Handjamjack

Consumer rights - valid reason for rejecting a car within 30 days

65 posts in this topic

I've always tried to do the right thing when it comes to customers coming back to me with complaints and issues regarding vehicles they have bought from me, sometimes I've probably been too generous, but in a small community it helps to have a good reputation. Today however I have had a lady contact me 29 days after purchase to say that she wants to return the vehicle as it has a faulty bonnet catch and she can't open the bonnet. I have offered to repair the catch, but she is very aggressively pursuing the line of 'I can reject the car and get a full refund if it's less than 30 days post sale'. My question is - is this a valid reason for returning the car? Some pieces of advice I have read suggest that no, it isn't a valid reason and it should be dealt with under warranty, which is my stance. Other advice to the consumer suggests that they don't need a valid reason and can ask for a full refund if it is within the 30 day period. Advice welcome.....and finally, how do people generally deal with situations in which you take a car back inside a 30 day period, only to find that it is in a poor condition or damaged? Thanks in advance for any advice!

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Posted (edited)

For what its worth I would like to think the new MOT and your PDI that you carried out before sale showed the customer the bonnet was working.

I am even more sure when they viewed they opened the bonnet. Most people do. I would say it was quite clearly working at point of sale. Black and white. 

I would say that they are correct consumer rights gives them the right to reject a significant fault within 30days. It is up to the customer to prove the fault was there within first 30. 

Well it sounds to me that under the consumer rights act as a dealer you are no responsible for this issue as its just one of those things that can happen particularly with model X you have sold which frequently suffer with these type of problems. However as a fair and proffessional dealer you are more than willing to have the car back, have the bonnet catch fixed quickly at no expense to the customer and will even have the car washed by your local valeters ( £10 mini valet sometimes goes a long way).

Worth a go.

Edited by Rory RSC
Typo

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It needs to be a pretty serious fault to entitle her to a no questions asked refund, it's not a 30 day money back guarantee. This woman is a complete pleb. Treat her like one.

(Stinks of buyers remorse or money worries)

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10 minutes ago, Mojo121 said:

It needs to be a pretty serious fault to entitle her to a no questions asked refund, it's not a 30 day money back guarantee. This woman is a complete pleb. Treat her like one.

(Stinks of buyers remorse or money worries)

Defo buyers remorse

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30 day right to reject - burden of proof is reversed for this to apply ie they have to prove the fault existed at the time the car was supplied

this isn’t us being arsey but the law. So if they can prove fault was present at time of sale then they may have a case but still probably not with such a trivial issue.

did you service the car for sale btw? 

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She wants to reject the car because the bonnet release doesn't work..!!!??? Sounds strange, are you sure there's nothing more to this ?

As a car owner, she should be checking levels weekly, waiting 29 days to check under the bonnet, to then find the release doesn't work sound fishy.

My stance would be that a faulty bonnet release does not constitute a significant fault that renders the vehicle unfit for use and that there are no reasons at all to accept a rejection, or offer a refund.

An offer to inspect and repair as necessary would be my way to go, just as Rory says.

SC is right on the money...

In your small community she is clearly not as concerned about her reputation as much as you are yours, hope she see's sense, and between you, you get it sorted..

Is it a VW ?:angry:

Good Luck...

 

  

 

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7 hours ago, have a word with the wife said:

shock horror newsflash "lady opens a bonnet" :lol:

Hey Mumsnet, I can teach you how to get 29 days free car hire, it’s easy.. 

7 hours ago, SC Derby said:

30 day right to reject - burden of proof is reversed for this to apply ie they have to prove the fault existed at the time the car was supplied

this isn’t us being arsey but the law. So if they can prove fault was present at time of sale then they may have a case but still probably not with such a trivial issue.

did you service the car for sale btw? 

+1

i would tell her point blank she has misinterpreted the CRA and is definitely not entitled to a refund for such a minor wear n tear issue.

Tell her, the CRA is designed to protect customer’s and retailers equally, it isn’t one sided.  As soon as you say that to a moron billy normally a light switches on in their empty heads...

Shes taking the piss and you need to let her know you aren’t a walkover - don’t give her an inch..... Be polite, firm and fair. 

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Thanks very much for the replies - I really appreciate you all taking the time. The car was MOTd, serviced and checked prior to sale and I'm in total agreement that the fault doesn't constitute a serious enough fault to issue a refund and take it back. I am offering (again) to repair the car for her and will be stating that the fault is not serious enough to warrant a return and refund. I believe that sometimes it's easier to issue a refund and just sell the car again and get on with your life rather than have a load of aggro, but equally, sometimes you have to make a stand and just say NO! Car was a 2011 Renault Clio by the way. Thanks again, I'll post the outcome.....

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Probably broken the bonnet cable... 

Pull, pull, pull bonnet not coming up automatically, pull, pull snap:D

 

To answer the question, not a chance for a refund. 

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You can’t service a car without opening the bonnet can you?

zero chance of rejection here 

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I just contacted local Trading Standards for clarification, who transferred me to a helpline that turned out to be Citizens Advice Bureau. Their 'advice' was that a faulty bonnet catch constituted faulty goods and she was within her rights to ask for a refund. It beggars belief.

 

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5 minutes ago, Handjamjack said:

I just contacted local Trading Standards for clarification, who transferred me to a helpline that turned out to be Citizens Advice Bureau. Their 'advice' was that a faulty bonnet catch constituted faulty goods and she was within her rights to ask for a refund. It beggars belief.

 

Don't surrender so easily.

And don't listen to them.

Its not about faulty, remember a faulty car is not an reason to reject, its all about the goods being of satisfactory quality.

If it had broken down, then yes this would render the car unusable, however a bonnet not opening is not going to stop it from being used.

 

It probably only wants some adjustment/grease/lubricant.

 

However be-careful how you go about this, some ladies take offence if you try to lift their bonnet with lubricant in your hands :D

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Citizens advice! A part time scout leader doing his bit for the community, trained up by someone who knows less about the law than most on here. I’d rather ask my cat for advice than the CAB. I don’t have a cat. 

met and tradegirl like this

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2 minutes ago, EPV said:

Citizens advice! A part time scout leader doing his bit for the community, trained up by someone who knows less about the law than most on here. I’d rather ask my cat for advice than the CAB. I don’t have a cat. 

This, utter clueless tosspots !!

I too am in a small community, I would offer to repair free of charge and yeah, perhaps wash and vac the Car for her ....................

Refund for this fault ................. Not a bunk up in hell's chance !! 

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Thanks once again - I have asked the cat and he just shook his head in disbelief. I've made the offer to repair and stated that it's not sufficient grounds to return the car, and I'm just leaving it up to them now. 

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Keep us updated. I would suggest you may want to send her a letter confirming your intention to rectify the fault. In that, you could point out that the fault was not present at sale (evidence being the service) and therefore under the rules of the CRA 2015 this is not cause for rejection but that you will happily repair. She may well then realize what is going to happen if she chooses to ignore your offer.

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After more threats of trading standards this morning including that she has set up a case against me, more of the 'my cousin is a solicitor and she will.....' etc etc, I just kept stating that I believed that I was correct in offering to repair the fault and didn't deviate from that. I got a bit closer to the truth as the morning went on, with this comment from here - 'I'd just prefer the full refund so I can buy another car that will be more suitable'. I think she shot herself in the foot there. Anyway Ive just had a message (much shorter than the previous ones) saying 'yes you can repair the fault'. Followed by a 'and you'll be paying for this because I'm not' - that in response to me saying yes, we'll repair it free of charge under the warranty. There's me thinking that free of charge was a simple concept to understand. Brickhead. Thanks for all comments and hopefully that'll be the end of it.

pmpants and tradegirl like this

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thank you for the update. And beware what you say, its a public forum, you will have said enough to identify yourself to the party involved 

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4 hours ago, Handjamjack said:

I just contacted local Trading Standards for clarification, who transferred me to a helpline that turned out to be Citizens Advice Bureau. Their 'advice' was that a faulty bonnet catch constituted faulty goods and she was within her rights to ask for a refund. It beggars belief.

 

Jesus if citizens advice do not even know how to interpret the law corrrectly no wonder we get these sort of punters. 

If I was spoken to in such a way by said customer I would be telling them to get on their bike, bonnet catch would have clearly worked if the car was serviced before sale. 

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All over a bonnet cable , "wow " 

Why does everyone have to threaten people over a £20 fix . :(

That comment was buyers remorse wasn't it , decided she wants a different car . 

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1 hour ago, David Horgan said:

All over a bonnet cable , "wow " 

Why does everyone have to threaten people over a £20 fix . :(

That comment was buyers remorse wasn't it , decided she wants a different car . 

'Lost all faith' 

'I Just think it will be nothing but problems'

'Nothing but trouble this car'

 

Overly emotional responses to simple mechanical fixes.

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The saga continues - just had a call from the person in question, it appears that the car made a loud bang when they tried to start it today and now it won't start at all and please can they have their money back.....

3 hours ago, David Horgan said:

All over a bonnet cable , "wow " 

Why does everyone have to threaten people over a £20 fix . :(

That comment was buyers remorse wasn't it , decided she wants a different car . 

Correct - a different, cheaper car so they have cash left over to pay the mortgage probably.

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