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On the 9 Dec  I purchased a car from a dealer through hire purchase, the car is 2 years old and had a advertised mileage of  17000 .

 

The salesman informed me that the odometer was faulty, but I could take the car and arrange to have it done at my local Vauxhall garage, as the car was still under warranty and if Incurred any cost they would pay. I did this,only to be told that the instrument panel did not belong to that car and it was second hand.

 

Vauxhalls told me that they had to email Germany to get permission to reprogram the car,it was granted.

 

After they had reprogrammed the car they informed me that the actual mileage was over 34000, I am in the process of rejecting the car.

 

The dealer has admitted the car was mis sold and it was mis sold to him by his supplier.

My main concern is that I will be the loser as the finance company will be reimbursed and he will from his supplier.

 

I will be without a car and I will have to reapply for finance with no guarantee of getting it. I will be rejecting under the 6 month rule

 

Any advice please

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Firstly, you don't need to worry about the so-called "six-month rule". The consumer rights act simply complements the existing law contract. It adds to it, it clarifies it – but it doesn't take anything away from it.

Not only that, even within the consumer rights act, the most important provision is that the goods you buy are of satisfactory quality and that they conform to their description.

If you have bought a vehicle expecting it to be low mileage – only 17,000 and in fact the mileage turns out to be double – 34,000, then I would say that it is not of satisfactory quality. Also, it doesn't conform to its description.
It is impossible that this vehicle could be repaired in order to return it to its expected satisfactory condition because you can't undo the mileage don't wear and tear. Furthermore it doesn't conform to its description and nobody will be able to undo that either.

On that basis it seems to me that this is what is known as a fundamental breach of contract – which is a breach so serious that it essentially undermines the purpose of the contract – and it amounts to a termination by the seller and it is up to you the innocent party to accept the termination and to consider that the contract is at an end.

This then gives you the right to recover all of the losses which you have reasonably incurred as a result of the seller's breach of contract. You have bought this vehicle using finance – and I'm assuming that it is alone and under section 75 of the Consumer Credit Act, the finance company are fully liable to you in exactly the same way that the supplier is liable. In other words, their financial liability to you are mirror images of each other.

You say that you are in "the process" of rejecting the car. I don't understand what process there is. You simply write to the supplier – copy it to the finance company – and tell them that the contract is at an end because they have breached it in a very serious way and you want to know what arrangements are being made for returning the car. I think that you should also point out that in the interim period you will be without a vehicle and that it would be in their interests to provide you with a loan vehicle until such time as you can source a replacement. Frankly, if you trust the supplier – and if the supplier behaves in a responsible way, this may be the time to negotiate a new vehicle from the supplier – and no doubt this time they will be far more careful about what they supply you.

I think it will be worth pointing out to the supplier that if he will not provide you with a reasonable loan vehicle that you will incur costs in respect of a hire vehicle or some other arrangement and that you will look to them to reimburse you all of these expenses. Once again, you should send a copy of this to the finance company.

Separately you should write directly to the finance company and put them on notice as well that the finance agreement is at an end because of the fundamental breach of their client. Because they are a finance company, don't expect them to be especially cooperative so I would tell them immediately that if there is any hint of a lack of cooperation that you will begin an immediate complaint to the FOS – but you may decide to proceed direct to a county court if you feel you have to.

Have you contacted anybody about this? We could all be jumping the gun because maybe you haven't even brought it to the attention of the dealer and you don't know what the dealer's attitude is.

In all letters, make sure that you copy the letters to the garage to the finance company and those to the finance company copy to the garage – so everybody knows the extent of the trouble you are making about this.

Finally, why haven't you told us the name of the garage? Are you trying to protect them? What is the name of the finance company? Are you trying to protect them?


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