Author: Roxanne Bradley
Published: March 9, 2017
Reading time: 2 minutes
This article is 9 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
Another client recently won a case brought against them by a finance company.
It is now becoming more frequent that a finance company is quick to allow the consumer to reject the vehicle after months of driving a vehicle. This particular case, it’s fair to say the vehicle had definitely been around the block, the vehicle in question had covered over 100,000 miles and was over 9 years at the point of sale.
The consumer complained of a CD player not working, whilst a replacement component was offered, compensation or exchange of a different vehicle was all offered (being the proportionate remedy) these were refused. Whilst we argued the CD player did not render the vehicle not of satisfactory quality nor not fit for purpose, the finance company allowed the consumer to reject the vehicle after covering 7,000 miles and providing a full refund!
Not only did the finance company allow the rejection but they also refused the offer of our client to buy the vehicle back at a very fair price or re-sell the vehicle. The finance company sold the vehicle at auction achieving a substantial loss which they attempted to sue our client for!
The Judge not only chucked the case out but also ordered the finance company to pay our clients cost’s. A great and deserving outcome for our client.
