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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 25695
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought a 2.7 Twin Turbo Diesel Jaguar S-type for £12,495

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I bought a 2.7 Twin Turbo Diesel Jaguar S-type for £12,495 with 29,946 miles on the clock in June 2011. It has 1 year Jaguar warranty and has had a number of warranty repairs since purchase and requires an oil change on average every 1,800 miles (last time was 872 miles). With 39,985 miles on the clock the car is unfit for purpose and I would like to return it for a replacement or my money back. I borrowed £10,000 on HP ( the current settlement figure is less than that) and paid Perrys Jaguar Huddersfield £2,495 (£1,250 p/x allowance + £1,245 cash). I have also paid out for several oil changes (a service should not have been necessary until March 2012 according to the service record) and I have paid £546.46 for a tow bar to be fitted.

To whom do I return the car and from whom can I get reimbursement please?

Joshua :

Welcome to JustAnswer! If you've queries once you've read my answer do ask. When satisfied, please kindly click the Green ACCEPT button.

Joshua :

Have you raised your desire for a refund with the garage please? If so what has bee their response?

Customer:

The diesel particulate filter is specifically excluded from the Jaguar warranty, but because of the car's problems it was provided half by Jaguar and £350 (the other half) from Perrys from whom the car was purchased and Stratstone Bolton fitted it for free. I had suggested to Perrys that if they did not pay for this item, I should return the car as unfit for purpose. Both Perrys and Stratstone thought the DPF would solve the problem, but it didn't and the car had to have an oil change (free) after 872 miles and we are currently waiting a response from Jaguar Engineering - but I do not hold out much hope.

Joshua :

Thanks. How many times has the garage tried to repair the fault on the car roughly?

Customer:

At least 3 times + 4 oil changes + an emergency oil change at another garage. Also the process was monitored by Jaguar Customer Service whom I will contact again if there isn't a satisfactory solution. But again I am not very hopeful.

Joshua :

Thanks. The position here is that you have two differing sets of rights. The first set of rights you have against the manufacturer under the warranty and these rights are somewhat limited as you have discovered insofar as that they are limited to the terms of the warranty which may or may not be helpful to you in this case.

You have a another set of rights by virtue of your contract with the dealer from whom you purchased the car. This set of rights are much more extensive as terms are implied into your contract by virtue of the sale of goods act that the car must be of satisfactory quality, fit for purpose purpose and as described. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage. if the fault initially occurred within the first six months after your purchase, then it is automatically assumed to be the dealers liability unless they can prove otherwise. If it did not occur within the first six months then it is the show on the balance of probability that the fault is an inherent fault rather than has been caused by damage caused by you.

your absolute right to return the car expires after a few days however after that, you're entitled to ask the dealer to repair, replace or refund the car at their discretion. You required to offer than reasonable opportunity to repair the same if this is their decision. at this stage, you have already done so and if you have not already said as much to them, you should advise them in writing that given the number of times they have attempted and failed to repair the car in the past, if we are unable to repair on this occasion, you expect to return the car for a refund or replacement.

You can claim from the dealer from whom you bought the car at this stage a full refund less a sum to account for the use you have had from the car. This sum should be reasonable and the usual manner of calculating this is ascertaining what amount would have been charged for the car with the increased mileage level on it by the dealer and settle on the difference between the two figures. Under the sale of goods act, you are entitled to put in the position he would have been had the car not failed.

Joshua :

as regards XXXXX XXXXX the finance house is jointly liable with the dealer in respect of the car under the provisions of the consumer credit act he would be entitled to settle the finance without penalty on this basis

Joshua :

is there anything further I can assist with?

Customer:

Yes please. In the last paragraph of your reply 'credit act he' - who is 'he'? And in the last sentence of the previous paragraph 'you are entitled to put in the position he would have been had the car not failed' - please clarify.

Joshua :

Sorry - this is a typo. My clumsey fingers. It should read:

Joshua :

as regards XXXXX XXXXX the finance house is jointly liable with the dealer in respect of the car under the provisions of the consumer credit act. You would be entitled to settle the finance without penalty on this basis


Customer:

Thank you for your help.

Joshua :

A pleasure

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