Car (new to me but used) develops fault within 300 miles

[WhiteWineAndMagnums]

Hi, I bought a 4 year old car with 40k miles on the clock a few weeks ago. Less than 300 miles after collecting it, it comes up with a fault (intermittent but appears on every journey). The error says to drive moderately but continue journey and seek dealer assistance.

I'm obviously nervous about the car's quality and would like to reject the car, however dealership say as it wasn't evident on purchase I am not able to reject it. They have offered to take a look at it and lend me a car whilst they do that.

Please could someone tell me what my rights are if they fail to fix it first time?

I've been through this recently myself. You are entitled to reject the car, but if the dealer refuses then you could have a battle on your hands.
How did you pay for it?

I would ring Trading Standards in the morning and get their precise advice so that you can say ‘TS says I can reject it and I am doing so...’ or whatever following the advice given - to make them realise you are serious and that they will be in trouble if they don’t comply.

Also do you have legal insurance? On your home or motor insurance, through work or union membership etc etc? Would be a good idea to contact them too.

Apparently I can't reject it as the fault wasn't evident on collection (which I agree it wasn't), which is legally correct as far as I can tell from google. However, I still wouldn't expect it within 300 miles of driving.

I've agreed they can try and fix it but if this doesn't work - and I'm concerned it will won't as it's intermittent- what are my rights?

It is up to them to prove the fault wasn't there at the time of purchase.
If you paid by credit card or car finance you can raise a dispute with them.
Trading Standards were of no use at all in my case.

Apparently I can't reject it as the fault wasn't evident on collection

That is not what the law says. You are entitled to reject the car and receive a full refund. Whether or not the fault was evident on collection is irrelevant. The question is whether the fault was present at the time of purchase. As you've only had the car a short time, it is up to them to prove their case if they want to argue that it wasn't faulty when you purchased it.

As you've agreed to let them try and fix it, if the fix fails you can exercise what is known as the "final right to reject" and reject the car. They will probably try to tell you that you aren't entitled to reject it. If they do, stand your ground. The law is on your side.

Are they members of a trade body of some sort? If they are, might be worth reporting them for telling you false information about your rights. And also reporting to trading standards.

Thanks for the replies.

This is what they say:

The option of rejecting the vehicle at this time is not an option through the Consumer rights act 2015. The act states that if the fault was not present at point of sale, rejecting the car is not an option. As clearly stated the fault only appeared after 250 miles.

I have argued that it is likely to have been there, just it may not have been evident at the point of sale.

They are wrong about your rights, although this seems to be common amongst dealers. Not long ago someone on here contacted me via PM over a used car case where the dealer claimed to have advice from a QC. They were clearly making it up as the claimed "advice" was completely wrong.

Setting out the law on rejecting a used car in full...

For the first 30 days after you buy a used car you have the short-term right to reject. If a fault emerges during this time it is assumed to have been present at the time of purchase, even if it was not evident. You don't have to prove this. It is up to the dealer to prove it if they want to argue that the fault occurred after purchase. Note, however, that you do not have any rights if:

• you were told about the fault and it was explained to you properly
• you inspected the vehicle and should have seen the fault
• the fault is normal for the car's age and mileage

If it is more than 30 days since you purchased the car you no longer have the short-term right to reject but you can insist on a repair.

If the repair doesn't fix the problem or another fault develops following the repair you can reject it. This is known as the "final right to reject". In this case the garage can reduce the amount of the refund to reflect the use you've had of the car.

@prh47bridge thank you! What is the source of that full info please (so I can share with them)?

The law! But if you want something else, take a look at www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights or www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

@prh47bridge

Thank you - I've had a look online including on that link but it is less clear than the wording in your pp - I'm after something I can quote to them that includes the part where it says something to the effect that if it's within the 30 days it can be assumed that the fault was there already. Do you happen to have anything please?

Rather than trying to convince them what the law says (they probably won't accept it anyway in my experience, no matter how authoritative the source), I would suggest you send a letter before action giving them a deadline to refund your money and stating that you will take legal action if they fail to do so. You may also want to mention trading standards.

If you're rejecting the car are you also aware you need to remove it from the road?

How did you get on with your car issue. My son is experiencing something very similar at the moment and the process is excrutiating slow and stressful.