Rejecting a car – your consumer rights

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

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

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

This new article:

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

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

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

   

Car buyers will benefit from the new Consumer Rights Act 2015

Can you reject your car for any fault you find?

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

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

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

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

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

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

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

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

The Consumer Rights Act allows for 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 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 , 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 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 also need to get written reports from another garage to back up your claim.

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

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

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

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


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Stuart Masson
Stuart Massonhttp://executivecondominium.info/
Stuart is the Editorial Director of our suite of sites: The Executivecondominium, and . 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.

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1127 COMMENTS

  1. 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.

  2. 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

  3. 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 ( 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?

  4. 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

  5. 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 ed 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.

  6. 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

  7. 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.

  8. 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 ed 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.

  9. 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 tl aid the rejections process.

      Harry

    • 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

    • 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.

  10. 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.

  11. 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 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

  12. 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 ed 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.

  13. hello stuart,i purchased a car on 1st december which 2 weeks later developed gear box problems.i then ed 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.

  14. 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 ed 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 ing 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.

  15. 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 ed 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.

  16. 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 ed 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.

  17. 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 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

    • 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.

  18. 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.

  19. 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 ed 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.

  20. 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.

    • 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.

    • 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.

  21. 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.

  22. Hi Stuart,
    I purchased a 2010 peugeot 308, 59k, from a dealer on 18 oct 2018, within 24 hours i had to 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 ed 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.

  23. 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.

  24. 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, 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!

  25. 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.

  26. 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 , 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.

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

      Many thanks.

    • 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 correspondence confirming the problem, this should be very helpful to your case.

  27. 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.

  28. 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

  29. 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.

    • 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.

    • 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.

  30. 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 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

  31. 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 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 ….

  32. 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 I would get all my money I spent to purchase the car back 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?

  33. 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

  34. 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

    • 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

    • 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.

  35. 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 ed 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 ed 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 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

  36. 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 s 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 for car back which has failed).

  37. 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

  38. 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.

  39. 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.

  40. 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.

  41. 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?

  42. 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 ed 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

  43. 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.

  44. 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,

  45. 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.

  46. 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 ing 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.

  47. 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 ed 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 s 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.

  48. 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.

  49. 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 HPI -HPI ed 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.

  50. 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.

  51. 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.

  52. 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.

  53. 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, 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

    • 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.

  54. 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.

  55. 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.

  56. 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.

    • 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 :)

    • 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.

  57. 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

    • 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.

    • 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 ist 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 ;)

  58. 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!

  59. 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.

  60. 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.

  61. 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 ed 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 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.

  62. 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 ed 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 ed 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 ed 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 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 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.

  63. 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 ed him again and he was willing to replace the valve quoting £52 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

    • 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.

    • 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!!

    • .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.

  64. 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.

  65. 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.

    • 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.

    • 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.

  66. 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 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.

  67. 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 s 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 s, 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.

  68. 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.

  69. 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.

  70. 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 s 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.

  71. 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.

  72. 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 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.

  73. 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.

  74. I purchased a car on finance 25th February 2018 two months later the red oil light came on, I ed 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

  75. 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

  76. 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.

  77. 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 ed 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.

  78. 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 ing 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.

    • Welcome to the world of Volkswagen ownership – the company has a history of treating its customers with contempt.

      You will have to keep hassling the dealer, the finance company and Volkswagen HQ in Milton Keynes – daily if necessary – until you get a loan vehicle while your case is being assessed.

    • 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!

    • 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 ed 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!

    • Maybe try a consumer affairs programme like BBC One’s Watchdog – they’re always interested in good Volkswagen stories…

    • Stuart I did 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 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 , 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.

    • 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 ed 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.

  79. 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 ing 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.

  80. 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.

  81. 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.

    • If you are citing the Consumer Rights Act when rejecting the car within the first 30 days, you should be entitled to a full refund.

  82. 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.

  83. 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 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.

  84. 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.

  85. 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.

  86. 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.

  87. 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.

  88. 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.

  89. 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.

  90. 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.

  91. 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…

  92. 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 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.

  93. 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.

  94. 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.

  95. 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.

  96. 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?

    • 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.

    • 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.

  97. 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.

  98. 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.

  99. 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.

  100. 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.

  101. 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.

  102. 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 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.

  103. 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 ed 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.

  104. 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.

  105. 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

  106. 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.

  107. 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.

  108. 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.

  109. 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 ed 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.

  110. 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

    • 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.

    • 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.

  111. 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.

  112. 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.

  113. 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 ed 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 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.

  114. 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.

  115. 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.

  116. That was my next thought, to a solicitor as i have 30-40 s 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.

  117. 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 and didn’t answer the phone and i have numerous s 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.

  118. 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.

  119. 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 ed 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.

  120. Hi Stuart.
    I have ed 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 ed 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.

  121. 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 with photographic evidence. We got an pleasent 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 & 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 , & later that day I got an 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.

  122. 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 ed 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 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!

  123. 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.

  124. 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.

  125. 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.

  126. 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.

  127. 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?

  128. 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

  129. 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

  130. 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.

  131. 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 s 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

  132. 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.

  133. 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.

  134. 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 ed 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.

  135. 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.

  136. 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.

  137. 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 ed 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.

  138. 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.

  139. 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 ed 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.

  140. 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 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.

  141. 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.

  142. 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.

  143. 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 ed 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.

  144. 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.

  145. 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.

  146. 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.

  147. 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.

  148. 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 ed 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….

  149. 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.

  150. 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?

  151. 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 ed 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 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.

    • Hi Akvil. I don’t think you will be able to use the Consumer Rights Act here, as you are using the vehicle for business purposes (advertising).

  152. 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 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.

  153. 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.

  154. 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.

  155. 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?

    • 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’. :(

    • 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.

  156. 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 ed 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 and they are obliged to respect it, or at least formally respond to it.

  157. Hi Stuart, dealer called following my second 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.

  158. 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.

  159. 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.

  160. 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.

    • 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 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.

    • You will need to reject the car to the finance company if it is under a secured finance agreement (like a PCP or HP).

    • 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 ( 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 s of the Act.

  161. 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.

  162. 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

  163. 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…

  164. 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.

  165. 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 ed 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).

  166. 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.

  167. 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 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.

  168. 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.

  169. 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.

  170. 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.

  171. 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 s 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).

  172. Hi Stuart,

    On the back of your response, I didn’t add that I attempted to 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.

  173. 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.

  174. 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.

  175. 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 ed 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. 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.

  176. 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 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).

  177. 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.

  178. 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, 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

  179. 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.

  180. 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 had a part-exchange worth £2K, you will get a £10K refund.

  181. 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.

  182. 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 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 ed 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 ed 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 ( 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.

  183. 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.

  184. 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.

  185. 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 s 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.

  186. 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

    • Yes, you will need to get the finance company’s co-operation if you are rejecting the car (since it’s basically their car).

  187. 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).

  188. 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.

    • Hi Lauren. You said that you bought the car in November 2016, and that the dealer has had it since October 2016. Is that correct?

  189. 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.

  190. 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 Audi UK and the Motor Industry Ombusdman and will involve my lawyer. Following the conversation I ed 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 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.

  191. 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 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 ( is fine) – make sure you find out his/her name and address, rather than a general Dear Sir/Madam 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.

  192. 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 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?

    • Hello Stuart, after many phone calls and s 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.

    • 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.

  193. 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 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 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

    • 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.

  194. 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.

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