Further to my previous thread:-
www.honestjohn.co.uk/forum/post/index.htm?t=16062
I bought a Mazda mx5 25 days ago From the day I took the car I noticed that it had a judder in the clutch As I live closer to another main dealer I took the car in They tested the car and agreed that is needed a new clutch was needed and in fact Mazda had issued a bulletin about it .I had to wait for the parts to arrive (the latest fix I was told) The did the work but before I even collected the car the workshop manager advised me that it was no better and that they were not sure what to do next and emailed mazda
I found the car so awful to drive now that I have left the car at the dealer that did the repair.
Can I reject the car and if so must I take it to the dealer that I bought it from, As the part fitted it the latest of three upgrades it does seem as though this car is a \'lemon \' and may not be the clutch after all
Thanks for any advice
alan
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Yes you definately have to take it to the dealer you bought it from, I tried very hard to reject a VW once but they retained the right to put the vehicle right. They never did get it perfect, however I drove it 150k and it never let me down, I got used to it in the end, the main thing is and I know its difficult, but if they won't accept it back don't let it get to you, it can affect your whole life and at the end of the day as my father said it only a car! I think i'm sane again now, except i've got another new car and it's not perfect either, but the main dealer is really good and tries his best.
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It depends on the seriousness of the fault. This is not legal advice but a general impression - the information you have given me is not really specific, nor can it be, and there is no way of saying with certainty how things would go.
Under the Sale of Goods Act, you have the right that any car will be as described (not an issue here), fit for purpose and of satisfactory quality. If you can drive the car and it is reliable and safe, though unpleasant, it will be fit for purpose.
Whether it is of satisfactory quality is another, somewhat fuzzier matter. Basically, if the clutch detracts so much from your enjoyment of the car (in a more legal sense, meaning 'reasonable expectations of use' rather than actual pleasure) then you have a fair chance of successfully rejecting the car.
(Or selling it back to the supplying dealer and suing for breach of contract, damages to be the difference between the price paid and the price received). However, if MX5s simply have a bit of a juddery clutch and you've just decided you don't like it, but the car is driveable then you don't really have much hope.
NB your contract is with the supplying dealer; it may be worthwhile giving them a reasonable chance of repairing the car, although there is a limit on the time that the courts will consider reasonable to reject the car. This is not set in stone and really, you don't want to reject the car so much as get the contract rescinded to put you in a position as if the contract had never been made.
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You can reject the car Alan but it may not be a straightforward process. A product must be of satisfactory quality - i.e. free from defects etc. - it must also be fit for its purpose and as described.
If you decide to reject you must put it in writing as quickly as possible. Time is of the essence. Also do not use the car once you have rejected it. You don't say if the car is new or the value of the car? Some people think you can only reject new goods - they are wrong.
The company might be reasonable and just accept it back. Especially if they can't figure out what is wrong with it. Unfortunately this is unlikely, they will more likely offer a repair. If the company does not accept your rejection you will have to prove your case. That will involve having an independent assessment of the car (which you will have to pay for) and if the assessment goes your way you will then have to sue for damages.
If the value of the car is £5k or less you could sue through the small claims court. Otherwise you are in the County Court - more difficult again.
Good luck
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Jeds: the value of the claim may not be the value of the car, but the loss in its value due to the fault, possibly the difference between the purchase price and the sale price. This is likely to be in the region of £2000 - £3000 on a new car; well within Small Claims territory.
Even if it is not, the evidential burden is the same in the County Court as the Small Claims Court but there are different rules about expert witnesses (much more difficult in Small Claims Court) and costs (much more favourable to the winning side if they instruct lawyers).
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Think you are too far into the contract, and in support of DavidHM's points, it is not bad enough for you to be on totally safe ground. Try and reason with the dealer, who in turn will be in contact with Mazda. The problem is not beyond redemption. I rejected a Jazz which had very minor door damage and got a full refund the following day. My solicitor thought I was very lucky.
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