Rejecting a car questions

tom_e

tom_e

tom_e

Man of Honour
Joined
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Location
Shropshire
If anyone's read my electric car thread you'll see I've had some issues with the one I bought. Namely it will not AC charge therefore no home/office/cheap charging but will DC charge.

I picked up the car on the 16th June. Emailed the dealer about the problems on the 20th June after I'd tested at various public chargers/granny lead/etc just to rule out it being a charger issue.

Their service dept called me that morning but I missed the call, got to speak to them that afternoon.

As they aren't an MG dealer they said they'd have to call and discuss with them and they'd get back to me later than Friday or on the Monday. Heard nothing so called them on Tuesday 24th, they said earliest MG could do was W/C 19th July.

I said I needed to consider waiting for MG to look at it (could then still be multiple weeks waiting for it to finally be fixed) or reject the car as it's costing me a fortune to charge at rapid chargers.

Service guy said I'd need to speak to the sales manager to discuss a loan car or rejecting the car.

From last Wednesday 25th I've made multiple calls/left multiple messages as the guy always seemed to be busy and heard nothing.

Friday 27th I'd had enough so drove 3 hours after work to actually speak to someone in person. Manager still didn't leave his office but I spoke to one of the sales guys and we discussed a loan car and trying to get it in with MG again (they couldn't give me an exact date one would be available but said they'd call me yesterday when they knew)

After thinking about it over the weekend I decided I'd rather just reject under the CRA 2015 as it's a significant fault. Again tried to call the manager a couple of times yesterday to let him know and got fobbed off with "I'll give him the message".

Finally he made the mistake of answering when I called this morning, told him I want to reject for a full refund. Emailed him it in writing and he's now trying to say they can bill me £500 for mileage used.

As I'm rejecting due to a significant fault they can't charge for mileage can they? Everything I'm reading online says no but he's insistent they can.

TL;DR rejecting car under the consumer rights act within 30 days due to significant issue and dealer is trying to charge me for usage yes or no?
 
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What makes you think you will get remotely good advice here? Go get some actual consumer legal advice, some of which is free. ;)

Having said that here is my completely amateur take on this…

As far them charging you for using it, yes they can charge you as it impacts their resale value BUT ONLY after 30 days. You are within this period so it does not apply, tell this clown of a manager this and that you will see him in court if he wishes.

Record your subsequent conversations and tell him he is being recorded. He is being a dick, don’t trust him.
 
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tom_e said:
If anyone's read my electric car thread you'll see I've had some issues with the one I bought. Namely it will not AC charge therefore no home/office/cheap charging but will DC charge.

I picked up the car on the 16th June. Emailed the dealer about the problems on the 20th June after I'd tested at various public chargers/granny lead/etc just to rule out it being a charger issue.

Their service dept called me that morning but I missed the call, got to speak to them that afternoon.

As they aren't an MG dealer they said they'd have to call and discuss with them and they'd get back to me later than Friday or on the Monday. Heard nothing so called them on Tuesday 24th, they said earliest MG could do was W/C 19th July.

I said I needed to consider waiting for MG to look at it (could then still be multiple weeks waiting for it to finally be fixed) or reject the car as it's costing me a fortune to charge at rapid chargers.

Service guy said I'd need to speak to the sales manager to discuss a loan car or rejecting the car.

From last Wednesday 25th I've made multiple calls/left multiple messages as the guy always seemed to be busy and heard nothing.

Friday 27th I'd had enough so drove 3 hours after work to actually speak to someone in person. Manager still didn't leave his office but I spoke to one of the sales guys and we discussed a loan car and trying to get it in with MG again (they couldn't give me an exact date one would be available but said they'd call me yesterday when they knew)

After thinking about it over the weekend I decided I'd rather just reject under the CRA 2015 as it's a significant fault. Again tried to call the manager a couple of times yesterday to let him know and got fobbed off with "I'll give him the message".

Finally he made the mistake of answering when I called this morning, told him I want to reject for a full refund. Emailed him it in writing and he's now trying to say they can bill me £500 for mileage used.

As I'm rejecting due to a significant fault they can't charge for mileage can they? Everything I'm reading online says no but he's insistent they can.

TL;DR rejecting car under the consumer rights act within 30 days due to significant issue and dealer is trying to charge me for usage yes or no?
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Tbh...
Depending on the value of the car, id take the £500 loss and then move on.
Or fight it after.
 
radderfire said:
they can't charge you
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ICDP said:
What makes you think you will get remotely good advice here?
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Seriously?
 
I've trawled CAB, Motor ombudsman and the CRA itself.

The only time CRA mentions reductions is under the final right to reject section with a specific mention of motor vehicles and fair usage. The short term right to reject section mentions a full refund with no specific mention of motor vehicles.
 
I assume this is a new car? I also assume that it should be able to charge via AC and is therefore faulty. Yes within 30 days you can reject the car due to a serious fault and get a 100% refund.

What are a consumer’s legal rights when buying a car?

Your exact legal rights when buying a car will depend on when you bought it. Click here to find out more information
www.themotorombudsman.org www.themotorombudsman.org

Under the Consumer Rights Act 2015, you have a short term right to reject your car if it is of unsatisfactory quality, unfit for purpose or not as described. You can get a full refund. However, you should remember that this right is short-term and is only limited to 30 days from the date you bought your car.
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EDIT: If it were me I would email them and then follow up with a recorded delivery letter, stating you are rejecting the car and are entitled to a full refund. After you send the letter you can then start arguing if they say no. But you will have got your letter in before the 30 days.
 
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Hades said:
I assume this is a new car? I also assume that it should be able to charge via AC and is therefore faulty. Yes within 30 days you can reject the car due to a serious fault and get a 100% refund.

What are a consumer’s legal rights when buying a car?

Your exact legal rights when buying a car will depend on when you bought it. Click here to find out more information
www.themotorombudsman.org www.themotorombudsman.org
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Used car but only 18 months/6k miles old so still "newish"
 
tom_e said:
I've trawled CAB, Motor ombudsman and the CRA itself.

The only time CRA mentions reductions is under the final right to reject section with a specific mention of motor vehicles and fair usage. The short term right to reject section mentions a full refund with no specific mention of motor vehicles.
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While this is correct in your case down to there being defects and or not as described/fit for purpose. It does not apply to people simply changing their mind.
 
All Comms involving the rejection are being carried out over email so it's all in writing.

I've just gone back to him listing the specific CRA sections stating a full refund within 30 days and it's not overridden until the section discussing final right to reject where motor vehicles can then have a deduction for use.
 
My understanding is as yours - partial deductions for 'fair use' are only applicable if exercising final right to reject after 30 days, within 30 days short term right to reject it should be a full refund regardless.
 
ask if they were planning to use the 500 quid towards buying and fit a new onboard ac charger

the thing that converts AC to DC and is bypassed if you charge with DC

google suggests they can cost as much as 3k for mg

wonder what the odds of them not being aware of the fault when they sold it were. probably slim right
 
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Semple said:
Remember to leave a bad review too, they normally pick up on these things.
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As soon as the refund hits my account reviews will be everywhere.

The thing is I'll be whacking 1k+ miles on their loan car so he's looking at this completely the wrong way.

Also even with the added 800 miles it's one of if not the lowest milage examples currently up for sale. It won't "cost" them anything to fix as it's still under MG warranty. I personally just can no longer be bothered with the waiting and back and forth or indeed dealing with this ****end.

I've not pointed it out to him yet but I also paid the £200 deposit by CC and I can't see them ruling against a charge back considering I've got all this rubbish in writing along with a list of call logs of me trying to contact him to resolve it over the last week.
 
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Boss had a similar fault on his used iPace purchase. Took 6 weeks to resolve but after a week in an A class they put him in an iX so he was a happy bunny.
 
They want £500 for 800 miles?

If it was a reasonable amount, say < £50 then I'd be tempted to agree just for the sake of a quick resolution, but 60p/mile?

The polite version of my response would be "haha, good one, see you in court" (the not so polite one would be 2 words, second one "off").

Edit: actually no, £500 sounds reasonable, they can take that off what they owe you for:

A) The extra it's been costing you to charge
B) Your time resolving this, £200/day or part thereof seems reasonable
 
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