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Please HELP!! Bought a car from a dealer gearbox has gone.

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  • Please HELP!! Bought a car from a dealer gearbox has gone.

    Good Afternoon everyone !*

    I would like some help and advice if possible. I will try to make as much sense I can.

    I am so sorry for such a long post however, I tried including as many details as possible.*


    My wife and I decided to buy a bigger vehicle *as we use our car everyday to travel to university and work as both are located in London, and we live on the outskirts in Kent.*

    We found this lovely looking car for a great price at a dealer in Peters borough (100 miles away) I drove down on 8th of November 2019 liked the car and part exchanged and paid the rest by cash.*
    A week later driving on our daily commute the engine bay steams up and a strong smell of burnt oil. I stopped, looked underneath the car and could see something is leaking on the exhaust thinking it was oil I was worried that it can catch fire called the dealer asked him to repair it. Took the vehicle to him turns out it was engine coolant gasket. However, the smell was still there and that has been explained by the dealer that the rocker cover gasket has been replaced and some oil was on the engine from the repair before. Dealer has provided a courtesy car while the gasket was being dealt with. 1 week goes buy not a word from him. I call him to ask how are things going? He replies saying that his mechanic has walked out on him, and he only has one mechanic, they are very busy please don't call we'll call you. I thought that was a bit rude however, apologized explained that I have to pay the Dartford charge 4 (£10) times a day on the courtesy car and it's very expensive for me. 2nd week goes buy not a word from the dealer I decide to call again. He shouts at me and hangs up the phone. 3rd week goes by I call him again to ask him for at least an update on the vehicle again very aggressive attitude tells me to f*** off, and he'll call me when it's ready. Another 4 days later I asked my dad to give them a call and the car was ready to collect.*

    12/01/20.*
    I drive to Victoria Coach Station to pick up my mum. At around 6pm the gearbox breaks on the car. No gears at all the car just rolls and revs.* (I have done since I bought the car 1000 miles)

    I called the dealer yesterday 13/01/20 and explained this issue to him. He said there's nothing we can do but bring it here we can have a look at it. I arranged a car delivery service another £200. And I receive a call from the dealer saying they will not repair it or replace the vehicle. The only thing they can do is outsource the work to another garage but I will pay half he also said "if you're not happy with that sue me". I'm trying to explain to me that we are students we rely on this car, it was a lot of money for us plus we exchanged a good reliable car, that we do not have spare £800 that we could just come up with. He gets angry and hangs up.*

    I call Citizens advice bureau they tell me Consumers Goods Act 2015 that he should repair the vehicle or replace. They told me to write the dealer a letter and send it signed for.*


    One issue what should I write i.e. what should the letter contain ? Are there templates or perhaps somebody could check the letter after I have written it ?*

    P.S. When I went to collect this vehicle after repair the first time he made me sign a paper saying that I do not want any work done on the oil smell. He assured me the smell it's not a big issue it's just when previous leak was they repaired it and haven't cleaned it. I said ok and signed the paper. (Attached below) on the phone he told me you signed a paper, and we will not do anything under warranty.*

    Please somebody who has been in similar situation or know how to deal with this issue please help.


    Thank you so much!
    Tags: None

  • #2
    So far I wrote this. Is this ok ?*




    Watson Autp Repairs

    7 Church Street

    Stanground

    Peterborough*









    Dear Mr Watson,*



    Peugeot 308

    Reg number: KS08 NYK





    I am writing to you about Pegout 308 which I have purchased from your company and it has been mechanically unsatisfactory ever since the purchase was made.*



    The vehicle was purchased on 8/11/2019. From 18/11/19 to 5/12/19 it has been at your garage at which you were carrying out the repairs on the leaks. The vehicle has done around 1000 miles since the purchase of the vehicle.*



    At the time of purchase you were insuring me the vehicle is in good mechanical condition and if there are issues they will be repaired since the vehicle was purchased from you.*



    i. The vehicle has a gearbox problem which occurred on 12/12/20 which makes this goods unfit for purpose and not of satisfactory quality.*



    ii. Under the Consumer Rights Act 2015, this car should be of a satisfactory quality, fit for purpose and as described. My rights have been breached because the car you sold me is faulty and you are refusing to repair the vehicle. I would like you to put this right by repairing the car at your cost,replacing the vehicle of same market value or issuing a refund minus usage on the car.



    I hope this matter could be resolved between myself and your company without going to County Court.



    The examination report of independent expert will be arranged if this will go further.*





    Please respond to this letter in writing within 14 days of receiving this letter.





    Yours faithfully
    *

    Comment


    • #3
      Viewing your other post (https://legalbeagles.info/forums/for...arbox-has-gone) I would suggest something more along the following lines;

      Letter before action

      On dd/mm/yy I purchased vehicle Peugeot reg no XXXXXXX from you for £xxxx
      You assured me the vehicle was in good mechanical condition, and i relied on your word.
      The vehicle was returned to you on dd/mm/yy for repairs and was not returned to me until dd/mm/yy.
      ON dd/mm/yy the vehicle broke down again.

      Under the Consumer Rights Act 2015 ("CRA"), there are implied terms that the vehicle would be of satisfactory quality and fit for its intended purpose and as described
      The vehicle is unsatisfactory, not fit for purpose and not as described
      In accordance with my rights under CRA 2015 I now require a full refund of the purchase price
      This should include the return of the vehicle I gave in part exchange.

      I will also require my other costs refunded.

      if no satisfactory response is received within 14 days I will initiate court proceedings without further notice.


      PS please keep to one thread. Multiple threads are very confusing!

      Comment


      • #4
        des8 thank you. I apologise I wasn't aware I made 2 threads.* Would you know if the dealer would be liable for transportation cost of the car since it is a non runner it costs around £200 from my address to the dealership. Or am I liable to pay this ? Thank you*

        Comment


        • #5
          dealer pays

          Comment


          • #6
            Good Evening,

            des8and pt2537. As per your suggestions I have sent a letter above to the dealer. He has responded with this letter. I guess this is good news he will repair the vehicle. However, since I live 100 miles away from him and delivery costs around £200 I don't think he will do that. How should I respond to his letter ?

            Is there any where in CRA 2015 it states it's dealers obligation to collect it ? He is very short tempered man and I believe if I just say to him please collect the vehicle he will go furious.


            Thank you!

            P.S according to their website they do vehicle recovery*so I don't see why it should be a big issue to them.*

            Comment


            • #7
              CRA 2015 sec 23
              (2)If the consumer requires the trader to repair or replace the goods, the trader must—

              (a)do so within a reasonable time and without significant inconvenience to the consumer, and

              (b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
              *

              Comment


              • #8
                des8*thank you !*Should I quote and include this in the response letter back to him ? Or write this later if he refuses to collect the vehicle ?

                Comment


                • #9
                  Does this look ok to respond with ?*



                  Dear Mr N Watson,
                  *
                  I am writing in response to your letter on 21/01/2020. Please let me know when it is convenient for you to collect the vehicle KS08 NYK in order to repair it. It is ready for collection at xxxxxxxxxxxxxxxxxxxxxxx.
                  *
                  Kind Regards,


                  Thanks

                  Comment


                  • #10
                    I am very sorry to be annoying just very nervous regarding the whole situation could someone have a look if the above response look ok ? Thank you so much !*

                    Comment


                    • #11
                      Sorry for delay in responding, but have been away for a couple of days.
                      The letter is fine.... see what he says before you get legal.

                      Comment


                      • #12
                        des8 Hi, just watched to thank you for all your assistance with this issue. The dealer has called and said he’s going to collect the car and fix it at his own cost. Hopefully everything will go smoothly from now on and my wife and I can sell this rubbish and buy a decent runner. Thank you again wish you all the best.*

                        Comment


                        • #13
                          That sounds promising!
                          Hope all goes well and thanks for keeping us informed

                          Comment

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