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Hyundai ix35 - Returning a faulty car - Marie Vague
Bought a used ix35 from a dealer on 13/02/2021. Via click and collect. I noticed quite a bad oil leak and asked my local garage to check it out (27 days after purchase). He thought it was a gearbox seal. The garage we bought from said the last owner had had a new clutch so my mechanic thought they may have damaged seal during new clutch fitting. Got in touch with the dealer who agreed for my mechanic to replace the seal and they would pay him direct. My mechanic collected my car to carry out the work today but while starting the job he realised things were much worse than a seal. The gearbox housing is cracked and someone has tried to bodge it up with sealant. He also says that the car has not had a new clutch either.
I informed the dealer who has asked for pictures. They said they will speak to their experts and get back to me. In the meantime we are stuck with a car that can’t be driven.
I have lost all faith with the car at this point. Can I claim a refund for the dealer?
I was also unaware of the 14day return period for click and collect vehicles. I was given no information at all about this.
Sorry for the long post but any help would be greatly received.
Thanks xx
Hyundai ix35 - Returning a faulty car - elekie&a/c doctor
The fault was obviously there from purchase . I would contact the dealer and advise him that under the Soga that you are rejecting the car as unfit for purpose . This is covered under the 30 day right to reject . Do not drive the car and don’t attempt to repair it . Tell the dealer to collect it at no cost to yourself .
Hyundai ix35 - Returning a faulty car - RT
The fault was obviously there from purchase . I would contact the dealer and advise him that under the Soga that you are rejecting the car as unfit for purpose . This is covered under the 30 day right to reject . Do not drive the car and don’t attempt to repair it . Tell the dealer to collect it at no cost to yourself .

The purchase was more than 30 days ago

Hyundai ix35 - Returning a faulty car - elekie&a/c doctor
Possibly, maybe . Fault reported at 27 days . Dealer still has a legal commitment of a 6 month warranty .
Hyundai ix35 - Returning a faulty car - Marie Vague
Does the fact that I wasn’t given the 14 day click and collect advice make a difference? Would I still be covered as I reported the fault at day 27

Edited by Marie Vague on 18/03/2021 at 08:32

Hyundai ix35 - Returning a faulty car - joegrundy

Your rights are under Consumer Rights Act 2015, which requires the car to be of 'satisfactory quallity'.

Who your rights are against depends on how you bought it. 1. Did you use HP/PCP and 2. did you use a credit card (e.g. for a deposit)?

Hyundai ix35 - Returning a faulty car - Marie Vague
We paid cash via bank transfer. Would the 30 days still stand even if I now ask for a refund after 30 days if the fault was found on day 27. I really want a refund now. We have got to arrange for RAC to take the car back to the garage tomorrow (60 miles away) they are then taking it to their garage for them to repair it. I’m very sceptical about this and I’m concerned that damage hasn’t been done to the gearbox itself and they just replace the housing.
Hyundai ix35 - Returning a faulty car - Bromptonaut

Just so we can get a grasp of things, how old is the car?

Hyundai ix35 - Returning a faulty car - Marie Vague
It’s a 2013 plate
Hyundai ix35 - Returning a faulty car - elekie&a/c doctor
The op might want to take a look here; www.businesscompanion.info/focus/car-traders/part-...a
Hyundai ix35 - Returning a faulty car - Brit_in_Germany

There is a provision for stopping the 30-day clock but I believe this is for when the seller has the car back for repair.

Hyundai ix35 - Returning a faulty car - Marie Vague
The trader didn’t tell me about the 14day distance selling terms so I am hoping I can get a refund because of this. If they fail to tell you the 14 day rule then you have one year and 14 days to return but how difficult would that be ??
Hyundai ix35 - Returning a faulty car - elekie&a/c doctor
Let’s hope the selling dealer sees sense with this and offers a refund . It’s possible he never knew about the cracked gearbox . It’s not in his interest to refuse . If this ever went to small claims, he would most definitely lose.
Hyundai ix35 - Returning a faulty car - Marie Vague
I honestly don’t think he knew about it. My mechanic said it had been disguised well. The crack was filled over with some sort of metal sealer. Some people have no scruples
Hyundai ix35 - Returning a faulty car - pd

If it is over 30 days since purchase the seller has the right to choose whether to repair it or refund you (including deductions for use).

That is the simple fact of the matter.

On an 8 year old car you are certainly not covered for everything and anything as a great deal can be put down to interpretation as to what a "reasonable" person would expect from such a car but this sounds fairly fundamental so would think you would have a strong case.

Don't assume the seller will not be reasonable, contrary to popular opinion most are as long as the buyer is similarly reasonable.

Hyundai ix35 - Returning a faulty car - joegrundy

"If it is over 30 days since purchase the seller has the right to choose whether to repair it or refund you (including deductions for use).

That is the simple fact of the matter."

Yes, sort of. The remedies at s.23 CRA 2015 (worth the OP reading) are repair, replace or refund.

the seller has one opportunity to repair so as to bring the car up to 'satisfacory quality'. If that is not practicable, he can replace it with an acceptable alternative. If that is not possible or practicable he must refund. Note that this must be done at no cost to the buyer (including transport costs) and at no significant inconvenience. This indicates that a courtesy/rental vehicle should be provided until the issue is resolved. I would suggest that the cost of this might indicate that it would make financial sense for some sellers to offer a refund without hanging around too much.

Re deductions for use - these must be reasonable, and I would suggest that an amount similar to the excess mileage charge under a PCP would be a good indicator.

Hyundai ix35 - Returning a faulty car - Marie Vague
Thanks for all your replies ??
We got our breakdown recovery (RAC) to transport the vehicle to the dealers chosen garage about 60 miles from us. I wanted to take it to a specialist gearbox repairers near us but dealer said no. I’m just concerned about the condition of the gearbox if it’s been running low on oil for a long time. I don’t just want another casing putting on and refilling with oil. But I suppose I have 6 months if the gearbox does pack in. Not what you want when you’ve only had the car a month and the fault was there when it was sold to you. Does anyone know about the distance selling 14day rule that is used due to Covid click and collect?
Hyundai ix35 - Returning a faulty car - skidpan
I’m just concerned about the condition of the gearbox if it’s been running low on oil for a long time. I don’t just want another casing putting on and refilling with oil.

What the garage will do is to fit a unit from a scrapped car of similar age, they won't be fixing the old unit, will take too long.

Hyundai ix35 - Returning a faulty car - Marie Vague
So latest instalment. The dealer has said the gearbox is fine( how they can tell this without stripping off the casing is beyond me) and said the garage is going to patch up the crack and then the cheeky bar steward tried to sell me a 6 month warranty. I’ve told him I don’t want the car bodging up I want my money back. I have had no reply so currently have no car and no money. How long is this likely to take if it goes to court? Very stressed now ??
Hyundai ix35 - Returning a faulty car - elekie&a/c doctor
Interesting post today in discussion forum started be Stevieb. Similar situation regarding rejection of a van and the 30 day Consumer act . Judge Rinder , itv today . Worth a watch . Looks like you may to go legal , but could take forever.
Hyundai ix35 - Returning a faulty car - bathtub tom

I don't know if judge Rinder sets a legal precedent. It's a TV programme and the TV station pays any awards, not the defendant.

Hyundai ix35 - Returning a faulty car - skidpan

A few vey important points to remember.

Judge Rinder is not actually a Judge, he is a Barrister.

Its a television programme and not a court.

Laws are not informed by what happens on the TV, god help us if they were.

This will make no difference to what happens in the real world, a place where very few people seem to live these days.

Hyundai ix35 - Returning a faulty car - Marie Vague
The garage has offered to buy the car back from me ?? They have offered £400 less as they say we have done 800 miles at 50p per mile. And the fact that there will be another owner on the log book. Don’t really feel that the extra previous owner is our fault. Bearing in mind they didn’t have to recover the vehicle,we did that, didn’t provide a courtesy car and still owe us £40 for my mechanics cost to look at it I feel they are being a bit cheeky
Hyundai ix35 - Returning a faulty car - elekie&a/c doctor
Not the best outcome, but if the deal is genuine, I’d take the money and run .
Hyundai ix35 - Returning a faulty car - FP

"I’d take the money and run."

I was thinking the same. Worth a smallish financial loss just to get rid of the worry and stress.

Hyundai ix35 - Returning a faulty car - Marie Vague
Yeah think you’re right ?? gonna take the money and run
Hyundai ix35 - Returning a faulty car - MGspannerman

Grab the money and then take them to the small claims court asking for the £400? Small claims is time consuming and a pain for the dealer,

He may be prepared to pay some or all to avoid the hassle of even going to court and indeed you have a possibility to win. It is not for you to somehow accept a financial penalty as it will have another owner on the registration document. He shouldn’t have sold you a faulty car in the first place. As for selling you a warranty, they are largely useless, do not cover faults on purchase and you have six months protection under consumer law anyway.

Hyundai ix35 - Returning a faulty car - pd

The dealer is entitled to make a deduction. The law protects them as well. Whether it is reasonable or not may be debatable but you'll lose the argument saying it should be zero.

Hyundai ix35 - Returning a faulty car - pd

Grab the money and then take them to the small claims court asking for the £400? Small claims is time consuming and a pain for the dealer,

He may be prepared to pay some or all to avoid the hassle of even going to court and indeed you have a possibility to win. It is not for you to somehow accept a financial penalty as it will have another owner on the registration document. He shouldn’t have sold you a faulty car in the first place. As for selling you a warranty, they are largely useless, do not cover faults on purchase and you have six months protection under consumer law anyway.

Please don't peddle the six.momh stuff. You potentially have some comeback on some cars for 6 months but on most on most things you do not. It is misleading to imply people do.

Hyundai ix35 - Returning a faulty car - RT

Grab the money and then take them to the small claims court asking for the £400? Small claims is time consuming and a pain for the dealer,

He may be prepared to pay some or all to avoid the hassle of even going to court and indeed you have a possibility to win. It is not for you to somehow accept a financial penalty as it will have another owner on the registration document. He shouldn’t have sold you a faulty car in the first place. As for selling you a warranty, they are largely useless, do not cover faults on purchase and you have six months protection under consumer law anyway.

Please don't peddle the six.momh stuff. You potentially have some comeback on some cars for 6 months but on most on most things you do not. It is misleading to imply people do.

The 6-month threshold is to do with the burden of proof - up to 6-months, it's up to the seller to prove the fault didn't exist at point of sale - after 6-months, it's up to the buyer to prove it existed at point of sale - if the fault didn't exist at point of sale, but developed later, then it's down to reasonable expectation taking the age and price into consideration.

Hyundai ix35 - Returning a faulty car - pd

Agree fully with above. I just get worried when some wording to the casual reader could give the impression you can claim for a flat battery on a £1200 banger after 5 months.

As I always warn people the legislation protects the seller from unreasonable demands from the buyer as well. It's not one way, nor is it designed to be.

Hyundai ix35 - Returning a faulty car - MGspannerman

"You potentially have some comeback on some cars for 6 months but on most on most things you do not. It is misleading to imply people do."

I didn't. Having been on the seller side of the equation for some decades I am pleased to read that it protects the seller as well, that is not particularly evident from my perspective.

However I detest those dealers who knowingly sell defective vehicles, and those who don't face up to their responsibilities when they unknowingly do sell a car with a fault. Something that with the best of attention can sometimes happen.