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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a used approved Toyota from a Toyota dealership in

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I bought a used approved Toyota from a Toyota dealership in may 2013 with one year Toyota warranty and mileage of 65839.As I bought this car from a Toyota dealer which was farther away from the town I lived.When I brought the car home I noticed it was difficult to shift gears and quite stiff I immediately called the salesman who sold me the car I was instructed to take the car to nearest Toyota dealership which was in my town I did take the car was checked over by dealership was told no problem found.So took the car same problem still there was not happy but no other option carried on.Then after few months it developed whinning noise from gear box which was quite annoying again took the car to dealership they looked over was told they can not hear any noise and its normal again I was not happy kept driving.Then last Saturday while on motorway with my family in the car at one point the engine of the car suddenly started to rev up and it felt like I will not be able to stop the car safely which i thankfully was able to do called breakdown people there first diagnosis was seems like your gearbox is the culprit.The car was towed to the Toyota dealership their diagnosis gearbox is gone you will have to pay £1261.00 to fix I told them but its under warranty they said no your claim is been rejected their insurance accessor thinks its wear and tear and their report states. The clutch and flywheel have been subjected to extreme thermal overload resulting in the clutch pressure plate breaking and the friction material bursting resulting in consequential damage to the flywheel.thermal overload is caused by excessive clutch slip.it is unlikely that this would occur with cruise control selected which is claimed by the owner.however if this were the case then it is likely that the clutch was worn to such an extend that a change in load such as an uphill incline would cause the clutch to slip and the engine revs to progressively increase in order to maintain the selected driving speed.Clutch slip in this case is indicative of driver error resulting in driveon damage had early action been taken this may have been lessened wear excluded and driven in a failed state also unsupported.end of report.This is on a Toyota which I have owned for eight months and had done only 7881 miles in my ownership.I can also confirm that I have been driving for 28 years and have never experienced a clutch failure before and also my regular garage who service my cars are willing to provide a reference that all my cars up till now serviced by them had never needed a new clutch.I have spoken to the service manager of the dealership who is adamant that its my fault and I will have to pay to fix my car this comes under wear and tear and warranty wont cover it.I have called Toyota Gb they said they are not interested sort out with dealership.Finally my question is do I have some legal standing or should I consider this a expensive lesson and move on .THANK YOU.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why does he say its your fault?
Customer: replied 2 years ago.

Thank you for quick answer I don't understand the response of the dealership myself how can I be held responsible when I have taken the car in two times with gearbox problem and have been told everything is fine and at the end same gearbox has failed.I guess the report which I have mentioned above in one line says (clutch slip in this case is indicative of driver error resulting in driveon damage.)

Customer: replied 2 years ago.
Relist: Other.
want quick answer
Expert:  Ben Jones replied 2 years ago.
Hello, my colleague may be offline, I have emailed her to advise her you are still waiting. If you need an immediate answer let me know if I can help instead? Thanks
Customer: replied 2 years ago.

Thank you,i guess I can wait for a while

Expert:  Ben Jones replied 2 years ago.
I have just been advised that she may not be available for some time today so I have been asked to assist you instead. Apart from the dealership, have you seen anyone else about this, like an independent garage?
Customer: replied 2 years ago.

no I have not I took the car straight to them believing the car was under Toyota warranty and now they have pulled most of the front of the car to take out the gearbox and to take to other garage for second opinion they will have to put the bits back and they want money for it,had I known this before that they will classify this has wear and tear I would not have taken my car there but now I have to believe their word.

Expert:  Ben Jones replied 2 years ago.
When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Sale of Goods Act 1979 (SGA).

The SGA states that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible. These are statutory rights that exist in addition to any contractual warranty rights. So even if the warranty does not cover your situation you may still rely on your statutory rights if necessary.

The dealer will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable period, which is usually 3-4 weeks after purchase.

As you can see you are too late to reject the car now but you may still request a repair or replacement, without causing you significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back.

Another consideration is that outside the initial 6 months after purchase, it is for you to prove that the vehicle does not meet the statutory requirements described above so you may have to get an independent report from a garage to comment on the issues and provide an opinion on whether it is likely these were issues that were present at the time of purchase and exonerating you from any liability in relation to your driving style.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation. Essentially, if they refuse to cooperate the only way to challenge this is to take them to court so bear that in mind.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Thank you,i am sorry this does not answer my question which I received I already had read about this particular sales of good act (1979).my question is as I need the car and this correspondence with them will take time in mean while I have no means of transpotation to go to work or take my kids to school can not afford rent a car .If I repair my car is my case strong enough to take legal action and recover the costs

Expert:  Ben Jones replied 2 years ago.
Well the law is the law whether you read it online or I tell you about it, it won’t change your legal position. The problem is you can’t force the dealer to resolve this issue and if they are being difficult about it and you must get the car repaired then you will have to do so and bear the costs of such repairs, pursuing the dealer for your costs. It is impossible to say how strong your case is – not only will this depend on all evidence you have and whether you can show that the car did not meet the requirements under the SGA, but it will also depend on the Judge on the day and their opinion on who is in the right and who is in the wrong. Add to that we don’t know what evidence or defence the dealer will provide, forming an opinion on your chances of success is entirely impossible. As with any legal proceedings there will be a risk and you must take that into account before taking this further.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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