Do i have a right to reject the car on HP?

[NWEChris]

I bought a 2nd hand car from a mazda dealership on novemeber 12th 2009 on HP loan. It is a 56 reg with under 27k miles. I started noticeing a knocking/cracking/squeaking noise from the front wheels area and also when it makes the noise it feels like something is loose, also when ive been on a long drive i noticed there was a noise coming from the differential area that didnt sound good. I took the car back to the dealers in february where they agreed there was something wrong with the differential but just changed the oil, and they also noticed the noise from the front end but couldnt find the reason for it and just told me to come back if the noise gets worse. Now into March (a month later) the differential is making the same noise as before, the knocking/cracking/squeaking noise and feeling loose on the front is still there, and now the clutch peddle is making a cracking noise and feeling loose every now and then when changing gear. I have hardly used the car because of these problems (worrying something is going to drop off when driving etc) So i got the car booked back into the dealers for them to look at it and they are giving me a courtesy car while they do. Ive only had the car for 4 months and with all these problems happening it has now put me off the car as i feel it could be unsafe and i dont like the idea of always going back to the dealers because of faults until there warrenty runs out. To cut this long storey short. Do i have a right to reject this car on the sale of goods act or not?

Any advice would be good please as the dealers is a good hours drive away from where i live and taking a car i feel is unsafe all that way every time is not very good.

[Conniff]

Four months is a long time and you are normally deemed to have accepted it under the regulations which state 'within a reasonable time' and although the period is not stated, it is accepted as being within the first few weeks.

 

You should send a recorded delivery letter to them chronicling the problems and visits and tell them you consider the car to be unsafe and of 'unsatisfactory quality' under the Sale of Goods Act 1979 (as amended) and give them 14 days in which to resolve all the problems. You should also add (preferably in bold) that you retain your right to reject the car under the above regulations at a later date.

 

Oops, forgot to add. The HP is not a problem and will be cancelled and all instalments and deposit paid so far refunded if rejection is accepted.

Remember that as this is an HP agreement, the finance house is jointly and severaly liable for the problems as it is their car, not yours. They are just hiring it to you at the moment, so you should copy any letter sent to the dealer to the finance house as well.

Edited March 20, 2010 by Conniff

[NWEChris]

Thank you for the fast response. Unfortuantly the problems with the car didnt start until end of January this year (could have been earlier but with all the snow at start of this year the car wasnt used much over the xmas period) Ive read on other sites about the dealer being liable for any faults with the car for upto 6 months after buying. The car is still under warrenty so they have to fix it for free. I just dont hold much hope in them doing that as ive heard bad reviews about them and also when i took the car to them the 1st time they couldnt find what was causeing the problem and just said to come back if it gets worse which i find is wrong of them and as for the differential, ive been told it is a good sign of it needing replaceing with new when the kind of noise it is making is there and i get the feeling they are just going to replace the oil in it again (which makes the noise go away for a few weeks) and expect me to accept this, then i will have to take it back to them again next month and do the same again until the warrenty is up and then for them to turn round and say yes it needs replaceing at a cost of over £2000. Im not after any money back etc as its on HP, i just want to end the contract and hand them the car back so i dont have to go through all this with them.

[Conniff]

You can take it to a competant garage or another main dealer and ask for a report which you may have to pay for. armed with that, you will then have the upper hand and request that those faults found and reported are, to your satisfaction, addressed.

If they refuse, then you can tell them you will take it to another garage for repair and send them the bill, non payment of which will result in a court summons.

 

During the first 6 months it is up to the seller to prove the complaint was not there when you bought the car, after 6 months it is up to you to prove it was.

 

If you want to attempt a rejection, and there is no reason why you can't, then do it in writing and send recorded giving them 10 days to respond. They might agree, but as I also said, make sure you send a copy of everything to the finance company as it is 'their' car.

 

Forget the warranty, that is their attempt at a get out from the consumer regulations and a way of rebuffing you. Warranties do not replace your consumer rights but are extra to it.

Edited March 20, 2010 by Conniff

[NWEChris]

Thank you for the advice Conniff. The car is booked into the dealers for friday. I will get all info and paperwork ready for then and wait to see what they say they have done to fix/resolve the problems with the car. If im not happy with what they have done then i will let them know that and that i am rejecting the car and will then send off all the letters etc to them and the HP company.

Thank you again for the advice, i was starting to feel like i was stuck with a faulty car and was being messed around by the dealer.

[Kraken1]

you might be able to reject, there is precedent for it. BUT, there is also precedent to say you can't... helpful, I know. That said, it is fairly certain that if you tried it would be a battle and would probably end up in court. Expect a bit of trial, both legally and metaphorically.

 

Some handy stuff to do with cars and rejection here:http://www.lawcom.gov.uk/docs/lc317.pdf