Rejecting a used car? Advice...

[MrBrightside]

Some advice needed is anyone has been down this route...sorry to bore just need to firm some stuff up before we go today...

The other half bought a 2015 Kuga Titanium 2 months back from an independent dealer (proper forecourt etc). Since then she's had no end of trouble with it, all for the same problem. Car going into limp mode, hill start assist fault, traction and abs lights coming on.

It's been back to the main dealer 5 times now, not fixed. These were:

1 - update software. No fix.

2 - adjust turbo values (sounds like bullsh*t). No fix.

3 - new turbo. No fix.

4 - Callibrate variable vane system. No fix.

5 - turbo control valve, no fix.

So we are rejecting it today. The trader knows this and is trying everything to deter us, obviously we are still rejecting it. She has only covered around 400 miles in it, and for the 2 months we've had it, we've only been in possession of it 50% of the time, the other times it's been sat with ford.

So she paid £14k for it, is she fully entitled to a full refund or partial refund? And any compensation for time taken back and forward to dealers, fuel, time off work etc?

Thanks...

Just wanted a quick answer before we go up, guns blazing...

[JRH]

Quick google throws this up (extract)

Final right to reject – the first six months

If you have had the car for more than 30 days but less than six months, you have to give the selling dealer one attempt to fix the fault before moving to reject the vehicle. If the repair has not fixed the fault, you can reject the vehicle.

If you part-exchanged your old car on the new one, you will not get it back. Instead, you will get a cash value for the new car. However, unlike the short-term right to reject, it may not be the full value.

In this instance, the dealer is able to claim a reduction in the value of the vehicle. This is based on the mileage covered and time elapsed. There is no guidance on how much they can charge you, so be prepared to negotiate this with the dealer. If it goes to court, the judge will decide.

As above, it is the dealer’s obligation to collect the vehicle under the Act. You cannot be charged for return costs or be forced to return the vehicle yourself.

Full story

http://www.thecarexpert.co.uk/rejecting-a-car/

Seem no compensation for additional costs.

HTH

[MrBrightside]

Thanks John...I'll just wait and see what dealer says then. I'm gunning for full refund as this has been a right F about from start to finish...and she's done hardly any miles in it.

[JRH]

Hope it goes well for you both.

[TC1474]

Hi Martin. I went down this route with my SiL when he bought a second hand Focus and the dealer ripped him off.

I did all the research legally and spoke to a colleague and how it works is, If he fails to accept you rejecting the vehicle,

1. You must give the dealer a opportunity to repair the vehicle to a standard that is acceptable to you. In this case, 5 opportunities is more than reasonable.

2. If the dealer fails to repair to a satisfactory standard, then he must be given the opportunity to replace with a like for like vehicle.

3. If he fails to offer a suitable replacement, then you are entitled to reject the vehicle and be given a full refund.

So it is

Repair

Replace

Refund in that order

Once these options have been exhausted, then proceedings can be issued and strict liability means that the judge will find against the dealer and the cost of you issuing proceedings wll be refunded.

In the case of my SiL he actualy had to get the High Court Sherrifs involved (which is another story) but the law is on your side as the court will deem that the the problem was there when they sold you the vehicle and as a lay person you are entitled to expect the vehicle to be of merchantable and road worthy quality.

Documentary evidence is all important in these cases.

Good luck

[MrBrightside]

Thanks...

They can't offer another Kuga with similar mileage, year and spec. So it'll have to be refund time...will be interesting. We have a loan car off them at the mo. We have typed up a formal letter of rejection and as soon as the GF gets home we are dropping the loan car and all Kuga paperwork (apart from receipt etc) up to them. Not gonna leave their showroom until I'm completely happy.

[Hoggs]

sounds a pain in the arse Mr B hope you get a speedy resolution (and all your cash back!)

[Tankbag]

How did it go ?

[Mawsley]

How did it go ?

 

100/1 He got a straight swap

50/1 He got a full refund

33/1 He got a partial refund

2/1 Brightside is still manning his one-person occupation of their showroom (albeit now behind some hastily erected screens)

[MrBrightside]

Lol thanks as always Mawsley...and your right on one

Full refund, no quibble. Did really put pressure on the gf to get another from their stock which was getting on my tits, but it's sorted, thanks chaps

[Joeman]

With no blood loss?? Good result

[The Hitcher]

Is she dead set on another Kuga?, if not I’d honestly look at the Rav 4.

[Tango]

Good result, Mr B........

[Mawsley]

Nice result. Stuff never pans out that way when it’s me, there’s always a long war or I capitulate.

[MrBrightside]

Is she dead set on another Kuga?, if not I’d honestly look at the Rav 4.

 

No she won't touch Ford again, like I won't touch Vauxhall again. Their after sales are both shite. Seems like main dealer mechanics just work off flow charts now which is a shame. No investigation. I think that breeds a lazy culture too and higher costs for us. Anyways...

She has opted for a C4 Grand Picasso Exclusive+. Did a fair bit of research and haven't found a bad review. I know it's French, but I'm sure Citroen quality has gotten better since many of us blew their gearboxes years ago. And it can't be worse than the Ford or my Ex Insignia.

[Six30]

Is she dead set on another Kuga?, if not I’d honestly look at the Rav 4.

 

No she won't touch Ford again, like I won't touch Vauxhall again. Their after sales are both shite. Seems like main dealer mechanics just work off flow charts now which is a shame. No investigation. I think that breeds a lazy culture too and higher costs for us. Anyways...

She has opted for a C4 Grand Picasso Exclusive+. Did a fair bit of research and haven't found a bad review. I know it's French, but I'm sure Citroen quality has gotten better since many of us blew their gearboxes years ago. And it can't be worse than the Ford or my Ex Insignia.

 

Id do a bit more research Brighty , electrics on em are shite.

[The Hitcher]

Is she dead set on another Kuga?, if not I’d honestly look at the Rav 4.

 

No she won't touch Ford again, like I won't touch Vauxhall again. Their after sales are both shite. Seems like main dealer mechanics just work off flow charts now which is a shame. No investigation. I think that breeds a lazy culture too and higher costs for us. Anyways...

She has opted for a C4 Grand Picasso Exclusive+. Did a fair bit of research and haven't found a bad review. I know it's French, but I'm sure Citroen quality has gotten better since many of us blew their gearboxes years ago. And it can't be worse than the Ford or my Ex Insignia.

 

Citroen’s are great if you’re buying a few years old as they depreciate badly and you can get a lot of car for not a lot of money, decent Diesel engines, French build quality hasn’t got the best rep and I’ve not had a Citroen, I’ve had Peugeot’s in the past-a 306 and a 406 and liked both of them.

Honestly though, if build quality and reliability are paramount for you get a Toyota, I know they’re not the most stylish or exciting cars but they just go forever, I actually make use of a 4x4 and swapping from a Land Rover to a Land Cruiser was the best decision I’ve made, I can just get in it, turn the key and not worry about what’s going to break next.