There's an intermittent fault on my car - can I reject it after 15 months?
I have a Jaguar XF Sportbrake on a PCP. Ever since I took delivery of it in December 2017, every few weeks 4 or 5 safety warning lights scroll across the dash with the traction control permanently illuminated. The car has been back for a day, then a week, looked at during its first service and most recently in for almost three weeks where it was driven around for 500 miles against my wishes and still handed back faulty. It is booked back in next week again. What is my legal position with the finance company and the dealer?
Asked on 27 February 2019 by David Egginton
Answered by
Honest John
If you find the car "of unsatisfactory quality" due to a fault that has existed since delivery that has not been fixed despite more than three attempts, you can reject it under the ruling in Clegg v Olle Andersson (trading as Nordic Marine), House of Lords, 2003. See: www.honestjohn.co.uk/faq/consumer-rights/ However, at best, after having driven the car for 15 months (minus a month or so while in for repair), at best you can only expect a refund of current market value and, if the dealer chooses to fight your rejection, a County Court case will be very expensive with no guarantee of a ruling in your favour, nor of being awarded all of your costs.
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