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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62489
Experience:  Qualified Solicitor
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I have a four year old car that we purchased on finance in

Customer Question

Hi I have a four year old car that we purchased on finance in Jan 2016, the agreement runs until Jan 2020 when we were going to refinance the remaining sum and keep the car. It broke down on 2nd July, the dealership (after 3 weeks of having the car) suggested that I misfuelled it - I am 100% certain that this is not the case as we have receipts for all our fuel purchases and the circumstances in which the car broke down denote that it couldn't have been misfuelled. The car also has a misfuelling protection device.
JA: Because real estate law varies from place to place, can you tell me where this is?
Customer: Greater London, UK
JA: What steps have you taken so far?
Customer: I've contacted the CEO of the Manufacturer on 20th August, his assistant has referred this to their Executive Support team that have requested fuel samples and photos of the fuel filler - that was three weeks ago, still no news. In all honesty they have had the car for 10 weeks, they could have done anything to it by now!
JA: Anything else you want the lawyer to know before I connect you?
Customer: If necessary I can send a copy of the e-mail I sent to the CEO which gives a timeline of what happened up to 20th August.
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

What do you specifically want to know about this, please?

Customer: replied 4 months ago.
Hi Ben, I'm going to try to send you a copy of the text from the e-mail I sent to the CEO of Jaguar Land Rover as it gives a timeline from when the car broke down to 20th August when I contacted him. I have been 10 weeks without a car today (that I'm still paying £500+ per month for) and feel strongly that the dealership is trying to cover the fact that their is a major fault with the car.
Customer: replied 4 months ago.
A timeline of my story with my current Evoque:
2nd July - During the afternoon of 2nd July this year, my June 2015 Evoque Dynamic (FM15 CDN mileage c.20,600 miles) stalled at traffic lights on a busy dual carriageway about 6 miles from my home in South East London. There were no warning lights, no stuttering from the engine, no sign that there was any problem with the car up to this point. The car would not restart and I had to be pushed into a side road. I had to get a cab back to my home as I had to attend my son’s school but called the AA and arranged to meet them with the car later that evening. The AA made a brief inspection, remarked on an excess amount of oil in and around the engine and were unable to start the car. The AA technician and I arranged for the car to be delivered by truck to Beadles late that night as it was the nearest dealership.
Wednesday 3rd July - I returned to Beadles the following morning and checked the car in with the service department. I was advised that the initial inspection would cost £100 and agreed to this.
Friday 5th July - Having heard nothing from Beadles I called to chase. At 5pm I received a call from the service department notifying me that after one hour’s inspection they had decided I would need a new engine, starter motor and turbo! A very speedy diagnosis!
Wednesday 10th July - Having heard nothing further from Beadles, I called LR Customer Service who advised that they would get further information on the car from Beadles and authorise them carry out a ‘good will’ inspection.
Thursday 11th July - advised by Beadles that LR had agreed to a ‘good will’ inspection and stated that they would need a ‘good will’ starter motor as they couldn’t even start the car to get diagnostic information - how did the technician know it needed a new engine, starter motor and turbo at this point if he had been unable get diagnostic information?
Wednesday 17th July - Called LR Customer Service again, they hadn’t received any request for a 'good will' starter motor, Laura (the customer service representative) was very helpful and said she would raise a case number ***** manager and they would be in contact that afternoon - there was no call.
Thursday 18th July - I e-mailed Raymond Capitain (the after sales manager) at Beadles. He was very apologetic said they should have been more pro-active, etc and that a courtesy car would be available from the following day.
Friday 19th July - Finally received contact from my case manager at LR Customer Services.
Saturday 20th July - collected courtesy car.
Tuesday 22nd July - 3 weeks on from my breakdown! - Beadles called to say they had received ‘good will’ starter motor, the car started up okay then died and they found that the main fuse had blown. They would be calling LR to request a ‘good will’ battery cable.
Suggestion started that I had mis-fuelled the car - 3 weeks on from the car being delivered to them??
I strongly dispute this for the following reasons:
I have owned and driven only diesel cars since 2002, we always refuel my car on my husband’s business card so we keep all receipts for tax purposes, I have checked these receipts and ALL clearly state that I have purchased diesel fuel.
Although it had taken Beadles 3 weeks to come up with the suggestion of misfuelling I can clearly remember the day of the breakdown - I had taken my daughter to school around four miles away, returned to a park near my home to walk my dog (so another four miles), driven home around 0.5 mile, been to Bluewater c17 miles away and got half way home where the car broke down in New Eltham c9 miles - surely the car wouldn’t have got this far had I misfuelled? Also there were no strange emissions from the exhaust, no stuttering of the engine - symptoms mentioned by others I have spoken to who have mis-fuelled cars in the past. I believe when the car broke down it had around 30 miles worth of diesel in the tank so I had obviously not refuelled it for many weeks, the last receipt I have for fuelling is dated 6th June and this clearly states Diesel.
Another point to note is that my model of Evoque was fitted with a 'diesel misfuelling protection device' - surely had I misfuelled it would be apparent!! According to the service manager at Beadles these are ‘only preventative and don’t always work’!! What’s the point of a ‘diesel misfuelling protection device’ if it doesn’t prevent misfuelling?
Thursday 25th July - Advised by LR Customer Services that they would be offering no support as they believed I had misfuelled the car.
I strongly believe that Beadles and Land Rover have made this claim to absolve themselves of blame for a clearly faulty engine.
I am currently left in limbo, when purchasing a £35,000+ car, one does not necessarily factor in the cost of a new engine at 20,000 miles - I’m now left with a bill of £1,016.28 for what once were ‘good will’ parts f
Expert:  Ben Jones replied 4 months ago.

OK, thanks, ***** ***** with me please and I will reply on here later today

Customer: replied 4 months ago.
Thanks Ben, three weeks on from contacting CEO and no progress other than being told they are waiting for the results of fuel samples and images of my car's fuel filler area - surely these things shouldn't take that long? I have been without a car for 10 weeks and I just need to know what you would suggest my next move should be. Many thanks for your time.
Expert:  Ben Jones replied 4 months ago.

Many thanks for your patience. The legal position in the circumstances is that if 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. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods. Do note, however, 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.

The rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and 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 that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the goods were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale. So if they disagree that anything is wrong with the car, it is down to you to prove that this is the case, so perhaps getting an independent mechanical opinion yourself may be helpful.

Once a decision has been made on which option you would pursue, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the County Court to seek compensation.

Does this answer your query?

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you