I purchased a car roughly 6 months ago from a main

thank you. From what you say, the car is not of satisfactory quality and may not be fit for purpose as there is an inherent fault either with the engine or engine management system and this Fault has re-occurred now twice.

following the date of your purchase, under the consumer rights act, you have a period of 30 days to reject the vehicle if there are any faults. after that period, which is clearly expired in this case, you still have rights however as follows: the faults occur after the initial 30 day period, you are required to provide the dealer with one opportunity to repair any fault. The dealer may choose to repair or offer replacement or refund at its discretion. if the dealer fails to repair the vehicle or repairs the vehicle at the fault re-occurs again as is the case here, there is no requirement thatt you offer the dealer another chance to fix the fault though you can do so if you wish. The reason I asked for such precision as regards ***** ***** you have asked them to fix the car, is because if you have given another opportunity, you would be bound to allow them that second opportunity to fix. however, what you say, you have not agreed to allow them a second attempt.

during the first six months, any faults are automatically assumed to be inherent and the responsibility of the dealer unless they can prove you have damaged the car. After the first six months, the position reverses and you must prove on the balance of probability that any faults are not the result of damage. Because you are within the first six months, it is for the dealer to prove otherwise if you claim there is a fault as they have already have an opportunity to repair, you can now serve them with notice of rejection under sections 20 and 24 of the consumer rights act 2015 and that you wish to make arrangements for a full refund issued. the dealer is entitled to make a deduction from any refund to take account of any actual use you have had from the vehicle. Any deduction must reflect actual reduction in value and the dealer cannot profit from this right. By contrast, you are able to claim any consequential losses you can show you have suffered as a direct result of the faults. This could include costs of returning the vehicle to the dealer such as fuel, costs of arranging alternative transport whilst he did not have the vehicle and so on

The notice does not have to take any specific form providing it is unequivocal and clear that it is a rejection. You do not have to mention the above legislation though it is no bad idea. You should keep evidence of the notice that you sent, for example by email or evidence of posting.

If the dealer refuses to refund the purchase monies, you can contact your credit card or bank to request a chargeback if you paid by credit or debit card. If you pay by bank transfer, and no part of the payment by credit card, you may need ultimately to consider issuing a claim in the County Court for recovery of any further funds but hopefully the dealer will reluctantly accede to your request.

if you are forced to consider issuing a claim in the County Court, the simplest way to issue proceedings as online using the following link:

https://www.gov.uk/make-money-claim

as a consequence of breach of contract, you are entitled to claim reasonable consequential losses which you can demonstrate you have suffered as a direct result of the breach of contract. This can include loss of earnings if you can demonstrate that these losses were a direct result of the breach of contract but it must be considered that you have an obligation to mitigate any losses you suffer. So for example, in respect to the question of loss of earnings by way of example (and I do not suggest any of this is the case but merely offer it by way of illustration): if you decided to sit at home as a consequence of the car failure because hirign a car would exceed the cost of a hire car and insurance then you could claim the loss of earnings you suffered as a result of not being able to work. However, if your typical earnings are higher than the reasonable cost of hiring a replacement temporary vehicle, then to mitigate your losses, you would need to consider hiring a vehicle so you could work and whether you did or not you would be limited to the reasonable cost of hiring a replacement vehicle because this mitigates your losses.

I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

thank you. If there is a finance company involved as well, and you should consider serving the written notice of cancellation ( remember a cancellation notice should be made in writing not just verbally) upon the finance company to. The finance companies jointly bound by the same consumer legislation we have discussed above. The reason this is important as it is important that any finance contract you have agreed is also cancelled along with the purchase of the car

No providing you continue to make payments until such time as the matter is resolved

I do not suggest you should serve a separate cancellation notice on the finance company. Rather, you need to serve a written notice of cancellation or rejection as we discussed above under the consumer rights act on the dealer but copy that notice over to the finance company so they are aware of the issue. As and when the car is returned which would hopefully be by way of agreement rather than the need for court action, the finance agreement is also cancelled along with any outstanding finance. what happens in practice as the dealer would have to repay the finance company but that is a matter between them and does not need to concern you

reasonable deduction would usually be calculator by reference to the difference between what you paid for the car originally and the replacement cost of the car in its present condition and mileage. Evidence in this respect can be gathered by way of comparable is along the lines you have done from the sounds of it

your contract is with the dealer and has nothing to do with the manufacturer. The only basis to refuse the rejection is if they can prove you damage the vehicle or the faults you claim are present don't exist. They of course are free to take the matter up with whoever they acquire the vehicle from, presumably the manufacturer but that is entirely separate and your rights to a refund and not contingent upon any discussions with their supplier.

We have discussed this now I believe - sorry for not tying the two together.