i bought a car from a dealer 02/08/12 gave my present car as part ex and took out a hire purchase agreement through the dealer.Recieved car same evening went on a trip out noticed water temp in red and no water in radiator. took back to dealer next day he repaired and i went out in it within 15 mins noticed large amount of water leaking fom car took back and said i want my old car back and do not want this one its not in suitable working order he refused to let me have my old car back said i could not. This is only 2-3 days since i got the car can i cancel the hp fince and get my original car back ??
System of Law: England-and-Wales
talked to car dealer he refused to give me my car back
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.I am sorry but probably not. Thats not to say you don't have other rights but you cannot reject it on this basis.I imagine this was a deal done in store so the distance selling regulations will not apply. That will mean you will not have automatic cooling off rights.You may have cooling off rights under the contract. If you do then you should use them as that will allow you to cancel.If there are none then you will have to drop down under the Sale of Goods Act.The SoGA give you rights to demand that this is fit for purpose. Clearly it is not. However, the question is remedy. Case law has developed in such a way that it is very difficult to reject a second hand car. You pretty much have to show that its falling apart. A water leak is not sufficient I'm afraid. You have rights to demand a repair though. And you are only under an obligation to give them a reasonable time to perform the repair. If they do not then you can reject it. But you have to give them reasonable chance.I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.Hope this helps. Please remember to rate my answer either OK SERVICE or above and then I will give you related information for free.
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