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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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I bought a jaguar xf car from sturgess jaguar in 2018 and

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i bought a jaguar xf car from sturgess jaguar in 2018 and the drivers seat cover has just falied. I have taken it to a car restorer for repair who has told me the car seat is covered in vinyl. The car was advertised as having leather seats. Do i have any case to go back to the dealer for redress for false representation when the car was sold to me
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: no i have just had it confirmed about the vinyl covering you are my first port of call
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no you have all the facts. am in south leicestershire

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can you tell me the model and year and did you not realise the seats werent leather?

Customer: replied 16 days ago.
the car is a Jaguar XF first registered in 2015 i bought the car in june 2018 and still have the original advert from the dealer. I could not tell that the seats were not leather and i would say most people would have no reason to doubt the dealers advert particularly with a prestige car like Jaguar. The dealer is a jaguar main dealer so no reason for me to doubt their word

Under the Consumer Rights Act goods purchase from a dealer must be of satisfactory quality, fit for purpose and as described although a private purchase, they don’t have to be fit for purpose and they don’t have to be of satisfactory quality but they must still be as described.

I appreciate that it was only 3 years ago but I cannot see why you should not have a claim bearing in mind that under the Limitation Act, the time limit is 6 years.

How much to claim for?

The difference between the value of the car with leather and the value of the car with vinyl.

Don’t expect the dealer to pay up even with the threat of court proceedings and you are likely to end up in the Small Claims Court.

Gather your evidence with regard to the difference in price and then write to the dealer asking for their proposals and telling them what you want.  Give them a deadline.

The new Moneyclaim beta system is easy to use:

the new system is much better than the old government Gateway system.

You can prepare the proceedings now, at your leisure, save them, and then just pay the fee and press the button when the deadline in your letter before action, expires.

It's then just a case of following the court process and responding to any emails that you receive.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and other Law Specialists are ready to help you