Am I entitled to a refund?

Honest John Back Room » Motoring discussion
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Sat 11 Oct 2003 19:34
Am I entitled to a refund? - Inca
Hi - I bought at 52 plate Fiat Punto 5 weeks ago. After less than 2 weeks, I had problems with the clutch and the dealer (deleted) replaced it (in spite of my requesting a refund - which they said they couldn\'t do until they had attempted to fix the problem). 3 weeks later, the same problem has re-occurred - I definitely now feel that i have bought a faulty car and would like a refund. Does anyone now what my legal position is - am i now bound to accept this car and let them repair it or am i entitled to a full refund? Thank you in advance.

Dealers name deleted for legal reasons. DD.
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Sat 11 Oct 2003 22:21
Am I entitled to a refund? - MV
As far as I remember section 14 of the Sale of Goods Act (as amended) allows you to let the dealer try and repair the item without affecting your right to reject the goods. As such, I think that you have a prima facie case for rejecting the goods and claiming a full refund. The strength of the case seems to rest on the seriousness of the fault and whether it might be argued that you are in some way responsible for it arising.

I would say that despite some pretty confusing case law in the area you would have a strong case to claim a refund, as you have only had the car for five works, minus the time it was in for repair.
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Sat 11 Oct 2003 22:22
Am I entitled to a refund? - MV
Sorry! should be five weeks.
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Sun 12 Oct 2003 12:12
Am I entitled to a refund? - lordwoody
I understood that new EU rules regarding consumers rights which came into force April ( I think) of this year allows a refund if goods bought after that date develop a fault within 6 months of purchase. That being said you can bet that the dealer will do his best to dissuade you from rejecting it. A visit to local Trading Standards is probably your best bet for advice
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Sun 12 Oct 2003 17:25
Am I entitled to a refund? - smokie
Err - is that a yes or a No then?
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