Reject a second hand car

[cartroubles]

Hi Guys

 

I bought a '10' plate BMW 3 series from a car supermarket in Hampshire for ~£14000 including a 3 year warranty. I paid by debit card with about £6000 trade in from my old car.

 

After 3 days and just one short journey, having driven the car 12 miles (possibly 14, but I filled it up with petrol as soon as I got it and reset the mileometer) the engine management light came on. I took it back to the dealer.

 

I implicitly gave consent for them to repair the car because I was going away for a few days and didnt need it. They said it would be ready when I got back.

 

After a week, it was still not available. I asked for a refund in writing. Eventually their legal people sent a letter saying I had no grounds to reject the car because I had given consent to repair it already. They replaced all of the fuel injectors.

 

I caved in and went to collect the car - only for it to break down literally as I tried to drive it home. I had to get a policeman to help me push it to the side of the road and wait to be recovered. This time I explicitly said I am rejecting the car. They fixed it anyway, and today called me at 16:51 to say I again have no grounds to reject the car. This time they have replaced the exhaust gas recirculation valve.

 

They wrote another letter saying the egr valve appears to have failed due to natural wear and tear and so doesn't fall under the Sales of Goods Act 1979, so I should come and collect the vehicle.

 

Obviously I don't want to have to take a car sold to me as reliable that has broken down twice in 15 miles.

 

What is my position here?

[rebel11]

Hi cartroubles

 

Welcome to CAG

 

Have a read of the following, you've had the car for a short period, a matter of days. I wouldn't expect such problems shortly after purchase, if they had carried out checks.

 

Post back once you've read the link.

 

http://www.norfolk.gov.uk/view/NCC094699

[cartroubles]

They say that the EGR valve falls under the fair wear and tear exclusion for the sale of goods act.

 

Surely it's unreasonable to say that natural wear and tear is my problem when I'm literally trying to drive the car back to my house from the dealer?

[cartroubles]

From the flowchart:-

 

Has the consumer accepted the vehicle, for example because the ‘reasonable time’ for examining the vehicle has passed?

....Well, I only had it for 3 days and drove it 12 miles before returning it to the dealer the first time (replace the fuel injectors) and didn't even get it home the second time. Not accepted.

.

.

The consumer can choose between the two sets of remedies below:

1 - Full Refund (Rejection): If vehicle has a serious fault, the consumer can request a full refund. Burden of Proof is with the consumer to prove that the fault was present at time of sale

.... What counts as a serious fault? Fuel injectors? Having to replace the EGR valve? How would I prove it was present at time of sale, besides hardly having driven it at all?

[rebel11]

It does sound like they are using 'wear and tear' to prevent you rejecting the car.

 

They say that the EGR valve falls under the fair wear and tear exclusion for the sale of goods act.

 

Surely it's unreasonable to say that natural wear and tear is my problem when I'm literally trying to drive the car back to my house from the dealer?

[cartroubles]

Yes but the wear and tear I put the car through amounts to no more than 15 miles over a few days. Most of which was driving it to and from that garage where I bought it.

 

Surely that isn't reasonable?

[rebel11]

How did you pay? Credit Card? Debit Card?

[cartroubles]

Debit card + trade in

[rebel11]

When you rejected the car, you should have followed up with a rejection letter, sent Recorded Delivery. As they've already acknowledged your rejection of the car and said 'you can't'.

 

Contact your card provider, explain what's happened, explain that the car is with them, all the problems you've had etc. Tell them you want to carry out a Chargeback. Follow up with amended template (scroll down), send it Recorded Delivery to the card provider. Let's see what they say.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

 

 

 

 

 

 

Debit card + trade in

[BankFodder]

You are totally within your rights to reject it. Write to them, tell them why you are rejecting it and demand you money back.

Yell them that you will sue them in 14 days if you don't get it back.

Be as good as your word or don't bother.

[cartroubles]

Can I do a chargeback which includes the value of the trade in?

[heliosuk]

Can the OP state which BMW it is and mileage as often there is a simple fix for these issues if the garage knows about it. Over half the issues that the OFT get about used cars are down to the fact the garage doesn't know how to repair them due to sheer incompetence.

I think in this case, what the garage is doing is trying to shield themselves by using the wear and tear excuse which might have some merits as it is not a new car however as I understand it the guidance is, and remember it is guidance and not law, that they are allowed 3 attempts.

If after the third attempt then they have exhausted all their remedies available to them then go after them but that's the way the system works.

If the industry was regulated there wouldn't be these problems.

[cartroubles]

325i - they can repair it - i think they have already. twice. thing is, i don't really want a car that has already broken down twice when i've only had it 15 miles.

[heliosuk]

So are they telling what the fault is or DTC

[rebel11]

No, you can't include the value of the trade in. You would have to collect your car.

 

The car should have been checked before you purchased it, they couldn't be bothered or didn't want to, only dealing with issues after they sold the car, then their legal department using 'tear & wear' as a barrier to you rejecting the car.

 

Page 11 - Examples of breaches of professional diligence.

 

professional diligence:

 

Obstructing consumers who have

bought vehicles of unsatisfactory quality

from you and are trying to exercise their

contractual rights to redress under the

SoGA – for example if you refuse to

listen to complaints or wrongly tell

consumers that they have no right to

redress (such as to reject the vehicle).

 

 

Can't be 100% sure, but I bet they do that with most of their transactions. This is 'unfair practise' if true.

 

The card provider might ask you to write to the dealer rejecting the car, you could do that anyway. Send it Recorded Delivery.

 

Can I do a chargeback which includes the value of the trade in?