Decision to reject Bigmotoringworld/Blackhorse car on HP

[B.Shore]

I bought a car on HP on 25/01/22 and noticed a whistling sound when accelerating

called BigMW who advised to report on 21/02/22 via their warranty app.

 

The following day I was contacted by the warranty company and advised to take it to a Halfords autocentre to have the fault diagnosed. I immediately booked the first available appointment for 28/02/21 at my local halfords. 

 

I remained patient for an update and was called on 07/03/22 by the warranty company stating that there was a turbo fault, and that they would cover only the first £579 of a £1200 repair bill. I declined this and asked for the dealer to cover the cost at their expense, as the fault had been reported within the first 30 days of purchase. 

BigMW has now emailed asking to arrange for the car to be driven around 30 miles away to one of their service centres for inspection. 

 

Frankly at this point, I am inclined towards giving the car back requesting a full refund. I have not yet communicated with the finance provider. 

 

I would be grateful for help with the matter; do I agree to take the car in for inspection?

 

I have been without a car and been using taxis since the car was handed into Halfords on 28/02.

Do I arrange for my own independent inspection before taking the car to BigMW?

And is my short term right to reject still valid?

Since the fault was discovered within the first 30 days. 

 

I'd be grateful for advice on next steps in order to reject the car.

 

Many thanks in advance.

 

Edited March 9, 2022 by dx100uk
formatting

[BankFodder]

No, your short-term right to reject is no longer valid because you had to assert it within the first 30 days. I notice that apparently it was the dealer who may have persuaded you to wait until the expiry of 30 days and if this is the case, then it raises all sorts of questions in my mind.

However, for whatever reason – you went along with it.

Stop dealing with the warranty company. The warranty is subordinate to and less valuable than your statutory rights.

The responsible party of course are the hire purchase company which owns this.

You must now assert your six-month right to reject the vehicle under the consumer rights act and I would suggest that you do this immediately by writing to the HP company and also to the dealer and tell them that you are giving them a single opportunity to repair the vehicle and if not you are rejecting it.
This means that if the repair fails or if they decline – or if they failed to repair it within a reasonable period of time then you are rejecting the vehicle.

I would say that there should be no problem repairing the vehicle within seven days and I suggest that you give them that deadline and tell them that it's up to them how I want to use up the time, getting tests, diagnosis, what have you – but at the end of the seven days you want the car returned to you and in good condition.

You may as well put them on notice that this is the way you're going to be dealing with the vehicle from now on and that if they don't like it then they can simply refund you all your money.

When you get the car back I suggest that you do a thorough diagnostic check and identify any other issues and get them sorted out immediately.

You haven't told us anything about the car – make, model, mileage, age, price paid – et cetera. That would help us form a view as to what your reasonable expectations might be in terms of the satisfactory quality of the vehicle

 

 

[B.Shore]

Thank you for taking the time to respond.

 

Unfortunately I thought I could only assert the short term right to reject after a diagnostic had been completed.

the car is a 2017 Jaguar XE (43000miles).

I paid £2k deposit and the rest HP from Blackhorse.

I have done up to 2k miles so far.

 

I'm worried if they repair themselves, they would use a reconditioned turbo.

Can I insist they use a new one if agreeing to repair.

I will email the HP provider and dealer today. 

Edited March 9, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

On 09/03/2022 at 01:36, B.Shore said:

I bought a car on HP on 25/01/22 and noticed a whistling sound when accelerating

called BigMW who advised to report on 21/02/22 via their warranty app.

 

if the dates above are correct

you did report the fault within 30 days?

regardless to whom it still counts.?

 

 

[B.Shore]

Yes, all the dates above are correct. Fault reported at 27 days, and taken to the garage at the next available appointment at the garage advised by the dealer. The car has been there since and it's been 2 days since I was informed of the diagnosis. 

[BankFodder]

Well clearly we are in a grey area here because my understanding is that the right must actually be asserted.

It's an unnecessary and stupid formality – but that's my understanding.

I would like very much to be wrong

[B.Shore]

Would you advise that I now assert my short term right to reject? with the finance company. Also would it be a good idea to hire a solictor. 

Edited March 9, 2022 by B.Shore

[BankFodder]

You certainly won't need a solicitor. It will only cost you money and it will prolong everything .

You can do this yourself .

I have already said in an earlier post that you should write to the HP company and start the formal process.

 

[B.Shore]

I've now sent a letter of rejection to both finance and BigMW. The car is still with the garage that diagnosed the fault.

 

Finance company have said that they will investigate and this could take up to 8 weeks.

As for a courtesy car, they said that I would have to liase with the dealer directly.

 

Really concerned now that this will drag. The dealer said previously that they can inspect the car at one of their service centres.

 

Do I ask that they collect it to have this done? 

[BankFodder]

Strictly speaking they should be responsible for the collection.

However if you start insisting on this I expect it will simply lead to a further dispute and further delay.

Is the car driveable? If it is then maybe the best thing to do is to bite the bullet and get it to the dealer for inspection.

You asked earlier on if you would be entitled to a new turbo – and the answer is probably no. You would be entitled to a turbo that by and large had the wear and tear as a turbo of that age and mileage.

A reconditioned turbo would probably be acceptable in that case – and don't forget you will acquire statutory rights in respect of that repair

[dx100uk]

any news?

 

dx

 

[B.Shore]

Hi Dx

 

Thank you both for your help with this. BigMW eventually towed the car on 17/03 then diagnosed the turbo fault and repaired it. Then finally on monday morning (28/03) rang me to say the turbo had been refurbished but the whistling noise was still present and it was "a quirk" of the car. They say their mechanic can find no fault with the car and that I should collect it. 

I have refused in writing, cc'd the finance company and asked for a refund. 

[B.Shore]

BigMW have now accepted the rejection and said they are awaiting a response from finance co.

[dx100uk]

dont let the finance off the hook

if you dont hear by say tomorrow 

ring them.

 

dx

 

[dx100uk]

and?