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Old 22-06-2004, 23:14   #17
Graham
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Re: what a night!!!!!!!!

Quote:
Originally Posted by Chimaera
I'd contact the main dealer and reject the car I think - IIRC you can do that under some new consumer laws that came out a while ago?
The Sale and Supply of Goods to Consumers Regulations 2002.

You have the legal right to choose repair, replacement, partial or full refund or compensation if a fault appears within 6 years (5 in Scotland) and it is reasonable for the goods to last that long.

The goods or item must have been faulty at the time of purchase, however the onus is on the retailer to prove that they were *not* faulty when bought.

The retailer *may* be able to argue that you have "accepted the goods" after a "reasonable time" (which is very dependant on what the item is, and for a car is almost certainly longer than two months!) but that does not absolve them from their obligations under the Sale of Goods Act that goods must not only be "of satisfactory quality" but also "fit for purpose".

One other useful point: If you bought the car with a credit card or under a finance agreement, the card provider or finance company is jointly and severally responsible for the quality of the goods supplied, so if the retailer won't budge, you can always try side-stepping them and going for the credit company!

Frankly if I'd already had these problems, I would tell the retailer that I was rejecting the car as unfit and demand your full money back, plus compensation for time wasted, needing to hire cars etc. (You may not be able to get the latter back without going to Small Claims, but they're a good negotiating tool because you can offer to drop them if they'll refund/ replace the car immediately...!)
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