Purchased a faulty car - help?
Discussion
Hi - I'm trying to help a colleague of mine regarding the below:
He bought a Peugeot 3008 10 weeks ago from an independent trade dealer. With the sale, he purchased an AA warranty as the car is a 2012 model. A few days later, the car broke down for the first time. He contacted the AA along with the dealer who advised him to take the car to an AA approved garage where it was repaired (some of the work was covered by the AA warranty but not all). Since then, the car has broken down twice more. Again, some of the work was covered by the warranty, but the AA refused to cover a replacement timing chain that was required on the most recent trip. He has approached the independent dealer about seeking compensation for the repairs he had to pay for (roughly £1k). However, the dealer advised that they would have fixed the car at a nearby garage if he had bought it back to them (which would have been very difficult as the engine faults were identified in the AA-approved garage each time). They are now unwilling to compensate for the repairs, or return the car, which he is reluctant to now do anyway as the garage would benefit should he return it.
Does he have a case for getting compensation on the repairs (given how many and the scale of them)? If so, what is the best way of getting compensation? Is there an organisation he can complain to? Or should he go through the small claims court?
Any advice would be greatly appreciated.
He bought a Peugeot 3008 10 weeks ago from an independent trade dealer. With the sale, he purchased an AA warranty as the car is a 2012 model. A few days later, the car broke down for the first time. He contacted the AA along with the dealer who advised him to take the car to an AA approved garage where it was repaired (some of the work was covered by the AA warranty but not all). Since then, the car has broken down twice more. Again, some of the work was covered by the warranty, but the AA refused to cover a replacement timing chain that was required on the most recent trip. He has approached the independent dealer about seeking compensation for the repairs he had to pay for (roughly £1k). However, the dealer advised that they would have fixed the car at a nearby garage if he had bought it back to them (which would have been very difficult as the engine faults were identified in the AA-approved garage each time). They are now unwilling to compensate for the repairs, or return the car, which he is reluctant to now do anyway as the garage would benefit should he return it.
Does he have a case for getting compensation on the repairs (given how many and the scale of them)? If so, what is the best way of getting compensation? Is there an organisation he can complain to? Or should he go through the small claims court?
Any advice would be greatly appreciated.
I have the popcorn ready for this one.
Compensation is a horrible word, imported from the USA. What you mean is can you claim damages.
Why are you mentioning small claims court? You haven't formally asked the garage for anything. That would be a good place to start. A phone call full of emotion, demanding compensation isn't going to end as well as you hope. Go back to the garage with the car, list what has gone wrong and what you would like to happen next. Be reasonable. Understandably you are upset because the car has let you down, but ultimately it may not be a lemon, it might turn out to be ok.
How much was the car to buy?
Compensation is a horrible word, imported from the USA. What you mean is can you claim damages.
Why are you mentioning small claims court? You haven't formally asked the garage for anything. That would be a good place to start. A phone call full of emotion, demanding compensation isn't going to end as well as you hope. Go back to the garage with the car, list what has gone wrong and what you would like to happen next. Be reasonable. Understandably you are upset because the car has let you down, but ultimately it may not be a lemon, it might turn out to be ok.
How much was the car to buy?
Contact Citizens Advice in the first instance. And forget the AA warranty altogether.
You/your friend have gone about this all wrong. When you buy a car from a dealer/trader (not a private sale) you have a lot of protection under the Consumer Rights Act 2015. If something goes wrong all the responsibility is the trader's and within the first 30 days you have the right to reject. That time limit has passed but you have another 5 months of protection under the act. The trader has conned your friend by getting you to make a claim under the AA Warranty.
Your claim is against the trader, not the AA. You should not have paid a penny towards anything. After the initial 30 day limit any fault that arises is considered to have existed at the time of the sale. It is the trader who has to prove it did not exist and that will be very hard to do. You do not have to prove anything. The onus is all on him.
After 30 days the trader (not the AA warranty) must be given the chance to fix a fault that arises. If he refuses or cannot repair the car then your friend can still reject it. The trader can make a small claim for use on a daily basis but only a small charge.
Get on to Citizens Advice and use their template letters to reclaim all your money. And for goodness sake, do not use a warranty company in the first 6 months as you have all the protection you need under the law in that time.
Which Magazine has produced an easy to understand breakdown of the legislation:
https://www.which.co.uk/consumer-rights/regulation...
You/your friend have gone about this all wrong. When you buy a car from a dealer/trader (not a private sale) you have a lot of protection under the Consumer Rights Act 2015. If something goes wrong all the responsibility is the trader's and within the first 30 days you have the right to reject. That time limit has passed but you have another 5 months of protection under the act. The trader has conned your friend by getting you to make a claim under the AA Warranty.
Your claim is against the trader, not the AA. You should not have paid a penny towards anything. After the initial 30 day limit any fault that arises is considered to have existed at the time of the sale. It is the trader who has to prove it did not exist and that will be very hard to do. You do not have to prove anything. The onus is all on him.
After 30 days the trader (not the AA warranty) must be given the chance to fix a fault that arises. If he refuses or cannot repair the car then your friend can still reject it. The trader can make a small claim for use on a daily basis but only a small charge.
Get on to Citizens Advice and use their template letters to reclaim all your money. And for goodness sake, do not use a warranty company in the first 6 months as you have all the protection you need under the law in that time.
Which Magazine has produced an easy to understand breakdown of the legislation:
https://www.which.co.uk/consumer-rights/regulation...
A1VDY said:
^^^
All well and good but in reality some dealers don't give a s
t re the cra act 2015, nor will they care ref the 30day period or 6 months cover.
The law is there but getting it implemented is another thing altogether..
This is true and you must be prepared for a long slog with it. Bought my car in December last year and my court case was in November so you need to be determined. The dealer in my case certainly didn't give a sAll well and good but in reality some dealers don't give a s
t re the cra act 2015, nor will they care ref the 30day period or 6 months cover. The law is there but getting it implemented is another thing altogether..
t and once the judge gave the verdict he stood up and said, 'British justice is toast'. 
N7GTX said:
A1VDY said:
^^^
All well and good but in reality some dealers don't give a st re the cra act 2015, nor will they care ref the 30day period or 6 months cover.
The law is there but getting it implemented is another thing altogether..
This is true and you must be prepared for a long slog with it. Bought my car in December last year and my court case was in November so you need to be determined. The dealer in my case certainly didn't give a sAll well and good but in reality some dealers don't give a s
t re the cra act 2015, nor will they care ref the 30day period or 6 months cover. The law is there but getting it implemented is another thing altogether..
t and once the judge gave the verdict he stood up and said, 'British justice is toast'. 
4rephill said:
N7GTX said:
A1VDY said:
^^^
All well and good but in reality some dealers don't give a st re the cra act 2015, nor will they care ref the 30day period or 6 months cover.
The law is there but getting it implemented is another thing altogether..
This is true and you must be prepared for a long slog with it. Bought my car in December last year and my court case was in November so you need to be determined. The dealer in my case certainly didn't give a sAll well and good but in reality some dealers don't give a s
t re the cra act 2015, nor will they care ref the 30day period or 6 months cover. The law is there but getting it implemented is another thing altogether..
t and once the judge gave the verdict he stood up and said, 'British justice is toast'. But......
He phoned me to ask for bank details and paid in full within the 28 days. But he couldn't let go. "Sorry about all that but we maintain we are still right."
samwhunt said:
An update:
The garage have now offered him £250 (of the £1000) to settle the dispute. For anyone with experience, do you think this is the garage taking some responsibility and therefore he should reject it and request more? Or would you settle?
TIA
Ask for more, but have a clear figure in mind. Don't have the strongest case as it should have been returned to the trader first. IANAL.The garage have now offered him £250 (of the £1000) to settle the dispute. For anyone with experience, do you think this is the garage taking some responsibility and therefore he should reject it and request more? Or would you settle?
TIA
You could go for £750 and offer to split the difference at £500.
samwhunt said:
An update:
The garage have now offered him £250 (of the £1000) to settle the dispute. For anyone with experience, do you think this is the garage taking some responsibility and therefore he should reject it and request more? Or would you settle?
TIA
I would bite his hand off. An 8 year old Pug is heading into shed territory. Get rid and move on.The garage have now offered him £250 (of the £1000) to settle the dispute. For anyone with experience, do you think this is the garage taking some responsibility and therefore he should reject it and request more? Or would you settle?
TIA
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