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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 56585
Experience:  Qualified Solicitor
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I have bought a car on the 3rd of December which in that

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I have bought a car on the 3rd of December which in that same month I found out that there was no engine light in.
Assistant: Where are you? It matters because laws vary by location.
Customer: United Kingdom, London
Assistant: What steps have you taken so far?
Customer: I have contacted the dealer which put back the engine light however the engine light was illuminating indicating a fault which he said will repair in 2 weeks time to buy the part. I went for him to place that part and he did however upon getting to London engine went back on. I have taken it to an independent garage which found many faults in the car as it started to overheat and became completely useless. I have contacted the warranty and they covered some of the essential repairs. The car still presents issues with other components in the car that clearly are not due to wear and tear. The dealer refused to help. I contacted the finance company they held an investigation and now they are telling me that I do not have the right to reject the car however under the consumer rights act 2015 is stating that I have the right to reject a car if it is not fit for purpose which is exactly what it is now. I was sold the car under the pretence than the car is in great condition and now the finance company refused to help in rejecting the car and asking me to pay 2 pounds/ per mile to tow the truck away to the dealer to conduct his own diagnosis?
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Yes I want to move to reject the car as I am paying one too many expenses on the car and I can't physically even use it.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did you advise the dealer you wanted to reject the car?

Customer: replied 2 months ago.
I advised the finance company of the rejection of the car about 3 weeks ago which they replied back today claiming I cannot by law reject the car because I'm within my first 6 months
Customer: replied 2 months ago.
Do I have to call?

Also what you have been told is wrong. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

The rights against the seller are:

1. Reject the vehicle and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if the consumer wants to keep it, they can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase.

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the car were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

Based on which option you are wishing to exercise, you must contact the seller (in this case the finance company) and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you very much for your time. This does answer my query.

you are most welcome