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Does new consumer rights act 2015 apply to my car? - A_M_J

First post - apologies if this is not the right place.

I purchased a new car (Vauxhall Astra). The car was registered on 30 Sept, but I didn't pick it up from the dealer (& part exchange my old car) until October 2nd. It now has a major intermittent fault which started in the first 2 weeks and which was attempted to be repaired by the supplying dealer. The fix hasn't worked and the same fault is still there. I have no confidence that they can fix the problem. Does the new Consumer rights act apply to me - i.e. point of sale is 2nd October when I took delivery, or is it the date the car was registered (Sept so falls under the old Sale of Goods act)?

I am a driving school instructor so it's essential I have a reliable car. I'm not a business as such, so does the new consumer act still apply to me as an individual purchasing the car - even though I'm using it for my self employed work?

How do I reject it, or go about demanding a replacement as I can't simply walk away and not have any use of a car (has had dual controls fitted).

Does new consumer rights act 2015 apply to my car? - Avant

Even under the old Sale of Goods Act you have the right to reject the car, as you've given the dealer a chance to fix the fault and they have failed to.

Does new consumer rights act 2015 apply to my car? - RobJP

I would imagine that the new CRA does apply, as it would seem that the purchase happened on the 2nd October.

However, you need to act immediately. Bear in mind that the CRA actually only grants a complete rejection within the first month (which is now over).After that, they are allowed to attempt a fix before you can reject.

As such, you really need to write to them, explaining that under the CRA you wish to invoke your rights. That you are now giving them one final attempt to fix, after which you will demand a full refund.

Does new consumer rights act 2015 apply to my car? - A_M_J

They've already had one attempt at making a repair and the fault is stil the same - so surely if CRA applies I could reject it straight away without needing to go through another attempt to fix..

Does new consumer rights act 2015 apply to my car? - nortones2

That's how it looks from: www.which.co.uk/consumer-rights/problem/what-do-i-...t

However, you may face an argument that the purchase was linked to a trade or business activity. www.legislation.gov.uk/ukpga/2015/15/section/2/ena...d

Legal advice is the only way forward unless they cough up. I suggest you explore the definitions (with CAB?) before formally requesting a refund. Bear in mind that contract law may still give a remedy.

Does new consumer rights act 2015 apply to my car? - focussed

If you are a self-employed driving instructor, as I once was, you are a business, whether you are independant or getting your pupils from a school.

If you bought the car to use for driving tuition the supply of the car is a business to business transaction and the new consumer act does not help you.

The date applicable to the new act in your case will be the date of invoice

Does new consumer rights act 2015 apply to my car? - concrete

If you are a self-employed driving instructor, as I once was, you are a business, whether you are independant or getting your pupils from a school.

If you bought the car to use for driving tuition the supply of the car is a business to business transaction and the new consumer act does not help you.

The date applicable to the new act in your case will be the date of invoice

Not certain this entirely correct. My cousin is self employed. He is a sole trader and his turnover is below the VAT level. He buys tools, equipment and vehicles and if they develop faults he has always had the problem rectified under the warranties. He buys the materials in his own name ( as a sole trader must) and they are his property, he is the consumer and is therefore covered by the old SoG act or the new act, whichever applies. I would not let a garage try to wriggle out of any obligation on the flimsy excuse that someone is running a business. So what? A faulty car is a faulty car, and has a warranty and it makes no difference whether you are a self employed person or retired or employed. QED.

Cheers Concrete

Does new consumer rights act 2015 apply to my car? - focussed

I think you will find that being self-employed regardless of the vat situation means that you run a business.

I should know-I was a partner in a business as a sole trader in a partnership, sole trader is another term for self employed, and we had to pay business rates, business insurance, etc.

I was also a director of another company at the same time, different rules.

See definition here:- www.smallbusiness.co.uk/starting-a-business/sole-t...l

Does new consumer rights act 2015 apply to my car? - concrete

I still maintain that whatever goods are purchased they must be fit for their intended purpose. So if a car is bought then it is covered by warranty against faults. How does it affect the warranty if the car is bought by a private citizen, sole trader or company director? A warranty is a warranty for that car and if it is faulty it is covered. Is it the case that the warranty does not apply if the car is purchased by any other than private citizens? I find that hard to believe. I appreciate the distinction between self employed and employed or retired but fail to see how it affects your rights under the law. I remain to be educated on this point. Cheers Concrete

Does new consumer rights act 2015 apply to my car? - RobJP

They've already had one attempt at making a repair and the fault is stil the same - so surely if CRA applies I could reject it straight away without needing to go through another attempt to fix..

However, the 'instant' rejection only applies in the first month. During that time, the OP gave the garage the chance to put the fault right. So they failed to use that right.

As we're now outside that first month, the next part of the CRA comes into play : applies from month 1 to 6, one attempt to fix, followed by rejection.

The law doesn't work the way you describe it. If it did, then if you had a fault within the first month which you allowed the garage to attempt to fix, and the fix lasted a few months before failing, then you could treat it as if it as still within month one, and instantly reject.