Dealer refuses to fix car fault 31 days after purchase

[Claire Gibson]

I have purchased a used car from a dealer. After 2 weeks the engine lost most of its oil. After topping up the same happened but no leaks apparent. local garage diagnosed internal engine fault so contacted seller for repair. 31 days had elapsed since purchase.
The dealer claims the fault is faulty exhaust valve and claims this is fair wear and tear and requests I collect the car as he is not liable.
I have e-mailed him to advise that as it was unfit for use and based on his refusal to repair it, unless he offers a full refund I will begin legal proceedings.
My main question is do I need to collect the car as he requests or can I refuse to on the basis that I have rejected it. Is he then responsible for road fund licence etc if he puts it in the road? Any advice would be great. Thanks.

[des8]

Re: Dealer refuses to fix car fault 31 days after purchase

Is the vehicle with the dealer, or with your local garage?
As you rejected it, and he has failed to repair it, if it is with the dealer I would leave it there, and tell DVLA you are no longer the keeper.
If with your local garage, I would collect it if drivable. Keep locals sweet! Dealer will have to collect from you at his cost.
CRA 2015 S 20 (8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

[Claire Gibson]

Re: Dealer refuses to fix car fault 31 days after purchase

Thank you very much.

[Claire Gibson]

Re: Dealer refuses to fix car fault 31 days after purchase

Thank you very much. It is with the dealer.

[meellis]

Re: Dealer refuses to fix car fault 31 days after purchase

An ex car dealer friend of mine told me last week it was getting difficult in the trade because there is a legal duty now to warranty used vehicles for six months if you are a trader. Unsure when this came in , recently though, but it might be worth trying to source some details if any legal battles ensue.

[des8]

Re: Dealer refuses to fix car fault 31 days after purchase

I suspect he was referring to liability of dealer to offer a repair or refund if vehicle rejected in first 6 months after purchase (CRA 2015)
Effective 1 Oct 2015.