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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I would like to reject or demand a replacement of a

Customer Question

I would like to reject or demand a replacement of a new a car I bought from a Jaguar reseller almost 3 years ago due to the constant repairs which have been carried out since the car was purchased. There were at least 35 repairs after which I had been advised that the fault is fixed. However the next day the car was traveling back to the service due to the existed fault.
Do I have right to make such demand if the aftersales service has been unable to find and repair the fault? How can I do that?
I have received reply below from the reseller which tells me that I have no rights to such demand. Please advise. Thank you. Alexey Korolevskiy
Dear Mr Korolevskiy,
I am writing with reference to your letter dated 29th April 2015, addressed to Paul Varney. Paul is currently out of the business so is unable to respond personally, but he is aware of your letter and has asked me to respond on his behalf while he is away.
I am concerned and sorry to hear the level of concerns you have raised with the above vehicle, however we do not accept that there are grounds for you to reject the vehicle for breach of the implied terms under the Sales of Goods Act 1979, We note in particular, the fact that you purchased this vehicle almost three years ago now and that the vehicle has covered some 31,352 miles. We will do our utmost to resolve your concerns in conjunction with Jaguar Cars and I am waiting to have a conversation with Hayley McKendry, within their Customer Relationship Centre, to whom you copied the letter.
I understand we have found a resolution to one of your current concerns, and we are working to seek to replicate the other issues you have raised, in order to assist us in the diagnosis and resolution of these. I also note we have kept you mobile in a courtesy loan vehicle to minimise your inconvenience.
Whilst your vehicles manufacturer’s warranty is due to expire on the 24th May 2015, we will do our utmost to fix any concerns under the warranty and subject to the terms of this warranty.
Kind regards
Mark Hammond
Aftersales Manager
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you had a second opinion on the vehicle please?
Customer: replied 1 year ago.

Hi Alex.

Yes I have spent a year before I took a car to a different Jaguar service station. They spent 1,5 trying to do the same.

Here is the reply from the secon service station and the Jaguar. Both of them point out to take the car back where I bought it.

I have done exactly as they asked me.

Good afternoon,
We have been unable to reproduce the faults whilst the car has been in our care.
Our Master Technician has submitted 2 separate technical assistance reports to Jaguar and they have reported the following:
1. TA1953781 – We reported that we are unable to replicate the fault and a Jaguar Technical Engineer has responded that unless the fault can be demonstrated
by the owner no further action can be taken.
2. TA1953772 – We reported the fault with the cruise control and the fact we cannot replicate the fault. We submitted the video files provided to Jaguar
Technical Assistance. We have undertaken wiring tests as instructed and found a Traffic Master tracker unit fitted to the o/s dash connection wiring. The Jaguar Engineer has instructed that this must be disconnected and the wiring returned to factory standard
then the faults would need to be monitored. There were also software updates for the PCM and CJB available that we have now downloaded and installed.
You have mentioned to Mark that you are unable to drive the car with the tracker disconnected due to insurance implications. We can understand this but given
the testing required as advised by the Jaguar Engineer there are only 2 ways to eliminate this as the fault, the first is to disconnect the tracker and advise your insurance company or secondly have the tracker refitted in a separate location in the car.
Grange Croydon is not a tracker approved fitting dealership so we would not be able to assist in any replacement or re-fitment of the unit. This means that
the car will need to go to a Jaguar dealership that can undertake this and I would suggest Lancaster as the original supplier of the car and the tracker.
We have no way of proceeding unless either of these options is undertaken. The tracker is now reconnected and the car is ready for collection if your choice
is to take it elsewhere for repairs.
Under the UK Sales of Goods Act (1979) if you feel that purchased items are not fit for purpose then you have a right to make a claim against the retailer who
supplied the goods and not the manufacturer. As Grange Croydon was not the retailer we have no responsibility to provide storage of your vehicle or supply a courtesy car whilst you undertake your legal proceedings with the supplying retailer.
With the above in mind I would respectably request that our courtesy vehicle is returned by 17:00 on Friday 10 th April. Up until this point you
will incur no charges but regrettably charges will be made for rental and insurance cover if this time is forfeited.
It is a shame given the relationship we have developed that the situation has escalated to this. We have undertaken all the diagnosis we can within our limitations
as a non tracker approved dealership.
We will obviously continue to support you with any information we can supply to Jaguar that has been taken over the previous visits and both Mark and I hope
that a amicable solution can be reached between you and Lancaster.
The contact at Jaguar is Hayley Mckendry and she has already given the advice that you need to formally reject the car with the supplying retailer before any
further action can be taken. Her email address is *****@******.*** and I have copied her in to this email.
I await your response on what action you wish to proceed with.
Kind regards,
Stephen Dench
Service Manager
Grange Jaguar Croydon

Expert:  Ash replied 1 year ago.
You have had at least one repair, is that right?
Expert:  Ash replied 1 year ago.
How did you pay for the car?
Customer: replied 1 year ago.

I have made a bank transfer from my company business account.

Expert:  Ash replied 1 year ago.
Thank you. Its bad news I am afraid. Under the Sale of Goods Act you have a limited time to reject good which is accepted under Consumer Regulations as being 6 months. Outside of this time you can only accept a repair. However the right is also limited in that if you have accepted a repair then you can no longer reject the vehicle - you can only then ask for further repairs.
Therefore i am sorry to say given the length of time and that repairs have already been carried out you are not entitled to a refund or replacement.
Saying that you are entitled to sue for breach of contract as you have 6 years to bring a claim. But sadly you can not demand a replacement or refund. I can outline that process if you wish?
I am sorry if this is not the answer you want and certainly not the one I want to give you but I have a duty to be honest.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you Alex.

Could you please clarify if the repairs are not possible like in my case what are my rights?

What I would like to gain is a car which is fixed and if not fixed replaced.

Is it lawful for reseller to not to fix the faults under the manufacture warranty?

Expert:  Ash replied 1 year ago.
If it is not possible then you can only sue for breach of contract. Given the length of time you sadly can't demand a replacement or refund.
The warranty is not required by law and they can exclude items and not include all items. It would be a matter for the Court to decide whether or not it was reasonable to do so.
Does that clarify?
Customer: replied 1 year ago.

Ok thank you.

So if I'll sue for breach of contract which can be lengthy and expensive what the outcome I should expect?

Can I also continue to send the car for repairs until the fault is fixed? As I understand it will be covered by the warranty. Every time the car goes for repairs it gets new warranty period for the work which has been done which overlaps any previous repairs.

Expert:  Ash replied 1 year ago.
If the claim is for £10,000 or under it will be you can continue to send the car for repairs as long as it is the same problem once warranty expires.
Customer: replied 1 year ago.

Ok thank you Alex.

am I allowed to release info to public on the problem many of Jag owners do may have but have not yet discover it? It obvious to me that Jaguar knows about the problem but has no fix to it.

Expert:  Ash replied 1 year ago.
Yes as long as it is true.
Is that ok?
Customer: replied 1 year ago.

Yes. Thank you for your kind assistance.

Best regards,


Expert:  Ash replied 1 year ago.
Happy to help!
Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

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