Can I insist on a repair instead of a refund?
Discussion
Hi all, first post so sorry if I’ve done anything incorrectly. I very recently purchased a new car and absolutely love it, however since then lights have appeared! It has a fault with the emissions (likely just needs the rear lambda sensor replacing) and the ABS light has come on (which could be as simple as cleaning out the sensors). I’m fairly knowledgeable on the Consumer Rights Act in regards to trade sales, however, can I insist on the trader repairing the faults rather than rejecting the vehicle for a refund?
I have asked politely, though he seems to think that as I negotiated him down (prior to faults being known) he doesn’t need to put any more money into the car. Needless to say I won’t be accepting his offer of a ‘one off gesture of goodwill as final settlement’!
Any advice on insisting on repair over refund would be very much appreciated.
Thank you
I have asked politely, though he seems to think that as I negotiated him down (prior to faults being known) he doesn’t need to put any more money into the car. Needless to say I won’t be accepting his offer of a ‘one off gesture of goodwill as final settlement’!
Any advice on insisting on repair over refund would be very much appreciated.
Thank you
If it's anything like my old car, an unscrupulous dealer could clear an emissions fault, only for the warning light to reappear about 70 miles down the road once the ECU had monitored the lamda sensors. I'm not sure if anything like that can be done for ABS sensors.
In any case, as others have said, it might be better to just take the car to another garage for repair. Alternatively, you could try to negotiate a price for the repair with the dealer you bought the car from.
In any case, as others have said, it might be better to just take the car to another garage for repair. Alternatively, you could try to negotiate a price for the repair with the dealer you bought the car from.
Blackpuddin said:
I'm all for bangernomics but OP needs to get real.
I think that’s a bit unfair. I’ve saved up and purchased a car that I’ve wanted for a while. I was told the car was all good and it appeared so upon inspection and being driven. Less than 24 hours later I have two warning lights. Is it really so wrong of me to want these issues resolved?StuTheGrouch said:
What car, how much did you pay and what is the current mileage?
In respect of the law I believe all of this is (and I say this with the greatest of respect) irrelevant. The vehicle is of unsatisfactory quality and was patently not as it was described. I just simply want to know if anyone knows if I can require the trader to repair rather than refund. Blackpuddin said:
Have a look at the terms of the purchase. If there's a warranty with the car and it says it covers you for repairs for three months or whatever then give it a go. Otherwise welcome to the world of 15 year old cars.
No warranty offered by the dealer, and regardless of the rules around warranty, I still have the Consumer Rights Act firmly on my side and thus have the right to reject, which any small claims case would support. I am just after knowing if the law allows for an insistence on repair and not a refund. TomStreet said:
In respect of the law I believe all of this is (and I say this with the greatest of respect) irrelevant. The vehicle is of unsatisfactory quality and was patently not as it was described. I just simply want to know if anyone knows if I can require the trader to repair rather than refund.
You're wrong. Satisfactory is dependent upon age and mileage. You don't get guaranteed problem free motoring because you bought a £500 car from a trader.I doubt you've got any recourse there. These are very minor faults for a 15 year old car to develop and it doesn't seem like they existed at the time you bought it.
As said, you have to get real. You can't expect to buy a 15 year old car and get any issue possible repaired by the seller or be able to reject it.
As said, you have to get real. You can't expect to buy a 15 year old car and get any issue possible repaired by the seller or be able to reject it.
TomStreet said:
In respect of the law I believe all of this is (and I say this with the greatest of respect) irrelevant. The vehicle is of unsatisfactory quality and was patently not as it was described. I just simply want to know if anyone knows if I can require the trader to repair rather than refund.
I think it is relevant, if the cost of repairs is more than the value of the car then it would have a bearing on what would be deemed reasonable behaviour by the garage.TomStreet said:
In respect of the law I believe all of this is (and I say this with the greatest of respect) irrelevant. The vehicle is of unsatisfactory quality and was patently not as it was described. I just simply want to know if anyone knows if I can require the trader to repair rather than refund.
You're mistaken. It's completely relevant. How was it not as described? Unless there's some kind of issue with misrepresenting it, I doubt you can get the trader to repair or refund so I wouldn't worry too much about that
I disagree. If you purchase a vehicle and are told it is in excellent condition however two warning lights appear within 100 miles and 24 hours I think this is unreasonable. It’s a Fiesta ST with just over 100k and I paid £1750 because I was told it was (and appeared to be), in perfect condition.
Also worth noting that the emissions code is now unclearable so clearly has been cleared a few times prior to my purchase. The trader knew about the issue whilst telling me it was in excellent condition with no issues.
In respect of the consumer rights act: Ultimately this was sold to me as a perfect vehicle without any issues, 24 hours later there are two faults. In my view the vehicle is not of satisfactory quality, certainly is not as described, and with an ABS light on it could also potentially be unfit for purpose.
Also worth noting that the emissions code is now unclearable so clearly has been cleared a few times prior to my purchase. The trader knew about the issue whilst telling me it was in excellent condition with no issues.
In respect of the consumer rights act: Ultimately this was sold to me as a perfect vehicle without any issues, 24 hours later there are two faults. In my view the vehicle is not of satisfactory quality, certainly is not as described, and with an ABS light on it could also potentially be unfit for purpose.
Edited by TomStreet on Wednesday 18th November 09:29
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