MyPalAl

Rejecting a New Car (Other side of the fence)

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Advice needed please.

Been in the trade a lot of years, and feel that I know the Consumer Rights Act 2015 inside out. However.....

Bought my wife a new car in September. In December the car cut out as she was pulling onto a fast moving dual carriageway. Managed to pull onto the verge, very shaken up. The RAC came and it had three fault codes; Clutch switch signal consistency, Rail pressure regulation function and Clutch solenoid valve circuit 1. Car taken into to supplying dealer, who had it for 3 days, computer on, cleared the fault codes, road tested it and then returned it.

I drove the car as she wouldn't drive it until I was confident it would be ok (early January). In February, the EXCACT same thing happened; accelerating off a slip road onto a dual carriageway and it cuts out. Both times EML comes on with 'Check Injection System'. RAC again come out and this time there are two fault codes; Rail pressure regulation function and 'Unknown' but had exactly the same code as previously (Clutch solenoid valve circuit 1). This time the fuel rail, seals and sensors were replaced.

As both situations had potentially catastrophic endings, we decided that we were going to reject the car under the CRA 2015 'one shot rule' as it was in the first six months and as both times the faults were exactly the same, with the same fault codes.

However....the manufacturer has rejected my claim as they say that the first time it was in the dealership no repair was undertaken, and there has only one repair carried out which was the one attempt that they are allowed under the CRA 2015.

Are they right? As I say, I feel that I know the CRA 2015 inside out (I need to, I sell 350+ used cars a year), and feel that they are fobbing me off. I find that going about these things in a calm and polite manner usually gets the right result  in the end, but they are digging their heels in and flatly refuse my rejection. I feel that I am 100% within my rights as it is not our fault that the dealer didn't replace any part on the first visit, which could have prevented the second breakdown.

Who is right? If it is me, what is my next course of action/who should I contact etc?

Thank you for taking the time to look at this,

Cheers.

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I assume the resetting of the fault codes constitutes a repair or why road test it?

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if you have legal protection on your motor trades insurance then ring them for advice,car sounds like a vauxhal

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14 hours ago, andymc1973 said:

I assume the resetting of the fault codes constitutes a repair or why road test it?

Good point. That is how I see it as well.

Thanks for your input.

13 hours ago, s and b said:

if you have legal protection on your motor trades insurance then ring them for advice,car sounds like a vauxhal

Thanks for your post, that is a very good point.

I am not sure TBH, I have never needed to use it before but I have emailed my rep to find out.

Cheers (But it isn't Vauxhall)

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