Legal rights to reject. (1 Viewer)

[TUCANO]

Can someone briefly give me the details regarding the title of this post. As I seem to remember it, can you give a dealer one opportunity to correct a defect and then reject the vehicle if it is not satisfactory within 30 days of purchase.
Thanks for any advice.
Norman.

 

[irnbru]

Oh no! Whats up Norman?

 

[Cheshirecat57]

Can someone briefly give me the details regarding the title of this post. As I seem to remember it, can you give a dealer one opportunity to correct a defect and then reject the vehicle if it is not satisfactory within 30 days of purchase.
Thanks for any advice.
Norman.

Within 30 days you DO NOT have to give the seller ANY opportunity to repair,

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[jongood]

Its not quite as simple as it sounds.

Ive recently had this with a motorcycle. In my case the dealer denied that there was a fault.

The problem is that the onus is on you to prove that whatever it is is faulty.

 

[jdk62]

There does not have got be a fault.... Under the Consumer Act you can return goods for full refund within 30 days.

 

[jongood]

There does not have got be a fault.... Under the Consumer Act you can return goods for full refund within 30 days.

AFAIK for all practical purposes you have to give a reason.
In my case it was a used motorcycle that probably alters things a little.

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[jdk62]

AFAIK for all practical purposes you have to give a reason.
In my case it was a used motorcycle that probably alters things a little.

OK, sorry I thought it was new purchase.

 

[Wh05apk]

We rejected our van after 6 weeks, the dealer was aware of the fault within the 30 days, basically it would have required a full body respray which I was not prepared to accept on a new van.
I think on new within 30 days you can reject with little reason, after 30 days they must be allowed 1 attempt to repair.

 

[TUCANO]

irnbru and all,
In a rush so quick resume, van 3 years old, prior to purchase sales guy left underfloor locker open and then drove the van into a wall.
Externally the repair was first class, picked up the van and drove it home 82 miles. The following day, yesterday, loading up various bits and pieces the locker fell off the rails twice.
If that had happened on the way home, M61, M60, M62
PILOTE 600L, C#'#';#s of Preston.
Just away to drive again

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[TUCANO]

Update, returned van to dealer so that hopefully they can correctly reattach this bottom drawer so it doesn't fall off again. ?

 

[Southdowners]

There does not have got be a fault.... Under the Consumer Act you can return goods for full refund within 30 days.

This is incorrect.

Goods have to be faulty or not as described before you can take them back.

If it were otherwise folk could have a vehicle for a 30 day holiday and then return it!

 

[hilldweller]

Clearly too much weight in there. Remove ramps, EHU and triangle.

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[Ingwe]

Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly.
This right is limited to 30 days from the date you take ownership of your product. After 30 days, you will not be legally entitled to a full refund if your item develops a fault, although some sellers may offer you an extended refund period.
This right to a refund doesn't apply to products you've bought as downloads, though - such as music, games or apps.
You can, however, ask for a digital product to be repaired or replaced if it develops a fault. And if this isn't possible, or is unsuccessful, you have the right to receive a price reduction.

 

[jongood]

This is incorrect.

Goods have to be faulty or not as described before you can take them back.

If it were otherwise folk could have a vehicle for a 30 day holiday and then return it!

This is also my understanding following my conversations with citizens advice.
When I asked the question where does the onus of proof lie, the answer I received was 'with the complainant'

 

[jdk62]

Every days a school day....

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[TUCANO]

Update, l have rejected the van but no one is available !!

Any input to this topic would be appreciated thanks.
Norman.

 

[Cheshirecat57]

Needs to be done in writing ( by a solicitor preferably) but as a minimum by recorded delivery

 

[Ingwe]

The letter does not need to be written by a solicitor and I've attached a photo for you to use as a template. It is important that you don't continue to use the van so that there can be no suggestion that you've accepted it. Continuing to use something that you are rejecting means that it could be deemed you've not really rejected it.
Send the letter recorded delivery to the dealer and KEEP A COPY OF ALL CORRESPONDENCE.
Good luck.

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[TUCANO]

Many thanks for the replies. I left a letter with the company yesterday saying that unless it was repaired, again, to my satisfaction l would reject it as not fit for purpose.
I e-mailed a formal letter today saying that l was rejecting the van completely irrespective of repair, l also spoke to the MD who said that l had already bought the van ?
I told him l was still rejecting it, l drove it to their premises yesterday and it can stay there.
I now want a solicitor who deals in consumer rights ?

 

[Blossom]

Sorry to hear this Norman, hope you get it sorted very soon.

 

[TUCANO]

Same subject but a slightly different issue, should l cancel both my insurance and road tax for this vehicle.
As l have said previously l am rejecting this vehicle and it is back at the dealers.
Thanks for the support here ?

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[Silver-Fox]

You are still the owner, the dealer hasn’t accepted the vehicle back.
IMHO you need to keep insurance on it and the VED.

 

[Southdowners]

I would say that you still need to tax and insure it as you are still the owner of the vehicle. Up until the dealership accepts it back you are responsible.

I’m not sure that just parking it at the dealership is a good idea. You need to settle the dispute first it’s not just a matter of physically returning the vehicle.

I would check with your insurance company as to whether you’re still covered as you’ve, in effect, parked it and left it.

 

[peterc10]

In your post #19 you said you needed to get a solicitor. You really do need to do that urgently rather than relying upon advice givrn on a forum.

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[Southdowners]

Looking through the thread it appears that you left your vehicle with the dealer on Sunday so that they could repair the drawer. You then rejected it the next day. Did you actually give them the opportunity to fix the issue?

If you haven’t allowed the company to rectify the problem then I think you’re unlikely to be able to reject it.

Just out of interest, why do you want to reject it? It seems a relatively minor problem and one which would be easily resolved.

 

[Ingwe]

I'm travelling today so can't help much. But do read this article as it answers a lot of questions.

Rejecting a car – your consumer rights | The Car Expert

The Consumer Rights Act provides buyers the opportunity to reject a new or used car if it is faulty or not fit for purpose. But how does this work in the real world?

www.thecarexpert.co.uk

Best of luck.

 

[TUCANO]

Looking through the thread it appears that you left your vehicle with the dealer on Sunday so that they could repair the drawer. You then rejected it the next day. Did you actually give them the opportunity to fix the issue?

If you haven’t allowed the company to rectify the problem then I think you’re unlikely to be able to reject it.

Just out of interest, why do you want to reject it? It seems a relatively minor problem and one which would be easily resolved.

They have already carried out one rectification, l am not at all confident that the drawer will not detach itself again when moving and with a load inside.
I was unhappy about driving it back to the dealers so my partner carried the locker in her car.
Advice about insurance and tax much appreciated, thanks again.

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[jongood]

They have already carried out one rectification, l am not at all confident that the drawer will not detach itself again when moving and with a load inside.
I was unhappy about driving it back to the dealers so my partner carried the locker in her car.
Advice about insurance and tax much appreciated, thanks again.

I'm with Sundowners on this. AFAIK you don't have to physically return it to reject it and abandoning it on their premises could lead to other issues - what if it gets damaged or stolen etc?

My personal preference is always to find a compromise and you might find the dealer would rather settle it in some way than take on a fight - but if you are past that point then IMO you need legal advice and quick.

Good luck
Jon

 

[Southdowners]

They have already carried out one rectification, l am not at all confident that the drawer will not detach itself again when moving and with a load inside.

Wasn't that repair carried out prior to your purchasing the vehicle? If that's the case then I believe that you need to give them a chance to rectify the problem.

To reject the vehicle has to be unfit for purpose. I doubt that a drawer coming off it's runner comes into that category. See below which was taken from the info Ingwe posted. Motorhomes are obviously far more complicated than cars, so it would be even more unlikely that you will be able to reject solely because of the drawer.

'However, it’s important to remember that motor cars are complicated machines. They have hundreds of thousands of components working under a variety of hostile conditions. Not every fault in a vehicle is going to mean you can simply give the car back and expect a full refund. This particularly applies to used cars, which have already been used and abused by someone else before you.

In short, a car with a fault is not necessarily a faulty car.'


When you left your vehicle at the dealership you did so as you were in agreement with them to carry out a repair. You then changed your mind.

I would think that the dealership will carry out the repair then call you to collect. I expect that failure on your part to collect will result in storage charges.

 

[TUCANO]

Wasn't that repair carried out prior to your purchasing the vehicle? If that's the case then I believe that you need to give them a chance to rectify the problem.

To reject the vehicle has to be unfit for purpose. I doubt that a drawer coming off it's runner comes into that category. See below which was taken from the info Ingwe posted. Motorhomes are obviously far more complicated than cars, so it would be even more unlikely that you will be able to reject solely because of the drawer.

'However, it’s important to remember that motor cars are complicated machines. They have hundreds of thousands of components working under a variety of hostile conditions. Not every fault in a vehicle is going to mean you can simply give the car back and expect a full refund. This particularly applies to used cars, which have already been used and abused by someone else before you.

In short, a car with a fault is not necessarily a faulty car.'


When you left your vehicle at the dealership you did so as you were in agreement with them to carry out a repair. You then changed your mind.

I would think that the dealership will carry out the repair then call you to collect. I expect that failure on your part to collect will result in storage charges.

I had given them a deposit and then they attempted the repair.
I agree that a drawer coming off a runner, if it was an internal cupboard drawer, would not be enough to reject a vehicle however, this external locker detaching again and possibly whilst driving is somewhat more dangerous ? l would NEVER feel happy driving this van.

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