Rejecting a car because of fault found

[ecopygmy]

In short:

 

I purchased a car on the 7th and picked it up on the 9th which needed a service and cambelt.

 

One of the tyres deflated slowly on the way home.

I was not told that the car had a slow puncture.

That said, I don't like using tyres on second-hand cars because you don't know if they've been repaired...etc so wasnt bothered about replacing them.

 

The wheel locking key which was supposed to be in the glove box was missing

I purchased a replacement and had the tyres replaced at my cost

when it arrived a week later (16th).

The dealer just stated that it should be in the car.

 

I went to perform the service yesterday and didnt get far.

Upon removing the undertray there was a clear sign of the clutch slave cylinder inside the bell housing was leaking and has been for some time.

 

The consequences of this could be hundreds and its a big job that Im reluctant to tackle myself.

At a garage the cost could be as high as £1200.

 

The car cost 2.5k which was top money by the price guides

. There is a warranty but they will just replace the cylinder leaving the clutch in a state whereby I don't know if it will fail prematurely.

 

There are several other problems, some of which Im prepared to repair, others not.

 

Firstly, I asked in the initial conversation about the car if any fluids were leaking or if there were problems with the engine/gearbox to which they said no.

As this is under 14 days I presume I can just reject?

 

Secondly, what if any are my options with the new tyres?

I might phone up the tyre place to see if they can refit but I doubt thats an option

. They cost just over £400 so I dont want the dealer to benefit.

 

I cant drive the car for fear of the clutch failing and yet again have a hire car.

 

At least I still have all the service parts and can return them because I didnt want to do any work to the car after discovering the faults

[BankFodder]

I'm assuming that you bought this from a trade/commercial dealer. If you bought this from a private seller that is a different ball game.

 

You should send them a letter outlining the defects and asserting the right to reject. Make sure that the letter is absolutely clear that you are returning the car to him under the Consumer Rights Act 2015. You are within 30 days of discovering the defect so you are entitled to do this.

 

Get the letter to the dealer as quickly as possible – but I would suggest that you send a copy by recorded delivery. But deliver a copy to his hand anyway in view of the postal strike.

 

As it was quite reasonable to replace the tires, you will be entitled to claim the cost of the tyres from the dealer. Also you would be entitled to claim your reasonable losses for a limited period so the cost of a car would be all right – allowing for a reasonable time to find a replacement car, which might be only about seven days.

 

However, don't necessarily expect the dealer to comply gracefully. One of the important things is to get the car back to the dealer. You need to photograph it to show that it is in the condition in which you bought it. You need to leave it on his forecourt if you can and when you do photograph it again so that there are no mysterious dents which appear later on.

 

Once again, in respect of your additional losses/expenses you are likely to have a fight on your hands and you may have to bring a small claims action. Make sure you have got all the bills. If you bring a small claim action then we will help you and on the basis of what you say your chances are extremely high – better than 90 to 95%

[ecopygmy]

I bought from a comercial dealer who pride themselves on providing quality used cars with warrenties The one tyre I have from the car is actually the wrong load index so I dont believe thats legal.

 

I have all the bills from the hire car and replacement tyres. Not too fussed about the hire car or charges relating to searching for another car, I just want to cut my losses before the bills rack up.

 

Thanks for your help.