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Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25429
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i have a jaguar under warranty that has now been with the dealer

Customer Question

i have a jaguar under warranty that has now been with the dealer for nearly five weeks off the road for a fault which they know is there and accept but cannot and don't know how to rectify it

I have not had a replacement vehicles, the car is leased and is costing money - what are my rights to return the vehicle/ seek compensation ?

pete
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
When did you buy the vehicle?
Customer: replied 4 years ago.


bought the vehicle new on 1/9/11 and had manufacturing service history - first owner


 

Customer: replied 4 years ago.


the vehicle is an xkr supercharged so was £80000 new

Customer: replied 4 years ago.


is anyone working on my answer please ?

Expert:  Stuart J replied 4 years ago.




I am afraid that this is not an instant service because we all have clients
and court and all users and travelling and evenings and weekends, so sometimes
you will get a response in minutes and sometimes it may be hours.

I am afraid that this is not an instant service because we all have clients
and court and all users and travelling and evenings and weekends, so sometimes
you will get a response in minutes and sometimes it may be hours.



When did the problem first manifest itself?



Do you have an extended manufacturer's warranty on it?



Have you spoken to any other deal about this problem?



You said it was the leased but then you say it was purchased. So is it leased
or was it purchased?



What is the nature of the fault?



Customer: replied 4 years ago.


1. problem first manifested itself?


six weeks ago the car wouldn't start - there is a drain on the car discharging the battery


2. extended warranty ?


no it is still in its manufacture warranty of three years with jaguar


3. spoken to another dealer


no it is at a jaguar dealer so has not moved


4. leased or purchased


it is leased via Lombard


5. nature of fault


the battery discharges - there is nothing wrong with the battery - the aa have confirmed this twice when they came out - there is a drain on the battery from something in the car - they know this and accept it but they cannot find the drain so the car will not start each morning - I have not had the car now for nearly four weeks and they have it all next week again


this is unacceptable from my perspective given it is new


looking for advice on whether I can return the vehicle or give it back to the lease company


 


thanks


pete


 

Expert:  Stuart J replied 4 years ago.




You are actually out of time for returning the vehicle but it appears that
you are still going to be in exactly the same situation in another five weeks
or five months or five years as you are now.

This is something that you need to take up with the lease company because
the car still belongs to them after all.



You need to press them either for a temporary hire car of equal value and
status while this is in for repair.



Certainly, it is the lease company that you need to be pursuing rather than
the dealer.



Customer: replied 4 years ago.


it is not the lease companies responsibility at all as the lease is non regulated finance.


with all respect, the advice received is very poor in terms of quality


the car does not belong to the lease company, responsibility sits with the hirer - that is the case with any lease agreement for an asset, hence why the log book etc is in the name of the hirer.


very poor response and frankly a waste of £40


 

Expert:  Stuart J replied 4 years ago.

The V5 is in the name of the keeper not the owner. If you owned the car you wouldn't have to give it back at end of term.

I disagree with you but I will opt out for another expert

Expert:  Joshua replied 4 years ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

  1. May I assist you with this. I note you refer to the lease not being regulated. Is this a business lease of the car please or a consumer lease?
  2. Is it possible to clarify whether this is a hire purchase agreement or a consumer hire argreement or something else - e.g. business finance?
  3. What costs (aside from the repayments) have you incurred as a result of the fault - e.g. hiring another vehicle etc?
  4. Is the garage indicating that they anticipate being able to repair the car and if so given any form of time frame or are they just sitting on it?
I am not going to be online this evening very much but will either endeavour to reply to you later or in the morning.