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Anthony Chendo
Anthony Chendo,
Category: Scots Law
Satisfied Customers: 714
Experience:  Solicitor at BLM
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I have a car on PCP, it has only done 60k miles, it has

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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 4 months 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 4 months 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 other Scots Law Specialists are ready to help you
Customer: replied 4 months 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