Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.
May I ask roughly when it was that you wrote to the garage and they responded in the way you describe please?
Thank you. For the avoidance of doubt I note you offered the garage the opportunity to fix but thy failed. How many times did you offer them this opportunity? Just once or more than once?
Thanks. Lastly can you confirm I am correct in my understanding that you have what would be fair to describe as either a fairly or very comprehensive correspndence trail evidencing what you say in your last post above in the event the garage disputes your version of events.
Thanks. As you will be aware, the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the manufacturer or dealer which are somewhat limited insofar as they are limited to the terms of the warranty which are probably not overly generous if a warranty exists at all which I assume in this case it does not. I will leave this here though because of what follows.
You have a another set of rights by virtue of your contract with the dealer from whom you purchased the car. This set of rights are much more extensive as terms are implied into your contract by virtue of the Sale of Goods Act that the car must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage. Accordingly if you can demonstrate that you contacted the dealer within the first six months, you are not required to prove the fault is their responsibility (i.e. not caused by damage by you). Rather it is assumed to be their responsibility unless they can prove damage was caused by you.
The Sale of Goods Act gives you the right to reject a car if it is faulty but that right only exists for a short period - little more than a week so here you are likely to be well out of time in this respect but you still have rights under the above legislation. Under these rights you can insist upon a repair or replacement or refund at the dealer's discretion. You are required to give the dealer reasonable opportunity to repair. Any repair must be carried out within a reasonable period of time. What is reasonable is not defined in the legislation but must be reasonable in all the circumstances. In this case perhaps a few weeks would not be unreasonable but months would likely be unreasonable. Similarly if they were to eventually repair the car notwithstanding the above and the repair failed, they must be given the the same opportunity to repair/replace etc. There is no specific prescribed number of times that you must must allow them the opportunity to repair the car however if they have failed to repair the same more than two-three times or refuse to repair the vehicle or cannot repair in a reaonable time, this would usually be held to be satisfactory opportunity to do so and you would be within your rights to request a refund less an appropriate amount to compensate you for your limited use of the car or replacement with a vehicle of equivalent spec and age.
on the face of what you say, given in particular your attention to retaining documentary evidence of your encounters and exchanges with the dealer, you would appear to have what is almost a textbook claim against the dealer. Based on what you say, you would appear to have the basis of the claim for the monies you paid the dealer to repair the car which failed, the monies you paid to an alternative garage to repair the car, any associated reasonable travelling expenses on your part in returning the car to the two garages, any reasonable costs you incurred in respect of alternative transport during the period the car was not available to you and interest on all of the above at 8% per year under the provisions of section 69 of the County Courts act
accordingly, you may wish to write to the original dealer setting out your claim, quantifying it as above and inviting them to make payment to you within 10 days failing which you will consider issuing proceedings in the County Court to recover monies for breach of contract
if you are forced to do so, which is probably likely, the simplest way to issue proceedings is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcome
assuming you are successful, you are able to recover court fees as well as your reasonable travel expenses and loss of income and attending any hearing (subject to prescribed limits).
I suspect my last three posts and your last post may have crossed.
Is there anything above I can clarify for you or has the above answered your questions satisfactorily?
A pleasure. I am glad the above was of some assistance. If I can assist any further as the situation develops please do not hesitate to revert to me
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