How to get the promised repair rather than refund?

Joe_Horner

dizzybint wrote: »

As requested the car details are Peugeot 307 2006 plate approx. 56K miles. I paid £3290 plus part x'd my old honda civic (2000 plate).

According to the garage the part that is required is a new heater matrix box. The dealer has told me this will be £600-£700 new NOT including labour. Peugot parts helpline said £160 approx but that labour costs would be higher as the whole dash needs to be taken out. This disparity is one of the reasons I doubt the credibility and think another opinion would be reassuring.

If that's what Peugeot themselves are quoting then show him that and ask why his parts quote is so much higher than the maker's. Sounds very much like he's adding the labour onto the parts price and claiming it's just parts.

Also, lots are available on EBay (depending on exact model) including new (not OEM for about £40 delivered:

http://www.ebay.co.uk/itm/PEUGEOT-306-1-6i-TU5JP-Manual-02-1993-04-1997-NISSENS-HEATER-MATRIX-71147-/181136564500?pt=UK_CarsParts_Vehicles_CarParts_SM&hash=item2a2c94a114

It's an absolute pig of a job to fit it, so could still be disproportionate because of labour except that he'd already accepted the labour by agreeing to have the job done before sale.

Worst case, if he refuses to budge, you could put him really on the spot by offering to supply the part yourself, at your cost, so all he has to cover is getting it fitted. That'll cost you about £40 - £50 for the part and, if he refuses, go straight to Trading Standards.

smashingyour...

Joe_Horner wrote: »

If that's what Peugeot themselves are quoting then show him that and ask why his parts quote is so much higher than the maker's. Sounds very much like he's adding the labour onto the parts price and claiming it's just parts.

Also, lots are available on EBay (depending on exact model) including new (not OEM for about £40 delivered:

http://www.ebay.co.uk/itm/PEUGEOT-306-1-6i-TU5JP-Manual-02-1993-04-1997-NISSENS-HEATER-MATRIX-71147-/181136564500?pt=UK_CarsParts_Vehicles_CarParts_SM&hash=item2a2c94a114

It's an absolute pig of a job to fit it, so could still be disproportionate because of labour except that he'd already accepted the labour by agreeing to have the job done before sale.

Worst case, if he refuses to budge, you could put him really on the spot by offering to supply the part yourself, at your cost, so all he has to cover is getting it fitted. That'll cost you about £40 - £50 for the part and, if he refuses, go straight to Trading Standards.

You seem determined to get the op into a legal battle and further stress.

Joe_Horner

smashingyour... wrote: »

You seem determined to get the op into a legal battle and further stress.

Not at all.

The OP asked what she could do to have the repair done (according to her legal rights) rather than accepting the (to her) less satisfactory solution that the seller has offered.

Saying "accept the refund" doesn't help with what she's asked, explaining what she could do does. Whether or not she decides that she wants to go that way is then up to her.

There's also the wider question of (some) dealers' practices. It's very hard to believe that this dealer didn't know exactly what the labour cost for the repair was going to be before sale - the difficulty of changing these heaters is very well known!

He's not willing to pay it, so he gets the car out under an empty promise to "do it later", then finds a reason why the buyer is going to have to pay for it herself. If she accepts the refund, he'll have the car back on the forecourt within a day ready for the next , and the next, until soeone agrees to fork out for the repair that he should be having done.

motorguy

Joe_Horner wrote: »

Not quite true.

Section 48(B)(1) of SOGA does give the purchaser the general right to decide what remedy they want but section 48(B)(3) qualifies that by saying that they can't insist on a remedy that's "disproportionate" in respect of other remedies.

Disproportionate is defined as imposing unreasonable costs on the seller, taking varous factors into account. If, for instance, the difference between a good used part or a new part means that the seller would be making a loss overall on the sale, then the seller is (rightly) entitled to void the sale and refund (in full) rather than taking that loss.

Without knowing the car / price paid / part needed etc, it's impossible to say whether that's likely to be the situation in this case.

I think this is fair comment.

Inner_Zone

OP if your struggling to get the dealer to repair the car before you collect it. How will they be afterwards and during the warranty period?. There are thousands of used cars out there, walk walk away and get another from somewhere else.

Hintza

As above, take the money and run.

ILW

I believe that repair, refund or exchange is at the discretion of the seller, except where goods were not fit for purpose in which case buyer can demand a refund.

Joe_Horner

ILW wrote: »

I believe that repair, refund or exchange is at the discretion of the seller, except where goods were not fit for purpose in which case buyer can demand a refund.

No, for consumer contracts sect 48(A) of SOGA give the Buyer the choice of repair, replace, price reduction or refund (recind the sale) if the goods "don't conform":

http://www.legislation.gov.uk/ukpga/1979/54/section/48A

But, as posted earlier, they can't choose one of those remedies if it's disproportionate to the others, all things considered.

So you couldn't insist that a dealer fits a complete new engine in your £500 banger when it blows up just outside his gate, but you could choose between (say) hand it back for a refund or £150 off to buy and fit a scrap engine yourself.

OddballJamie

Hintza wrote: »

As above, take the money and run.

I've with Hintza. Take the money and buy a Focus or Civic, not a 307 again.

facade

If they are giving you back your £3290 and the trade in value of your civic, best option is take the money and buy something else.
I think the trader is being reasonable with a full refund, you won't get him to repair if he doesn't want to.

Autotrader is full of 307s at dealer prices near £4000 with a lot less miles if you must have one.