How Can I Reject My Car?
10 July 2023
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Estimated reading time 4 minutes
Conversations about a refund for missold or faulty motor car usually start with: “I want to sue a car dealer”, or “I want to reject my car,” followed by “I’ve looked online and I know my rights and the car is not fit for purpose and not of satisfactory quality but the dealer won’t refund me.”
A quick look at the correspondence between the car buyer and seller usually reveals the reasons why the car rejection and request for a refund has fallen on deaf ears.
The problem is the majority, if not all, online articles and web pages for anything surrounding the rejection of a new or used car bought from a dealer fail to explain that rejection is not a course of action but a legal remedy for breach of contract.
Therefore, unless the breach of contract complained of is properly expressed and evidenced, uttering the words, “I want to reject my car” or “I want a refund”, amounts to no more than a request, or wishful thinking, rather than initiating your statutory rights.
This is the result of a misinterpretation of the rules of evidence and a misconception that the Consumer Rights Act (CRA) creates an exception to the rule that the claimant bears the burden of proving their case on the balance of probabilities: it doesn’t.
What the CRA does do, is to make liability in applicable contract(s) ‘strict’.
This means that if the vehicle does not ‘conform’ (complying to the rules, standards or law) to the contract within 6 months from delivery, [ ie it is faulty, misdescribed, prematurely fails etc] and there is evidence of the lack of ‘conformity’, the dealer is liable [unless the seller can provide evidence to the contrary.]
Importantly, under consumer law, you have the right to reject a car, and if you need expert guidance, a consumer rights lawyer to reject a car can help ensure you follow the correct procedure and gather the necessary evidence.
What is Evidence?
Evidence is something which makes a fact in issue more or less likely. A dashboard warning light is not evidence of the car being faulty but notifies the driver of the need to submit the car for diagnostic testing, which is precisely what you should do.
The resultant scan of the vehicle control unit will likely reveal on board diagnostic codes, which guide the garage to the parts of the vehicle which require checking and eventually to a proper diagnosis.
Not all issues will require guided fault finding. but may instead be revealed by a physical inspection by a garage or fast fit centre, but nonetheless, some documentary proof of the fault is required.
Breach of Contract
Once you have the evidence it will support [or not] the dealer is in breach of contract and in turn allow for a determination of whether you are entitled to a repair or a refund.
If the car dealer has already carried out a repair and the vehicle is still faulty, then they will have failed to remedy the breach of contract giving rise to the right to reject and refund
How Can I Reject My Car?
While you can obtain online a template letter rejecting a new or used car bought from a dealer from the likes of Citizens Advice, Which Magazine and Trading Standards, they tend to lack the key elements of breach of contract, and car dealers and their lawyers know it.
The way to reject a car is prepare a letter or email which consists of 3 distinct paragraphs.
The first paragraph should set out the contract information.
The second paragraph should set out the elements of the breach of contract.
The final paragraph should explain what the car dealer needs to do.
Something like this: insert the relevant details about the car etc
RE: Ford Focus registration number AB22 XYZ
As you know I bought the above vehicle from you for £10,500 on 1st April 2023. You described it as having full service history and fault free.
You also know on 5th May 2023, the engine failed, and it was revealed the Vehicle does not have full service history, in breach of contract.
As a result, you are required to pay to me £10,500 within 7 days of this email. Once the refund is received, the car will be available for collection.
If the car dealer does not accept your rejection of the car, call The Car Lawyer on 0333 700 7676 for initial free advice.
About Philip Harmer
Philip is a motor vehicle expert, having spent over seventeen years as an independent motor dealer. Through buying, selling, and repairing thousands of vehicles, he developed detailed make- and model-specific knowledge, including the characteristics, known issues, and vulnerabilities that commonly affect vehicles at point of sale. He brings this experience directly to bear when advising clients on car sale disputes, misrepresentation, and rejection claims.
He regularly advises on car sale disputes, vehicle rejection claims, and used car complaints.
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