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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78592
Experience:  Qualified Solicitor
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What are my sons rights to reject a car that has been back

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What are my sons rights to reject a car that has been back to the supplying garage with the same fault 6/7 times over a period of 6 months.
JA: Where are they? It matters because laws vary by location.
Customer: Derbyshire
JA: What steps have they taken so far?
Customer: As far as I'm aware obviously my son has more details but they have not rectified a fault that my son told them about 2 days after taking delivery of the car although as I say they've had it back 6/7 times and have got the car at the moment but are pressurising my son to have it back still with the fault but at a discounted price
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Probably lots,but I will just add that my son has offered,if that's the correct phrase,to buy another car off them to the same or slightly greater value.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.

I understand you are wanting to know whether your son can reject a car that has a recurring fault over a period of 6 months and that was first reported to the dealer 2 days after purchase. Has your son actually requested his money back at all, and if so when did he do this?

Customer: replied 6 days ago.
Hi.my son has told the garage that he would like his money back or he would quite willingly have another car off them of the same value,purchase price,or slightly higher.

Thank you and did he receive any response to this request?

Customer: replied 6 days ago.
Mr Jones can I firstly apologies for the fact that I'm not brilliant with modern technology.
My son rang me about an hour ago and from the conversation we had I presume they are putting pressure on him to have the car back,they've had it for the last4/5 weeks this time,still with the same fault but they have offered to give him money off.

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 6 days ago.
Thank you.
I look forward to your reply.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

When a private consumer buys a vehicle from a dealer, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If the vehicle does not meet any the above requirements, the buyer will have certain legal remedies against the seller. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the vehicle does not meet any of the above criteria, the consumer’s rights against the seller are:

1. Reject the vehicle and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the vehicle can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the vehicle, they can ask for a price reduction, based on what is wrong with it. That is something to be negotiated with the seller.

In the event that a refund is issued, the seller is legally able to deduct an amount to reflect the usage costs incurred whilst the vehicle was in the buyer’s possession, such as the extra mileage on the car. Any amount deducted for that must be reasonable and fair.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the vehicle, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.gov.uk/make-money-claim

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 5 days ago.
Thank you so much for your time and advice,I have spoken with my son and he is considering his options.

You are most welcome and all the best.