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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We brought a brand new Mazda CX-5 in July 2013 for £27000 from

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We brought a brand new Mazda CX-5 in July 2013 for £27000 from a Mazda main dealership. We have had nothing but problems with it and it has been back to a Mazda dealership 4 times (all of which can be varified) for various software repairs which caused the engine to suddenly dip in power when I was driving along a motorway with my 2 children in the car, it was very frightening. The latest problem requires the entire cam shaft to be rebuilt which is a major problem and will have been in the dealership garage for 10 days. We now have no confidence in this car, and wouldn't dare risk keeping it when the 3 year warranty expires in 18 months time, therefore we are being forced in to selling and buying another new car a good 5 years before we intended to and and because of this financially we will have lost thousands of pounds. Are we entitled to request that Mazda either extend the warranty for another 3 years after the original warranty expires or for them to take our car and gives us a new one, as I did not expect this level of flakiness from a brand new £27000 car.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Have you approached them with possible solutions to this?

Customer: The dealership that we bought the car from offered us a brand new like for like Mazda CX5 for our car plus an additional £7500 but we don't see why we should be having to spend quite a bit more money when the point of having a new car is surely reliability and not having to spend thousands more when the original car should not be having this level of serious problems. I want to be armed with my legal rights when I'm dealing with them if I have any! They are currently investigating our case but I think it's unlikely they are going to offer to replace it but equally I will not be saddled with this car out of warranty?.
Ben Jones :

ok let me get my response ready please

Customer: Ok
Ben Jones :

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. 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. They have offered you a replacement and the reasons why you are not just getting a straight swap for a vehicle of equivalent value is that you would have made use of the car for nearly 2 years and there would be usage costs and depreciation of value so these would need to be taken into account. Had the replacement been done shortly after purchase then obviously these costs would have been lower but the further down the line you go the more you can expect the vehicle value to depreciate.

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.

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Customer: So we are entitled to ask them for a replacement under the sale of goods act 1979 as the vehicle is not of satisfactory quality? Reading between the lines are you advising me that we should expect to contribute something towards this as the vehicle will have depreciated in value? I had thought it likely we would have to contribute something but had thought a ceiling of £3-4k as £7.5k seems a lot when we didn't ask to be sold an unreliable car and have all this inconvenience never mind having to buy yet another car in 18 months time?
Ben Jones :

yes correct, you are likely to have to contribute something if you expect a like for like replacement. How much though is a moot point, there is no formal scale one can use to say a car of original value of X will have depreciated in value by X over a certain time. There will be many variables taken into account and in the end it would be up for negotiation between you and the company, but if that cannot be achieved then only a court can really decide that. That is where there is a degree of uncertainty as well because the value you may have to contribute will not be set and one judge on one day may come to a completely different decision to another on a separate day

Customer: Ok thank you very much, at least I now understand that I'm not being pie in the sky requesting a replacement but equally neither are they expecting a contribution. Best I get my best negotiation head on. Thanks a lot.
Ben Jones :

you are welcome, best of luck!

Customer: Thank you
Ben Jones :

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

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