If you are stuck in such a situation, here is what to do.

Mr. Patel purchased a five-year-old hatchback for £7,500 from a dealership, “Premier Auto,” early this year. The car came with a new MOT and was supposedly serviced. Within ten days, the engine management light appeared, accompanied by a strong smell of fuel. Mr. Patel returned the car, and the dealer stated they performed a diagnostic check and reset the system, assuring him the issue was resolved.

A few weeks later, the same light reappeared, but this time the car began emitting vast clouds of white smoke. The coolant level also repeatedly dropped, triggering warning lights. Premier Auto took the vehicle back for several days, claiming to have fixed a fault with the emissions control system. The problem seemed to disappear, but only for a short while.

The issue of excessive smoke returned a third time, far more severely, creating a hazard for other drivers. Mr. Patel returned the car again, formally notifying the dealer that if another fault occurred, he would reject the vehicle under his statutory rights. The dealer replaced a component in the exhaust system and returned the car.

For two months, the car ran, but the coolant issue persisted, and the oil level dropped significantly, despite the car having supposedly been serviced twice. Last week, the engine light came on for a fourth time. The engine began running very loudly and shaking violently. Furthermore, the vehicle’s automatic stop-start system failed on multiple occasions, and a new hissing sound was audible after switching the engine off.

Mr. Patel emailed Premier Auto, stating he was exercising his final right to reject the vehicle under the Consumer Rights Act 2015 and requested a refund. He offered to accept a partial refund of £6,000 to account for some usage, even though not legally required. The dealer responded that they would need to conduct their own assessment before making a decision. Mr. Patel dropped the car off, reiterated that his position was final, and gave the dealer a deadline of 48 hours to process the refund.

Advice in such cases

When dealing with a persistent fault in a recently purchased vehicle, it is crucial to act methodically. Keep a detailed log of all faults, conversations, and repair attempts. All communication with the dealership should be in writing (email or letter) to create a clear paper trail. Be firm, clear, and reasonable in your correspondence, stating the legal basis for your claim and the remedy you are seeking.

Consult with Lawyer

The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of 100 GBP to 400 GBP depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored.

Applicable Sections of Law

The primary legislation governing this situation is the Consumer Rights Act 2015 (CRA 2015). The key provisions are:

• Section 9: Satisfactory Quality. Goods sold must be of a standard that a reasonable person would consider satisfactory, taking into account the price, description, and other relevant circumstances. This includes their durability and freedom from minor defects.
• Section 10: Fitness for Purpose. The vehicle must be fit for the general purpose for which cars are used.
• Section 23: Right to Repair or Replacement. Within the first six months, the consumer has the right to request a repair or replacement if the goods are not of satisfactory quality. The trader must perform the repair within a reasonable time and without significant inconvenience to the consumer.
• Section 24: Final Right to Reject. If a repair or replacement is unsuccessful, or if the trader fails to provide one within a reasonable time, the consumer has a ‘final right to reject’ the goods and claim a refund. Only one opportunity to repair or replace the faulty item is required. If the fault persists, the right to reject can be exercised.

If you are the complainant

You must formally notify the dealer in writing that you are rejecting the vehicle and state the grounds for your rejection (i.e., breach of your statutory rights under the CRA 2015). Your letter should clearly state that the vehicle is available for their collection. If they do not respond or refuse to provide a refund, your next step is to send a formal ‘Letter Before Action’, which is a final warning that you will commence court proceedings if the matter is not resolved within a specified period (typically 14 days). If this fails, you can issue a claim via the County Court’s online portal, likely on the small claims track.

If you are the victim

As the person who has purchased a faulty vehicle, your priority is to stop using the car if it is unsafe and mitigate any further issues. Ensure the vehicle is stored securely. Do not allow the dealer to pressure you into accepting endless repair attempts. After one failed repair for a specific fault, you are entitled to move to the final right to reject. You are not obliged to accept a credit note or an alternative vehicle. Your right is to a refund.

How the police behave in such cases

The police will not intervene in such matters. This is a civil dispute concerning a breach of contract and consumer rights, not a criminal offence. The issue is to be resolved between the buyer and the seller, and if necessary, through the civil courts. Police involvement would only be considered in clear-cut cases of fraud, such as knowingly selling a stolen vehicle, which is not the situation here.

FAQs people normally have

• Can the dealer force me to accept another repair? No. Under the CRA 2015, after one attempt at repair or replacement has failed, you are entitled to exercise your final right to reject.
• Can the dealer make a deduction for use? If you exercise the final right to reject within the first six months of ownership, the dealer must provide a full refund. They cannot make a deduction for use. A deduction may only be applied if the rejection occurs after six months.
• What if the dealer ignores my rejection? You should follow the pre-action protocol for civil claims, which involves sending a Letter Before Action and then, if necessary, initiating a claim in the small claims court.
• Do I need an independent expert’s report? While not mandatory at the initial stage, an independent report from a qualified mechanic is extremely powerful evidence. It can validate your claims and will be highly persuasive if the matter proceeds to court.

What evidence is required?

To build a strong case, you will need to gather comprehensive evidence, including:

• The original sales invoice and any finance agreements.
• A copy of the advertisement for the vehicle.
• All job sheets, invoices, or acknowledgements from the dealer for the repairs they attempted.
• All written correspondence between you and the dealer (emails, letters).
• Photographic or video evidence of the faults (e.g., smoke, warning lights).
• A report from an independent, accredited mechanic detailing the vehicle’s faults and confirming they were likely present at the time of sale.

How long will the investigation take?

This is not a formal investigation in the criminal sense. The timeline for resolving the dispute depends on the dealer’s cooperation. If they accept the rejection, it could be resolved in a matter of days or weeks. If they refuse and you must resort to court action, the process can take several months. The small claims process is designed to be relatively swift, but it can still take 6-9 months from issuing a claim to a final hearing, depending on the court’s schedule.

Advocate Sudhir Rao, Supreme Court of India