have to add me as owner.
      Let me know your thoughts, please. Thank you!

    • That all sounds fair enough, but you should be insisting that you get your cheque ASAP – even if you have to go and collect it. As of right now, they have the car and your money. The DVLA could take many weeks to get its act together, so you don’t want to be waiting for that before you get your cheque.
      The dealer should easily be able to give you the VIN details, and if you have to pay £25 then the dealer should also be refunding this.

  688. Hi Stuart,

    This is an interesting article and I am hoping for some more information to help me with an issue I am currently experiencing with a local small independent dealer.

    I bought a vehicle in November 2016 from them with the agreement that the vehicle would be serviced, come with a 15 month warranty and 12 months advisory free MOT. I was told that the vehicle had passed the MOT but had an advisory on the steering rack which would be rectified and re-tested asap. I was told that I could take the car away and bring it back at a mutually agreeable time to have the work done, which I agreed to. When trying to tax the vehicle I noticed that it wouldn’t let me do this as the system was showing no MOT, I spoke with the dealer and they advised that the system must not have been updated yet and to try again the next day. I did this and still the vehicle wasn’t able to be taxed, I did an MOT history check and discovered that the vehicle has indeed been presented for an MOT but had actually failed, obviously I was not happy with this and the dealer initially advised that I could collect some trade plates from them which would negate the need for road tax, I refused and said that my insurance would be invalid with no MOT and that trade plates are for them to go about their business, not to get around a vehicle being let go with no MOT.

    I also noticed that the vehicle hadn’t had the manufacturers service carried out which required a timing belt and a few other items, I agreed to take the car back to them as they were reluctant to come and pick it up and borrowed a courtesy vehicle from them while they investigated what happened. They advised me that they had been let down by their MOT centre and wouldn’t use them again and after many phone calls and emails I agreed to contribute £400 towards the full service that was required, I wanted this to validate the 15 month warranty that they had sold me and also because I planned to have the car for a long time. The repair / service / mot took many weeks to complete with no updates unless I chased them, I received no service invoice to detail the work, just a stamp in the service book and a brief description of what had been done. The MOT was a pass with no advisory. Soon after taking the vehicle from them I noticed that the vehicle wasn’t driving right, pulling to the left when setting off and shaking when getting up to speed and braking at speed. I advised the dealer and they agreed for me to take the vehicle back for them to have a look, they had the vehicle for a short time and I believe balanced the wheels which seemed to make the vehicle feel a little better but still not 100%. When setting off the car would shake to the left or right and the shaking when braking was getting worse, I got my father-in-law to have a look at the vehicle as he has worked on a few cars in his time and he has said that the wishbones have no rubber seal around them as they have perished and there is a lot of play, the vehicle clunks when turning the steering wheel. I asked the dealer to take the vehicle back and to thoroughly check it over, rectifying this fault and anything else that was present on the car already. The dealer got very annoyed with me and said they had already spent a lot of money on the vehicle and asked if I just wanted my money back, to which I initially refused saying I just wanted the car putting right and felt that I had been more than patient and accommodating with everything that had gone on previously. He did agree to look over the vehicle but said there was nothing wrong with it and that I was just being picky and expecting a new car.

    It was at this point that I agreed to return the vehicle for a full refund and also for the £400 back that I had contributed to the service (which should have been completed prior to selling the vehicle as it was overdue) the steering rack and everything else were needed to legally pass the cars MOT. I also want the £180 back for the warranty that I brought. The dealer is telling me he will only refund me the price of the car and that I won’t be getting back my £400 contribution for the service or a refund on the warranty. Is there anything I can do about this? Am I entitled to a refund for the extra items?

    Thanks

    Jon

    • Hi Jon. The Consumer Rights Act only refers to a refund of the vehicle price, which doesn’t account for road tax or any other expenses. So technically, they don’t have to refund you for the service contribution or the warranty (which you should be able to cancel with the warranty provider for at least a partial refund).

      The dealer should not have let you take the car away without taxing it, as it would not have been taxed or insured when you drove it home. They absolutely should not be offering trade plates as some kind of solution to the vehicle failing an MOT. You could bring this up and threaten to report them to Trading Standards if they don’t refund you for your additional expenses, but there is no guarantee they would agree – indeed, they may dig their heels in further and contest your rejection altogether.

      If the case ended up in court, the judge would work through your issues one by one, and there is no guarantee you would win in the end. Even if you did, there is certainly no guarantee that you would be awarded the extra £580 for warranty and service costs, let alone your court costs and legal fees. You may well be best placed to take the refund for the vehicle and then report them to Trading Standards for their poor behaviour. It won’t help you recover the additional costs, but it might stop them repeating the behaviour to other customers.

    • Stuart,

      Many thanks for the reply, I was thinking that was my best option, to receive the refund for the vehicle and then pursue the additional costs separately. Would it be worthwhile having the vehicle MOT’d again today to see whether or not it would pass, I believe with the steering issue it would fail. Would that add any weight then to any legal case / trading standards involvement to show that just over a week from the last MOT being a pass with no advisory items that it now fails?

      I looked and the warranty states that I only have 7 days to cancel it, I noticed that the mileage of the vehicle was recorded wrong on the warranty paperwork and the dealer ticked to say it was free from defects when at that time it actually had a failed MOT with defects known to them so would that void the warranty altogether, it also stated that the vehicle was serviced up to date in line with the manufacturers guidelines which again at that time it wasn’t. Also we split the cost of the warranty and I paid the dealer so would the warranty company be in a position to refund me anyway? The only reason that I contributed towards the service was to ensure that the vehicle had the major work done as required for the age and mileage because the dealer was only offering to do a basic oil and filter change for me.

      Thanks

      Jon

    • I don’t know if you have any strong legal grounds for reclaiming the additional money, so it would be more a case of negotiation. I am surprised the warranty documentation only allows 7 days for cancellation; it should be at least 14. It’s possibly out of date paperwork.

      Any MOT inspection will be recorded, so if the vehicle does pass a test today then you are weakening your own case. Even if it failed, the dealer would potentially argue that you must have tampered with the vehicle since it was passed by an independent MOT station only one week previously. I don’t know that it would help you overall.

    • Stuart,

      Even 14 days wouldn’t be enough because although I only picked the car up on the 13/12/16 I originally paid for the car and had the warranty started from 25/11/16, I had the car for 1 day and then returned it for the work to be done, that is what frustrates me even more that although legally I have paid for the car on the 25/11/16 I didn’t get to drive it properly until the 13/12/16.

      Thanks

      Jon

  689. Hi Stuart,

    Is there any time limit over how long the dealer can take to fix/remedy a fault? I bought a brand new A45 AMG, 1500 miles in and 2 months after purchasing and it has a gearbox problem. They have advised that a whole replacement gearbox and transmission is required and I can no longer drive it until it’s fixed. It’s been 2 weeks so far and they can’t tell me how long it’s going to be until the parts arrive to fix it.

    So is there any time limit you can hold them to that if they don’t meet would mean you could legally reject?

    Thanks!

    • Hi Adam. I’m not sure is there is a specific limit. If you are not getting any suitable response for the dealer, I suggest you contact Mercedes-Benz UK and complain about the situation.

      To be fair, replacing an entire engine and gearbox is a massive expense (probably around £10,000 or more), so the manufacturer will have very demanding expectations before agreeing to source a replacement. And AMG engines aren’t exactly kept in stock, so presumably a new one has to be ordered and built specifically for your car. It’s a serious undertaking, especially since AMG still promises that all engines are hand-built by one person which is much slower than grabbing a spare one off a production line.

    • Thanks Stuart, but it’s gearbox and transmission, not engine. It’s been a month now and it’s still not completed and the car is sitting at the garage.

      I paid £45k cash for the car and I’m really worried that this work showing on the digital service history will only serve to accelerate the already massive depreciation on these cars.

      This seems entirely unfair since all I’ve done is hand over the cash and have now been without use of my car or an equivalent replacement for over a month, a third of the time I’ve owned it!

      I wondered if I had any legal grounds to demand a full refund as I’m still no closer to knowing if and when it might be fixed. I feel totally conned and helpless.

      Thanks for your help,

      Adam

    • By the way I have already contacted MB UK and the AMG specific service line to no avail, no one can tell me when it’s going to be fixed.

  690. I agreed to buy a used car from a dealer and paid a small deposit. Nearly five weeks later the v5c still hasn’t turned up (personalised plate change) and the dealer is suggesting I apply for a new one. As I haven’t yet paid for the car and won’t buy it without the v5c can I cancel the sale?

    • Hi Nigel. I don’t think that DVLA inefficiency is an acceptable reason for cancelling a vehicle purchase. Unless there is a specified delivery date on the contract which the dealer is unable to meet, you would still be expected to take delivery of the car.

      Personalised plate changes are incredibly and painfully slow. The DVLA is truly the most useless organisation on the face of the planet.

  691. Hi Stuart,
    I wonder if you can advise me? My son bought a 2002 Mini from an independent dealer some 3 months ago. He loves it and it’s fine. However, he has just had it serviced for the first time since his ownership, and it was found to have had water in the power steering and oil somewhere else ( forgive me, I’ve just forgotten where, but the oil should have been in the power steering and the water somewhere else). He’s had to pay around £400 to have it sorted, no harm appears to have been done, but I feel the supplying garage should pay for this. He alternates between the north and south of the country, bought the car in Blackburn, and had the service in Cornwall, hence why it was not serviced at the supplying dealer. Does he have any legal rights if a softly softly approach to the supplying garage is rejected?
    Many thanks
    Nigel Toulson

    • Hi Nigel. Without knowing the full details, it sounds difficult to establish whether there was a fault with the car when it was sold. Given that it’s a 14-year old car (with presumably some considerable mileage) and it has been performing without problems, it would be difficult to pursue the dealer for a £400 repair cost now.

  692. I cant find this covered anywhere I bought a import from a local garage ,I have health problems so I wanted something with more comfort and the car to be higher up as I have nerve damage, spine problems, I looked in the showroom and there was this lovely car its a replica Bentley like the 1950s, went back another day and took it for a test drive, when I got into the car with the salesman I noticed the management light was on also it wouldn’t idle.
    Test drive good got back to the garage and I said to them I have the car has long as you can get me part when I need them they said yes they also told me take it to a garage they use for repairs and they would sort out the idling and the management light, they rang me when it was ready had the car back and within days light back on not idling they took the car back and they said they bring it to me when its ready they did but I must have been back and four 3 times they also wanted to charge me.
    Went back to the garage I bought the car off and its not been friendly so I looked up garages that could do the job they said there was something wrong with a agr valve ? this garage is about 10 miles from me. They rang me told me its ready and they had to repair valve couldn’t get the part.
    So I get there go to the office bill me for something around 180 pound as I’m walking to the car they decide to tell me they had a bit of a accident, on the motorway one side of my wind deflectors blew off, funny they for wind its the full length of the front window to the back and its broken in three places, they are also tinted to go with the car I said what you going to do about this. they said sorry, in a temper I drove home.
    Phoned the garage that sold me the car they were turning me round they little finger, when I needed the part I asked the salesman he said go on the net and get it I said that’s not getting me parts, around this time I’m having a breakdown. This all happened within my 6 months , Well ive had the car a year and a half 3 months ago the air con packed up no one can do the job this also means I have no heating, demister all over winter so if its frozen or heavy rain I cant use the car.
    Talked to the garage who sold me the car yesterday he told me to take it back to the garage they use for repairs, phoned the garage girl answers tells me they don’t work for him no more and the mechanic who work on my car has left or been sacked.
    My management light still comes on and George the owner of the garage who sold me the car, when I told him many times about the management light says don’t worry just drive it, it will be alright. So im still waiting for someone to do the air con and my light is still on.
    The garage is under no scheme, I really don’t know what to do I’ve also paid out around 600 or more I have some receipts some I paid cash. This replica Bentley is a Nissan something on log book but the car is called Mitsuoka Galue 11 1999 auto and everything in the car is Japanese but I can cope with that.
    So please Help. Garages have got it made they get away with murder.
    It’s a 15 year old car that looks like a lovely old Bentley but is a 15 year old Nissan that I part-ex my Merc Convertible and the rest cash total 8 Thousand pound plus extra valium off my Dr .
    This garage has had me running around for months and ive had a mini stroke a couple of weeks ago, Heart Attack, Kidney failure, spine problem, nerve damage and my Dr really has notice since the car my health is suffering and is willing to put it in writing . when on a bit I know. Thanks Byron.

    • Hi Byron. If you have had the car for a year and a half, you don’t have protection from the Consumer Rights Act to reject the car.
      Unfortunately, buying an imported and modified car like the Mitsuoka Galue means you have no idea of the vehicle history prior to it arriving in the UK. Getting parts for a 1990s Nissan Cedric saloon (which is what the car is underneath the faux-Bentley bodywork) will be very difficult in Japan these days, let alone in the UK where it was never sold in the first place. The Mitsuoka alterations are just ugly fibreglass body bits stuck or bolted onto the Nissan chassis underneath, so I’m not surprised bits have been flying off on motorways.
      Buying a 17-year old car which has been unofficially imported at some point and was never sold here is always going to be a very risky investment, but that’s not necessarily the dealer’s fault. You have basically bought a dog of a car.
      The dealership may have failed its obligations with the idling problem if you had a valid used car warranty, but this would have been for a maximum of three months. After that, any problems are yours and not theirs.
      I don’t see how you have any redress against the dealer or the other garage unless they are lying to you. By now, all they want is for you to go away. If you want to pursue either of them, you will need to engage the services of a solicitor and try to find some valid grounds, but that could be an expensive and futile chase. You may be better off to simply cut your losses and sell this awful car.

  693. Hi Stuart,

    I bought a 2014 Ford grand c max from a ford dealership in London for 10400, i paid 5500 in cash and am currently paying the remaining via there in house finance service. The car had done 32000 miles and had just had its 2nd year service the day before i collected.

    I live in Cornwall but traveled to London to buy this as the cars seems to be cheaper the further up country they are. Obviously this means I’ve been using my local ford dealer for my issues.

    Anyway long story short, within 2 weeks i noticed the car was losing engine coolant, i contacted the ford dealer i purchased the car from who advised I get my local Ford dealer to check it out since its still under manufacturing warranty.

    The car has now been to my local ford dealer 4 times over last 3 months about the same problem and is booked in again next week as on the weekend while trying to take my son to hospital i lost hot air and engine temp gauge all over the place and yet again out of engine coolant!

    Ive really lost faith in the car now and while i know i wont get a full refund i wondered if im within my right to request my car is replaced with another car of similar specs?

    Kind regards

    David

  694. Hi there, I wonder if you can help me with my case, it’s as follows;

    I am writing to you for some help and advice. The story begins with me purchasing a vehicle. The vehicle was purchased on 29/10/2016. On the day of purchase I raised a couple of issues with the car. After the car was taken away by a local garage that the firm seems to have a contract with I was assured multiple times there was nothing wrong, just a flat battery causing the starting issues.

    I was willing to agree since the car did look unused for quite a while. However already on the, quite long, trip home there was problems, it was making noises and the engine warning light came on. I called them the next day to again raise this issue, so they suggested I take it to an independent shop to get it checked out. This was something I planned and I did, after a day I was contacted by the garage to let me know that I can pick the car up. Upon that I was made aware of a loose bolt that hold the engine and a loose cable. They suggested that the car be take to a special dealer dealing with hose particular cars. So I phoned up the dealer in question (SLMotorcars) again and let them know of this, as well as over email. They then booked it in a specialized dealer for me and the car was taken there on Wednesday the 9th on November morning, and was released on that following Thursday. Upon picking the car up I was let know that there was work done however the problems went further than that.

    I received a video from the head mechanic that was looking at the car on the day explaining that from what he found out the engine had either been changed or messed around with by an amateur and a bad job was done, to the point where the engine was so loose that it could come undone and fall out at anytime. you can imagine how shocked I was that this car was even road legal and that nothing had happened on the 150 + mile journey home.

    After contacting them again and letting them know that this was the case I asked them if they would be willing to cover all the costs of making the car safe, the answer was no, to which I responded that I would like a refund of the product and that they collect it from me as I am not willing to make that trip again for fear that the car cannot make it. Since then I have not had a correspondence back from them.

    I would like to exercise my right of the ‘The Consumer Rights Act 2015’ and I need your help and guidance of how it is best to do this.

    • Hi Elian. You need to write to the dealership and formally reject the vehicle. The dealer is entitled to one chance to repair the car before rejection, since you are outside the original 30 days of ownership but within six months. If the dealer repairs the car but it does not fix the fault, you are then entitled to proceed with rejecting the vehicle.

      If the dealer refuses to accept your rejection, you will need to take legal action to force the issue. This will usually mean hiring a solicitor to represent you.

  695. Hi There
    I purchased a car and after 14 days the head gasket went on it? I have had some repair work done but I want to return the car to the dealer?
    Is this possible after having some repair work done which was not authorised by the dealer?
    Thanks

    • Hi Zakir. It depends on why you chose to take the car elsewhere instead of back to the dealer. It is reasonable for a dealer to expect that if you have a problem with your newly-purchased car, you bring it back for them to look at rather than taking it elsewhere. However, that is not always practical (eg – you may live a long way away from the dealer, or it may have been an emergency that required immediate repair).

      There is nothing in the Consumer Rights Act which says you can’t have it repaired elsewhere, but it does make it harder to argue your case with the dealer (or a judge, if it gets to court). The dealer is also unlikely to reimburse you for your costs to the other workshop.

  696. Hi Stuart.

    The carpet was hidden under the mats – we didn’t check under the mats – schoolboy error I know – the car was advertised as excellent condition ( with no specific reference to the carpets). If we had looked under the mats and seen this we wouldn’t have bought the car.

    So you mean there no comeback to the dealership – the car has a 3 month warranty but I assume that is useless.
    So no come back on the 30 day law to reject the car?

    Would we have any recourse under the credit card we used to buy it with ?

    • As annoying as the issue may be, I don’t think that the dealer, the credit card company or the courts would say that it constitutes a significant fault with the vehicle. A significant fault has to be something which stops the car from doing its job, and some torn carpeting underneath the floor mats would almost certainly not meet that criteria.

  697. Hi we bought a 3 year old car from Evans Halshaw three weeks ago. tonight my wife found the carpet is all ripped and dameged with the foam missing leaving numerous holes in the flooring under the drivers side floor mat. Should the dealership repair this for us – or should we have spotted this when we bought the car?

    • Hi Sena. Unless you are suggesting that the carpet wasn’t like that when you first saw the car, or the carpets were advertised as being excellent condition, you don’t really have any right to ask the dealer to repair it. It’s a used car and the original owner wasn’t necessarily kind to it.

  698. Hi Stuart
    I hope you can shed some light. I purchased a 2006 Mini Cooper S in July 2016 with 93K miles for £3750. The Dealer put it through MOT and all was well. The car suddenly stopped working we had it towed to a garage for them to look at it. It turns out the housing for the timing chain has slipped and bent all 16 Valves and will cost £1200 for parts and unsure of labor costs on top. I contacted the dealer to advise and he told me I was 2 weeks outside of my 3 month warranty and he wont consider looking at it. i have sent him a letter asking him to consider the cost of repair or take the car back. It has only been driven minimal miles during the 3 month period and i replaced 2 front Tyre’s shortly after purchase and also repaired the horn – other than that the car seemed sound. My question is should he have advised us that the timing housing belt etc should be considered due to the cars mileage. I have an appointment with a solicitor to see what if anything can be done. I’m at a loss as i cant afford repairs and to be honest I cant warrant spending more than the car is worth on repairs. Thanks in advance for any help you can advise.

    • Hi Ruth. With a car that age and mileage, it will be difficult to reject the car under the Consumer Rights Act. You need to show that the car was faulty when sold, and cases that have gone to court since the new Act came into force have seen considerable lenience applied to used cars with high mileage.
      I would have thought you would only really have a solid case if you can show that the dealer failed to show you the service records, or they were not provided with the car. If you had all the records, a judge (and lawyers for the dealer) are likely to suggest that you should have taken action to make sure the timing chain was serviced.
      The solicitor may be able to explore your situation in more depth and provide an angle to argue your case, so hopefully something will come of that.

  699. Hi Stuart, I purchase a vehicle a week ago, on my return home it was evident I could not park it on my steep drive, the handbrake being totally ineffective even when placed in gear the car was creaking and groaning, so have resigned myself to the fact I will have to try and always park on the flat with the car in gear (for extra peace of mind) I contacted an independent Volvo garage for a price for repair, it was explained to me it is a common fault on this particular model, the price for repair would be £450, I was aware the car already needed a tyre (at a cost of £120) but was not prepared for a bill of £450, considering I have just paid £12,000 for the car I am left fuming, the car has only recently passed its MOT, 2 weeks ago, not sure how because the handbrake is ineffective even on slight gradients, I have informed the car dealership who have asked me to return the car for inspection by their “Brake Specialist” but lets face reality we all know how car dealers operate if they can get away without footing the bill they will, tomorrow I am taking the vehicle to my own garage for inspection I would rather trust an independent to a garage associated to a car dealership (especially it its the same garage that issued the MOT) the MOT advisories mention both front and rear discs were corroded, there is also another advisory on the MOT which will cost £130 to fix, my question is if my garage tells me the handbrake efficiency would not pass an MOT am I within my rights to return the vehicle for a full refund ? I really can’t be bothered with arguments between garage mechanics and dealers, to cut to the chase I have paid £12,000 for a vehicle that I have no confidence in parking on any type of gradient

    • Hi Phil. You will need proof that the handbrake is ineffective if you want to go through the rejection process. The selling dealer is entitled to inspect the car (which they absolutely will) before agreeing to any rejection.
      It may be that they agree with you and offer to repair the car for free. That may be a better and easier option than going through the hassle of rejecting the vehicle.

  700. Hi I bought a car which was 5 years old from a dealer. After 3 weeks I noticed all the back seats were wet. I looked in the boot and it was saturated. In the boot well easy 6 inches of water so their was a serious leak somewhere. I took the car back to the dealer where they said they would look at it. The next day I told them I wasn’t happy as I have to carry my children in the back. There was mould growing. Anyway they said I can’t have a refund but they would look at it. I said ok but want it in writing that if it happened again I can bring it back and so they agreed. Before I was due to collect it i asked them for the agreed condition in writing and they refused. Once again I told them and wrote to them that I wished to reject the car. They wrote some nasty emails to me and refused saying they will leave my car on public road as they had no space in their yard. This all happened within the 30 days of purchase. I know ow this is not a mechanical fault but it’s still not satisfactory as I need the back seats for my children. What can I do? Am I entitled to a refund for this serious leak?
    Many thanks
    Maek

    • Hi Mark. This does sound like a significant fault, as it is clearly affecting the car’s ability to do its job. Of course, that doesn’t mean that the dealer will play along and happily refund your money, as you have found. You will need to take legal action to successfully reject the car and get your money back. You can ask for some advice at legalbeagles.info, which is an excellent consumer legal advice site, but you will almost certainly need to employ your own solicitor.

  701. Hi ive juat bought a 53 plate fiat punto as a cheap run around for £500 within 6 days the power steering has failed, engine management light has come on… and engine is leaking oil, contacted the garage (small garage selling about 5 cars at a time) he just said tough, my receipt clearly states all cars sold as seen no warrenty, exchange or refund… i said Ill ring trading standards he just laughed… worst of it is, it passed an MOT the day before and has numerous niggles that werent even advisories like faulty wipers, seat bot reclining… garage is no help at all…. what could I do?

    • Hi Ben. I’m fairly sure that his receipt doesn’t invalidate the law regarding the Consumer Rights Act. However, your chances of getting a rejection are probably going to be slim. The dealer clearly has no intention of co-operating, so trying to force the issue is likely to cost more than the car is worth, with no guarantee of success. In cases that have gone to court since the new Act came into law, the judges have been quite favourable to used car dealers – especially on older, high-mileage vehicles.
      Any car costing only £500 from a dealer (who has to make a profit margin on the sale, meaning they paid basically nothing for it) is going to be a lottery.

  702. My son in law bought a 2011 Peugeot from a dealer, it cost £3295.
    Within 12 days the clutch cable snapped while driving & this resulted in a minor accident.
    The insurance company deducted excess & the remaining policy cost & awarded him £1556

    As this fault occurred within 12 days of purchase, can he raise any case against the dealer?

    It’s so unfair that he’s list his car & half its cost within 2 weeks!

    After the accident the dealer towed the car to their garage, so surely this implies they knew they had some responsibility.

    • Hi Cher. To deal with the last point first, the dealer agreeing to tow the car to their garage does not imply any responsibility. It would need to go back to them to be inspected as part of any claim under the Consumer Rights Act anyway, so it did your son-in-law a favour, rather than him having it towed home and then towed off to the dealer later on.

      With regard to the failure itself, it would depend on the nature of the failure and whether the cable was faulty when sold or caused by the driver after the sale. This may be difficult to show if there is other accident damage. My best advice would be to seek some legal assistance to help you argue your case.

  703. 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

    • Hi Sue. If you want to reject the vehicle, you will need evidence of a fault to back up your claim. The dealer has said that they dispute your claim that the vehicle is faulty, so you will need to find an independent party (ie – another garage) to provide a written report that the heater is faulty. This will need to be at your expense – you can negotiate the cost being refunded as part of the rejection, but there is no obligation for the dealer to repay it.

  704. 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

    • Hi Lisa. If the vehicle was part-exchanged with the number plate included, there is nothing the former owner can do about it. The car was sold with that number plate and therefore it belongs to the new owner (your partner). If the former owner did not intend for the car to be sold on with the number plate, it is up to him to take that up with the dealer he sold it to. Not your problem.

  705. 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?

    • Hi Lee. It would depend on whether the car was advertised as including a spare wheel or whether anything was ever discussed (presumably not, or else you wouldn’t have only discovered it once you got home). If it’s a used car, you can’t assume that it is still in its original factory specification, and if it came from an independent garage then it’s possible the dealer never even looked to see if it had a spare wheel.

    • So are dealers able to sell a vehicle which has had a part cut off and deny knowledge and get away with it? I thought if something was missing that came as standard there is an expectation for that part to be there unless notified otherwise?

    • If it is a used car, there is no obligation for it to be sold in its original condition with original equipment. You would only have a valid claim if the car was advertised with a particular feature that it didn’t have.

  706. 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

  707. 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!).

    • 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.

  708. 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

    • 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.

  709. 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?

    • 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.

  710. 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

    • 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.

  711. 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.

    • 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.

    • 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).

  712. 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

    • 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.

  713. 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

    • 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.

  714. 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?

    • 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.

  715. 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?

    • 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.

  716. 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

    • 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.

  717. 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

  718. 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

    • 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.

  719. 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.

    • 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.

  720. 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

    • 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.

    • 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

    • 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.

    • 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

    • 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.

  721. 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.

    • 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.

  722. 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

    • 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.

    • 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 ?

    • 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.

  723. 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?

    • 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.

    • But what if the garage were not able to find the fault. As Ian said it is intermittent. If the garage did not find the fault how can you reject the car as the finance company will just say no fault exists?

    • Hi David. In any case where the dealer refuses to accept the rejection (regardless of the reason), you will need to take action against them. This ultimately means going to court if no agreement can be reached.

      The finance company will not necessarily take the dealer’s side against you. If there is a fault with the car, it is in the finance company’s interest to reject it too, so they can get their money back.

  724. 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.

    • 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.

  725. 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

    • 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.

  726. 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

    • 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.

  727. 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

    • 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.

  728. 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

    • 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.

  729. 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

  730. 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

    • 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.

  731. 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?

    • 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.

  732. 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?

    • 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.

  733. 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?

    • 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.

  734. 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

    • 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.

  735. 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

    • 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.

  736. 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

    • 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.

  737. 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

    • 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.

  738. 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?

    • 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.

  739. 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!

    • 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.

  740. 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.

    • 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.

  741. 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

    • 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.

  742. 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

    • 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.

  743. 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

    • 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.

    • 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.

    • 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.

  744. 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

    • 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.

  745. 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?

    • 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.

  746. 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.

    • 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.

    • 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.

    • Hi
      We’ve purchased a new Fiat 500s on 02/01/2017. Payment was cash in full. Both salesman informed us it had Sat Nav with Uconnect and also it mirrors your phone with Uconnect. After days of trying to get it to this, hand book and internet searches, we phoned the salesman who informed us the tech guy would call and show us how to do it. I had to call back a week later, the tech guy called the same day to talk us through but never worked, I suggested to bring the car in and he could physically show me. On the 16/01/2017 We took the car there and the tech guy sat in the vehicle pressed a few buttons then told us what we knew, the vehicle had know sat nav. We left the vehicle with the salesman and asked to sort this problem.

      A few days later we emailed the salesman if he had fixed the problem, he said ‘it didn’t have sat nav and doesn’t know where the confusion come from, I like the private plate it makes the car look great…..??? Immeidetlty we called the DP but was put through to the Sales Manager, we explained the dilemma. He informed us he would investigate. It’s now been a week with no communication.

      We don’t won’t a discount or a different car. We will only demand a refund if the car does not come with Sat Nav, an important tool for our driving needs. Could you please inform us were we stand. Thank you.

    • Hi Christopher. Unless you have anything in writing which proves that the salesmen advised you that the car had satnav, there’s not really a lot you can do. They will swear on their grandmothers’ graves that they never said such a thing, and that you are clearly mistaken – so unless you have it in writing, you have no proof.

      At best, you can write letters of complaint to the dealer principal, to Fiat UK and to Trading Standards to tell your side of the story, but the best you can hope for is that the dealer makes some kind of financial goodwill gesture (and I have no idea how much it would cost to retrofit the nav unit).

    • Ibought the car cargain that car mechanically faulty. They tlae more then 20 to sort out but failed. I reject the car finance company and cargain they are cooperate us.

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