Issues with Car from new - Merchantable Quality

pvsol

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System

pvsol wrote: »

The fault is with the Technology which I suppose wouldnt be a major issue to most people but I am an on call doctor and need to be able to rely on it , which I cannot

Sorry but you don't need that stuff to be able to use the car as an on call doctor. In fact you'll find the emergency services actually remove all of that stuff in their cars so if a Paramedic and the Police don't need it neither do you.

neilmcl

Might be worth checking out the Jaguar forums to see if anyone else has this issue and if they've managed to resolve it.

shaun_from_Africa

AdrianC wrote: »

They're right. The consumer rights act does not apply to B2B transactions, nor does the consumer credit act.

No they are not.
Although the act is called the Consumer credit act, it does not only apply to private consumers.

S75 of the CCA states:

(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor

And if you look up the definition of a debtor in the CCA it is:

debtor” means the individual receiving credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement includes the prospective debtor;

And what is "an individual?

individual” includes—
(a) a partnership consisting of two or three persons not all of whom are bodies corporate; and

(b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership;]

This is backed up by the financial ombudsman:

The amount of credit provided to the consumer towards the purchase must not exceed £25,000, and must have been provided to an 'individual' (which includes sole traders, small partnerships and unincorporated businesses, as well as ordinary consumers).

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm

sevenhills

Mercdriver wrote: »

Are you applying the rules for a consumer product to a business product? The rules are different. Is it fair? not particularly, but the law is as it is.

The car is a Jaguar F-PACE, and I dont think a phone issue would be large enough to warrant returning the car as a private or business buyer.

bigisi

Seems even doctors aren't exempt from spitting their dummies out and deleting posts when the answers aren't what they want to hear.

Bless...

George_Michael

If anyone is interested in reading the full thread before the OP deleted their posts:
https://webcache.googleusercontent.com/search?q=cache:-74klmlVCa8J:https://forums.moneysavingexpert.com/showthread.php%3Fp%3D74488614+&cd=9&hl=en&ct=clnk&gl=tt