Whats my legal rights?

Tbexx

Hi there,
I bought a car from a dealership Aug 2024.
Peugeot 3008, 19 plate 35k on clock.
4 months later it's a non starter. Broke down christmas eve and RAC man said he thinks it's my BCM.
I've contacted Peugeot who say this is approx 1200 to fix if it is this issue.
The dealers gave me 1 month warrenty and I know I'm in for a fight with them.
Car currently sat rusting on my drive and no response from dealers.
2nd issue is I asked if this car had been owned by smokers previously, was told absolutely not. Now the "new car smell" has faded, there is a distinct smell of stale smoke. My dad has COPD and I take him to do his shopping, hospital appointments etc. He now won't get in my car as he doesn't know what he's breathing in via the air vents, filters and all that.
Feel completely done over by this dealership.
Thanks

WellKnownSid

• No response from dealers.  Car broke down on Christmas Eve.  They may have been off for the Christmas holidays.
• £1200 to fix.  Main dealer fitting new replacement - probably a fraction of that elsewhere.  RAC may have completely mis-diagnosed the problem.  Give the vendor their chance to diag and fix it.
• 2nd issue is I asked if this car had been owned by smokers previously, was told absolutely not. Impossible for the dealer to know if the PO smoked or not.  Suggest you get the pollen filter changed if you are worried.

A one month warranty is irrelevant as there are other remedies available.  A five year old car with 35,000 miles should be of satisfactory quality i.e. expected to last six months without conking out.

born_again

What sort of dealership?
Car been serviced as per Peugeot spec.

Dealer may have no idea if anyone owned the car ever smoked.

He now won't get in my car as he doesn't know what he's breathing in via the air vents, filters and all that.

Well that is going to be the same in any car, even one used by non smokers. Should be a simple task to change pollen filter. But that is never going to filter air to remove all nasties.

Iceweasel

Mahle make 3 different grades of pollen / cabin filter. I suffer from a whole range of allergies and need to always specify the 'top of the range' most expensive one.
Hope that helps your dad.

Tbexx

Thanks for the responses, to clarify, the dealers was a car dealership and the car had full peugeot service history. 
My point about the smoking is that it is very prominent in the car, so even if the dealers didn't have this history, they would have smelt it before it was valet. My dad is very sensitive to smoke which is why I checked, if they didn't know they should have said that, not " absolutely no smoker" that's just caused issues.
I spoke with the dealer today and after several phone calls and theats to chain myself to the very nice Bentley they have on the forecourt, they have agreed to collect the vehicle tomorrow am and fix the issue.

With regards to the RAC man maybe diagnosing wrong, I also had a mobile mechanic say exactly the same issue. Plus I've read on peugeot forums it's a common fault and has to go to peugeot as the whole thing needs to be recalibrated which only peugeot can do (apparently).

Grey_Critic

Not unusual for dealerships to swop cars around the country so by the time it arrived at yours having been valeted they may not smell anything.

Grumpy_chap

Tbexx said:

Hi there,
I bought a car from a dealership Aug 2024.
Peugeot 3008, 19 plate 35k on clock.
4 months later it's a non starter. Broke down christmas eve and RAC man said he thinks it's my BCM.
I've contacted Peugeot who say this is approx 1200 to fix if it is this issue.
The dealers gave me 1 month warrenty and I know I'm in for a fight with them.
Car currently sat rusting on my drive and no response from dealers.
2nd issue is I asked if this car had been owned by smokers previously, was told absolutely not. Now the "new car smell" has faded, there is a distinct smell of stale smoke. My dad has COPD and I take him to do his shopping, hospital appointments etc. He now won't get in my car as he doesn't know what he's breathing in via the air vents, filters and all that.
Feel completely done over by this dealership.
Thanks

Tbexx said:

Thanks for the responses, to clarify, the dealers was a car dealership and the car had full peugeot service history. 
My point about the smoking is that it is very prominent in the car, so even if the dealers didn't have this history, they would have smelt it before it was valet. My dad is very sensitive to smoke which is why I checked, if they didn't know they should have said that, not " absolutely no smoker" that's just caused issues.
I spoke with the dealer today and after several phone calls and theats to chain myself to the very nice Bentley they have on the forecourt, they have agreed to collect the vehicle tomorrow am and fix the issue.

With regards to the RAC man maybe diagnosing wrong, I also had a mobile mechanic say exactly the same issue. Plus I've read on peugeot forums it's a common fault and has to go to peugeot as the whole thing needs to be recalibrated which only peugeot can do (apparently).

It will help the situation if you manage to remove emotion.  The car only broke down on Christmas Eve, yet you already describe the car as "sat rusting on the drive".  Why has the car suddenly started rusting?

I don't know what a "BCM" is.  If Peugeot main dealer has quoted £1.2k, a local independent will probably be a lot cheaper.
You have done very well, from Christmas Eve, to already have had a mobile mechanic assess the car also.

The supplying dealer has not responded.  Are they open since Christmas Eve when the car broke down?  Even if the Sales Dept is open, the Service Dept or the team that deal with warranty issues may not be.  Possibly not until Monday 6th January.
Why do you know you are "in for a fight with them"?  Even if you are, the surest way to make it certain is approaching things with a confrontational attitude, which that expectation of "in for a fight" is likely to promote, even if unintentionally.  You catch more bees with honey than vinegar.
I note you now made contact with the dealer, though the "threats to chain yourself to a Bentley" are hardly the signs of a wholly rational adult and only likely to increase the chance of a "fight".

Since buying the car in August, how many miles have you covered and has the car been fully serviced to the manufacturer's recommendations in the period of your ownership?

The only way to be certain of a car never having been owned by smokers is to buy a brand new car.  For the car you have, the solution would be to renew the filters, which are a consumable item.  Again, how much emotion are you bringing in here?  Does your father ever travel in taxi, train, bus, hospital transport, friend's cars?

MattMattMattUK

Grumpy_chap said:

Tbexx said:

Hi there,
I bought a car from a dealership Aug 2024.
Peugeot 3008, 19 plate 35k on clock.
4 months later it's a non starter. Broke down christmas eve and RAC man said he thinks it's my BCM.
I've contacted Peugeot who say this is approx 1200 to fix if it is this issue.
The dealers gave me 1 month warrenty and I know I'm in for a fight with them.
Car currently sat rusting on my drive and no response from dealers.
2nd issue is I asked if this car had been owned by smokers previously, was told absolutely not. Now the "new car smell" has faded, there is a distinct smell of stale smoke. My dad has COPD and I take him to do his shopping, hospital appointments etc. He now won't get in my car as he doesn't know what he's breathing in via the air vents, filters and all that.
Feel completely done over by this dealership.
Thanks

Tbexx said:

Thanks for the responses, to clarify, the dealers was a car dealership and the car had full peugeot service history. 
My point about the smoking is that it is very prominent in the car, so even if the dealers didn't have this history, they would have smelt it before it was valet. My dad is very sensitive to smoke which is why I checked, if they didn't know they should have said that, not " absolutely no smoker" that's just caused issues.
I spoke with the dealer today and after several phone calls and theats to chain myself to the very nice Bentley they have on the forecourt, they have agreed to collect the vehicle tomorrow am and fix the issue.

With regards to the RAC man maybe diagnosing wrong, I also had a mobile mechanic say exactly the same issue. Plus I've read on peugeot forums it's a common fault and has to go to peugeot as the whole thing needs to be recalibrated which only peugeot can do (apparently).

It will help the situation if you manage to remove emotion.  The car only broke down on Christmas Eve, yet you already describe the car as "sat rusting on the drive".  Why has the car suddenly started rusting?

I don't know what a "BCM" is.  If Peugeot main dealer has quoted £1.2k, a local independent will probably be a lot cheaper.
You have done very well, from Christmas Eve, to already have had a mobile mechanic assess the car also.

The supplying dealer has not responded.  Are they open since Christmas Eve when the car broke down?  Even if the Sales Dept is open, the Service Dept or the team that deal with warranty issues may not be.  Possibly not until Monday 6th January.
Why do you know you are "in for a fight with them"?  Even if you are, the surest way to make it certain is approaching things with a confrontational attitude, which that expectation of "in for a fight" is likely to promote, even if unintentionally.  You catch more bees with honey than vinegar.
I note you now made contact with the dealer, though the "threats to chain yourself to a Bentley" are hardly the signs of a wholly rational adult and only likely to increase the chance of a "fight".

Since buying the car in August, how many miles have you covered and has the car been fully serviced to the manufacturer's recommendations in the period of your ownership?

The only way to be certain of a car never having been owned by smokers is to buy a brand new car.  For the car you have, the solution would be to renew the filters, which are a consumable item.  Again, how much emotion are you bringing in here?  Does your father ever travel in taxi, train, bus, hospital transport, friend's cars?

[Quoted post removed by Forum Team]

No one can tell you are female, no one would have known if you had not said. I suspect Grumpy said to remove the emotion because your posts are full of it, you may need to re-read your own posts fully if you cannot see that.

[Quoted post removed by Forum Team]

You might feel emotional, that has nothing to do with consumer rights, contract law or car mechanics. Dealing calmly and rationally with people will make things a lot easier, making threats usually has negative effects, even if you do not realise them straight away.

[Quoted post removed by Forum Team]

Then he is a good friend, but that has no bearing on anything else.

[Quoted post removed by Forum Team]

It is not a case of having a fight, you either have rights or you do not, if you have them you enforce them, if you do not then you pay yourself.

[Quoted post removed by Forum Team]

No one is saying that your father's health is "being emotional", the way you posted was however full of emotion and somewhat irrational. 

Generally smokers will have a car valeted before selling, it hides the smell for a while, the dealers valet as well so it can take a while to show, they may well have been assured the car was never smoked in. After four months you are where you are, you can either deal with the issues or not, that is up to you. You can change the air filter yourself, it takes a couple of minutes and costs about £20. If I had someone who felt how your father does then I would have the car deep cleaned, carpets and fabric (headliner, trim, seat edging, etc.) shampooed, the whole car properly detailed. It will probably cost £150-200 but it will remove the smell entirely and it will not come back.

[Quoted post removed by Forum Team]

There was nothing narcissistic about Grumpy's post. 

Remove the emotion, deal with the issues, issues can be fixed.

Grumpy_chap

[Quoted post removed by Forum Team]

I'm really sorry that you read my comments and seem to have taken them the wrong way.

I had no way of knowing whether you were female, male or non-binary.  It makes no difference to my comment about "emotion".  I am sure there are many male posters on here that have been described as using "emotion" in their posts.  I stand by the general comment that using emotion generally does not help reach a solid outcome.
Feeling emotional is understandable, but best results can generally be had by sticking to factual points.

My comments were to genuinely try to assist.  It is unfortunate that you have responded with focus on the emotion comment as the queries I included were all specific questions to try to assist guiding towards a solution (and establishing your rights).  I shall re-phrase the specific queries:

1. Why is the car "sat rusting on the drive"?  A car will not start rusting between Christmas Eve and now.
2. What alternative quotes to solve the issue have you obtained?  Are they more competitive than Peugeot main dealer?
3. Since buying the car in August, how many miles have you covered?
4. Since buying the car in August, has the car been fully serviced to the manufacturer's recommendations?
5. Have you explored changing the filters to resolve the concern about stale smoke entering the cabin?

With regard to the "fight" and the ad-blue issue with the car in the first month, that was not previously mentioned so the "fight" comments were without that context.  
With regard to this issue, the Dealer seems to have now agreed to collect the car and fix the issue.  I am sure you will say that was "with a fight" (several phone calls and threatening to chain yourself to a Bentley).  Sometimes, things just take time to get organised and you will never know whether your persistence sped things up.

With regard to the smoking, I am sorry that your Father is unwell, but smoking is not a declared "thing" with used cars and any such declaration would be somewhat meaningless - whether from the previous owner to the trader or from the trader to the purchaser.  Indeed, many cars are simply used by multiple individuals even if only one owner so the owner absolutely genuinely could not give a statement.  It is quite possible that the car was valeted prior to the selling dealer coming into possession of the car.

With a used car, not every fault is a right to reject the car. 
Not every fault was "present or developing" at the time of purchase (but as you are within 6 months, that is for the dealer to demonstrate otherwise).
The flow chart shared by W-K-S upthread is helpful.

Are you able to respond to the specific queries as these may impact the rights that you have should it come to a question of rights.  With a fair wind, the dealer will collect the car tomorrow as they have agreed to, fix the car, return the car and the problems will be solved.  You may have to renew the cabin filters yourself one the car is back.

Again, I really do apologise if my comments upset you and absolutely certainly no offence was meant, no judgement or narcissistic view intended.  Sorry.

LightFlare

Tbexx said:

Hi there,
I bought a car from a dealership Aug 2024.
Peugeot 3008, 19 plate 35k on clock.

That’s very low mileage for a diesel** - unless you have a history of how those miles were undertaken, then you could be in for more issues.

** my 16 plate only has 48k, but most of those are a weekly long distance motorway round trip which would be less of an issue than if they were all short,urban trips

Tbexx

Grumpy_chap said:

[Quoted post removed by Forum Team]

I'm really sorry that you read my comments and seem to have taken them the wrong way.

I had no way of knowing whether you were female, male or non-binary.  It makes no difference to my comment about "emotion".  I am sure there are many male posters on here that have been described as using "emotion" in their posts.  I stand by the general comment that using emotion generally does not help reach a solid outcome.
Feeling emotional is understandable, but best results can generally be had by sticking to factual points.

My comments were to genuinely try to assist.  It is unfortunate that you have responded with focus on the emotion comment as the queries I included were all specific questions to try to assist guiding towards a solution (and establishing your rights).  I shall re-phrase the specific queries:

1. Why is the car "sat rusting on the drive"?  A car will not start rusting between Christmas Eve and now.
2. What alternative quotes to solve the issue have you obtained?  Are they more competitive than Peugeot main dealer?
3. Since buying the car in August, how many miles have you covered?
4. Since buying the car in August, has the car been fully serviced to the manufacturer's recommendations?
5. Have you explored changing the filters to resolve the concern about stale smoke entering the cabin?

With regard to the "fight" and the ad-blue issue with the car in the first month, that was not previously mentioned so the "fight" comments were without that context.  
With regard to this issue, the Dealer seems to have now agreed to collect the car and fix the issue.  I am sure you will say that was "with a fight" (several phone calls and threatening to chain yourself to a Bentley).  Sometimes, things just take time to get organised and you will never know whether your persistence sped things up.

With regard to the smoking, I am sorry that your Father is unwell, but smoking is not a declared "thing" with used cars and any such declaration would be somewhat meaningless - whether from the previous owner to the trader or from the trader to the purchaser.  Indeed, many cars are simply used by multiple individuals even if only one owner so the owner absolutely genuinely could not give a statement.  It is quite possible that the car was valeted prior to the selling dealer coming into possession of the car.

With a used car, not every fault is a right to reject the car. 
Not every fault was "present or developing" at the time of purchase (but as you are within 6 months, that is for the dealer to demonstrate otherwise).
The flow chart shared by W-K-S upthread is helpful.

Are you able to respond to the specific queries as these may impact the rights that you have should it come to a question of rights.  With a fair wind, the dealer will collect the car tomorrow as they have agreed to, fix the car, return the car and the problems will be solved.  You may have to renew the cabin filters yourself one the car is back.

Again, I really do apologise if my comments upset you and absolutely certainly no offence was meant, no judgement or narcissistic view intended.  Sorry.

Why is the car "sat rusting on the drive"?  A car will not start rusting between Christmas Eve and now. "Just a phrase as in, i can't drive it so it'll just sit there"What alternative quotes to solve the issue have you obtained?  Are they more competitive than Peugeot main dealer?" No, noone else will touch it ad it has to be remapped by dealer"Since buying the car in August, how many miles have you covered?" Around 600 miles in 4 months "Since buying the car in August, has the car been fully serviced to the manufacturer's recommendations? " was serviced before i bought it, none required yet"Have you explored changing the filters to resolve the concern about stale smoke entering the cabin? " yes, but it's going to cost 200 to 300 pounds and I don't feel I should have to shell out more money on this when I asked the question and they lied"