Catching the Storm – or Catching a Cold? The Importance of Actual Rejection


The customer had simply left it far too late to reject and that her continued usage of the car was her legally accepting it with the alleged defect.

Author: Jason Williams
Reading time: 2 minutes

This article is 6 months 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.

One of our clients recently had a court claim for over £10,000 for rejection of a car purchased in May 2019.  It was alleged that the car had an embryonic and inherent defect in the paintwork.  The Claimant says this became obvious in November 2019. Despite this, the Claimant chose not to reject the car and carried on racking up the miles.

In September 2020, one of Lawgistics’ perceived competitors (who also act for consumers) sent our client a Letter of Claim and a draft Particulars of Claim.  Again, this was not including rejection, only a claim for £7000 for repairs.

However, in December 2020, the actual court claim came in – demanding only a full rejection and nothing else.

We advised our client to go for a Summary Judgment.  This is an Application to the court, inviting it to conclude that the claim was so unlikely to succeed that it should not proceed to a full and expensive hearing.

It was argued that it took over a year after the alleged defect manifested itself for the Claimant to reject the car and, that even some 10 months after the alleged defect became visible, the Claimant was asking only for repair not to reject.

It was also argued that the Claimant had simply left it far too late to reject and that her continued usage of the car was her legally accepting it with the alleged defect.

The Application for Summary Judgment was successful and the claim was dismissed as was the Claimant’s plea for permission to appeal.

The Claimant was ordered to pay our client over £500, comprising the cost of making the Application and the fee for the advocate’s telephone court attendance.

If you want the best legal advice from a company who only advises the motor trade and not consumers, call the Lawgistics helpline on 01480 455500.

Jason Williams

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.