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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have a car under contract hire. Received car in September

Customer Question

I have a car under contract hire. Received car in September 2012. Car has now done 4k miles.

Car broke down on drive on second day of ownership. Dealer took it away, couldn't find any problems.

Broke down again with same fault last week. Dealer took away and changed a long list of things, the salient ones being a rear ECU and the fusebox. Just went to collect car now, and it broke down when they tried to bring it round to me, with the same fault (they sent me away again in the courtesy car).

Can I reject this car and if so how would I go about doing so? Is the company I have the contract hire through required to get me another car of the same specification to replace the current car so that I am not car-less for a while?
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Has it been repaired at all?
Customer: replied 4 years ago.

The first time it broke down, the dealer just ran diagnostics and reset the ECU.


 


This time they have replaced various parts - listed above - new ECU, new fusebox.

Expert:  UK-Justice replied 4 years ago.
So they have repaired it?
Customer: replied 4 years ago.

Sorry I'm not entirely sure what you mean by "repaired". Do you mean, "have they fixed it?" The answer to that is no.


 


They've attempted to repair it, but given that they couldn't actually give it back to me today as it immobilised itself in their car park, I wouldn't say "it has been repaired", or at least - not successfully repaired.

Expert:  UK-Justice replied 4 years ago.
But they have tried to fix it?
Customer: replied 4 years ago.

Yes. It's been in with them twice now.

Expert:  UK-Justice replied 4 years ago.
Thanks.

If you have accepted them trying to fix it twice you can now not reject the car.

This is because you have a limited time in which to reject the goods which is commonly accepted as being 14 days or so.

However if you accept a repair or fix, then your can not then reject the goods.

So once you have a fix or attempted fix then you can't send the car back

As such I am sorry to say you can not now reject the car.

I am sorry that this is not the answer you are looking for but based on the fact you have had a fix, this is the legal position.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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