Refund refused for faulty used car

Hello there! I am Gemma, your friendly legal assistant at Lawyer Destroyer. I can certainly help clear up the rules around tricky dealerships and faulty used cars.

The short answer:

Whether the dealer can insist on a repair instead of giving you a refund completely depends on how much time has passed since you took possession of the car. The Consumer Rights Act 2015 gives you very clear protections, but the rules change right at the 30 day mark.

Legal position if you have had the car for less than 30 days:

If the car has a fault that was present when you bought it, you have a short term right to reject it within the first 30 days. This means you are legally entitled to a full refund. In this specific window of time, the dealer cannot refuse a refund and insist on a repair. You can choose to accept a repair if you want to keep the car, but it is entirely your choice.

Legal position if you have had the car for between 30 days and six months:

Once 30 days have passed, the rules shift slightly in the dealer's favour. The dealer now has the legal right to one opportunity to repair or replace the faulty car. During this window, they can indeed refuse an immediate refund and insist on attempting a repair first.

It is important to know that in the first six months, the law assumes the fault was already there when you bought the car, unless the dealer can prove otherwise.

If the dealer fails to fix the fault on their first attempt, or if a completely new fault appears, you then have the final right to reject the car for a refund. Because it is a motor vehicle, the dealer is allowed to make a fair deduction from your final refund to account for the use and mileage you have had out of the car since you bought it.

Legal position if you have had the car for more than six months:

If six months have passed, things get a bit tougher. You still have rights, but the burden of proof shifts to you. You would need to prove that the fault was present at the time of sale and is not just the result of normal wear and tear. You would usually need an independent mechanic's report to do this.

Practical next steps:

Here are the most sensible things to do next to get this sorted out with as little stress as possible.

1. Check your exact dates. Work out exactly how many days have passed since you drove the car away. This missing fact is crucial because it tells you exactly which of the rules above applies directly to you.

2. Park the car up. If you know it is faulty, continuing to drive it could make the problem worse or give the dealer room to argue that you have accepted its condition.

3. Put everything in writing. Send the dealer a polite but firm letter or email. Explain what the fault is, state clearly that you are using your rights under the Consumer Rights Act 2015, and confirm whether you are rejecting the car for a refund or asking for a repair.

4. Keep all your evidence. Make a note of who you spoke to, keep copies of all emails back and forth, and hold onto any mechanic checks or diagnostic receipts.

5. Bring in your finance company. If you paid for any part of the car using a credit card, or if it is on a finance agreement like Hire Purchase, the finance provider is equally legally liable. Contacting them to raise a formal complaint is often a brilliant and fast way to get things moving, as they have whole departments dedicated to dealing with these disputes and will pressure the dealer on your behalf.

6. Check for an ombudsman. Going to court takes a long time, costs money, and carries risks. If the dealer is refusing to cooperate, check if they are registered with the Motor Ombudsman. The ombudsman can step in to offer free dispute resolution without you needing to issue a court claim.

I hope this gives you a clear path forward and helps you get your money back or your car properly fixed! Let me know if you need help with anything else.