Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.
Yes, you should claim your deposit from your credit card company. The dealer should give you a full refund and the finance should also be cancelled - they should do this because after 30 days of taking delivery, they only get one chance at repairing the vehicle and if that repair fails, you can legally reject the car and claim a full refund.
In terms of the law, which you have touched upon but I will outline it anyway, if you purchase a used vehicle from a dealer you have rights under the Consumer Rights Act 2015, which states that the vehicle has to be:
· of satisfactory quality in that it must not be faulty or damaged when received
· as described in that the vehicle must match any description given at the time of purchase
· fit for purpose in that it should be fit for the purpose intended
If the vehicle does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back.
The rights against the seller are:
1. Reject the vehicle and request a refund which must be done within 30 days of purchase or delivery.
2. Repair or replacement and this can be done within the first 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 you want to keep it, you 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.
You need to contact the dealer and demand your money back. You should also contact your credit card provider (they are liable for the deposit only). If the dealer refuses then I would advise that you report them to Trading Standards (tel: 03454 040506) and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.
Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute. I attach a template letter for you to use which will hopefully resolve the dispute.
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