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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I brought a second hand Jaguar from a Jaguar main dealer in

Resolved Question:

I brought a second hand Jaguar from a Jaguar main dealer in Newcastle in March 20013. It also included a 12 month warranty.
The car broke down yesterday, 9 August and was taken to my local Jaguar main dealer in Maidstone who state it requires a:

1) a new clutch cost £13016
2) repair of brake servo ) cost £798
3) repair to power steering )

I have been informed that the warranty will cover the cost of 2 & 3, but not the cost of 1. Having only driven a total of 3016 miles since purchasing the Jaguar, I would not expect to now have a new clutch.

Under the Sale of Goods Act, does the Jaguar Dealer in Newcastle who sold me this car have a responsibility to pay for a new clutch

Many thanks

XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


As a consumer, who has made a purchase from a business seller, you will have certain rights under the Sale of Goods Act 1979 (“SGA”) and the Sale and Supply of Goods to Consumers Regulations 2002 (“SGCR”).


 


When you purchase goods, whether they are new or second hand, your statutory rights say that you can expect them to be of satisfactory quality, as described and fit for their purpose. If they are not, you will have certain legal remedies against the retailer that sold you the goods (not against the manufacturer).


 


There is no remedy for fair wear and tear, misuse or accidental damage, or if you decide you no longer want the goods. Similarly, there is no legal remedy where you were aware of the fault before the sale or it should have been evident on reasonable inspection that there was a fault.


 


I suspect the main issue here would be whether the failure of the clutch can be attributed to wear and tear, which is unlikely to be covered under the SGA.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 



  1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within 3-4 weeks after purchase.

  2. Ask for a repair or replacement – if you are too late to reject the goods, or simply do not want to return them, you can still ask the retailer for a repair or replacement without causing any significant inconvenience. The retailer can decline either of these if it can show that they are disproportionate or impossible in the circumstances. If this option is unreasonably rejected, you can instead request a partial or full refund. A partial refund would normally be appropriate where you have already had some use of the goods and the retailer is deducting ‘usage costs’ to reflect the use you have already enjoyed.


 


If the goods are returned within the first six months of purchase, there would be an assumption in law that they were faulty. If the retailer does not agree, it is for them to prove that this was not the case. However, if the complaint is made after the initial six months have passed, it would be down to the consumer to prove that the goods were faulty at the time of purchase or that they do not conform to the legal requirements I mentioned above.


 


As you are too late to reject the goods, I suggest that you write to the retailer and let them know that you are asserting your statutory rights under the SGA and SGCR. Advise them that you are requesting a repair or replacement instead and give them 14 days to comply. Inform them that if they fail to co-operate you will have no choice but to commence legal proceedings to recover any damages that have resulted from this.

Customer:

Many thanks.

Ben Jones :

You are welcome. Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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