30 Day used car return rule

mollymoo

mollymoo

mollymoo

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Hi

I bought a car from a used car dealer about 28 days ago and it has developed a fault.

It started running rough, misfiring and stuttering under load on Sunday, this continued yesterday and today it was misfiring a lot whilst sat outside school and there was a strange squealing coming from the glove box area. After dropping off my daughter I set off for work and the car wouldn't go above 25 miles per hour and the amber EML was flashing. I limped into work and booked it in to my mechanic.

Yesterday I reported this to the dealer, that was day 28. I sent an e-mail and followed up with a text, he then rang and agreed to pay for repairs. Today I updated him with the new problems and asked for him to reply by text rather than phone calls so I have the conversation recorded on my phone.

I have been reading up on my rights to refuse the car within 30 days if it isn't fit for purpose.

My questions would be:

1. Would you class this type of fault as unfit for purpose?
2. Would the fact that I have the conversation recorded on my phone in the form of texts be substantial documentation?
3. Would the fact that I alerted the dealer of this issue by text after 28 days be enough to still implement the 30 day rule even if any failure to repair takes me over the 30 days?
4. Do I actually have to attempt repair or let him attempt repair or can I just return it unrepaired as I have lost faith in the vehicle?
5. If it does get repaired and then the repair fails again 6 months later, can I still refuse the car and get my money back?

That's all I can think of for now, if anyone can help it would be great as I need to get this sorted and I can't afford to write this off at the moment.
 
Why is it not fit for purpose? it's just faulty. Why do you think it's not fit for purpose?
 
Its unfit for purpose yes.

The issue is that you really need the dealer to accept the car back and give a refund, something most wont do without a fight unfortunately.

It could be a simple issue though so if you like the car the right thing to do is let them rectify the issues.
 
So, are you saying that after the initial comms, the car developed further problems?
If he offers topay for repairs to put you back into a position you were in prior to the faults, what is the issue?
 
You have to afford the dealer a chance to rectify the problems, you can’t just go in guns blazing wanting a refund.
 
Fitness for purpose and faulty are not the same thing. A product that is not fit for purpose is one that by design intention or flaw cannot complete a task that it is specifically made to do. In this case your vehicle simply needs repaired. Within 30 days you have the right to a full refund. If you have previously had the vehicle repaired and another fault has appeared then you can give them the option to repair it or request a refund at this stage.
 
Did you buy the car or leave any part of the deposit on credit card?

[TW]Fox said:
Is it? I didn't think fitness for purpose covered faults?
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Well the purpose of the car is for it to be driven.If it's broken then it can't be driven.

There is also the clause of it being as described. If the car was described as running well then I believe the 30 right to reject comes into play.

It also depends how much it costs to rectify.

There are lots of variables at play here.

I'm no solicitor but I think the phone conversation should stand up in court. The cost of repair and purchase price and age of car comes into it too.

To be honest if you take the dealer to court and they don't want to pay there are many ways they can get out of it. If the car is worth over £5-6k then you can apply for insolvency but even then they can just shut down and start again I think. Not to mention the case will probably take the best part of a year, if not more.

It's a bit of a minefield.

If you spend some time googling most of your questions can be answered as I did similar a while back but I don't have all the answers to hand.
 
sigma said:
Well the purpose of the car is for it to be driven.If it's broken then it can't be driven.
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I don't think this is what is meant by 'Fitness for purpose' in the legal sense though.

If the salesman had told him the car would tow a caravan and it turned out it wouldn't then this is 'not fit for purpose'.
 
[TW]Fox said:
I don't think this is what is meant by 'Fitness for purpose' in the legal sense though.

If the salesman had told him the car would tow a caravan and it turned out it wouldn't then this is 'not fit for purpose'.
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Looking into it, it has to meet these criteria

Products must be:

  • Of satisfactory quality
  • Fit for purpose, and
  • As described
I'm happy to give him a chance to repair it but if it's a big problem then I'm more inclined to refuse the car.
 
mollymoo said:
Because today it wouldn't go over 25 miles an hour, surely a car should be capable of more than that.



No I didn't leave a deposit on the credit card.
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Shame about the credit card, I learned that I need to use one in the future.

Have a read of the thread I started a while back.

Don't think I'll ever buy from a dealer again unless it's a main dealer.
 
sigma said:
https://www.thecarexpert.co.uk/rejecting-a-car/2/
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From your own link

Cosmetic issues or minor faults that can be easily repaired are not enough to trigger your right to reject the vehicle. These sorts of issues should be dealt with under warranty, if you have one.
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You can't just go in guns blazing rejecting a car within 30 days simply because it develops a fault, no matter how serious the fault may present. Ultimately a fault could render the car undrivable but it could be easy to repair within a matter of hours for a trained engineer putting the car back to it's completley fit for purpose and working state.

If the seller can't fix the car in a reasonable time frame, then you can start the process of rejecting it, but it's perfectly reasonable for the seller to expect a chance to put the fault right in the first instance.
 
BinnsY said:
You can't just go in guns blazing rejecting a car within 30 days simply because it develops a fault, no matter how serious the fault may present.
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Firstly, if you read all of my posts I have stated that there are many variables.

Secondly, if the fault is diagnosed to be a serious issue then it can be rejected because it was apparent within 30 days.
 
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BinnsY said:
From your own link



You can't just go in guns blazing rejecting a car within 30 days simply because it develops a fault, no matter how serious the fault may present. Ultimately a fault could render the car undrivable but it could be easy to repair within a matter of hours for a trained engineer putting the car back to it's completley fit for purpose and working state.

If the seller can't fix the car in a reasonable time frame, then you can start the process of rejecting it, but it's perfectly reasonable for the seller to expect a chance to put the fault right in the first instance.
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https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

I can still ask for a full refund, the car is unusable as it stands and I don't have any confidence left in it, I will however let my mechanic have a look and see what he thinks.
 
mollymoo said:
https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

I can still ask for a full refund, the car is unusable as it stands and I don't have any confidence left in it, I will however let my mechanic have a look and see what he thinks.
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Yes, if the cost of repair isn't massive then I'd consider just getting it fixed.

If it's a major problem then just be prepared for the case to be a tough one, these dealers don't give in easily and they're well versed in the legal system. Even bailiffs/high court enforcers are not guaranteed to get you your £££ back.

Court fees are approx £300 and you'll possibly want legal advice which can be as much as £100 for 30 mins.
 
mollymoo said:
https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

I can still ask for a full refund, the car is unusable as it stands and I don't have any confidence left in it, I will however let my mechanic have a look and see what he thinks.
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You 100% have the right to reject within 30 days however the judge will obviously check for reasonableness etc. It's not always clear cut. As I said, even if it is clear cut it's still not guaranteed that you'll get your ££ back.
 
You'll also need proof of diagnosis of the fault, get it in writing as it'll form part of your evidence along with quotes for repair.

Having the texts messages pre-28 days is a good thing but you need to get diagnosis ASAP.
 
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