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Can I reject a car that does not have a full service history as advertised?
I have recently purchased a car from a National Car Dealership under the distance online regulations. The car was delivered last week just before I was due to depart on a holiday - using the new car.
Everything went well with the delivery and I had been told the car (which was four years old and covered 20,000 miles) had a full service history. On investigation of the service booklet the service history was lacking. The first service had been omitted, the second year was an oil/filter change, the same for the third year. The supplying dealership has stamped the book for the fourth year service (supposed to be major) but once again only an oil/filter change.
At no time in the four years since new had the car had any brake fluid change, air con service , brake condition reported on - so, since new it had not had a proper service in accordance with the manufactures recommendations (Citroen). On this basis I want to return it for a full refund. As it was delivered to me and will have to be collected ( dealership 200 miles from my home) I have been advised of a delivery/collection fee of £700.
I have accepted that I will have to pay this, high as it is, but now I have used the car for a holiday which was planned before delivery I have exceeded the 250 mile ,limit under the t&c of the agreement .
As I have done this can the dealer now reject outright any right for me to reject the car? There is nothing wrong with the car - no complaints there. Additionally my wife dislikes it - she is too short when in the driving seat to see clearly over the steering wheel and bonnet.
Everything went well with the delivery and I had been told the car (which was four years old and covered 20,000 miles) had a full service history. On investigation of the service booklet the service history was lacking. The first service had been omitted, the second year was an oil/filter change, the same for the third year. The supplying dealership has stamped the book for the fourth year service (supposed to be major) but once again only an oil/filter change.
At no time in the four years since new had the car had any brake fluid change, air con service , brake condition reported on - so, since new it had not had a proper service in accordance with the manufactures recommendations (Citroen). On this basis I want to return it for a full refund. As it was delivered to me and will have to be collected ( dealership 200 miles from my home) I have been advised of a delivery/collection fee of £700.
I have accepted that I will have to pay this, high as it is, but now I have used the car for a holiday which was planned before delivery I have exceeded the 250 mile ,limit under the t&c of the agreement .
As I have done this can the dealer now reject outright any right for me to reject the car? There is nothing wrong with the car - no complaints there. Additionally my wife dislikes it - she is too short when in the driving seat to see clearly over the steering wheel and bonnet.
Asked on 1 November 2023 by Richard Turner
Answered by
David Ross
Distance selling regulations allows consumers the right to return a purchase even if it is not faulty, so this should not affect your consumer rights in respect of the vehicle.
Your have a right to reject a vehicle if it is not fit for purpose, of satisfactory quality or not as described, so in this instance you would be challenging on the grounds that it is not as described. You do not specify the exact vehicle you have purchased, but even though it has only covered 20,000 miles it should have had at least one major service in this period, so you could argue it was not as described. You can read more about the process of rejecting a vehicle here: www.honestjohn.co.uk/how-to-reject-a-car-your-cons.../
Your have a right to reject a vehicle if it is not fit for purpose, of satisfactory quality or not as described, so in this instance you would be challenging on the grounds that it is not as described. You do not specify the exact vehicle you have purchased, but even though it has only covered 20,000 miles it should have had at least one major service in this period, so you could argue it was not as described. You can read more about the process of rejecting a vehicle here: www.honestjohn.co.uk/how-to-reject-a-car-your-cons.../
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