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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61133
Experience:  Qualified Solicitor
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Assistant: How can I help? We bought a car 2 years ago age 6

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Hello,
Assistant: Hi. How can I help?
Customer: We bought a car 2 years ago age 6 years old. We serviced it early 2019 and had an ongoing issue with an engine light. It was taken to a Jaguar dealer in August for persistent light in engine and my husband was advised so long as no power failure no problem. We have gone back and forth to the service garage and raised a complaint to which they said they carried out all the necessary work. In early September on return from a trip to Ireland the power problem happened. The car was recovered to a Jaguar dealer via a recovery vehicle and a diagnosis of timing chains and other problems made including oil leaks which was carried out during the service. We were quoted £6500 circa to replace and fix the problem. My husband agreed to pay the cost as it is our only car. Having had the car for 3 weeks they advised that the engine was the problem and the timing chains masked this and we now need to pay £15,000 for a new engine. In short we cannot afford to pay this and the car which cost over £30k 2 years ago is not fit to drive or sell despite our concerns escalated to the servicing stop and Jaguar
Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Uk
Assistant: What steps have you taken so far?
Customer: Contacted Jaguar customer service and basically said they can’t help!
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Such as?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Where did you buy it from?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Jaguar dealer Tyne & wear

Thank you. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to be:

{C}· of satisfactory quality – they must not be faulty or damaged when received

{C}· as described – they must match any description given at the time of purchase

{C}· fit for purpose – they should be fit for the purpose they are supplied for

 

If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller. Also note 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 age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

 

The rights against the seller are:

 

1. Reject the vehicle and request a refund - this must be done within 30 days of purchase or delivery so that is no longer an option for you

 

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if the consumer wants to keep it, they can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase.

 

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the car 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.

 

Based on which option you are wishing to exercise, 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 legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.