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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took delivery of a new Bentley Flying spur on 30 March,

Resolved Question:

I took delivery of a new Bentley Flying spur on 30 March, 2015 at a cost of about £150,000 On 9 April, the cruise control failed. It has failed on at least 8 occasions since then and been into the dealer for attempted repair on each of these occasions. It has never worked on any of the long trips we have undertaken and we have told the dealer that we are now finished with this car. The dealer suggested we pay £40,000 to have it replaced.
I told the dealer on 27 August that because the car had failed within 2 weeks of delivery to us and they had three attempts to repair it within six months, it had failed the test of the Sale of Goods Act. We received no reply. What are our rights under the Sale of Goods Act?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?
Alex

Customer: replied 1 year ago.
To know what are our rights under the Sale of Goods Act? I suspect that we may be due a replacement vehicle to the identical specification or a complete refund of our purchase cost.
Expert:  Ash replied 1 year ago.

Actually the Consumer Rights Act 2015 replaced the Sale of Goods Act, but its similar, goods must be as described, of suitable quality and fit for purpose.

If the goods are faulty within the first 6 months then they are deemed to be faulty.

Just to be clear, its only the cruise control which is faulty?

Customer: replied 1 year ago.
but this was a required feature since we use the car for long trips from Glasgow to the Algarve
Customer: replied 1 year ago.
I presume that since we took delivery on 30 March, 2015 it is the Sale of Goods Act which applies
Expert:  Ash replied 1 year ago.

Yes I understand. I dont think you would be able to reject the whole car because of this - they should fix it, even if you get a second opinion. I can not see a Court saying you are entitled to a refund 100% on the basis a small overall part is not working. This is because its not as if you cant drive the car, you can - its more of a comfort thing.

But if you are not happy you can try and demand a refund and sue them for breach of contract. But if I were you I would get a second opinion, someone else to look and fix it. If that is fixed then you would be entitled to claim that additional cost of repair. That is more realistic.

But because you have already had a number of repairs to the car, you are not entitled to a refund. If you had NOT had a repair then you could have rejected the car, but the law says because you have had 2 repairs you can't claim a refund.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

But you can certainly sue for breach of contract and claim loss and damage.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
no thank you . I was under the impression that if the dealer was given three opportunities to repair the fault and still had not, then the Sale of Goods Act was breached.
Expert:  Ash replied 1 year ago.

That does not mean you can reject overall, they MUST continue to repair or if that fails, replace.

But get a second opinion, that seems to be to be the best option- they would then have to pay for this.

I hope this helps. Alex

Customer: replied 1 year ago.
They have attempted repairs on 9 occasions. Is there no limit?
Expert:  Ash replied 1 year ago.

Sadly not. You can sue for loss and damage, but cant demand a refund. If you had not had a repair, then you could have rejected it.

Does that clarify? Alex

Customer: replied 1 year ago.
It apparently does. Thank you.
Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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