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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68925
Experience:  Qualified Solicitor
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I signed for a car on finance 16th oct, I collected the car

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I signed for a car on finance 16th oct, I collected the car on the 26th it then broke down on the 29th and has been with the dealership since, I told the dealership on the 30th I did not want the car, I told the broker that I did not want the finance and I am now being told by the finance company that I have to collect the car and I have no rights. The dealership have reported there is nothing wrong with the vehicle, however I don't feel safe driving this car due to the nature and location of the breakdown plus the service of everyone involved, what are my options
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: as above and no
JA: What steps have you taken so far?
Customer: I have spoke to the broker, who wont help further, the finance company are adamant that I have no rights and I have logged a complaint with the financial ombudsman. Please note that I have not been in possession of this car since oct 29th
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that's all for now

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 6 months ago.
that's fine

What was the issue with the car? Why did it break down?

Customer: replied 6 months ago.
there was an issue with the EGR valve which was removed by an RAC mechanic at the roadside to make the car driveable
the dealership have reattached this and stated that theres nothing wrong width the vehicle

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. When a person buys a 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.

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. You say you rejected it within the initial 30 days and as long as any of the above conditions were not satisfied, you should have been able to reject it, even if the seller did not acknowledge this or implement your request at the time.

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 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?

Customer: replied 6 months ago.
I have told them within 14 days that I didn't want finance or said vehicle. The dealership are refusing to refund the finance company as they have provided a report stating there is nothing wrong with the vehicle, does it matter that that report we after the breakdown? Before I right to them?
Customer: replied 6 months ago.

For you to have been able to reject the vehicle it must have failed to meet at least one of the three requirements I mentioned earlier. If they have provided a report which proves there was nothing wrong with it at the time you tried to reject, they can rely on it even if it was issued after the rejection. Does this clarify things a bit more for you?

Customer: replied 6 months ago.
I think so, so just just to clarify I have every right to reject this, based on the breakdown and the fact the car has been at the dealership since the date of the breakdown? Apologies if these seem like silly questions.

No such thing as silly questions on here! If the car broke down within the first 30 days of purchase AND you also made the request for as refund within that time, then you can still rely on that to push for a refund now, even if they did not deal with the request at the time. The only time they can deny that is if they can prove that when you tried to reject it, there was nothing wrong with the car. So any report they produce now can only be used if it relates to the condition of the car at the time you rejected it. Hope this clarifies

Customer: replied 6 months ago.
it does thank you, ***** ***** email the finance company and inform them of the above, thankyou for your help!regards

All the best

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