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: 69534
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I bought a nearly new car under a year ago and the clutch has

Resolved Question:

I bought a nearly new car under a year ago and the clutch has failed. I seem to be just out of the manufacturers warranty, but I believe the seller has an obligation to repair under guarantee within a year of purchase. Am I right?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
I presume it was brand new?
Customer: replied 11 months ago.
Yes it had just delivery mileage on it
Expert:  Jo C. replied 11 months ago.
When did you buy exactly?
Customer: replied 11 months ago.
I bought the car on 22 Feb 2015 after it had been in the showroom unsold since Dec 2014, when it was first registered. The clutch failed on 17 Feb 2016....just within the first year of purchase.
Expert:  Jo C. replied 11 months ago.
Ok. You are just outside of the new Consumer Rights Act 2015 and so reliant on the Sale of Goods Act but actually it really doesn't change much.The onus is upon you to prove that the fault, or it's propensity, existed at the time of sale. However, that is fairly easy to do with a new vehicle. Unless you have covered horrendous mileage or they are saying that the manner of your driving caused this they are under a duty to repair a fault of this nature. It has failed far earlier than it would have done if the vehicle and all it's components had been in satisfactory condition.Your rights against the seller are stand alone whatever the manufacturer guarantee says or does not say.Can I clarify anything for you?Jo
Customer: replied 11 months ago.
From my limited knowledge of the law, I think the car should have been of merchantable quality for the first year after being sold under the Sale of Goods Act 1979 and it clearly was not. The garage are reluctant to pay of course, but maybe I should go to North Yorks Fair Trading for some help?
Customer: replied 11 months ago.
or perhaps the Citizens Advice Bureau?
Expert:  Jo C. replied 11 months ago.
I wouldn't waste your time with either.They are liable to repair it.
Jo C., Barrister
Category: Law
Satisfied Customers: 69534
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions