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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a set of diesel engine heater plugs 10 months ago

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I bought a set of diesel engine heater plugs 10 months ago from a reputable supplier with reciept,they had bought the part from Euro Car Parts. This week(Sept 2014) a got a mechanic to fit the part( the part having been stored in my office clean and dry).Within 10 seconds of starting the engine one of the ends of the heater plugs came of and ruined my engine. The motor factors that I bought the part from contacted Euro Car Parts who said that there was no way it was a manufacturing fault. I am aware of the Sale of Goods Act 1979 and that my recourse should be with the origanal motor factor who supplied me who inturn goes to thiers who inturn deals with the manufacturer if the got it from the manufacturer, a possibley long and protracted route.
The part in question was manufacturered by Denso a multi billion dollar international company.Before I had become aware of the Sale of Goods Act I thought it reasonable to contact the manufacturer.I got passed to a few departments ending up with a name and a mobile phone number of someone who works in the companies aftermarket department.
I held out little hope but left a message.
To my suprise I eventually got an answer. The Denso aftermarket rep asked me questions about the heater plug, after my description of what it now looked like,which is a very specific bulge and blue coloured ring in a very specific position he new immediatley that it was a weld failure manufacturing fault in the plug.I sent him a picture and he was of the same opinion. In his email reply to me he did not state what his opinion was, just that it was the same as discussed previously.
He is offering to fast track my claim, has advised me of the information he needs, so far so good.Then he asks me to send him the part.I asked him for some kind of letter of intent before i hand it over ,so far he ignores this but heklps on other simpler questions.
Should i send him the part and how do i protect my self because as far as i know i don't have a case against his company,if the part goes missing etc or perhaps they just stop answering my enquiries i could be stuffed.
I'm a small time hands on builder with no real money and by next week am facing matbe a £4000 bill for an engine rebuild and my van is seriously racked out with all my tools in it.
I'm not sure what to do???
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether there is a warranty on the plugs and if so, for how long?

Customer:

All I ever received was a reciept and the boxed plugs

Alex Watts :

Have you had them examined by an expert to say they are faulty?

Customer:

No, I don't know any experts.The company rep says they are verbally, he knows the fault, he seems to steer away from any written comitment

Customer:

If i send him the part is it possible to protect my position some way?

Alex Watts : Do you still have them?
Customer:

yes

Alex Watts :

Ok - what you need to do is get them examined and see what the expert says.

Alex Watts :

There should be one you can find online if you google search mechanic expert witness. You need a court approved one who can produce a report.

Alex Watts :

Then you know who is to blame. If its the design then you can claim against the manufactuter

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. You can use the expert report you have before the Court as you will need permission for this.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

Thanks for the expert witness bit. I was wondering ,under the Sale of goods Act1979 i should be having dealings with the motor factor i bought it from. How can I ,that is to say ,under what act, proceed against the manufacturer?

Customer:

citizens advice have said the only people I should relate to are the motor factor that I bought the part from.

Alex Watts :

You have 2 claims.

Alex Watts :

One potentially for breach of contract, but that can ONLY be from the place you purchased it from. You also may have a claim for negligence against the manufacturer.

Customer:

May have a claim?

Customer:

Negligence, under what act?

Alex Watts :

There is no act for negligence it is common law

Customer:

ok

Customer:

If i send the faulty goods to the manufacturer does that preclude the possibility of following up with breach of contract.What i mean is which is the best course of action?

Alex Watts :

No. You can sue both together at the same time, that is what I would do

Alex Watts :

Does that help?

Customer:

thanks

Customer:

Are there time limits

Customer:

How can i safe guard sending the defective goods back,some one might loose them.

Customer:

It is likely that the only analysis will be none disruptive,otherwise the faulty part will be cut up which is likely to cause problems with the manufacturer. So they would want to see it

Customer:

I was thinking of sending a letter of intent to the motor factor and possibly the manufacturer,not sure about sueing can't afford a solicitor,no disrespect.

Alex Watts : You have 3 years to bring a claim for negligence and 6 years for breach of contract.
Alex Watts : Does that help?
Customer:

thanks for your help

Customer:

One last thing.

Customer:

you wrote "You can use the expert report you have before the Court as you will need permission for this"

Customer:

can you clarify

Alex Watts : Yes, get an expert to look at the product and see whether it is defective or manufacturer fault. Then when you go to court you can rely on that report.
Alex Watts : I hope that helps.
Customer:

thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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