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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought a car from a dealers on finance, a month later the

Customer Question

I bought a car from a dealers on finance, a month later the A/C got a problem and the garage gas it and it works. Month later it started again this time they changed the A/C and is fine. Three weeks after the brake pad needed to be changed and I did it on my own expends. Within six months of having the car the cambelt is gone and the warranty company are agreeing to repair the car because they are saying that I drove it without servicing it for 21000 miles and they say it should be service every 12500 miles from the manufactors guide. When I bought it their was no car manual book with it, the only thing I got was the car service book, which saw that the previous owner was servicing the car every 25000 miles because of that I had to rare only the service book. Now I spend more that £3000 to fix the car and the pass 6 months my car has been in the garage. The company did not give me a courtesy car and I spend another £3000 to rent a car to work. How can I get my money I spend and how to return the car to the garage to repair it?
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

how old was the car when you purchased it please?

JACUSTOMER-p44bnzxa- : 5 years old
Josh-2010 :

Thanks. Does the car service log not contain serviving recommendation intervals in it? Have you confirmed that what you have been told is correct - e.g. should be serviced ever 12.5K miles?

JACUSTOMER-p44bnzxa- : No, yes I thing it is correct but I don't think it is mention when to be service in the car manual.
Josh-2010 :

thank you. Finally, do you think that there is a direct connection between your failure to service the car on time and the specific defects that have occurred or do you think the two are unrelated?

JACUSTOMER-p44bnzxa- : I think their is a defect and misled to service it.
Josh-2010 :

I beg your pardon but I do not entirely follow that last post. Could you kindly clarify it?

JACUSTOMER-p44bnzxa- : Yes I think so
Josh-2010 :

Do you mean to say you don't believe your failure to service is related to the failure of the cambelt? Do you know after how many miles the cambelt is recommended to be changed and how many miles the car has now travelled?

JACUSTOMER-p44bnzxa- : Yes I think is the failure to service the cambelt causes the breakdown.
Josh-2010 :

Thanks. OK the legal position is as follows:

Josh-2010 :

The position here is that you have two differing sets of rights. The first set of rights you have against the warranty provider under any warranty they have offered you or any warranty from the manufacturer which of course may now have expired but these rights even if you have them are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous. In practie a failure to service in line with the warranty provisions is likely to severly prejudice or invalidate your claim under the warranty. However...

Josh-2010 :

You have a another set of rights by virtue of your contract with the dealer from whom you purchased the car. This set of rights are much more extensive as terms are implied into your contract by virtue of the sale of goods act that the car must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage. from what you say, as it is less than six months since you purchased the car you therefore do not need to demonstrate that the faults are inherent in order to make a claim against the dealer from whom you bought the car.

Josh-2010 :

The risk here is that if the dealer can show that had you serviced the car in line with any manufacturers recommendation the cam belt would likely have been picked up as an issue and would not have broken as a result, this is going to be critical in the success or not of your claim.

Josh-2010 :

If you believe on balance that had it been serviced in line with manufactuers recommendation it would not have happened then any claim you bring is likely to be very difficult. If on the other hand this is not the case then you may nevertheless have a basis for a claim against the dealer.

Josh-2010 :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.