How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Anthony Chendo Your Own Question
Anthony Chendo
Anthony Chendo,
Category: Scots Law
Satisfied Customers: 144
Experience:  Solicitor at BLM
106282438
Type Your Scots Law Question Here...
Anthony Chendo is online now

I have a car on PCP, it has only done 60k miles, it has

This answer was rated:

I have a car on PCP, it has only done 60k miles, it has developed a critical issue that requires the engine to be replaced, who's liable?
Assistant: Where are you? It matters because laws vary by location.
Customer: Scotland
Assistant: What steps have you taken so far?
Customer: Nothing
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I'm over the termination threshold on the PCP

When did you purchase the vehicle and Do you believe the critical issue was there before it was sold to you

Customer: replied 7 days ago.
It was purchased in November 2016 so it's hard to say if it was an issue then, however it did have a coolant leak within the first few months so this could be connected. It's also worth stating that this is a known issue with this exact engine.

The law in question which can assist you is the sales of goods act. Which states products sold must be fit for purpose and of satisfactory quality. However given the time period between sale and the point you noticed the defect the onus shifts to you to prove that the defect was there at the time of sale and thus the vehicle was not of satisfactory quality

In order to obtain such proof you will need an engineer report to state this position. Therefore I suggest you seek to obtain one in order to support your argument because the traders standpoint is the vehicle was sold to you was free from any defects

If you can prove your argument then you can seek repairs to the defect at no costs to you.

I hope I have answered your query and if so please rate the answer given using the stars button at the top of your screen

Customer: replied 7 days ago.
I'm past the voluntary termination period of the PCP contract, what would happen if I handed back the car with this issue?

In the absence of sight of your contract If the car is handed back and they detect the fault they could charge you for it which may be a lot more expensive than your local repairer may charge.

Hence it is important to consider getting a report done on your vehicle

Anthony Chendo and 2 other Scots Law Specialists are ready to help you
Customer: replied 7 days ago.
what type of report?

A report from a car mechanic which details the fault of the car the price to fix and whether the fault was something that has been there before you received it