Rejecting car question
21 December 2016, 06:15 PM
#1
Rejecting car question
My friend has a 2013 Focus ecoboost for 3 weeks,and covered 124 miles
He Px'd his old 2008 Focus and took finance against the remainder.
The Focus ran short of water(common fault apparently),blew the Headgasket and seized the engine.
He now wants to reject the car,as obviously not fit for purpose. The "Car people" where bought from said that isnt possible as a PX was involved. They will also not give him another car (he is happy to take another car as replacement),but they will only repair the car and give it back to him when ready.
Surely this isnt right is it ?
He Px'd his old 2008 Focus and took finance against the remainder.
The Focus ran short of water(common fault apparently),blew the Headgasket and seized the engine.
He now wants to reject the car,as obviously not fit for purpose. The "Car people" where bought from said that isnt possible as a PX was involved. They will also not give him another car (he is happy to take another car as replacement),but they will only repair the car and give it back to him when ready.
Surely this isnt right is it ?
21 December 2016, 06:22 PM
#2
Scooby Regular
iTrader: (1)
Join Date: Jul 2009
Location: Sutton, W'Mids
Posts: 175
Likes: 0
Received 0 Likes
on
0 Posts
No that isn't right.
The car needed to be fit for purpose.
Give you my example that happened recently.
I bought a 2009 reg Impreza STi Hatch
Test drove fine. HPI clear. 1 Owner from New 50K. Standard with Full Subaru Dealer history. £12k with a part ex involved.
2 hr drive home, by the time i got home the car was overheating. It wasn't in the red but it had crept up. RAC inspected and advised it was fine - next day, ddriving to work (6mile journey) the same thing happened.
Car was recovered to the dealer (2nd hand dealer).
I advised i wanted to return the car. They advised they needed an opportunity to investigate and prove the car was at fault. They had it for two weeks.
Week One - Car was kept with them, they did a number of test drives. Let the car idle. No overheating issue. They advised it was nothing to worry about. i advised that was not the case and wanted it taken to a main dealer.
Week Two - the car was sent to subaru. Took them a week to also find fault in form of a compression test and lipmus test for exhaust gasses.
On proving a fault. As it was reported to the 2nd hand dealer with a period of time and it was within my statutary rights they provided a full refund. This included either my part ex back or the value that was offered as part of the deal. the latter was taken.
So yes, your friend should be able to state that he is illegible for a refund of his monies. If the car was not fit for purpose.
There is a lot of legal info online about the act that this is covered. Just google it. SHould be enough to provide him ammo to get it sorted i'd have thought.
The car needed to be fit for purpose.
Give you my example that happened recently.
I bought a 2009 reg Impreza STi Hatch
Test drove fine. HPI clear. 1 Owner from New 50K. Standard with Full Subaru Dealer history. £12k with a part ex involved.
2 hr drive home, by the time i got home the car was overheating. It wasn't in the red but it had crept up. RAC inspected and advised it was fine - next day, ddriving to work (6mile journey) the same thing happened.
Car was recovered to the dealer (2nd hand dealer).
I advised i wanted to return the car. They advised they needed an opportunity to investigate and prove the car was at fault. They had it for two weeks.
Week One - Car was kept with them, they did a number of test drives. Let the car idle. No overheating issue. They advised it was nothing to worry about. i advised that was not the case and wanted it taken to a main dealer.
Week Two - the car was sent to subaru. Took them a week to also find fault in form of a compression test and lipmus test for exhaust gasses.
On proving a fault. As it was reported to the 2nd hand dealer with a period of time and it was within my statutary rights they provided a full refund. This included either my part ex back or the value that was offered as part of the deal. the latter was taken.
So yes, your friend should be able to state that he is illegible for a refund of his monies. If the car was not fit for purpose.
There is a lot of legal info online about the act that this is covered. Just google it. SHould be enough to provide him ammo to get it sorted i'd have thought.
21 December 2016, 06:22 PM
#3
My friend has a 2013 Focus ecoboost for 3 weeks,and covered 124 miles
He Px'd his old 2008 Focus and took finance against the remainder.
The Focus ran short of water(common fault apparently),blew the Headgasket and seized the engine.
He now wants to reject the car,as obviously not fit for purpose. The "Car people" where bought from said that isnt possible as a PX was involved. They will also not give him another car (he is happy to take another car as replacement),but they will only repair the car and give it back to him when ready.
Surely this isnt right is it ?
He Px'd his old 2008 Focus and took finance against the remainder.
The Focus ran short of water(common fault apparently),blew the Headgasket and seized the engine.
He now wants to reject the car,as obviously not fit for purpose. The "Car people" where bought from said that isnt possible as a PX was involved. They will also not give him another car (he is happy to take another car as replacement),but they will only repair the car and give it back to him when ready.
Surely this isnt right is it ?
Caveat emptor.
21 December 2016, 06:26 PM
#4
Thanks Steve,thats a great example..
Im not sure how an new owner could check if a gasket thats internal in the engine would be in good condition ?
You would hope that at 23k mileage and 3 1/2 years old it would be ?
Caveat emptor ? Does that even apply if the car was bought from a dealer ?
Im not sure how an new owner could check if a gasket thats internal in the engine would be in good condition ?
You would hope that at 23k mileage and 3 1/2 years old it would be ?
Caveat emptor ? Does that even apply if the car was bought from a dealer ?
21 December 2016, 06:32 PM
#5
Scooby Regular
iTrader: (2)
Join Date: Mar 2013
Location: Manchester
Posts: 726
Likes: 0
Received 0 Likes
on
0 Posts
Your friend is entitled to reject the car, Within the first 30 days a vehicle can be rejected if any fault occurs.
After the 30 days the company have the right to want a chance to fix it.
But the car must be fit for purpose for a minimum of 6 months.
After the 30 days the company have the right to want a chance to fix it.
But the car must be fit for purpose for a minimum of 6 months.
21 December 2016, 06:37 PM
#6
Thanks Steve,thats a great example..
Im not sure how an new owner could check if a gasket thats internal in the engine would be in good condition ?
You would hope that at 23k mileage and 3 1/2 years old it would be ?
Caveat emptor ? Does that even apply if the car was bought from a dealer ?
Im not sure how an new owner could check if a gasket thats internal in the engine would be in good condition ?
You would hope that at 23k mileage and 3 1/2 years old it would be ?
Caveat emptor ? Does that even apply if the car was bought from a dealer ?
You said that the fault is common.
It's like buying a 2.5 Subaru or K Series Rover engine, you know something may go wrong. All you can do is keep pushing doors for help and advice.
Trending Topics
21 December 2016, 06:55 PM
#8
21 December 2016, 08:10 PM
#9
Scooby Regular
iTrader: (1)
Join Date: Jul 2009
Location: Sutton, W'Mids
Posts: 175
Likes: 0
Received 0 Likes
on
0 Posts
Many people think that if you buy a 2nd hand car you have no rights. That is not true, you have more now than perhaps ever, but you will still always get a dealer trying to shirk the responsibility - be that main dealer or 2nd hand dealer. The law covers both, as long as they are a trading company and that is the business they are in.
This is an extract from a guide to the consumer rights act....
Problems with cars bought from dealers
Remember
If you buy a new or used car from a dealer and experience problems with it, you have some statutory rights under the Consumer Rights Act 2015.
The Act states that the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.)
It states that you have a right to reject something faulty, and that you are entitled to a full refund within 30 days of purchase in most cases. After that, you lose the short-term right to reject the goods. You’ll also have fewer rights, such as only being able to ask for a repair or replacement, or a partial refund if this doesn’t work.
In fact, you’re legally allowed to return it up to six years after you bought it (in Scotland, it’s five years after you first realised there was a problem). But it gets more difficult to prove that a fault and not normal wear and tear is the cause of any problem.
How to get things put right
Here’s what to do if you have a problem with a new or used car bought from a dealer:
The point i've underlined, itallic'd and made bold - if its within a decent age, mileage and has history, you can expect a headgasket to last a "satisfactory" amount of time.
The fault may be common - similar to the 2.5 engine head issue with Imprezas. That isn't to say it should be expected to go. Even doing a sniff test at a dealer, subaru themselves took a week to diagnose a headgasket failure. Even then they said it could last 10 minutes, 10 hours or 10,000miles there is no knowing.
The garage you bought the car from should be given the opportunity to provide you a satisfactory outcome - this may include repair, which, if he likes the car he may be happy to take. But that would have to include everything (IMHO) that could need doing with the head - skimming, port, polish, uprated gaskets, bolts, see if any damage was caused internally etc. etc. etc. In my case, the garage refused to do that, and refused (politely argued against) to let me choose who carried out the repair and on that grounds i said no, i wouldn't be happy, i want Peace of mind as a consumer and they then had no choice but to offer a refund.
This is an extract from a guide to the consumer rights act....
Problems with cars bought from dealers
Remember
- contact the dealer as soon as you notice the problem
- try to keep conversations with them as amicable as possible
- but keep a record of all your exchanges and make sure any verbal agreements are put in writing
If you buy a new or used car from a dealer and experience problems with it, you have some statutory rights under the Consumer Rights Act 2015.
The Act states that the car must be “of a satisfactory quality”, “fit for purpose” and “as described”. (For a used car, “satisfactory quality” takes into account the car’s age and mileage.)
It states that you have a right to reject something faulty, and that you are entitled to a full refund within 30 days of purchase in most cases. After that, you lose the short-term right to reject the goods. You’ll also have fewer rights, such as only being able to ask for a repair or replacement, or a partial refund if this doesn’t work.
In fact, you’re legally allowed to return it up to six years after you bought it (in Scotland, it’s five years after you first realised there was a problem). But it gets more difficult to prove that a fault and not normal wear and tear is the cause of any problem.
How to get things put right
Here’s what to do if you have a problem with a new or used car bought from a dealer:
- Contact the dealer as soon as you notice the problem – in person if possible.
- If the dealer offers to fix the problem, make sure you understand any costs involved. Keep a record of your conversations and correspondence, and get all verbal agreements in writing.
- If all else fails, you can reject your car as long as you tried to resolve the issue with the dealer first.
- If you decide to reject the car, you must give the dealer details of your reasons for doing so in writing, and within six months of taking delivery of it.
- If the dealer refuses to accept your rejection of the car, contact the customer relations department of its manufacturer straight away. They may be able to mediate.
- For help making your complaint consider using Resolver.co.uk. The Ombudsman Services said “Resolver.co.uk is a free online service and app that offers consumer advice and simplifies the process of complaining.”
The point i've underlined, itallic'd and made bold - if its within a decent age, mileage and has history, you can expect a headgasket to last a "satisfactory" amount of time.
The fault may be common - similar to the 2.5 engine head issue with Imprezas. That isn't to say it should be expected to go. Even doing a sniff test at a dealer, subaru themselves took a week to diagnose a headgasket failure. Even then they said it could last 10 minutes, 10 hours or 10,000miles there is no knowing.
The garage you bought the car from should be given the opportunity to provide you a satisfactory outcome - this may include repair, which, if he likes the car he may be happy to take. But that would have to include everything (IMHO) that could need doing with the head - skimming, port, polish, uprated gaskets, bolts, see if any damage was caused internally etc. etc. etc. In my case, the garage refused to do that, and refused (politely argued against) to let me choose who carried out the repair and on that grounds i said no, i wouldn't be happy, i want Peace of mind as a consumer and they then had no choice but to offer a refund.
Last edited by stevekoz; 21 December 2016 at 08:13 PM.
21 December 2016, 08:15 PM
#10
Scooby Regular
iTrader: (4)
Join Date: Jun 2009
Location: W / London
Posts: 2,168
Likes: 0
Received 0 Likes
on
0 Posts
If this was a private sale, then yes, you would indeed be correct, but buying from a dealer gives him far greater cover. He's well within his rights to go down the path of taking it back etc.
21 December 2016, 08:24 PM
#11
Scooby Regular
Join Date: Mar 2000
Location: Weston Super Mare, Somerset.
Posts: 14,102
Likes: 0
Received 0 Likes
on
0 Posts
Steve - you mean eligible?? Big difference
OP. Get onto Trading Standards, that is what they are there for.
Dealers have major responsibilities when it comes to faults after a sale which is why you pay more than you would in a private deal. But they will lie and squirm as much as they can to hold onto their profit.
Do not let them get away with it. Keep a record of the facts and ask Trading Standards what you should say in writing to the garage.
Good luck, David
