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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73939
Experience:  Qualified Solicitor
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I paid for a fault to be fixed last october on my wife’s

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Hi, I paid for a fault to be fixed last october on my wife’s car, An independent garage fixed the issue by replacing a part that they purchase d brand new from a Landrover dealer. The part replaced has again failed and I’m wondering if I can claim on some kind of part gaurantee but not getting much forthcoming help from the Landrover dealer where the part was purchased
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: uk, Leeds
JA: What steps have you taken so far?
Customer: was going to return to the garage that fit the part , but was temporarily closed, so asked another garage to diagnose, they diagnose same part
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Don’t think so

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long ago was this please?

Customer: replied 16 days ago.
Original repair October2020

Thank you. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 16 days ago.
Please cancel the call and continue on chat

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Whether you can claim under any part guarantee will depend on the existence of such guarantee and whether it was actually offered by the manufacturer. You have to remember that guarantees are discretionary and not something they legally have to offer. Therefore, it is entirely possible that no guarantee exists for the part at all and you have no rights against Land Rover in that respect.

Still, when a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- 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, the consumer will have certain legal remedies against the seller/supplier, which is the garage.

If the goods do not meet any of the above criteria, the consumer’s 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 applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.