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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71034
Experience:  Over 5 years in practice
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If I wish to reject a used car which I bought on 30th June

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If I wish to reject a used car which I bought on 30th June last, how much time do I have?
Thank you.

Thank you for your question. My name is ***** ***** I will try to help with this.

Did you agree a cooling off period please?
Customer: replied 3 years ago.


Customer: replied 3 years ago.

No, unfortunately I did not. But the car has potentially serious problems and is only one year old.


Whats the basis for the rejection please?
Customer: replied 3 years ago.

Near side front wheel are has grinding noise and after car is stopped at a junction or roundabout it almost stops then starts with a severe jerk. I have notified their sales that if I do not get satisfactory answers I will reject the car. It was sold to me as up to ford direct standards.

I do completely see why you are aggrieved over this but ultimately we are all hampered by the law to some degree.
This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ʻfit for purposeʼ. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasnʼt an insignificant price. Clearly it is faulty.
You do have to reject anything you purchase under the SGA which has a fault if you have not already ʻacceptedʼ it. What it means to ʻacceptʼ an item depends on the nature of the purchase, the price of the item, the length of time youʼve had it. There is no set time period but the sooner you act the better.
There does have to be a fairly catastrophic fault though to be serious enough to reject a secondhand car.
The fault was, however, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.
You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate. He is probably relying on the latter.
However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.
You do seem to be describing nearly a month long repair which is significant so you could try to claim a refund on that basis.
Ultimately if they refuse though, they cannot be forced to provide you with an exchange. All you can sue for is damages in default.
Hope this helps. Please let me know if you need more information.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I specifically bought this car as my husband has Mixed Dementia and severe degeneration of the spine and the Ford B-Max seemed ideal. I live in Northern Ireland but bought this car in Wokingham as they are very difficult to find Nationwide. My daughter lives in Wokingham and only collected the car last Monday 30June. She was to drive it across to me next Thursday 15th June and has already booked the ferry crossing.

Are there any other steps I can take?

You can always complain to trading standards. That might achieve something.
Customer: replied 3 years ago.

Thank you so much.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.