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New car packed in after 3 days. Do I have any rights to just reject it?

16 replies

trixymalixy · 01/11/2010 20:26

Picked up our brand new car on Thursday. On Sunday night I got in it and it wouldn't start. They took it away this morning and it looks like a software/ computer problem and they have to replace some unit.

I don't think I want it any more. Can I just return it because it has packed in after 3 days?

What rights do I have?

OP posts:
trixymalixy · 01/11/2010 20:43

Bump

OP posts:
LucindaCarlisle · 01/11/2010 21:16

Ask them for a brand new replacement.

trixymalixy · 01/11/2010 21:22

That's what I would like to do, and what I would ask for if it was a DVD player or a telly.

Are they not allowed to repair it or something?

OP posts:
LucindaCarlisle · 01/11/2010 21:33

Is it a big Main dealer? What sort of warranty has it got on it?

Ask them nicely and see what their reaction is. How long do they say it will take to fix it?

OldLadyKnowsNothing · 01/11/2010 21:46

Sounds to me as if it's not of merchantable quality and unfit for purpose. Ask for your money back.

I'd never trust a car again if it let me down so soon into our relationship. And I don't buy brand new.

trixymalixy · 01/11/2010 21:58

Brand new, from main dealer with a three year warranty.

They came out to look at it this morning and said it was either a software or hardware problem. They took it back to the dealer but couldn't actually get the damn thing open to find out exactly what's wrong with it or tell us how long it will take.

I just feel quite miserable about the whole thing as we normally don't buy brand new either. This was a big purchase for us and it looks like we've got a lemon and I just want them to take it back and give me my money back.

OP posts:
OldLadyKnowsNothing · 01/11/2010 22:05

Check with Trading Standards in the morning, but I'm fairly sure you're entitled to your money back. Sorry it's tarnished your "new car" experience. :(

trixymalixy · 01/11/2010 22:19

Thanks both of you. Will try trading standards.

OP posts:
edam · 01/11/2010 22:24

here's the central trading standards public contact point. Sadly government are going to abolish it so get in quick before it disappears!

PortoFangO · 01/11/2010 22:29

They should certainly fix it, and offer a pool car in replacement until this is done. I don't think you can just send it back.

OldLadyKnowsNothing · 01/11/2010 22:40

I'm not certain - which is why I said check with Trading Standards - but I think if you let them fix it, you lose the right to reject it as unfit for purpose if it breaks down again. Then they fix it again, and it breaks down again, and that goes on for three years until the warranty runs out...

If it's fixable, they can fix it and flog it to someone else. Of course, they won't get "new car" money for it, which is why they'll be reluctant to give OP her money back.

If your loaf of bread has a mouse in it, you get your money back. If your telly breaks down on day 3, you get your money back. I don't see why it should be any different with an expensive item like a brand new car.

LucindaCarlisle · 01/11/2010 22:45

In that case, the OP must type out a letter of Rejection and deliver it to them tomorrow morning.

canyou · 01/11/2010 23:31

I bought a new car a few years ago [about5 yrs ago] with in a week the 'brain' of the car died. It was replaced and we had no further problems and we had the full 3 year warranty and car value was unaffected,
We did ask for a different car but unfortunately we were told this was not an option. It was a Seat main dealer.

prh47bridge · 02/11/2010 17:47

You have the right to reject the car provided you do so within a reasonable time. The law does not specify what is meant by "reasonable time". You also have the right to request a repair or replacement, although the dealer is entitled to refuse those if they would prefer to give you back your money.

You do NOT lose your right to reject the car if you allow them to fix it. You can still reject it if the repair proves to be unsatisfactory or other serious faults emerge.

Edam - The Consumer Direct helpline is NOT being abolished but it is changing. It will be run by the CAB rather than the OFT.

trixymalixy · 02/11/2010 18:28

Trading standards helped us to draft a letter reserving our right to reject if we allow them to fix it.

Dh thinks I want to reject because I am having cold feet about buying a new car more than anything and I think he's right, so we're going to give them a chance to fix it.

Plus dh has been reading stuff online about how hard it is to reject cars as the car companies will fight it all the way and take you through the courts.

OP posts:
Danthe4th · 02/11/2010 18:36

If you allow them to repair the car it can affect the resale value if you decide to sell later on.
This article is quite useful www.consumerrightsexpert.co.uk/BuyingANewCarYourRights.html

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