Whats my legal rights?

jimjames

Tbexx said:

Grumpy_chap said:

Tbexx said:

Thanks, but you clearly haven't read my post fully.

Firstly, yes they were open only closed christmas day / boxing day and both warrenty and service were open. 
I'm guessing you used " emotion" based on the fact I'm female, never seen a man called emotional but I'll let that one slide.
It's hard not to feel " emotional" as you put it. Due to this car costing me 14k of my hard earned money.
I have a friend who is a mobile mechanic who did me a favour boxing day and came to look at the car.
I've already had to deal with this dealership in month 1 of owning the vehicle due to ad blue issues, at this point, still under warrenty, I had to fight to get it sorted. So yes I'm fully prepared that in month 4 I'm going to have a similar situation.
My father only travels in mine and my sisters cars, my point again was obviously lost on you. It's not that this car was owned by smokers, it's that they clearly had no idea but lied to me to sell me the car, rather than being honest and saying they didn't know. Sorry that my dads failing health is classed as being " emotional" maybe if you were watching how things like this affect your dad, you might not be so judgemental.

I came on here looking for help with my rights, not a narcissistic view on my situation.

Thanks 

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.

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"

Whoever is quoting you £200-300 to change a pollen filter is seriously joking. It's a £20-30 part and even if hard to access should be no more than 10 minutes work. Speak to another garage, it's not something that is a warranty item so no issue if changed elsewhere.

Grumpy_chap

Tbexx said:

I spoke with the dealer today and they have agreed to collect the vehicle tomorrow am and fix the issue.

Has the Dealer collected the car as agreed?
Has the Dealer given a timeline for undertaking their diagnostics? 
Only once that is complete and the root cause of the issues experienced is confirmed will the Dealer be able to give a timeline for full resolution.  The Dealer will be able to undertake more in depth diagnostics at the workshop than the initial roadside assessment.

Tbexx said:

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"

You need to allow the supplying Dealer to carry out their diagnostic investigations and report back / resolve the issue.

Tbexx said:

Since buying the car in August, how many miles have you covered?" Around 600 miles in 4 months "

Is this car a diesel or petrol?
Are those 600-miles a small number of 100-mile plus motorway trips or many short local journeys?

As this is a money-saving website, I also comment that the costs involved with running a car for as few as 1,500 or so miles per year will never be cost-effective.  Your driver for selecting a car may be driven by convenience / availability for your Father as he won't travel in taxis and such like, but the cost-effectiveness remains the same.

Tbexx said:

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"

New cabin filters should be available for far, far less than £200 - £300.  They are an easy item to change but no everyone will wish to do this themselves.  Even if paying for labour, the cost should be much less than you indicate.  A local motor-mart be be able to fit the filters ("We-Fit"-type service) or maybe your friend who is a mobile mechanic can do this for you?

As for whether the garage lied or not about the car never having been smoked in, that is probably not a battle worth continuing.  The resolution is simple and cheap.  Unless it has been stated in the order paperwork that the car has never been smoked in, whatever was said or not said becomes a tale of two recollections of a conversation several months ago.  Let this one go and focus all your efforts on the main issue which is the actual car not working.

tedted

on these cars the pollen filter is a right pain to fit under the steering column and not great to get at.

born_again

Never mind that the car may not have been a P/X that the dealer was selling. Given it was not a Peugeot main dealer. I would lay money that it was purchased via a auction house, maybe even a pcp/lease end of term. So there would be no history from previous owners as to what they did in the car. 

Grumpy_chap

tedted said:

on these cars the pollen filter is a right pain to fit under the steering column and not great to get at.

Thanks.
It should still be a lot under £200.
Or the type of task that a motor-mart could fit or the OP's friendly mobile mechanic.

MattMattMattUK

tedted said:

on these cars the pollen filter is a right pain to fit under the steering column and not great to get at.

They are in a slightly awkward place, a very bad design, but still only a £20 part and a five to ten minute job. 

tedted

have you done one then?

MattMattMattUK

tedted said:

have you done one then?

Yep, for my sister's neighbours. I was changing the cabin air filter on her car and they were out chatting and said that they had a funny smell coming from the vents in their car but had been told it would cost quite a lot to change the filter. They ordered the part from Amazon and I said I would fit it for them when I was next around. I followed a YouTube video and it took less than ten minutes. My sister lives out in the country and there are a lot of farms around and the reason that I was changing her filter was that it was really clogged up (the rape seed pollen seems to be the worst), theirs was the same when I took it out. 

I have changed them on different cars over the years, anything VAG and Nissan is really easy to change, no tools required and easily accessible. BMWs and Fords are easy enough, but do require tools, Peugeot are in stupid places and a pain to change but still easy enough. I say pain because on my own Golf I can change the filter in about a minute, versus 5-10 for a Peugeot. 

tedted

that sounds like the earlier one and how did you get both in that easily

Tbexx

Thank for all the comments, but this hasn't answered my question.

What are my consumer rights as this car is only 4 months after purchase?
The dealers have collected today but can they tell me i need to pay?
The tow guy who collected said he would put money on it being the body control module, so that's now 3 individuals that have said the same thing.