Ask an expert

I purchased a car in August 09 from a Licensed Car Dealer and have since had to send it back due to peeling paint work and then a fault with the transmission which resulted it sitting in a workshop for nearly 2 weeks.

It is under guarantee and they gave me a courtesy car, but I am not happy and would never have brought it if I knew it had a fault. I have since rejected the car in writing to the car dealer under the Consumers Guarantee Act and still have their courtesy car.

What would my next step be?

Tracey

From the "Ask Jack" archives - 10 December 2009

Under the Consumer Guarantees Act the dealer must be given the chance to repair any mechanical faults. You cannot reject the car because of a particular problem unless it cannot be repaired to a required standard within a reasonable time frame.

If the dealer is providing you with a loan vehicle they could very well argue you are not being inconvenienced while the repairs are taking place and you have no grounds to reject the vehicle at this stage.

If the dealer is disputing carrying out the repairs at their costs then you may have reason to reject the deal and ask for a full refund.

By rejecting the car in writing you are running the risk of the repairs not proceeding and the dealer asking for the loan car back causing you more inconvenience.

I suggest you contact the dealer and ask them if they have read your letter and what their intentions are. If they are prepared to fix the car within a reasonable time frame and allow you to keep the loan vehicle then I believe you must let that process take place.

Keep a written and accurate account of what has happened to date and who has said what etc.