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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I purchased a used car recently and as the dealer was 100

Customer Question

Hi,
I purchased a used car recently and as the dealer was 100 miles away, I called them to check that various things had been done on the car that should have been. I asked if the cam belt, water pump & accessory belt had been changed (as it should be when it is 5 years old on this car and the car is 8 years old) and was told it had in 2014. I then put a £250 deposit down on my credit card. I went to the garage to collect the car the next day and paid the rest. About 2-3 weeks later a noise appeared from the engine so I booked it into a garage to be checked. I have been told that the noise is coming from the water pump cam belt area. I contacted the dealer (this was on day 29) in writing saying I was rejecting the car and wanted a refund. The dealer asked to come and inspect the car which they did two days ago and their mechanic agreed it is coming from the water pump / cam belt area. I cannot drive it as knowing this, if it completely goes it will write off the engine. The dealer has refused my rejection and have had their solicitor write to me to say they do not accept liability but as a gesture of goodwill they will repair it. They say I've done almost 1000 miles in it but their paperwork is wrong and I can prove it I have done 398 of which 100 were driving the car back from the dealer! Their solicitor also says I haven't proven a fault so there is no reason why I shouldn't drive it which is completely reckless advice. If they needed the fault 100% proven, they know full well 90% of the engine has to come out to get to the water pump so why didn't their mechanic do this? Because it's expensive! Do I have to pay someone to 100% say that the fault is this and if so where do I then stand? I feel like the garage are completely ignoring the consumer laws throwing their weight around with the solicitor contacting me. I have made contact with Barclays about doing a charge back but understand that this can take some time. Any advice you can offer would be appreciated. Thank you.
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

When did you buy?

Customer: replied 5 months ago.
14th May 2016 & I rejected the car in writing on day 29
Expert:  Jo C. replied 5 months ago.

OK. you do have to prove that a fault exists before you can access the right to reject under the Consumer Rights Act. That is the point that the solicitor is making and that is right in law.

Once you get over that hurdle though you would be entitled to reject.

This will turn upon the issue of whether you can prove a fault. I suppose there is no way of doing that without incurring cost.

If you aren't prepared to do that then their offer of a repair might be an option.

Can I clarify anything for you?

Jo

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