Jaguar XF - Used car, radio malfunction. What are my "rights"?

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Wed 14 Dec 2016 13:42
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Uncle Vito

Hi all. New to this forum and hope someone can help. Apologies if this is posted in the wrong place, moderators please move it if it is. I'll try to keep it as brief as I can!

Bought a used Jaguar XF 58 plate a few months ago from an independent dealership. After I'd driven it away, I realised the AM radio wasn't working at all. (I'd tested the FM/CD on my test drive, but not the AM). I don't listen to AM a lot - only when there's some cricket or golf on, but I rang the guy at the dealership straight away to report it.

He said they wouldn't normally cover such issues under their aftercare plan, but suggested I took it to a Jaguar dealership near to him to see what they said. Both his dealership and the Jaguar one he suggested are around an hour away from where I live so it's not easy for me to get to.

Anyway, in the meantime now the FM radio has started malfunctioning. Sometimes it's fine, other times the radio cuts out completely and won't tune into any stations at all. I've also had another issue with an engine management fault light on the car, which I also reported immediately. He said to bring it back to sort that issue and I've just had the chance to take it back - I left it with them three days ago. When I dropped it off I asked him if he could organise for the local Jaguar place to look at the radio issue as well, which he said he would.

He called me an hour or so ago and said he'd taken it to Jaguar who had run diagnostics on the engine fault and apparently it's now sorted. However, the radio issue is not an easy one to remedy. I can't remember the exact part he said it needed, but it's some sort of main part which costs over £500 before labour. He reiterated his previous statement that "it's not something we'd normally cover".

So I asked him if he could get a better price from them to fix it than what I'd be able to get if I went to them directly myself. He said he would. I then said to him that in all honesty I wouldn't have bought the car if I'd known about this fault - I'd either have walked away, or asked for it to be rectified. I said to him, with that in mind, what could he do. He said he might be able to make a "small contribution".

I've left him to get me an accurate price and to tell me exactly how much he will contribute to it. I'm of the opinion that I wouldn't mind paying a bit, but over £500 seems excessive. If I don't get it sorted I can see the FM radio issue just getting worse, which will be really inconvenient.

So what are my "rights" in this situation? Should the dealership stand the full cost? Should they pay half? Do I kick up a stink and demand they either sort it or I want my money back?! Or are they likely to be in a legal position that means they aren't obliged to sort the issue out at all?

Any help with this is appreciated. Thanks.

Edited by Uncle Vito on 14/12/2016 at 13:44

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Wed 14 Dec 2016 13:55
Jaguar XF - Used car, radio malfunction. What are my "rights"? - RobJP

Only one really critical question : EXACTLY how long ago is 'a few months ago', when you bought the car ?

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Wed 14 Dec 2016 14:30
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Uncle Vito

I'd have to check my paperwork (which I don't have on me at the time of writing this) for the exact date, but it was mid to late August.

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Wed 14 Dec 2016 13:57
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Falkirk Bairn

Under 6 months the Invoice for repair / replacement has the deler;s name on it!

It may not be the head unit BUT connections, earth etc - powered aerial signal booster?

My son had a similar problem with his Lexus that turned out to be corrosion on connections - cleaning + time was all that was required.

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Wed 14 Dec 2016 14:32
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Uncle Vito

I think the guy did say something about the head unit. He said they were hoping it would be something simple, to do with the aerial itself. But it wasn't. Head unit seems to ring a bell.

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Wed 14 Dec 2016 15:19
Jaguar XF - Used car, radio malfunction. What are my "rights"? - RobJP

Thanks for getting back regarding the rough date.

Basically, any fault that occurs within 6 months of sale is assumed to have been 'present or developing' at the time of sale, and as such is entirely the responsibility of the selling garage to rectify.

That's from the Consumer Rights Act.

You shouldn't have to pay anything towards the cost of the repair - most car sales places know this, but will try it on anyway, just to reduce their costs.

I'd suggest going back to where you bought it from, explaining that you now know your legal rights, and asking them to repair it FOC.

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Wed 14 Dec 2016 15:33
Jaguar XF - Used car, radio malfunction. What are my "rights"? - oldroverboy.

A friend of mine, who also does some work for Jaguar, bought an xf a few months back and was having similiar issues with the radio, and dealership unable to sort, ( put a bit of pressure via jaguar) and turned out to be a faulty cable, (not a connection)

But his was an approved used vehicle with 2 years jaguar warranty.

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Wed 14 Dec 2016 17:04
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Uncle Vito

Thanks so much for that useful information RobJP. I'll certainly try that.

Does the Consumer Rights Act definitely cover stuff like the radio? Just playing Devils Advocate, but couldn't the salesman argue that the radio isn't an "essential" part of the car, that it functions perfectly well without it and that it therefore doesn't apply?

Just making sure I have as much ammo at my disposal as possible! Don't think it will be easy to get this sorted!

Thanks again.

Edited by Uncle Vito on 14/12/2016 at 17:04

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Wed 14 Dec 2016 17:27
Jaguar XF - Used car, radio malfunction. What are my "rights"? - SLO76
"Does the Consumer Rights Act definitely cover stuff like the radio? Just playing Devils Advocate, but couldn't the salesman argue that the radio isn't an "essential" part of the car, that it functions perfectly well without it and that it therefore doesn't apply?"

I believe age and normal wear and tear that's expected for its age has to be taken into account. This is an 8 year old car with a minor fault that doesn't inhibit the drivability or safety of the car and one that's been with the buyer for several months.

It's bad practice not to sort it for the sake of keeping a customer happy but I doubt the small claims court would back a claim. I'd certainly approach the supplying dealer and ask them to repair it and then threaten the trading standards and possibly the small claims court if he refuses. For the sake of a few hundred quid most dealers would rather avoid a visit from the TSO's if possible.
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Wed 14 Dec 2016 17:41
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Uncle Vito

"It's bad practice not to sort it for the sake of keeping a customer happy but I doubt the small claims court would back a claim. I'd certainly approach the supplying dealer and ask them to repair it and then threaten the trading standards and possibly the small claims court if he refuses. For the sake of a few hundred quid most dealers would rather avoid a visit from the TSO's if possible"

The issue of bad practice is what I was thinking. When I bought the car, the guy kept going on and on about how it's a family business, been trading many years, pride themselves on only supplying top quality premium brands etc etc. You'd think (hope?) that they'd therefore set a lot of store by treating their customers well, even if it rises slightly above the minimum necessary to operate within the confines of the law.


Anyway, I've emailed him saying I want it sorting without further financial burden to me and I've quoted the Consumer Rights Act. Hopefully I'll be successful. We'll see!

Thanks all for your comments/advice. And to anyone else who adds anything.

Edited by Uncle Vito on 14/12/2016 at 17:42

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Wed 14 Dec 2016 17:54
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Andrew-T

Just playing Devils Advocate, but couldn't the salesman argue that the radio isn't an "essential" part of the car, that it functions perfectly well without it and that it therefore doesn't apply?

Personally, as a lifetime buyer of used cars, I would tend to feel this way too. If the car was (say) 3 years old I would expect more, but at 8 years I would expect the odd fault. That's why you pay a long way below new price. You clearly tested quite a few things before signing the purchase order, but missed this one. By all means try to get what you can, but I would feel uncomfortable threatening legal action here.

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Wed 14 Dec 2016 18:25
Jaguar XF - Used car, radio malfunction. What are my "rights"? - RobJP

I agree, it's a difficult one. It's an 8 year old car, but it's still a 'premium' brand, and could have cost anything from (roughly) £6k to £10k, depending on spec, mileage, etc.

The CRA is written in such a way as it allows for these grey areas - the word used most regularly is 'reasonable'.

What is a 'reasonable expectation' on a 8 year old car ? Well, it depends.

I think it's certainly worth the OP making an attempt at getting the selling garage to fix, or even contributing a good-sized chunk of the costs of repair.

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Wed 14 Dec 2016 18:31
Jaguar XF - Used car, radio malfunction. What are my "rights"? - Falkirk Bairn

Ask the owner the following question

"How many cars do sell that do not have a working radio/CD player?"

You would be within your rights, less than 6 months. to tell him to fix it OR you will give it to a Jauar outlet, pay the bill & sue hime for the work + court costs.

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Wed 14 Dec 2016 18:48
Jaguar XF - Used car, radio malfunction. What are my "rights"? - 72 dudes

Ask the owner the following question

"How many cars do sell that do not have a working radio/CD player?"

You would be within your rights, less than 6 months. to tell him to fix it OR you will give it to a Jaguar outlet, pay the bill & sue him for the work + court costs.

That's also a good point FB, and I think it's worth having a go at getting some redress from the selling dealer, but I don't think it's a strong enough case to go down the legal route.

If all else fails and negotiations break down, don't go to the Jag main dealer, find an independent Jaguar specialist (who may have come across this fault before) and save some money.

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Wed 14 Dec 2016 19:25
Jaguar XF - Used car, radio malfunction. What are my "rights"? - SLO76
A good autoelectrician is likely to be well acquainted with early XF's (they don't have the best reputation) and will probably know a cheap fix if one exists. Local spark I use always finds a way round big bills. Main dealers are a waste of time on cars this age.

Edited by SLO76 on 14/12/2016 at 19:26

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