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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47902
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a brand new vehicle, Ford Galaxy, on 25 September

Resolved Question:

I bought a brand new vehicle, Ford Galaxy, on 25 September 2013. It came with a 3-year warranty until 100,000 miles. A little after one year (03 March 2015), the vehicle had a transmission malfunction (Gear problem), at mileage 36,621. It was booked in, checked and repaired, under warranty, at a Trustford (formerly Dagenham Motors) garage (an approved Ford Motor Company repair centre. This took a total of 18 days (Collected back 0n 20 March 2015). 6 days later, on 26 March 2015, the transmission broke down again! It was returned to them. Fixed again and returned after 3 days.
On 19 July 2015 at mileage 38,416, again, the gear got faulty! It was towed back by the AA to the same garage for repair on the date it was booked in for, 27 July 2015. The vehicle is still with them till date.
This process is becoming persistent and time consuming as it is heavy in loss of use and income, and other incidental expenses, being a work vehicle. The loss is in the region of £250/ day. It is a purposely purchased commercial vehicle.
The finance company (Barclays Partners Finance) was notified at this stage upon direction from the vehicle suppliers (dealers), who have always known about the problems since the first fault occurred.
The finance company responded. They refused the claim to take the vehicle back and stop payments on it, claiming it's been "for 23 months it is fair to say that the faults are a result of natural wear and tear."
Is this correct? What remedies are available?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Were the finance company aware of the initial issues from the start?
Customer: replied 2 years ago.

No. Not until the latest breakdown.

Expert:  Ben Jones replied 2 years ago.
The main issue you will face here is that you are a business buyer and would not have the same rights as a personal consumer would have in this situation. A personal consumer old have enjoyed protection under the Sale of Goods Act 1979, which states that goods must be of satisfactory quality, as described and fit for purpose. If they are not, consumers will have certain legal remedies against the seller, such as reject the vehicle and get a refund or ask for a repair/replacement. However, as business buyer these do not apply to you. You would only have a claim if you can show that the vehicle was missold to you, for example the description was wrong or it did not conform to contract. Obviously if you had bought a brand new vehicle ad on day one or in the first few days or so it developed a fault, it would be clear that this was a fault present at the time of purchase and the vehicle did not conform to contract. However, the further you go after purchase the more difficult it would be for you to show that the fault was present at the time of purchase and due to a defect. The first fault occurred a year after purchase and after more than 30,000 miles. The link between the fault and the original purchase would have been diluted because it could be due to wear and tear, it could be due to the way it was used, it could be for reasons unrelated to the way it was manufactured. Whatever the reasons, it is now for you to prove that this was a defect present at the time of purchase. This would usually be done by taking professional advice from a qualified mechanic who could verify that this is indeed the case, once an inspection has been carried out. You may then use this evidence to try and purse the finance company as they are the ones who the purchase contract would be with. If they refuse to accept this then the only way to go forward is to take them to the county court but as mentioned as this is your claim you would be expected to prove that this was due to a manufacturing fault present at the time of sale. 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
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
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