Lawn mower help!

[Job jobbed]

Hello everyone
I bought a secondhand ride on lawn mower on 24th March this year, it was from a dealer and was advertised online, but I can't remember which site. It cost £3200 I paid by bacs, because of the drought I have only used it for 5 hours (by the mower hour clock) so far, last night it dumped the transmission oil out and lost all drive, it looks like it has been repaired and bodged up as I can see instant gasket sealant hanging out. Without getting a mechanics opinion I would think that it needs a new hydrostatic transmission. Do I have any rights under the sale of goods etc etc. It is a domestic machine and I bought it to cut my own lawns not as a business. I have contacted the seller, his reply was more or less "tough luck, not my problem" . I did quote this:
Under the Consumer Rights Act 2015, goods should be of a satisfactory quality, fit for purpose and as described. My rights have been breached because the item you sold me is faulty. I would like a refund/repair/replacement."
He replied that as it was a secondhand vehicle I only had 30 days to complain.
Thanks
J J

[des8]

Hi and welcome

You actually have six years in which to complain.
The Consumer Rights Act 2015 (CRA2015) allows you to reject goods within the first six months if they are unsatisfactory etc.
As the fault has shown itself within 6 months of purchase it is deemed that the fault was there when you purchased it.
Write to the dealer pointing out you rights and request a refund.
Warn him he faces court action if he fails to respond positively.

You might need to obtain an engineers report to prove the fault is there if it goes as far as court.

[Job jobbed]

Thanks I will write to him, should I email then follow up with a copy by recorded delivery or is email alone ok? JJ

[des8]

email is fine

[Job jobbed]

I have emailed him several times pointing out the relevant bits, he still insists that as I have had it for 5 months he has no responsibility to fix it. I'm at a bit of a loss as to what to do next, part of me thinks that maybe he's right and going to court will be throwing good money for bad as I will loose.

[des8]

If you want to initiate court claim for £3,200.00 on line it will cost £185.
If the claim progresses there will be a hearing fee of £335 (limit claim upto £3000 hearing fee £170)

If you win those costs are reclaimed from other party)

If you lose only limited costs can be claimed by the other party.

On the info you have given IMO you have a reasonable case, but court is always a bit of a lottery.
Although there appears to be a fault, you will need to show it is severe enough to render the machine unsatisfactory (CRA 2015 sec9 describes satisfactory)
Probably worth taking to a repair shop to get a written estimate about its condition and cost of repair.

[Phaeton]

You actually have six years in which to complain.

Even on 2nd hand goods?

[des8]

yes.
The acts only ever refer to goods, not to second hand, used, pre used nor preloved goods

It just becomes harder after 6 months to prove the goods were unsatisfactory when purchased