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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Statotory rights consumer law, i had an engine replacement

Customer Question

statotory rights consumer law, i had an engine replacement in jan 15 and after 16 months the engine failed again due to substandard parts fitted. Company who replaced the engine are standing firm on the 12 months warranty, however after a letter stating good and services act, they offered a half price deal - i have not taken this as i think its an admission?
JA: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: i paid using my current account and credit card so section 75 is not an option
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Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 6 months ago.

How long has it been since they made this offer to you?

Customer: replied 6 months ago.
its been a few weeks
Expert:  Ben Jones replied 6 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. 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 are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to 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 goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules 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 follow should they refuse to assist you, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 6 months ago.
Hi Ben, thanks for your reply, however without sounding rude here although fear that it may, I was hoping for a little more substance for £38! to put in context, I have googled this subject and already written a letter by post recorded detailing much of the above with substandard parts in addition. i have paid for an independant vehicle inspection which outlines the failure of substandard parts which caused the catastrophic engine failure.i guess i'm after a bit more advice and positive actions which amount to more than a google search
Expert:  Ben Jones replied 6 months ago.

hello this is by no means the end of my response. As mentioned I have more detailed advice for you and can also answer follow up questions to clarify your position. However please leave a positive rating first and then I can continue. Thank tou

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Positive rating left....
Expert:  Ben Jones replied 6 months ago.

Thank you. I will outline the steps you are required to follow in these circumstances. I appreciate that you may have already followed some of them but it is best to discuss the full procedure from start.

In the circumstances if you cannot get the other party to resolve the issue to your satisfaction then you can consider praying them for compensation. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.

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