Whats my legal rights?

Grumpy_chap

Is it just me, or have large parts of this thread vanished?

Grumpy_chap

Tbexx said:

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.

The flowchart shared by W-K-S upthread answers the consumer rights that are relevant.

The Dealer will undertake their diagnostics to determine / confirm the root cause and the repair required.

The fault is deemed to have been present at the time of sale, unless the Dealer can evidence otherwise.  (This is why the queries about engine type and pattern of use have been asked.)

You should be given the option between repair and replacement.  One may be disproportionate to the other so not available on that ground.  Replacement may simply not be possible - there is no guarantee that the Dealer just has another of exactly the same type of car, age, mileage, conditions.

The fact the Dealer collected the car as they stated they would is a good indication that the Dealer is seeking to do the right thing.  Has the Dealer given you an indication of how long they expect to be able to confirm the next steps?  If not, there would be no harm in politely making contact to thank them for collecting the car so promptly and asking if they have an indicative timeline, all in a friendly manner that avoids threats or fighting talk.

Mildly_Miffed

Tbexx said:

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?

Your rights are the same as any used goods - that they have to be of suitable quality, tempered by reasonable expections for the age/apparent condition at the time of purchase.

Faults within the first six months are presumed to have been present at the time of purchase, unless they can be shown not to be.
The supplier has a right to repair. if they cannot repair, they can refund or exchange, making a reasonable allowance for the use you've had.

That's basically it.

You've bought a five year old car, so your rights do not cover the kind of issues you may reasonably expect to experience from a five year old car you'd owned from new.

For a five year old car to come with only one month warranty, I presume it was not bought from the Peugeot franchise dealer you are now taking it to?

The dealers have collected today but can they tell me i need to pay?

If my presumption about the supplier is correct, your rights rest against them, not the main dealer.

The dealer will absolutely invoice you. If you want the supplier to fix it, you need to pass it to them, not a random main dealer. It is unlikely that dealer prices will be viewed as reasonable for a car bought from a non-franchise dealer, especially at the end of the market that only puts a one month warranty on.

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.

Three people have all made a guess, and they've all gone in the same direction.
Is it a reasonable guess? Possibly.
Is it an accurate guess? No way for us to know. It's going to require actual workshop diagnostic time to do that.

All we know from your posts is that it won't start. We don't know why.

It's been a week, over Xmas and the period between when nobody's doing very much even if they're at work. It's only just today been towed to the dealer for that actual workshop time.

As for the smoke smell - if it wasn't there when you viewed the car pre-purchase...
Would it be a wise goodwill gesture for the supplier to change the pollen filter (a consumable) FOC? Yes. But from your posts, I think you may be past that point in your relationship.

Grumpy_chap

Mildly_Miffed said:

For a five year old car to come with only one month warranty, I presume it was not bought from the Peugeot franchise dealer you are now taking it to?

The dealers have collected today but can they tell me i need to pay?

If my presumption about the supplier is correct, your rights rest against them, not the main dealer.

I have read the thread that the Dealer that collected the car is the supplying Dealer, not Peugeot.

poppy12345

Tbexx said:

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. 

I wouldn't expect a 5 year old car to still have that "new car smell." I've just collected my 4th brand new Motability car and returned my 3rd and that car definitely didn't have that smell. Yes, I'm a non smoker! 

Mildly_Miffed

Grumpy_chap said:

Mildly_Miffed said:

For a five year old car to come with only one month warranty, I presume it was not bought from the Peugeot franchise dealer you are now taking it to?

The dealers have collected today but can they tell me i need to pay?

If my presumption about the supplier is correct, your rights rest against them, not the main dealer.

I have read the thread that the Dealer that collected the car is the supplying Dealer, not Peugeot.

And yet "Peugeot" gave the quote of £1,200.

Hence me asking for clarification.

Although I doubt they'll be back.

MattMattMattUK

tedted said:

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

There are two filters, but they both go in the same hole, they both slid out easily and the new ones went in easily, not a difficult job at all.

Tbexx

Mildly_Miffed said:

Grumpy_chap said:

Mildly_Miffed said:

For a five year old car to come with only one month warranty, I presume it was not bought from the Peugeot franchise dealer you are now taking it to?

The dealers have collected today but can they tell me i need to pay?

If my presumption about the supplier is correct, your rights rest against them, not the main dealer.

I have read the thread that the Dealer that collected the car is the supplying Dealer, not Peugeot.

And yet "Peugeot" gave the quote of £1,200.

Hence me asking for clarification.

Although I doubt they'll be back.

To clarify, I contacted the dealership who are an AMG on the day it happened, their website said the sales / after service / service centre were closed Xmas day only and boxing day at Sunday opening hours. They are also fully operational over the weekend. So they had 4 days to contact me before I contacted them again. 
I sent 3 polite emails explaining the situation, left polite voicemails and polite messages smith the receptionist for someone to call me back. 
On day 5 and a week after this happened, I called as was confronted with " no ones available" " they will call you back" "that person's not here". So I started to get a bit less polite.
During the week, the RAC had done a partial diagnostic and it pointed to body control module,  my friend the mechanic also did diagnostics and said the same, the tow truck man who came to collect said he has seen this before and would put money on it being that due to the faults the car is showing.
I called my local peugeot and asked them to ball park quote me if it turns out that this is the case, that's where the 1200 comes from.
As of today, the car has been returned to the original dealers and I guess I now wait. 

No timeline has been given but with it being NYE today, I'm not expecting much news before Friday.
Now I understand my rights, I know how much I can push back on the dealership should they attempt to ask for any payment. Thank you to those who clarified.

Some other points that were asked.
The car is a Peugeot 3008, 19 plate, 36k on clock, 1 previous owner from new. 
It's diesel
I was doing 100 miles a day but lost my job 2 days after buying the car and now commute only a few miles to work, hence only having done 600 miles in 4 months.
I have no idea on filters, peugeot quoted me to change them but the dealership are now going to do this after I requested it.
I am sure you understood from new car smell, I meant whatever they use when they valet the car, gives it that new smell which due to me not driving that much has taken a while to disappear.

lordmountararat

600miles in four months in a diesel is probably going to cause problems. The particulate filter will likely clog up unless you take the car for regular sustained runs with the engine reaching normal operating temperature and revving freely. Modern diesel cars with DPFs are not designed for low mileages at urban speeds.

Baldytyke88

lordmountararat said:

600miles in four months in a diesel is probably going to cause problems. The particulate filter will likely clog up unless you take the car for regular sustained runs with the engine reaching normal operating temperature and revving freely. Modern diesel cars with DPFs are not designed for low mileages at urban speeds.

I think this issue is overrated, I have driven non-motorway miles in diesels for years and never had a problem.