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Marcinlondon
Marcinlondon, Solicitor
Category: Law
Satisfied Customers: 579
Experience:  Qualified Lawyer - 8 years experience
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I bought a brand new kia sportage from a local dealer on pcp

Customer Question

I bought a brand new kia sportage from a local dealer on pcp finance with a £5k deposit I paid. After 50 weeks the vehicle was found to have a major mechanical defect and they have now had my vehicle which I'm Still paying the finance on but cannot use for over 8 weeks. The parts are still on order and I do not know how long until I may get my car back. They have given me a loan vehicle but this is costing me a lot more in fuel as its doing over 100 miles less to a tank. I want to enforce my consumer rights for a refund as this repair is not within a reasonable time and without significant inconvenience to me. Can I do this?
JA: Where is this? And just to clarify, when was the purchase made?
Customer: It is in Braintree Essex and I bought the vehicle on/around 24yh July 2020 and they have had my car since 7th July 2021.
JA: What steps have you taken so far?
Customer: I have called them asking for a loan vehicle which will not cost me so much in fuel and they said I'm lucky to even have a loan vehicle as under their warranty T&C I'm not entitled to one and I have also now emailed saying I want a refund as the car is not fit for purchase and over 8 weeks is not reasonable and I'm at a significant inconvenience especially financially so I want a refund under my Consumer rights.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thats all thanks
Submitted: 14 days ago.
Category: Law
Expert:  Marcinlondon replied 14 days ago.
Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.
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Thank you for your patience whilst waiting for my answer.
Expert:  Marcinlondon replied 14 days ago.

Thank you for your patience, I am sorry to hear about this. They may be right in terms of their terms and conditions, but you do have some statutory rights under the Consumer Rights Act 2015, on “top” of your contractual rights.

According to the Consumer Rights Act 2015 the car you bought must be “of a satisfactory quality”, “fit for purpose” and “as described”.

Accordingly, you have a right to reject something faulty and you’re entitled to a full refund within 30 days of purchase. I understand that it has been more then 30 days in your case. This means that you no longer can reject the car. However, you can legally return it, provided they are unbale to fix it. I note they are still waiting for the parts, and you are incurring more costs for the petrol etc.

In this case, you could try to receiver this loss from them. Consider sending a letter before claim where you set out your loss i.e. calculate clearly how much each month you end up paying more for the fuel and inform that you will consider taking legal action in the small claims court should they ignore you / fail to comply with the terms of your letter.

If you have to issue a claim in the small claims court, just click here: https://www.gov.uk/make-court-claim-for-money

Expert:  Marcinlondon replied 12 days ago.

I trust this helps. Please let me know if you need anything else or if you have any questions.

Customer: replied 12 days ago.
Thank you. I did look at the consumer rights act and couldn't see anything in there that says I only have 30 days from purchase to return faulty goods. My question really is as this repair has taken so long and NOT without significant inconvenience to me, especially financially, am I within my rights under his act to request a full refund for my vehicle because of this breach. Also I believe the vehicle is not fit for purpose and of satisfactory quality under sec 9 (3) (a) as well as (d) safety and (e) durability. Your thoughts would be appreciated. Regards Kirsty
Expert:  Marcinlondon replied 12 days ago.

I understand. Consumer Rights Act 2015 (legislation.gov.uk) section 20.

In terms of your question, you don't have these rights (claiming compensation for direct losses etc) under the Act, but as a matter of law. The rights under the Act are in addition to the default rights you have under the law/ contract.