Scooby Snacks 23

A family friend (single woman in her 50's) recently bought a '53' plate 206 automatic from a Peugeot dealer. She saw the car and left a deposit on 7/2/07. A part exchange was agreed with her car also, and the car was an "approved" 2nd hand sale with full service history, 12 mth warranty, and full "Lion" check (presume that's Peugeot's peace of mind check?)

She then collected the car on 14/02/07 and within 4 miles, the snow sign came on the dashboard and it broke down (wouldn't change gear). She rang the garage who collected it and took it back to the garage. Later that day they rung her and said they thought it was a software problem with the gearbox but having test drove it for 20 miles, it seemed to be okay. She took it home and the following day the same thing happened and she rung the garage and they collected it the following day. It went back on 16/02/07 and she got a call on monday to say that there was a problem with the gearbox and they needed to order parts. They didn't know how long it would take to get the parts so they offered a courtesy car. When she got upset about the problem with the car, the service manager became abusive and told her that she should "be patient, it will be ready when it's ready".

She's now demanded her money back (circa £6K) as the car obviously has a problem and she wishes to buy another car from a different dealer. The service manager put her through to the sales manager who hung up on her twice when she said what she wanted.

So, having had the car for 6 days (and covering less than 40 miles) at the point she asked for her money back, is this is something she can legally do??? Is she covered by anything (Sale of Good Act or something like this?).

Any help would be appreciated - she's very upset about the way she's been treated.

Thanks

SS23

Luminous

iTrader: (3)

With the cost of the potential claim being more than £3k, I believe that you are not eligible to go to the small claims court. This would make an legal action you ultimately may need to take more expensive.

It does sound like you have a potential claim, but I am no expert. Citizens Advice Bureau and your local trading standards would be my next points of call.

Also, make sure you document everything. Take notes of all conversations, and if possible record things for use as possible evidence in the future. You will need to write to the garage detailing your concerns, and your request. I would take legal advice before you do this, you need to act quickly imo

David Lock

Sounds to me like your friend was getting a bit stroppy and the garage were acting reasonably to start with. But she could call Trading Standards as I expect she has a right to seek a full refund (but I don't know if PEx messes things up?). Also CAB as above. Is she an AA member or something like that as they may help. But why not calm down and be patient whilst the gearbox is fixed if she liked the thing in the first place.

BlkKnight

I'm with Dave on this one.

The garage are being reasonable - Trying to fix problems, offering a courtesy car etc.

I can't comment on the hanging up of the phone - as I was not privy to the conversation.

If they still have the p/x I suppose they would begrudgingly offer a refund - the problem the p/x's are typically sold off very quickly eithor to auction or to the dealer network.

CAB may help, but I've not a clue what they'd offer in the way of advise.

Scooby Snacks 23

Thanks for the replies so far fellas. I agree that she might be being a little hasty, but I think it all stems from the fact that she was spoken down to by the garage that's made her see red. As I said to her on the phone last night (which agrees with what Dave said) they seem to be doing their best to sort it but she's upset with the way in which she was treated and she also thinks that they knew was there was a problem with the car at the time she bought it.

Having looked at the Sale of Good Act concerning Faulty Goods, it seems that she may have recourse based on the following extracts, but with a car, it's difficult to tell if they would apply!

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
I think we'd all agree that breaking down within 4 miles of the dealership would not be classed as satisfactory.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
Repair is possible, but they have given no timeframe for repair - could be months
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
Asking for a refund 6 days from the point of purchase, when having not benefitted form actually having the car, is certainly reasonable.

I'm not necessarily defending her, just know that she get's upset when she thinks she's being "taken for a ride".

gpssti4

iTrader: (6)

Firstly for buying a Peugeot.

Secondly, insist on a full refund. I believe that she's well within her rights to do so. She should put it in writing, stating why she is demanding the refund - state consumer law if need be. Send it recorded delivery, giving the garage time to respond, 3-4 days would be reasonable.

Don't be fobbed off by people, if there's a problem then the garage should sort it out, whether that's fix the fault or a refund.

Or course the CAB and Office of Fair Trading will generally offer better advise than on Scoobynet.

PPPRob

Definitely contact Citizens Advice as the first step.

I get fed up of hearing people get fobbed off by all sorts of places whether big or small. At the end of the day, your friend owes them nothing. If she's being treated badly - by being sold a car that clearly hasn't had a 'Lion check' or whatever, then IMHO she has enough ammo to be annoyed.

Yes the garage are being good by offering her a courtesy car etc but none of it would have been required if they'd just not fcuked up in the first place.

We're getting far too laid back in this country and taking crap from people. Stand up for yourself (he says while hiding behind his computer )

Do as the others say, call CAB, document everything, record convos if poss. She might not need any of it and they might call and say 'its fixed!' but if not, you've got more info than they have.

David Lock

All fine and dandy but what is the position re the Part/Ex? As said it might have been sold on quickly thro' the trade but if not? I'll bet the lady in question didn't pay too much attention when they were talking trade-in prices. Seems open to the garage to claw back a few bob if she takes the refund route.