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I wanted to understand when the Limitation Act time limit of 6 years expires. Is it calculated starting on date of car purchase by 1st owner? Or is it from the date of the last faulty warranty / dealer repair?

This is what AI says:
"For a warranty repair, the 6-year limitation period begins on the date the breach of contract occurred—which is typically when the faulty repair was originally performed, not when the car is supplied, nor when the latent defect eventually manifests or causes failure."
I.e. the date you received your last faulty rad replacement, not from date of purchase, nor when the radiator failure occurs.

However, AI is notoriously unreliable and no case law or statute reference is cited. This position seems sensible, to prevent car makers stringing customers along by making unsatisfactory repairs throughout the Limitation Act period, then walking away. But 'sensible' doesn't mean 'true'. For example, on the other hand, is it fair on manufacturers that a repaired radiator should always be expected to last a further 6 years?

I'm lucky so far and not in your position, but if I were, I think I would get advice from a solicitor (or at least the citizens advice bureau). if I had been through what you have been through, and was coming up to the 6th anniversary of the car's first registration, I think I'd want to know my status and whether my position would be helped by putting anything in writing to MMC / supplying dealer.

One of the ways of checking AI answers out is to ask the same basic question in a different way and see if the answers stack up.....but certainly Citizens Advice or a solicitor, is the best way to go.

I asked AI this question which support/and contradict the response above


These are results for do the consumer rights 6 year limit applied to the date the last repair of a latent fault

AI Overview

No, the 6-year consumer rights limit does not automatically reset or apply from the date of the last repair. Under the Limitation Act 1980 and the Consumer Rights Act 2015, the 6-year time limit to bring a legal claim for faulty goods runs from the original date of delivery/purchase.

Under the Limitation Act 1980 and the Consumer Rights Act 2015, the 6-year time limit to bring a legal claim for faulty goods runs from the original date of delivery/purchase

.However, how the law treats your timeline depends on whether the last repair introduced a new problem or failed to fix the original one.1. If the original latent fault was never fixed.If a retailer attempts a repair for an inherent latent fault and it fails, the 6-year clock does not restart from the repair date. It still counts from the original delivery date.

Your remedy:

If a repair fails, you do not have to keep accepting more repairs. Under the Consumer Rights Act 2015, after just one failed repair, you have the right to move to the "second-tier" remedy. This means you can reject the goods for a final partial refund (factoring in use) or demand a price reduction. You must initiate this within 6 years of the original purchase date.

2. If the repair itself caused brand new damage. If the technician or retailer performed a repair and their workmanship directly caused a completely new, separate fault, a new limitation clock begins.The timeline: This is treated as a breach of a service contract (the repair contract) or negligence. In this specific scenario, you have a fresh 6 years from the date the faulty repair work was completed (or from when the new damage manifested) to take legal action.

Legislation.gov.uk


However, how the law treats your timeline depends on whether the last repair introduced a new problem or failed to fix the original one.
1. If the original latent fault was never fixed
If a retailer attempts a repair for an inherent latent fault and it fails, the 6-year clock does not restart from the repair date. It still counts from the original delivery date.

Practical Law

Your remedy: If a repair fails, you do not have to keep accepting more repairs. Under the Consumer Rights Act 2015, after just one failed repair, you have the right to move to the "second-tier" remedy. This means you can reject the goods for a final partial refund (factoring in use) or demand a price reduction. You must initiate this within 6 years of the original purchase date.

LexisNexis

2. If the repair itself caused brand new damage
If the technician or retailer performed a repair and their workmanship directly caused a completely new, separate fault, a new limitation clock begins.
The timeline: This is treated as a breach of a service contract (the repair contract) or negligence. In this specific scenario, you have a fresh 6 years from the date the faulty repair work was completed (or from when the new damage manifested) to take legal action.




The Burden of Proof Shift

Keep in mind that because the item is past the first 6 months of ownership, the burden of proof is on you. To enforce your rights, you must be able to prove (often via an independent technician's report) that the fault is an inherent latent defect that existed at manufacture, or that the previous repair was definitively botched.




Always seek legal advice.............

My radiator is leaking for the second time, and the factory is refusing to honor the warranty. I would like to send a message before taking legal action. I’m not getting much help from Morgan Belgium either; they aren't doing anything to try to resolve the situation. So, I have to handle this on my own. Who should I email? Do you have the address of the person at the factory who handles warranty claims?

Do you have more than 2 years between the leaks. If yes they dont fix it under waranty . Morgan Belgium already advised me .

I guess that’s true unless the original warranty on the car is still valid, so for a new car on 36 month warranty, if the radiator failed (say) after 6 months and again at 35 months the car should still be under warranty even though the second radiator failure is more than two years after the first.

I would say if the leaks occurs after the end of the waranty . In six years my radiator has been changed 5 times without cost . But since two years it doesn't leak . The factory has decided that if the

radiator leaks after than two years they will not pay the cost . A new radiator is around 1000 euros plus 8 hours work plus vat .