Can I Chase this legally If So How?

FreddieM

My partner bought a 2007/57 Peugeot convertible back in October. The car had a leak in the roof which was allegedly fixed and a quick water test using a hose on the day of collection showed no obvious sign of a leak. Since then we've had consistent rain and the leak has reappeared. The garage asked us to get the car assessed at al local garage that we are happy with as we are 70 miles away from the garage. The quote we have is £614.00 We advise Luton of this and they said they would deal with it. We have spoken more than a dozen times to the garage (Luton Car Trade Centre) sincewho after loads of excuses why they haven't called gave us two options. Take it back to them for a week to get it repaired at their own garage. My partner needs the car for work as she is a shift worker and they are aware. Or they are prepared to pay half the bill the rest is down to us. Is this fair?? Is this legal?? Where do we go from here?? Thank you if you can help

motorguy

FreddieM wrote: »

My partner bought a 2007/57 Peugeot back in October. The car had a leak in the roof which was allegedly fixed and a quick water test using a hose on the day of collection showed no obvious sign of a leak. Since then we've had consistent rain and the leak has reappeared. The garage asked us to get the car assessed at al local garage that we are happy with as we are 70 miles away from the garage. The quote we have is £614.00 We advise Luton of this and they said they would deal with it. We have spoken more than a dozen times to the garage (Luton Car Trave Centre) sincewho after loads of excuses why they haven't called gave us two options. Take it back to them for a week to get it repaired at their own garage. My partner needs the car for work as she is a shift worker and they are aware. Or they are prepared to pay half the bill the rest is down to us. Is this fair?? Is this legal?? Where do we go from here?? Thank you if you can help

They've given you options so technically thats 'legal', but i think under the SOGA a buyer must not be inconvenienced due to repairs, so they probably should offer her a loan car.

Silk

FreddieM wrote: »

We have spoken more than a dozen times to the garage (Luton Car Trade Centre) sincewho after loads of excuses why they haven't called gave us two options. Take it back to them for a week to get it repaired at their own garage. My partner needs the car for work as she is a shift worker and they are aware. Or they are prepared to pay half the bill the rest is down to us. Is this fair?? Is this legal?? Where do we go from here?? Thank you if you can help

Your rights boil down to the term "reasonable"

You have to give them the right to repair the car before taking it elsewhere. However this has to be done in reasonable time and without additional cost or significant inconveniance to you.

2 return trips of 140 miles and to be without a car for a week if they don't provide a courtesy car is unreasonable.

Perhaps if they collected the car and left you with a courtesy car that would leave you only slightly inconvenianced

Whilst you too have to be "reasonable" about the situation as well as the garage, you are not supposed to be out of pocket. In which case a 280 mile trip with fuel and hire car cost for a week would probably induce the garage to rethink the offer.

motorguy

Silk wrote: »

Your rights boil down to the term "reasonable"

You have to give them the right to repair the car before taking it elsewhere. However this has to be done in reasonable time and without additional cost or significant inconveniance to you.

2 return trips of 140 miles and to be without a car for a week if they don't provide a courtesy car is unreasonable.

Perhaps if they collected the car and left you with a courtesy car that would leave you only slightly inconvenianced

Whilst you too have to be "reasonable" about the situation as well as the garage, you are not supposed to be out of pocket. In which case a 280 mile trip with fuel and hire car cost for a week would probably induce the garage to rethink the offer.

Yup. However its always worth bearing in mind that if things like this go to court, the judge will weigh up if the trader has offered any solutions or compromises. In this case the trader has said, bring the car back and we'll get it sorted. You'd be down to fighting on the finer details in the SOGA to get it upheld.

Plus, its not like the dealer has moved, and its not particularly their fault the customer lives so far away, and they may not offer or have a loan car?

Again, to reiterate, customer is in the right, however getting their 'rights' fulfilled might be tricky.

colino

Unfortunately leaks are a hazard with convertibles in this country, surprising as we buy so many of them, especially so with the 206. It really needs someone experienced in them to work through the various leak points and either replace or reseat the seals. It's a time consuming process, beware anyone who says they know where it's leaking from and can fix in an hour. Certainly ask for a courtesy car, but don't use the argument you are so far away. He didn't force you to drive past your local, friendly traders.

Silk

pgilc1 wrote: »

Yup. However its always worth bearing in mind that if things like this go to court, the judge will weigh up if the trader has offered any solutions or compromises. In this case the trader has said, bring the car back and we'll get it sorted. You'd be down to fighting on the finer details in the SOGA to get it upheld.

Plus, its not like the dealer has moved, and its not particularly their fault the customer lives so far away, and they may not offer or have a loan car?

Again, to reiterate, customer is in the right, however getting their 'rights' fulfilled might be tricky.

Agreed as far as the location of the dealer is partly due to the OP's choice which again boils down to being "reasonable" as far as costs are concerned, which is why the solution of a local repair would be "reasonable" for both parties.

However the offer from the trader at only meeting half those costs, leaving the OP out of pocket to the tune of over £300, is unreasonable and falls short of the garages obligation.

The OP has shown "reasonable" intent at a compromise by locating a suitable repairer and obtaining a quote on behalf of the garage which they have now half rejected.

As far as the court would be concerned, at the moment the garage has fallen well short of it's obligations. They have already done a failed repair, they have prolonged the situation by avoiding the issue, they are expecting the customer to be out of pocket and without a car for a week, meanwhile possible damage is being done to the interior by not effecting a swift repair.
I would agree a case for defence for the distance could be mounted but regards the costs and inconvenience I don't see them being able to defend.

FreddieM

Thank you for the responses. I am now wanting to challenge the garage but want to know what my best option is here. Do I mount a court challenge or is there a way to shake them up a bit by way of a legal letter thanks

Silk

FreddieM wrote: »

Thank you for the responses. I wanting to challenge the garage but want to know what my best option is here. Do I mount a court challenge or is there a way to shake them up a bit by way of a legal letter thanks

Just on my way out but IMO the best would be to send a LBA recorded del pointing out their obligations and what you require them to do ...remember you have to be reasonable too to a certain extent but not out of pocket etc.
Give them 7 days or so to reply etc

FreddieM

Silk wrote: »

Just on my way out but IMO the best would be to send a LBA recorded del pointing out their obligations and what you require them to do ...remember you have to be reasonable too to a certain extent but not out of pocket etc.
Give them 7 days or so to reply etc

Whats an LBA??

Silk

FreddieM wrote: »

Whats an LBA??

Sorry ... Letter Before Action

steve-L

Silk wrote: »

Just on my way out but IMO the best would be to send a LBA recorded del pointing out their obligations and what you require them to do ...remember you have to be reasonable too to a certain extent but not out of pocket etc.
Give them 7 days or so to reply etc

Possibly!
1st you need to get some proof in writing.....
Sounds like you have phone conversations..... it will be hard to prove this in court*.

*Small claims court is a magistrate. They can take into account what they want but 'normally' it will be what can be put in front of them! Also any evidence will need to be submitted to the other party.

So far, you have a good story but you have no idea what the garage say... you might stick to the truth but will they?

Hence... send a letter 1st.....
*Arrange car hire.... (This should be cheap not an expensive model)
as you have to try and limit damages as well as them!
Set out costs in the letter and ask them to meet them.

*State your intention is to avoid costs....

*Give them a week to reply.... state you want a reply in writing
(If they phone you they can promise anything)

If you are lucky then that will do the trick.... if not wait for the letter to come or not and then send the Final Letter Before Action