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In April 2008,i paid 23000 pounds for an Audi with 18867 miles

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
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  • Accepted Answers: 23882
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in UK Law

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Customer Question

In April 2008,i paid 23000 pounds for an Audi with 18867 miles on the clock(from an Audi main dealer),2 months later with 23466 miles on the clock,i lost coolant, the garage relapaced the cylinder head and associated parts(under warranty).at 23591 miles replaced EGR valve (under warranty)at 24873 reported coolant loss again,no fault found Replaced cap(under warranty).
Now at 55000 miles on the clock i am going through the same again, a cylinder head replacement should not need changing every 30000 miles the garage has quoted 2911 pounds but with good will 2083 pounds,could you clarify whether this should come under the sale of goods act, as i believe the effected repairs have not lasted, and could i claim my money back

Regards
R J Kup-ferroth

 

Optional Information:
System of Law: England-and-Wales

Already Tried:
talking to the garage involved, seeking advice from trading standards Bedford.

Submitted: 316 days and 17 hours ago.
Category: UK Law
Value: £43
Status: CLOSED
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Expert:  Jomo1972 replied316 days and 17 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Are you hoping to claim a full refund of the entire sum you paid?

Customer replied316 days and 17 hours ago.

FOR JOMO1972 ok service


Yes as i believe the repairs were not of a satisfactory standard, you should not need to change a cylinder head every 30,000 miles

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Expert:  Jomo1972 replied316 days and 16 hours ago.

You mean the repair not the entire price of the car?

Customer replied316 days and 16 hours ago.

FOR JOMO1972 Yes the return of 2083 pounds for the repair as the first repair 30.000 miles ago has failed again

Accepted Answer

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Expert:  Jomo1972 replied316 days and 16 hours ago.

OK.

Obviously the purchase of the car was some four years ago and you would be outside of warranty now.

The advantage you do have is that the fault was reported within the warranty period and within the first six months of sale engaging the presumptions in your favour under the SoGA.

The question here is whether or not this has lasted a reasonable time. Clearly the initial faults were caught by the SoGA and the warranty and they resolved them.

In truth, there is an argument that they should replace it for free on the basis that the last repair must have been inadequate. Whether or not they would want to argue it if you were to sue is another matter. They may well be willing to offer something to avoid bad publicity.

If the matter were to go to court I'm afraid that you may face the argument that its lasted a reasonable time. It has been some 3-4 years since the last repair. One would expect a car to begin to develop some problems in that time. That said, you could argue that the relevant measurement is the mileage and not the time elapsed.

Overall, I would be concerned though that a court may say that this car and its consequent repairs have lasted for a reasonable time and so there is no ongoing liability I'm afraid. Thats not to say its not worth trying but there is a significant risk of failure. Although this was a fault noticed with the first six months of sale that does not mean they are liable for its manifestations during the lifetime of the car.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.

Expert TypeBarrister
Category: UK Law
Pos. Feedback: 95.6 %
Accepts: 23882
Answered: 7/7/2012

Experience: Bar Exams, over 5 years in practice.

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Customer replied316 days and 16 hours ago.

Not a lot of help i'm afraid, A cylinder head should not go once if the engine has been manufactured correctly,let alone every 25-30,000 miles

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Expert:  Jomo1972 replied316 days and 15 hours ago.

I'm very sorry but I cannot change the law and a three year old repair is not likely to offend.

 
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