SAD FART Rule

Notsomortgageman

This is in regards to a recent post on a well known social media site by Martin himself, explaining our legal rights (SAD FART), Satisfactory quality As Described (SAD) and Fit for purpose And last a Reasonable length of Time (FART).

my question is does this count when your talking about a car purchase, I purchased a 2017 Jaguar about a year ago, this was from a second hand car dealer and obviously the Jaguar warranty had ran out but I was given a 3 month one with the dealer, there was an issue found early on with the car that Jaguar tried to diagnose and the dealer paid for the parts to rectify, this went on for the 3 months warranty but sadly never got rectified, the issue and nearly a year later has turned into my car requiring a new engine (this problem with the particular engine is well known by Jaguar), when the issue was first identified the car had roughly 60k miles on the clock, Jaguar are refusing to help and I’ve not contacted the dealer as they are even worse. In my head though a car that’s really expensive and only lasts 60k miles before having to replace an engine at a cost of roughly £16k is not satisfactory and certainly not a reasonable length of time.

Could I legally challenge them, either Jaguar or the dealer? With this issue we’ll know by Jaguar and it happening to a lot of these particular vehicles, I’d of thought someone would of tried already but guessing they are too big and would not be financially beneficial.

many thanks in advance. 

[Deleted User]

Well first thing contact the dealer. How did you pay for the car?

boobyd

As above. 
Also what was service history on buying car, was it up date, within miles/time
And what since purchase. 
If all to spec try Jaguar for contribution

Notsomortgageman

Hi, thanks for your replies. I purchased the car with cash, I’ve contacted JLR in regards to this and was told they will not help or assist with the costs. Also, the service history was and is all up to date and only ever carried out by JLR themselves. 

macman

What is the specific fault that requires an entire engine replacement? JLR don't have to help. It's about 3 years out of the manufacturer's warranty, and you have no contract with them. Your statutory rights under CRA2015 are with the dealer, and after a year you are going to need to prove a pre-existing fault, by way of an independent inspection and report..
100% cash? Not even a small deposit on a credit card maybe?
Why you have not contacted the dealer is baffling, as they're the only possible source of redress, since you cannot apparently do a chargeback (too late) or an S75 (if no credit card used). 3 months dealer warranty on a relatively new car (5 years old at that point) is very little, but these dealer warranties are pretty much worthless anyway.
Your only option is an LBA to the dealer, and then a civil action. £16K is above the small claims limit.

Notsomortgageman

There is a manufacturing flaw with these types of engines (so Jaguar themselves tell me) where the material used for the cylinder blocks wasn’t good enough and wear ver fast, there is also a lubrication issues known that doesn’t help. The proof of the existing fault was finally diagnosed after the 3 month’s warranty hence why I’m asking the questions. And I paid cash as don’t really use credit cards. 

Notsomortgageman

Sorry but what is a LBA?

sheslookinhot

Sounds like a latent design fault. Discuss with a lawyer or Citizens Advice.

EssexExile

Notsomortgageman said:

Sorry but what is a LBA?

It's a TLA. That's a Three Letter Acronym and it stands for Letter Before Action (or Leeds Bradford Airport).

Wonka_2

Notsomortgageman said:

There is a manufacturing flaw with these types of engines (so Jaguar themselves tell me) where the material used for the cylinder blocks wasn’t good enough and wear ver fast, there is also a lubrication issues known that doesn’t help. The proof of the existing fault was finally diagnosed after the 3 month’s warranty hence why I’m asking the questions. And I paid cash as don’t really use credit cards. 

So which engine/model are we talking ?

I've had experience with Jaguar in a similar position (but not to 'engine replacement' level)

Mine was 2yrs out of warranty at that stage and had been bought from an independent BUT I had had follow-up servicing carried out at JLR Main Dealer and they went into battle on my behalf

At 6yrs/60k miles you're well into potential 'end of life' territory depending how it's been treated over that time and the fact that it's a year since purchase (and 9 months since the original issue was fixed) isn't in your favour.

Without a written statement from Jaguar (or dealers technical update) you're unlikely to have a case based on what they've told you. In your position I'd be looking for others in a similar position on Jaguar Owners forums/FB groups and finding any who've had success with the same issue. If it's as common as you say then there must be some.



 

Notsomortgageman

It’s a Ingenium 2L Diesel and the investigation work for the issue has all been carried out by Jaguar so I have it all in writing, they admit it’s a common issue with these engines. 

I would have thought regardless of age a vehicle that’s been regularly serviced by JLR and well looked after should last a reasonable length of time, not 60k miles.