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notaclevername

hello,
i purchased on finance a $20,000 2006 model car from a dealer and after 13 days it suffered catastrophic engine failure meaning it requires a new engine.

i have lodged a claim with the motor vehicle disputes tribunal that i have rejected the vehicle, want a refund and to be released from my financial obligations. i used the letter from the consumer website to reject the vehicle

the dealer has not entered into any meaningful discussion and i have found them difficult to deal with.

other factors;

the car now has a replacement engine that has been partially paid for with my insurance even though i never gave final approval.

now that it is fixed, should i have it in my possession till i have had a hearing with the mvdt ?

do i still have to make payments now that i have formally rejected the vehicle to the dealer and finance company ?

am i going down the right avenues, is there something else i should be doing ?

ABayliss

This may be a hard one to win. Basically, the Consumer Guarantees Act requires the dealer to provide a remedy, so if the car now has a new engine, this is most likely to be deemed that a remedy has been provided.
The finance contract has nothing to do with a dispute, so until such time as the finance is settled with the finance company, you are liable to pay the installments. If you fail to do this, you will be in breach of the finance contract and the finance company could re-possess the vehicle.
However, there's nothing stopping you from lodging a claim with the MVDT.