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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SolicitorRM Your Own Question
SolicitorRM
SolicitorRM, Solicitor
Category: Australia Law
Satisfied Customers: 2753
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Australia Law Question Here...
SolicitorRM is online now

I bought a new MG 6 car in 2015. In 2016 the regulator for

This answer was rated:

I bought a new MG 6 car in 2015. In 2016 the regulator for front nearside window ( passenger ) packed up, this was repaired under warranty, now 3 years later it has packed up again.
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Hampshire. I bought the car from Sewards who were then taken over by Hendy's. My question is that I thought a window regulator should last more than 3 years. is this deemed a reasonable time or should it last longer. Have I got a reasonable case to go MG to get compensation as the parts and labour are costing me about £277.00 to £290.00.
JA: Has anything been filed or reported?
Customer: I went to Hendy's yesterday and they have done a temporary repair to make vehicle secure. They have ordered the part which I have paid for in advance as is there custom.
JA: Anything else you want the Expert to know before I connect you?
Customer: i don't think so except how do I stand.

Hi thank you for your enquiry and your patience. I am reviewing your question now

If you bought it after October 2015 then the Consumer Rights Act 2015 applies to you. If bought prior to oct 2015 the terms of satisfactory quality and fit for purpose are implied as opposed to being expressed. Under the 2015 Act you will have lost the right of rejection now as this is only available in the first 30 days. After the first 30 days and before 6 months the seller has the burden of proving that the vehicle was not defective (so of satisfactory quality) and was fit for purpose. You are now past this. You have 6 years to make a claim so yes you can make a claim but the burden is now on you to show that the vehicle is not of satisfactory quality. The defence you will be presented with is that it has been 3 years and therefore there is wear and tear. What you will need is for an engineer to confirm in a report that the defect is not expected in a vehicle of your vehicle's make and age and after the mileage covered. Should you get this independent professional view then yes it is worth pursuing and they would have to reimburse the cost you have had to incur to repair, Regrettably is no professional is prepared to confirm this, legally you will find it impossible to discharge the burden of proof. I hope this is useful to you and I would be grateful for your rating at your earliest convenience,

SolicitorRM and other Australia Law Specialists are ready to help you