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Rejecting a used car (Jaguar XJ6)

Home Forums Any Other Business Rejecting a used car (Jaguar XJ6)

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This topic contains 1 reply, has 2 voices, and was last updated by Stuart Masson Stuart Masson 1 year, 6 months ago.

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  • #128687 Reply
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    Barry T

    Hi Stuart
    I bought a 2003 Jaguar XJ6 in January and part-exchanged my old car and paid a balance of just under £4k.
    I appreciate this seems a lot but the car was immaculate and very low mileage (64,000) for its age.
    I was given a new MOT with no advisories but when I checked all the paperwork later on, I saw that there had been quite a few advisories on earlier MOTs and some fails, so I was surprised there were none at all showing.
    I took the car to my local MOT garage who checked it over and, in their opinion, there were at least 8 items that could have shown up. I got back to the dealer, who said all MOT testers are different but he agreed that I should take it to an “unbiased” garage which I did (it was a Jaguar main dealer) and the car failed.
    Under the terms of the Consumer Rights Act 2015, I have asked for my money back and if possible, my old car which they still have. They have refused to give me my money back but said I should get the parts repaired and they will pay, but I have rejected that as I don’t intend to accept the car and I certainly won’t spend more money and chase the dealer for that.
    If the car has failed its MOT, the DVSA say the car is unroadworthy and I maintain that even though the car is 15 years old, the car should be roadworthy however old the car is. On that basis, I am pushing for a full refund. Do you agree?
    If the dealer still refuses, it seems that my only recourse is legal action as I have a car on my drive which is unroadworthy and a dealer who has no intention of picking it up.

  • #128709 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    Hi Barry. It does sound like you have a valid case to reject the car under the Consumer Rights Act.

    Under the terms of the Act, you would be entitled to a full refund of the purchase price. There is no obligation for the dealer to give you your old car back and a bit less cash.

    If the dealer is refusing to accept your rejection (which needs to be provided formally – ie; in writing), then basically it’s up to you to pursue the matter with the help of a lawyer.

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