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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 bought a 2nd hand car last year. Paid £4200 . The

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I bought a 2nd hand car last year. Paid £4200 for it. The dealer only gave it one month and 1000 miles warranty. After about 10 days and only 4 or 500 miles I noticed it had a coolant leak. I contacted the dealer, returned the car to him. He discovered the water pump was leaking. He contracted someone to fix it, they fitted new parts. Now ten months later and less than 5000 miles It developed the same water leak, and I have had to have another new water pump fitted again plus other parts that had failed during this time. Had I not had this done the car would have blown the engine up. The dealer is 175 miles from my home and the car would certainly not have made the journey back to him without causing major damage to the engine. Do you think I would be entitled to any compensation from him for this. I have not contacted the dealer again about this issue, but I have the bill for the repairs and all the old failed parts.

Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
The issue here is under the Sale of Goods Act 1979 there is an implied term that goods supplied are fit for purpose and free from any minor defects.
Ultimately by fitting a pump that only lasted ten months the dealer is in breach of the sale of goods act S.14 and the implied term it is fit for its purpose. It is obvious the pump should last longer than 10months.
In theory the fact that you replaced the pump represents a loss that you should be able to claim arising from the breach above. However the seller would have been entitled to repair or replace the pump first, but you did not give him that opportunity as it was not possible.
I would therefore say that you could have a claim to recover your losses. If the mechanic refuses you can either;
(i) Complain to Trading Standards; or
(ii) Start a money claim online https://www.moneyclaim.gov.uk/web/mcol/welcome - you can sue to recover your losses.
I would note though that the mechanic will potentially have some argument that it was not able to secure the best deal for the pump by replacing it itself, therefore if they offer you any cash settlement that covers most of your loss I would consider taking it instead of the hassle of going to court.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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