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Faulty car - do I have a case?

I bought this car new and since then learnt that the engine has a design fault around burning oil. It has a TPI completed on it but still is burning a large amount of oil.

The car has 8k miles on it and been back to the dealer five times. On the last occasion the oil was completely burnt away after 1400 miles and the car is now back with the dealers.

My question is: Could I turn around and say I don't want it any more due to the persistent fault that? They knew about it but I was never told about it before purchase.

Asked on 5 October 2011 by m4lce

Answered by Honest John
Yes, you can reject it for a fundamental fault quoting the Supreme Court ruling in Clegg v Olle Anderson (trading as Nordic Marine) 2003. The car came with a fundamental fault that was never rectified, as in Clegg. You may not get the full price you paid for it, but you should get current retail. See: www.honestjohn.co.uk/faq/consumer-rights/ Obviously you will need to employ a specialist solicitor, and if the case goes to court there in no guarantee you will win.

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