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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There. We have a Jaguar XF 2009 and it has intermittent

Customer Question

Hi there. We have a Jaguar XF 2009 and it has intermittent fault which the dealer is unable to detect which impacts the performance of the car. We have paid twice to have this fixed but fault came back. Car has 20000 miles and they say it might be turbos which will be £3.5k to replace. We refuse to proceed with this as the dealer is not definite that this is cause. We purchased this from new from dealer and wanted to check our position legally if this is a manufacturing problem and car can't be fixed. Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long ago did you buy the car? Also is the car still under any warranty by the manufacturer?
Customer: replied 2 years ago.
Purchased in February 2009 - warranty expired after three years
Expert:  Ben Jones replied 2 years ago.
When did the fault initially become apparent?
Expert:  Ben Jones replied 2 years ago.
When you buy a car from a dealer you will have two sets of rights – one is the warranty which is a contractual protection and is against the manufacturer. The other is your statutory rights against the seller. The warranty is only valid for as long as it is stated so if it expired after 3 years then your rights against the manufacturer would cease. From then on your only rights would be against the dealer, as the seller in this transaction. When a consumer makes a purchase from a business seller, certain 'statutory' rights apply 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. If you bought the car in 2009 then you would be too late to consider rejecting it. 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. Therefore in your case you would need to show that the car was at faulty at the time of sale and that it was basically sold to you defective. You may have to get an independent specialist to confirm this as it is not down to you to prove that the car was faulty when you bought it. So 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. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you