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Flipjango

Is heating fault reason to refuse car?

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I just picked up a new (to me) 2nd hand car yesterday and there appears to be a fault with the heating system.
Its only 2 years old. My last car was only 3 years old when I bought it and also had a fault when we got it home that I let the dealer fix, but it was never right and we've had huge costs of repairs over the last 2 years on it that have resulted in our getting rid of it.

We bought such a new car this time because we wanted one that would be super reliable and now I've found this fault I'm spooked I'm really wanting to take the car back for a refund.
I've got it in my head that perhaps the reason the first owners got rid if it after only 2 years was because it didn't work well.  

What I want to know is whether a heating fault would constitute a reason to refuse the car within the first 30 days?

Can anyone help?

I'm finding the internet a bit contradictory with some sites such as the CAB saying any fault within the first 30 days would be reason to refuse the car, whilst other saying it has to be a major fault and you'd still potentially have to fight for  a refund through the courts.  

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10 minutes ago, Flipjango said:

I just picked up a new (to me) 2nd hand car yesterday and there appears to be a fault with the heating system. Its only 2 years old. My last car was only 3 years old when I bought it and also had a fault when we got it home that I let the dealer fix, but it was never right and we've had huge costs of repairs over the last 2 years on it that have resulted in our getting rid of it. We bought such a new car this time because we wanted one that would be super reliable and now I've found this fault I'm spooked I'm really wanting to take the car back for a refund. I've got it in my head that perhaps the reason the first owners got rid if it after only 2 years was because it didn't work well.  What I want to know is whether a heating fault would constitute a reason to refuse the car within the first 30 days? Can anyone help? I'm finding the internet a bit contradictory with some sites such as the CAB saying any fault within the first 30 days would be reason to refuse the car, whilst other saying it has to be a major fault and you'd still potentially have to fight for  a refund through the courts.  

 

First of all, please don't post solid blocks of text. I've rearranged yours above and you can see how much easier it is for people to read. We happy to help here but we would like you to present your story in the way that you would like it presented to you.

 

Citizens advice are wrong in respect of any fault within 30 days entitling you to have the price refunded. It would have to be a fault that means that the car is not of satisfactory quality. Negligible faults such as blown bulbs probably aren't serious enough. But I would certainly say that a fault with the heating system is going to be sufficient to make the car unsatisfactory.

I see that you have been here since 2012 so it's a shame that you didn't come to us with your problems with the earlier vehicle because we could have saved you with a lot of hassle there.

However, in respect of this vehicle, you are well within 30 days and you have to assert your rights in writing so I suggest that you write them an email with a letter confirming the email immediately telling them that you are rejecting the car because of the fault and you are asserting your rights under the consumer rights. Even if you are happy to have the car repaired, send this letter because it then reserved your rights.

If you do eventually accede to a repair then make sure that you are accepting their offer of a repair simply as a gesture of goodwill but that you are still asserting your rights under the consumer rights act.

 

 

In terms of the practical business of asserting your rights, we find that most second-hand car dealers cause trouble and they don't accept your right to reject the vehicle. This means that you better be prepared for trouble and of course we will help you if you want


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Thank you so much for your thorough reply.

 

I'm trying to work out the simplest way to deal with this. I don't really want to have to fight things through the courts if it does come to that, and I"m trying to work out if I have a cooling off period at all. I wonder if you can tell me. 

 

I viewed the car in person and took it for a test drive. But I then went away and eventually called the dealership back to arrange to buy the car. I agreed to buy the car and paid £500 deposit to secure the car over the phone. 

 

I then went into the dealership and completed the purchase in person when I collected the car. 

 

Do I therefore have the legal right to a 14 day cooling off period as I was a telephone purchase for at least part of the price? Or does this only apply to a purchase completed over the phone or online? Thanks

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I'm afraid that you are dealing with an on-premises contract and so you are not entitled to any cooling off period. The only way to deal with this will be as I have already suggested, to assert your right to rejection under the 30 day rule contained in the consumer rights act. So write the letter now.

Which dealer are you talking about? What is the car – make, model, price, mileage?

Of course with your letter you don't need to go in mob handed. You can start off very gently but make sure that the letter does assert your rights. You never know, you might be dealing with that very rare creature – a second-hand car dealer who is proud of what they do and of the service they give.

By the way why do you tell us about your earlier car because it sounds to me as if you might have some recoverable damages there. Start a new thread for that one. Just because you have got rid of it doesn't necessarily mean that you have no opportunity to get some of your repairs money back if you tell us all about it.

 

While you are dealing with this problem, you will acquire some transferable skills which will allow you to sue other people with greater confidence so you may as well start applying them immediately. It's all about economies of scale – if you get what I mean.


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