19 February 2018 at 4:29 pm #128687
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.
20 February 2018 at 2:53 pm #128709
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.