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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 61674
Experience:  Qualified Solicitor
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My six year old Vauxhall Mokka bought new from a dealer in

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Hi My six year old Vauxhall Mokka bought new from a dealer in Scotland developed a significant fault (repair costing £4,720 which is only slightly less than the trade in value of the vehicle. This fault was advised to the original dealer before the vehicle was six years old. I thought I had rights under the Sale of Goods Act 1979 but I believe that these rights only exist up to five years after purchase not six years (which apply to the rest of the UK.Do I have any right of redressMany thanksGraham

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

How long after buying it, did it develop a fault?

Customer: replied 9 days ago.
The fault is corrosion to the rear differential casing, which has resulted it being holed and need in replaced. This was identified three weeks before the six anniversary of the car being purchased new from the original dealer

Thank you. 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.

Many thanks for your patience. If you bought it 6 years ago, then it would have been the Sale of Goods Act 1979 which applies (it has since been replaced by the Consumer Rights Act 2015). Also, you are correct that the limitation for claiming under the legislation is 5 years in Scotland, which means that if the purchase was more than 5 years ago, you are now unfortunately out of time to make a claim against the dealer. It means that any right of redress is now entirely down to the seller and whether they exercise their discretion to assist you.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

Customer: replied 8 days ago.
Thanks for that Ben - does that also mean I have no action under case law or common law. Clearly it would be normal for the " reasonable man" to expect a regularly serviced vehicle to last six years before attracting an end of life problem (the dealer has no explanation for the problem).

Afraid so. This is a consumer rights issue, not a common law matter. Unfortunately issues like that do happen, even though they are rare, and the law considers that the time limit issued by law is sufficient for any serious issues to come to light. One cannot expect retailers to have indefinite liability for issues with their products, hence the time limits are introduced by law. It is just unfortunate timing in your case.

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