Faulty Car - Right to Reject

Faulty Car - Right to Reject

Author
Discussion

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
I bought an ex demo 2017 Peugeot 5008 with about 7000 miles on the clock from a Peugeot dealer. In general I haven’t been too impressed with it, especially the mileage claims (another story entirely). Within two weeks of ownership I have noticed a fault with the massage seat. It is glitchy, doesn’t stay on, sometimes won’t come on and subsequently freezes the touchscreen. The controls become unresponsive. Under the consumer rights act 2015 do I have the right to reject the car and expect a full refund?

Edited by Shrub on Saturday 21st July 10:29

South tdf

1,518 posts

194 months

Saturday 21st July 2018
quotequote all
Have you given the dealer chance to fix the faults?

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
I have emailed them to make them aware of the faults. No response as yet. What I’m asking though is, do I have to give them a chance or can I ask to reject straight away?

South tdf

1,518 posts

194 months

Saturday 21st July 2018
quotequote all
I believe you need to give them chance to rectify the faults. Obviously other factors such as did you view it prior to purchase etc but I think you are best waiting to see what they say.

Just keep a log of who you spoke to and what has been suggested / done.

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
With regard to repair, is that the case within the first 30 days? My research so far has made me think that that may be the case after 30 days and in the first 6 months. I’m unclear, hence posting the question here.

valiant

10,064 posts

159 months

Saturday 21st July 2018
quotequote all
Don’t email them, call them up and explain. Emails are at the back of the queue when dealing with a harassed service advisor and are easy to ignore.

Keep a record though in case you have to escalate.

SteBrown91

2,358 posts

128 months

Saturday 21st July 2018
quotequote all
Generally a car has to to be fit for purpose.

A faulty massage seat is not grounds to say it’s not fit for purpose.

The car is under warranty just book it in via their service team.

TooMany2cvs

29,008 posts

125 months

Saturday 21st July 2018
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SteBrown91 said:
Generally a car has to to be fit for purpose.

A faulty massage seat is not grounds to say it’s not fit for purpose.

The car is under warranty just book it in via their service team.
^ This.

A massage seat is a fairly trivial bit of functionality, and it's under the manufacturer's warranty. Just use that.

Unless you're trying to find some/any grounds after the economy thing...

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
I am very much trying to find grounds to reject. To say I am disappointed is an understatement.

Alucidnation

16,810 posts

169 months

Saturday 21st July 2018
quotequote all
Shrub said:
I bought an ex demo 2017 Peugeot 5008 with about 7000 miles on the clock from a Peugeot dealer. In general I haven’t been too impressed with it, especially the mileage claims (another story entirely). Within two weeks of ownership I have noticed a fault with the massage seat. It is glitchy, doesn’t stay on, sometimes won’t come on and subsequently freezes the touchscreen. The controls become unresponsive. Under the consumer rights act 2015 do I have the right to reject the car and expect a full refund?

Edited by Shrub on Saturday 21st July 10:29
Of course.

Go balls deep and claim for compensation as well.

I can’t beleve in this day and age that cars will sometimes occasionally go wrong.

Your poor back.




Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
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Haha. My back is fine. The car however isn’t. What would you do?

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
Yes I have changed my mind about it. It’s broken after two weeks.

Wills2

22,663 posts

174 months

Saturday 21st July 2018
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This is the second thread on the same car from the OP:

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Rather than moaning on the internet looking for answer that doesn't exist go to the dealer and get them to fix the seats and do a software flash on the screen or just sell the car and move on.




ClaphamGT3

11,269 posts

242 months

Saturday 21st July 2018
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Shrub said:
Haha. My back is fine. The car however isn’t. What would you do?
I would do a little more research and not squeal like a spoilt little girl because I was thick enough to buy a car I didn't like

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
Asking the question here is part of my research. It is difficult though when the thread quickly becomes mildly abusive. There are no official bodies I can speak to as it’s the weekend and of course I will do come Monday, but in the meantime if anyone has a definitive answer I would be very greatful.

TooMany2cvs

29,008 posts

125 months

Saturday 21st July 2018
quotequote all
Shrub said:
There are no official bodies I can speak to as it’s the weekend and of course I will do come Monday, but in the meantime if anyone has a definitive answer I would be very greatful.
There is no one-size-fits-all "definitive answer".

If you ask to reject it, and the dealer refuse, then you have a straightforward choice:

1. You swallow it and keep the car.
2. You leave the car, the paperwork, all the keys with them and walk or get a lift home. Once back home, you fill in a court claim for the purchase price of the car - https://www.moneyclaim.gov.uk - and wait for either the dealer to fail to lodge a defence (you win by default) or for the court to decide who is in the right, based on the specifics of this case as presented by your claim and their defence to it.

The law is straightforward -
http://www.legislation.gov.uk/ukpga/2015/15/sectio...
Consumer Rights Act 2015 s9 said:
2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the goods,
(b)the price or other consideration for the goods (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).
So is an intermittently flaky massage seat (which is covered by the manufacturer's warranty) sufficient to render an entire used car "unfit for purpose" in the eyes of "a reasonable person"? Not exactly clear cut, is it...?

Nanook said:
You've been given a definitive answer.

You cannot just reject it outright.

You must give them a chance to repair it.
He's within the first 30 days, so there is a right to rejection. It's only after the 30 days that they have a right to repair. But it's still subject to whether a mildly temperamental and warranty-covered technowk frippery renders the entire used car "unfit for purpose" or not.

Edited by TooMany2cvs on Saturday 21st July 11:37

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
Ok. Thank you for clearing that up.

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
Toomany2cvs thank you for taking the time to detail the procedure. Very much appreciated.

Shrub

Original Poster:

33 posts

222 months

Saturday 21st July 2018
quotequote all
TooMany2cvs said:
He's within the first 30 days, so there is a right to rejection. It's only after the 30 days that they have a right to repair. But it's still subject to whether a mildly temperamental and warranty-covered technowk frippery renders the entire used car "unfit for purpose" or not.

Edited by TooMany2cvs on Saturday 21st July 11:37
As far as I can gather the CSA 2015 is a little broader than "unfit for purpose" and states that items must be "free from minor defects" and also that if any fault at all develops within 30 days there is a right to reject.

Unsurprisingly I do find it quite hard to believe that I could reject a car based on a faulty seat and a potentially minor or major electrical problem. Maybe I'm naive. Maybe I should expect more as a consumer.

I guess that a chat with Citizens Advice etc on Monday will quickly clear up my concerns once and for all. There seem to be mixed opinions here which is kind of where I've already ended up.

And for those who offered less useful advice, I already have the car up for sale due to being deeply disappointed with it. Problem is how do I sell a car that now has a broken seat and could potentially be off the road for a while if it were to go for repair. Meanwhile I suck up monthly repayments...

Out of interest I will keep this thread updated with the progress of this issue. Definitive answers are a good thing.

Willy Nilly

12,511 posts

166 months

Saturday 21st July 2018
quotequote all
Shrub said:
Haha. My back is fine. The car however isn’t. What would you do?
Of course, it should work. However, electrical stuff in cars is notoriously st and you bought a car from a brand that is hardly a shining light of electrical perfection. This issue is hardly a show stopper as far as the car goes, unless you massage seats that you probably won't use after about a month when the novelty wears off leaves you stranded on the side of the motorway.

If you wanted a reliable car you could have bought a Toyota or Honda.