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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47415
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have had a engine supplied which has failed?

Customer Question

I have had a engine supplied which has failed?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you please provide more details of what has happened?
Customer: replied 1 year ago.
I gave my car into garage. they supplied me a second hand engine. It broke down after 2 months. I took to dealer they said engine fault. What can I do?
Customer: replied 1 year ago.
please help
Expert:  Ben Jones replied 1 year ago.
Were you a private customer or a business one?
Customer: replied 1 year ago.
Private
Expert:  Ben Jones replied 1 year ago.
Thank you. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:· of satisfactory quality – they must not be faulty or damaged when you receive them;· as described – they must match any description given to you at the time of purchase; and· fit for purpose – they should be fit for the purpose they are supplied for, If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. If the goods do not meet the criteria mentioned above, you will have the following rights: 1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase. 2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative. A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet 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 fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale. As you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act 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. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take to try and pursue them for compensation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. In the circumstances you can treat the value of the engine as a debt. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
What if at this stage they offer me a partial refund minus usage? Also they have offered to supply another used engine as long as I give original back.What is my stance?
Expert:  Ben Jones replied 1 year ago.
You are free to either accept or reject these offers - it really depends on what you would prefer. You would be liable for usage so if the offer of a refund is fair then you may wish to cnsider taking it. They have also offered a replacement which you can take if that would resolve the issues
Customer: replied 1 year ago.
If I reject what are my options?
Customer: replied 1 year ago.
If I take things further will it not be said I refused fair offers?
Expert:  Ben Jones replied 1 year ago.
that is a risk - what you have to remember is that going to court does not guarantee a better outcome, so you could take it to court and spend the time and money and end up in the same or worse off position. There will always be a gamble with this approach so you will have to decide if you are happy to accept the current offers or risk it and go to court