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: