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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good Morning, we are currently in dispute with Audi due to

Resolved Question:

Good Morning, we are currently in dispute with Audi due to an incident that happened yesterday. My wife had put our children into her car after shopping, and proceeded to put her shopping in the boot. upon closing the boot my daughter shouted to my wife that the roof was falling on her head. My wife looked up in horror to see that the panoramic roof glass had shattered over the children. We took photos to keep as evidence and called Audi support who picked up the vehicle. Audi Crewe have contacted us today to advise us that after forwarding their own images to Audi UK & based upon these images, there is evidence of impact damage, and that we are liable for the repair. The damage was not there upon returning to the vehicle and only occurred when closing the boot. Your advise would be greatly appreciated. Regards ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What do you think caused the shattering of the roof?
Customer: replied 1 year ago.

It seems to me to be a manufacturing fault. the Car is only 4 months old.

The damage only occurred when the boot was closed, after putting the children in the car.

Expert:  Ben Jones replied 1 year ago.
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller so it is the dealer that you can pursue in the circumstances. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights: 1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so probably a bit late here. 2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. A useful rule that will help you here is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. As this vehicle is only 4 months old, it is for the dealer to prove that the damage was as a result of your fault or something unconnected to the manufacturing/design process. So you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Many thanks

Expert:  Ben Jones replied 1 year ago.
you are most welcome, all the best

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