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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a 2nd hand car last year.... I bought a 2nd hand

Customer Question

I bought a 2nd hand car last year.... 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. 23/05/2015 09:17 23/05/2015 10:02 Alex J. Alex J.
Solicitor 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/… - 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 Hi AJ it's been sometime since I first contacted you about this. This matter has since proceeded to a court hearing which is set for December but the last of any evidence has to be in by mid November. Where do you think I stand with what they call consequential
losses over this matter now please? The mechanic that did the repairs to my vehicle seemed to think that as the Dealer/Original supplier of the vehicle to me has no Terms and Conditions on his website that he is still liable for the loss, as there is nothing
stating that he is not liable for it. The only terms and conditions that I can find on any of his original paper work (The sales receipt for the vehicle), other than his initial one month or 1000 miles warranty relates to if I had taken out Finance with him
to purchase the vehicle, which I did not. So do you think that gives me a bit more ammo so to speak? Do you think there is anything I could quote in my final evidence letter to the court that could help my case further? I have already added that I had lost
all confidence in the Dealers procedures bearing in mind it had been proven that his poor quality water pump is the direct cause of the problems. This is partly the reason I will also use for not contacting the Dealer about the same problem again. The mechanic
that did the repairs has also written me an Engineers report stating the condition of the water pump he replaced and the poor quality of workmanship by the original mechanic that did the work. And of course the fact that a very poor quality water pump was
used.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
Hi Sorry you've not really helped. This is already at the court stage, and if you had read further down you would have seen I want advice regarding Consequential loss.
I have copied and pasted the info.This matter has since proceeded to a court hearing which is set for December but the last of any evidence has to be in by mid November. Where do you think I stand with what they call consequential losses over this matter now please? The mechanic that did the repairs to my vehicle seemed to think that as the Dealer/Original supplier of the vehicle to me has no Terms and Conditions on his website that he is still liable for the loss, as there is nothing stating that he is not liable for it. The only terms and conditions that I can find on any of his original paper work (The sales receipt for the vehicle), other than his initial one month or 1000 miles warranty relates to if I had taken out Finance with him to purchase the vehicle, which I did not. So do you think that gives me a bit more ammo so to speak? Do you think there is anything I could quote in my final evidence letter to the court that could help my case further? I have already added that I had lost all confidence in the Dealers procedures bearing in mind it had been proven that his poor quality water pump is the direct cause of the problems. This is partly the reason I will also use for not contacting the Dealer about the same problem again. The mechanic that did the repairs has also written me an Engineers report stating the quality and condition of the water pump he replaced and the poor quality of workmanship by the original mechanic that did the work. And of course the fact that a very poor quality water pump was used.
Expert:  Ash replied 1 year ago.
Did you plead consequential loss?
Customer: replied 1 year ago.
No not specifically. It was just something the Mechanic that did the repairs on my vehicle mentioned to me. He said it might be worth looking into.
Expert:  Ash replied 1 year ago.
If you wanted to claim it, why didnt you plead it?
Customer: replied 1 year ago.
Because I did not know about it at the time I started the online claim which in turn proceeded to a court hearing.
Expert:  Ash replied 1 year ago.
Then you need to apply to amend your claim. The Court fee for this is £50. However if the other side have filed a defence then you would be responsible for their costs for amending their defence because you should have got the claim right in the first place.
Consequential loss is losses flowing from the breach, but such losses must be reasonably forseeable and in contemplation of the parties at the time the contract was made.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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