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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I lease a car (new November 2012) from Renault which carries

Resolved Question:

I lease a car (new November 2012) from Renault which carries a four year warranty. The air condition ceased to function after just eighteen months; and they say that it is not covered by the warranty and will cost me £800 to put right. Should the air conditioning break down after only eighteen months? Isn't that faulty manufacture. I can't afford £800 anyway.

Thank you

Marek
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

Have they shown where under the warranty it says aircon is not covered?

Also do you know why it broke? Have they explained this?

Kind regards

AJ

Customer: replied 3 years ago.

They said it was because the item was not faulty, but probably damaged by a stone or something coming in through the grill. I would say that a) that is unlikely b) it should withstand anything like that in the normal way of events (I only drive on normal roads and I'm very careful). I anyway only have their word for it. I would argue that an 18 month old Renault should not be suffering from wear and tear damage after only eighteen months.


I am taking it back to the original garage, where I leased, it next week. If they also refuse to repair it under warranty, do I have any redress under common law? If so what should be the best procedure? Financial ombudsman?


 


Thanks


 


Marek

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

Your redress will potentially be contained under S.14 of the Sale of Goods Act 1979. It is an implied term that goods should be reasonably fit for their purpose. As this is a contractual claim and such claims are statute barred after 6 years - technically you could argue that the aircon should last for 6 years.

What I suggest you do is write to the dealer and say you have only used the aircon as the instructions stated and clearly for it to only last 18 months is not acceptable.

Say that the aircon must be reasonably fit for its purpose and the fact that it has broken from fair wear clearly meant that it was not fit for purpose.

If they do not offer to repair it then I would recommend your best course of action is to contact Trading Standards www.tradingstandards.gov.uk/ and make a complaint.

I look forward to hearing from you.

Kind regards

AJ

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