Thank you. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:
· of satisfactory quality – they must not be faulty or damaged when received
· as described – they must match any description given at the time of purchase
· fit for purpose – they should be fit for the purpose they are supplied for
If they do not meet the above requirements, you will have certain legal remedies against the seller (not against the manufacturer as they will only be responsible under a manufacturer’s warranty that came 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.
In this case you can try and argue that the car was not of satisfactory quality or fit for purpose if the clutch has failed after such a short period of time, considering it was brand new.
The rights against the seller are:
1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery.
2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.
However, as it is now more than 6 months after purchase, if you are bringing up any issues you have to prove that they are as a result of a fault or defect, rather than caused by you. That is where it may be useful to use an independent professional opinion. In any event, that would only be necessary if the seller refuses to resolve this and you are forced to take more formal legal action to pursue them for compensation.
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