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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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father in law purchased car 2nd hand approx 9mths ago from

Resolved Question:

father in law purchased car 2nd hand approx 9mths ago from dealer, in last couple of weeks been into different garage for works to be done found cylinders and valves damaged will need major repairs to the extent of possibly new engine, how do we stand legally against dealer
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much did you pay for the car please?
Customer: replied 3 years ago.


believe it was £2995

Expert:  Jo C. replied 3 years ago.
Thanks.

How old is it please?
Customer: replied 3 years ago.


first registered 2003, on a 53 plate

Expert:  Jo C. replied 3 years ago.
Thanks.

Do you have a warranty and if so for how long?
Customer: replied 3 years ago.


not sure, no access to specifics at this time but think it was 3mths

Expert:  Jo C. replied 3 years ago.
Thanks.

The short answer is that you do have a claim but its not an easy one.

This is a sale to which the sale of goods act applies. That will demand that the vehicle be 'fit for purpose'. That does not mean perfect but it does mean reasonably good with reference to the price you paid, the age of the car and history. This was a reasonable sum but a fairly old car.

The difficulty that you face is this. Because the fault was discovered after the first six months of sale it will be for you to satisfy the court that the fault existed at the time of sale. That can be done but it is for you to do it and you must be aware of that.

That said, if you were to pay for the repays and then sue for the cost it is likely that they would start making some offers because they will not want to waste manpower on this matter.

You can do so here

www.moneyclaim.gov.uk

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.


As father in law rarely uses vehicle, basically just shopping once a week and his usual annual mileage is approx. 500miles, would this reflect upon the situation? mileage since purchase for this vehicle unkown at moment, but believe to be well under 300

Expert:  Jo C. replied 3 years ago.
The mileage is a consideration.

You just have to satisfy a court that its more likely than not that the fault existed at the time of sale.
Jo C., Barrister
Category: Law
Satisfied Customers: 69778
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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