How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70183
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

My wife and I took delivery of a brand new car under a 4 year

Resolved Question:

My wife and I took delivery of a brand new car under a 4 year lease agreement on 02/09/2015. The car has broken down five times now with the same fault, and we have had use of the car for about two weeks. The rest of the time it has been in the dealership garage.
We think that 7 weeks (the car is still at the garage as we write) is a reasonable period of time to effect a repair on a car fresh from the production line.
Obviously we paid the requisite deposit and the first monthly rental. Bot***** *****ne is we are paying out for something we have not got and can't enjoy.
Rights please - the manufacturer / finance company are prevaricating?
David & Ann Morton
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why haven't they provided a courtesy car?
Customer: replied 1 year ago.

Dear Jo

Sorry - we should have said, we do have a courtesy car.

Expert:  Jo C. replied 1 year ago.
OK. Is it the same specification roughly?
Customer: replied 1 year ago.

Our car is a Nissan Qashqui N tec + automatic. Courtesy cars we have had to date are 1) a Nissan Micra and 2) a Nissan Juke. Neither a like for like vehicle, but beggars can't be choosers!

Ann & David

Expert:  Jo C. replied 1 year ago.
Clearly there are faults and they have a duty to provide you with a car that is roadworthy.
If they had left you with no car at all then it would be possible to argue that you should be provided with an immediate replacement but the provision of a courtesy car makes things harder.
This is all a test of reasonableness. They have offered a replacement that does offer you a mode of transport so it is not possible to argue that you are suffered onerous inconvenience. The plain fact remains though you are paying for a car that is not what you have received and that can only be allowed to go on for so long.
If the fault has displayed itself five times and they have taken seven weeks over repair then I do think you could demand a replacement immedatiately or with a very short notice period.
Escaping the lease agreement is harder to do. I do not think you can get over that hurdle at this stage and to do so you would need to give them at least one months' notice and then there would still be an argument upon the point in court.
Can I clarify anything for you?
Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you. I'm fine for the time being. Garteful for your advice.

David M

Expert:  Jo C. replied 1 year ago.
No problem.
Please remember to rate my answer.