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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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Do I have a right to reject under the consumer rights act

Customer Question

Do I have a right to reject under the consumer rights act 2015 if the car dealer does not acknowledge electrical faults affecting performance identified by the RAC
Submitted: 5 months ago.
Category: Law
Expert:  Alex J. replied 5 months ago.

Hi. Thank you for your question and welcome. My name is ***** ***** I will assist you. Was the car advertised in good road worthy condition? Did you have an opportunity to inspect it before you bought it?

Customer: replied 5 months ago.
it was advertised in good road worthy condition
I inspected it before buying, but obviously only externally
VW have their 142 inspection tests under their used car warranty scheme
Expert:  Alex J. replied 5 months ago.

Hi thank you. If it was advertised that is was in good road worthy condition - then technically they maybe in breach of the implied condition of the sale of goods act 1979 and the implied term that all goods are of reasonable quality and free of minor defects. The remedy for this is the right to return the goods. Who is the seller is it VW?

Customer: replied 5 months ago.
the seller is VW. The problem is that they don't acknowledge the fault in the first place. Either my experience of 2 incidents which could have resulted in a serious collision or the RAC breakdown diagnostic test which showed 2 faults.
They are saying if it doesn't show on their diagnostic system they cannot do anything about it.
Customer: replied 5 months ago.
Is there an answer to this. I have to negotiate with the dealer today, collect my car and give back the courtesy car
Expert:  Alex J. replied 5 months ago.

Hi, Thank you. On what grounds are the denying the fault? Are they saying it has arisen since you owned the car?

Customer: replied 5 months ago.
No they're are no saying that, I have only had the car since 1st July and the first incident occurred on the way home from collecting the car. They deny the faults because their diagnostic system doesn't show any. The RAC engineer who reported on the car told me at the time that the 2 faults shown on his diagnostic test would show when VW ran the same test. In other words, he wouldn't wipe the screen of the evidence. He also sent a customer assistance report detailing faults shown to my email address, which I have shown to the VW dealership. It was recommended on the report that the temporary repair required a permanent workshop repair at the earliest opportunity.
Customer: replied 5 months ago.
In short the VW dealer is not saying the fault has arisen since I have owned the car. They are denying the fault because their diagnostic tests do not show it.
Customer: replied 5 months ago.
Can you offer me any more on this question?
Expert:  Alex J. replied 5 months ago.

Hi, Thank you. Is the sole remedy you are looking for a return of the car or would you be prepared to accept a repair? If they refuse to accept a return of the car you would have to consider suing them. Did you pay them in cash/bank transfer or by credit card?

Customer: replied 5 months ago.
I would be happy with a repair if they acknowledged the fault and we're able to reassure me something tangible had been done. I paid cash with £1000 on a credit card
Expert:  Alex J. replied 5 months ago.

Hi, Thank you. If you have external evidence from the RAC of the fault, and the seller is in breach of its obligations to you, you could make a S75 claim for a refund from your credit card company. The alternative is you pay for the repair yourself and sue the seller to recover the money. Kind regards AJ

Customer: replied 5 months ago.
Thank you for your help
Kind regards
Clare
Expert:  Alex J. replied 5 months ago.

If I can assist any further please do not hesitate to contact me. I would be most grateful if you would rate my answer in the mean time? Kind regards AJ

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