Blackhorse/motopoint car rejection

jobe1972

Looking for guidance on rejecting a car we got on the 16th June

This is a little long winded and has a crap twist that happened today which complicates it but basically

we went to buy a car at motopoint nice guy dealt with us as you would expect once we agreed we wanted to pay half the car 8k on a creditcard the idea was to transfer that straight away to 0% card saving a lot interest the remaining 8k on HP .. they told us they dont take creditcard so we said we couldnt do it then as we wouldnt be able to cover the increased HP costs .. he went to speak with his manager came back with a work around pay 1k on card as thats the max they can take. then wait a few days till our Blackhorse account was active and pay the other 7k off the HP then and this would lower the payments to what we agreed in the first place.. great you would think thats the first lie.. because Blackhorse dont take CC payments which we only found out when we tried to make a payment

2nd invalid or dodgy warranty as the car is a 16 months old still has its warranty from Peugeot but that is only valid if there strict servicing is maintained which is hasnt been as it didnt have its first year service so the warranty they claim with the car may not exist.. plus it turns out to have an active recall notice on it ..which I have now found out they are not allowed to sell a car in that state not claim it has a manufactures warranty if they cant back that up with a itemised service record

3rd the aircon doesnt work and in this heat it was needed turns out to have no gas in it which shouldnt happen with a car around 16 months old

4th we went back to the showroom on the day we got the car due to the recall notice they told us they have a legal right to repair the car before we can reject it turns out that isnt true but they was very convincing so we was blocked from rejecting on day 1 .. this interaction was recorded without them knowing

and to top it off and complicate things this morning while driving another car clipped our one while my wife was driving her first ever accident so they got her details she forgot to get theres its minor damage but will need to be repaired and we have full cover but when we told black horse they said it would devalue the car which turns out also not be completely accurate

my wife holds a blue badge and our kids are disabled I only mention this as I was informed that Blackhorse and fca guidelines list something about vulnerable consumers and speeding up the 56 day Deadline they said they have

Thankyou for reading if you was able to read this far just need some help please thankyou

born_again

who's name is on the invoice & finance? As a Blue badge & disabled kids does not make you vulnerable customer.

Any recalls need to be done by Peugeot dealer.

You have also missed the point that paying finance off with a CC could also be classed as a cash purchase.

Not sure that any of the issues highlighted are enough to reject a car, as you were aware at time of purchase.

jobe1972

we didnt know about the recall notice at the time of purchase as its illegal for a dealer to sell a car with one outstanding within 30 days you have the right to reject if a car proves faulty the recall notice alone would be enough .. the aircon is another fault and again is enough to warrant a rejection .. they told us they had the legal right to repair the car within 30 days that is not true they only have that right between day 30 and 6months and even then they get one chance

not sure the point your making over the CC they told us we could pay the rest of the deposit off using the CC direct to Blackhorse which they cant as they only take debit or bank transfers which we didnt know but Motopoint would off

them lying about our Consumer rights on rejecting a car within 30 days is illegal

PTP123

if you know what's legal and what's not why are you asking for advice on here?

Herzlos

Have you confirmed with Peugeot that the warranty is or isn't valid?

If it's not, then that'd be your avenue for rejection because the car isn't as described. You wouldn't buy a 16 month old car with no warranty.

The aircon is something they should be able to fix, as is the recall.

Mildly_Miffed

That's a bit of a wall of impenetrable text, but let's try to figure it out…

You made assumptions about them being able to accept your preferred way to pay for the car, then found that wouldn't work.

You assumed the manufacturer's warranty was valid, but didn't check the car's service history at all.

Did the aircon work on the pre-purchase test drive? It's entirely possible that working aircon can lose all its refrigerant a mile down the road from collection, if the condenser (behind the front bumper) is damaged by a stone thrown up by another vehicle.

Only a Peugeot dealer can action the recall - which is free.
It is not illegal to sell a car with an outstanding recall, so long as it's not safety-related.
Does the recall show on… https://www.gov.uk/check-vehicle-recall ? These are the safety recalls. Other recalls are not safety-related, but can be checked by putting the VIN into the manufacturer's website - https://www.peugeot.co.uk/tools/recall-campaigns.html

What grounds do you want to return the car on? The aircon issue?
If you do, you need to physically hand it back to them, together with all paperwork. You will need to repair the accident damage first, or accept the refund will be for less than the purchase price.
If they then refuse to pay, you can issue a court claim for the money.

Personally, I'd be getting them to try and regas the aircon first - an hour and fifty quid. Then, if it loses all the gas again, there will be a visible trace as to where the leak is.

But a near-new car that's for sale outside the main dealer chain should always raise eyebrows.

jobe1972

https://forums.moneysavingexpert.com/discussion/comment/82051682#Comment_82051682

I spoke to Peugeot they confirmed that the warranty could be invalid as they have a set list of what needs to be done per each service and this has to be documented anything that wasnt serviced correctly that then develops a fault they could reject because the service wasnt followed.. as for the recall and the aircon you are correct they could sort them but I dont have to allow them too and that the point they lied saying I have too. they lied over the deposit any chance they had I would accommodate them has gone

jobe1972

Didnt check the service history as I asked them and as the car was only 16 months old sales person told us that Peugeot cars are serviced every 2 years so wasnt due yet and I didnt assume on the payment method I did when I first went in there after we agreed to buy it was them who told us that we could make the CC payment direct to BH once our account was live .. had no reason to doubt what he was saying

as for the recall that is how we found out it was listed on the .gov website

Safety recalls

This vehicle has been recalled by PEUGEOT. Contact your local PEUGEOT dealership to arrange a free repair.

and according to Trading standards website "

Motor traders that sell cars with outstanding safety recalls are breaking the law the Driver and Vehicle Standards Agency (DVSA) warns

the rejection has gone to BH and waiting on what they want to do

Mildly_Miffed

"The rejection has gone" - has the car PHYSICALLY been returned?

Herzlos

https://forums.moneysavingexpert.com/discussion/comment/82051752#Comment_82051752

That doesn't mean the warranty is (or isn't) void.

What does Peugeot and the handbrake say the service schedule is? The website says it's generally 12 months, alternating minor/major.
Did you get the 2 year claim in writing?

If the car was sold with a full service history and they can't prove it's been serviced to schedule then you'd have some claim that it wasn't as described.

Lorian

This comes up here from time to time.

Have you asked motorpoint for the proof of service. A lot of the motor point cars are ex hire and ex fleet cars and get serviced by their hire company garages and not franchise/dealers. These organisations know the cars need servicing to keep up their resale value, but doesn't always mean service booklets get stamped. Motor point can send queries to them about their records, and get copies.

Sure some cars slip through the net but there will be a chance the car was serviced and electronically recorded. A paper copy of their service record will probably suffice for warranty*

No gas in the Aircon means something more than the gas was not put in in the first place.

*But it's a little complex