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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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I purchased a vehicle from a commercial motor dealer in November

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I purchased a vehicle from a commercial motor dealer in November 2010 In good faith that all was correct with the vehicle (a Nissan pick up) I am now making enquiries to change this vehicle and a dealer I am considering buying from carried out an HPI check and discovered that there was outstanding finance on the Nissan pick up . The question is do I have recourse to the supplying dealer full refund of the original invoiced amount or is there another route that I can take?
Thank you question. My name is ***** ***** I will try to help with this.
Did you agree cancellation rights?
Customer: replied 3 years ago.

I purchased the vehicle in good faith that it was mechanically sound with an mot. However some time after mechanical problems arose which the dealer paid I informed him that I would take action under the Sale of goods act this was within 6 mths of purchase and that was the only contact I had with him since purchase . We did not discuss cancellation in my recollection at the time.

I am really sorry but I cannot give you good news.
If this was November 2010 then you have no claim refund of any kind even if you had agreed cancellation rights I'm afraid.
In terms of a sale of goods act claim, you are surely well outside of the first six months of sale? If you mean that you complained about any faults within 6 months then it might be that you could try to revive that complaint now but the delay will not be appreciated by a court I'm afraid.
EVen so though, it would not entitle you to a refund unless the vehicle was literally falling apart. All you would be entitled to is a repair realistically. There are circumstances where you can exchange or reject and demand a refund but usually that has to be done within a very short time of the sale and even then it can be avoided if a seller can show that it is disproportionately expensive compared to other remedies.
I'm very sorry but I can only give you truthful information.
Can I clarify anything ?
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