Not Sure Where I Stand..?

secret.squirrel

Hi All,

Bit of a long winded story but I will try to get to the point..

Just before Christmas last year I bought a Used Approved car from a well known manufacturer on HP finance. Before buying I had done some research, and the earlier models fitted with an earlier engine had developed a fault burning through oil at a ridiculous pace. The manufacturer had recognised this, and was fixing each vehicle on a case by case basis as each one was presented. It had also revised the design of the engine after a certain manufacturing date in order to address the issue, and none of the new pattern engines had shown this fault.

Before I bought the vehicle I asked the dealer specifically whether it had the old or new pattern engine, and I was assured that it was the new pattern, although this was only over the phone and I have no proof of this conversation. Back in April my car started to develop this fault, I took it to my local dealer (different from where I had purchased it) and they told me it was burning excess amounts of oil, and that they would start the long test and repair process. This involved covering set mileage at my own expense in order for them to determine oil usage over this distance, the car being worked on, then myself covering another set distance for them to evaluate it (this is the stage I am at now).

My question in relation to this is whether or not I have any legal right under consumer law to return the vehicle as not fit for purpose, and how the finance would affect this. It has gotten to the point where I just want rid of the thing due to the annoyance and inconvenience it is causing me. So, am I within my rights to return the vehicle and demand a termination of the finance? Am I able to claim the vehicle as mis-sold due to the conversation I had with the dealer I purchased from, or is it more complicated than this?

Thanks in advance!

forgotmyname

Unless you have proof that you were specifically told it was a new model of engine and didnt suffer from the oil burning issue then your question may have been related to lots of updates done to the engine over its lifetime.

Your model maybe slightly better on the emissions than a previous engine?

I assume its still fairly new and not a huge starship mileage. So they should cover the costs. Or most of them.
Small contribution from yourself if replacing parts because they are removing them. eg. A timing belt.

Sounds like they are helping and not charging?

secret.squirrel

As I said, I have no proof of the conversation unfortunately, but I asked specifically about the engine code to determine if it was new or old, and I was given the new engine code.

All of the investigation work and subsequent labour and parts are being taken care of under the warranty that was provided by it, so I have no complaints with the service of my local dealer taking care of the car. My gripe is with the dealer who sold me the car in the first place. Do I have any comeback against them with regard to getting rid of the vehicle and finance off it? As I said, the headache it's causing me I just want rid of the thing...

forgotmyname

Check the engine code on the V5C is that the correct code for an updated engine?
Possible that their updated fix isnt a 100% cure.

You will have a job proving that you asked and they gave you the incorrect information.
I would play it by ear and see what solution they come up with.