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Dealer wants to charge £1.49 per mile for usage - what are my rights?

I have a problem with a car I recently purchased from a dealer in the South. On the face of it, the vehicle was ideal and we agreed to meet half way for me to inspect the car and, if satisfied, do the deal. The vehicle was indeed very tidy and we agreed the price with an undertaking that he would take it back if I was dissatisfied. Before I had driven the vehicle he asked me to sign a form that I had tested it and was satisfied.

On the drive home the oil pressure light came on, and my local motor engineer confirmed that the vehicle was using a lot of oil. I contacted the seller who is proving reluctant to reverse the sale: he wants several hundred pounds for collection, plus a £1.49 charge per mile for my usage subsequent to the sale.

Do I have any redress, because, as a dealer, he was obviously aware that the vehicle was faulty? Or do I need to accept that my gullibility is my loss?

Asked on 10 February 2022 by Roderick Burdon

Answered by Dan Powell
The 2015 Consumer Rights Act gives you the right to a free repair or refund if the fault has occurred within the first 30 days of ownership. If you have owned the car longer than 30 days, the dealer is entitled to be given one opportunity to fix the problems before you can reject it.

If you reject the car, the dealer is entitled to ask for the return of the car or charge you for collection. The dealer is also within their right to make a fair deduction for the use you have already had from the vehicle. But this is usually between 25p to 45p per mile. The £1.49 quote is nothing short of ridiculous.

I would suggest returning the car to the dealer's premises and starting your negotiations from 25p per mile. If the seller refuses to accept a reasonable mileage rate then make it clear you will seek professional legal advice and pursue the matter via the courts.

For your consumer rights, see: www.honestjohn.co.uk/how-to-reject-a-car-your-cons.../
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