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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I drive a renault capture which has been returned to the

Customer Question

I drive a renault capture which has been returned to the dealers on 8 occasions . It is in at the moment 3rd repair to my wipers which once again stopped working. Renault do not have a repair problem and I am advised by the managing director of renault that they are working on it. I am told if I put my wipers on a certain setting they will work until they are able to sort a fix . I have told renault that I do not want to drive a car that is unreliable and that cannot be fixed . I bought the car with numerous wipers settings and am being told to drive it with only 1 with no guarantee it will be reliable. I carry my 9 month old
grand daughter in my car and now feel unable to do so reasons. I feel that I am being asked to drive a car that no longer has the spec I bought it with and Renault have no repair . I am refusing at present to have the car back . What else can I do ? I paid £18000 car and I'm disgusted by renaults lack of customer care and safety of a vehicle. When my wipers broke 2 nd time I was driving at 60 mph and was unable to slow or pull over immediately. On going to the dealership I was told they stopped because Renault had fitted a faulty part . Now they are broken again and I'm supposed to accept their mand and make do tactic . I'm furious at their lack of care and safety .
Pam hull
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today. When did you purchase the car?

JACUSTOMER-fcuwfaln- : Nov 2013
Ben Jones :

When did you initially start having the problems?

JACUSTOMER-fcuwfaln- : Jan2014
Ben Jones :

when did you tell them you do not wish to have the car back?

JACUSTOMER-fcuwfaln- : After it broke down again this time . Apparently the managing director has said I cannot reject the car ! I realise there is a 6 month window but feel something should be done now it's in 8 th time. They have had the car week but made no repair to it . I asked sat nav to be updated while it was in . Yesterday they tried to return the car to me and hadn't done the update so I refused to have it back. I rang this morning and I'm now being told they are having trouble with the update .
Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit . If they are not, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods are not as described, of satisfactory quality or fit , you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask repair or replacement – if you are too late to reject the goods, you can ask the seller repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

As you appear to be too late to reject the goods, you can still try and resolve this by asking repair or replacement. If the repair appears not to be a satisfactory outcome then you may try and push replacement vehicle, perhaps something of a similar specification and value. In terms of taking this further you only have a couple of options after that – one is the county court compensation, or before that you may wish to involve Trading Standards. Sometimes exerting some pressure and threatening legal action could work so again you may wish to try that first before moving to the above options.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks

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