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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have an 8 year old Toyota Landcruiser with 145,000 miles

Resolved Question:

I have an 8 year old Toyota Landcruiser with 145,000 miles on the clock. The engine blew a piston two weeks ago and it needs to be replaced with a nerw or reconditioned engine. I have discovered that this model of landcruiser was subject to recall due to a problem with the fuel injectors in the engine. My Toyota dealer has quoted me £7,000 - £8,000 to have my engine replaced or repaired. Toyota have refused to help saying that the vehicle is out of warranty. I have expressed my opinioon that any Toyota customer would expect their vehicle to drive for more tha 145,000 miles, but Toyota customer services remain unmoved. Can you help or suggest any further action that I might take to force Toyota to give me some assistance?
Thanks 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.

Ben Jones :

When did you buy the vehicle?

Customer:

when it was 1 year old

Ben Jones :

Where did you buy it from - a dealer?

Customer:

Yes a Toyota dealer

Customer:

I am waiting for a reply. Are you still there?

Ben Jones :

Unfortunately your rights will be rather limited. When you buy an item that is second hand, such as the vehicle in this situation, you will only really have rights against the seller that sold it to you, not the manufacturer. Your rights against the manufacturer are only limited to any warranty that may still be in existence at the time, although after 8 years it is highly unlikely there would still be a warranty in place and this appears to be the case as confirmed by Toyota.


 


Therefore your only rights are now under the Sale of Goods Act 1979 and are against the seller, which was the dealer.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. There is however no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.


 


If the vehicle was 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 the first month after purchase, so you are way out of time for that.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. The issue is that you only have 6 years to make a claim against the seller so if you bought the vehicle more than 6 years ago, it is unlikely that you can pursue them for this now, even if you may have been able to had the problem occurred a few years ago.


 


You may have had better rights a few years ago but after 7 years of ownership and for an 8 year old car, you are statute barred from claiming.

Ben Jones :

answer above, happy to clarify anything if needed

Customer:

No thank you. My position seems hopeless

Ben Jones :

it is just that way too much time has passed ...

Customer:

Thanks. Goodbye

Ben Jones :

all the best

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