Had car under 6 months - wetbelt/engine fault. Dealer refusing to help.

[vicbob]

Hi all. Hoping for some help.

I purchased a 21 plate Citroen C3 end of Feb 2024. Since getting the car have done 2.5k miles so mild usage.
On Sunday 11 August my car cut out while sitting at traffic lights. I got it towed home and it turns out the teeth have shredded from the wetbelt.
The car is being collected tomorrow by a local garage to assess if this has caused engine damage/failure or simply a change of belt (however I have been advised highly likely there has been engine damage)
I have let my finance company know who are opening a complaint and will contact the dealer.
I called the dealer to explain as per the CRA 2015 it is presumed the damage to the wetbelt was there when I purchased. He says as the advice from Citroen is to check these every 6 years or 64k miles, as my car is 3 years old and has 45k miles they are under no obligation to check this prior to sale and essentially he can do bugger all.

Can someone confirm if this is correct and I now have no recourse? I preferred outcome is to have it repaired and the dealer pay the cost vs rejecting the car. Any advice appreciated.

[echat11]

I think that's irrelevant if the fault has been there at the time it was purchased. If that was the case then there would be no point in having the CRA 2015. No doubt all manufacturers have such 'advisory's'.

How did you pay the deposit?

Wait for further advice from other members.

[vicbob]

I think that's irrelevant if the fault has been there at the time it was purchased. If that was the case then there would be no point in having the CRA 2015. No doubt all manufacturers have such 'advisory's'.

How did you pay the deposit?

Wait for further advice from other members.

Thanks for your reply.

I didnt pay a deposit - when I purchased the car it was just the HP agreement. The tow was paid cash if that is what you mean and I got a receipt.

I just wonder if in fact the garage choose to follow the manufacturers advisory's (in this case not check the belt) do I still have any recourse?

[Pezza54]

You reported the serious fault within 6 months of delivery, so the final right to reject under CRA applies.
Maintenance was not due on the belt for another 3years/19k miles, so the dealer cannot blame lack of maintenance
Under CRA final right to reject the dealer must be given one chance to repair the car.
Are you paying for the local garage to collect and inspect the car because the dealer has refused to do this?
You should be careful about just paying your local garage to repair the car without obtaining a quote and referring the work required and price to the dealer.
The dealer may argue he could have got the work done cheaper but was not given the chance

[vicbob]

You reported the serious fault within 6 months of delivery, so the final right to reject under CRA applies.
Maintenance was not due on the belt for another 3years/19k miles, so the dealer cannot blame lack of maintenance
Under CRA final right to reject the dealer must be given one chance to repair the car.
Are you paying for the local garage to collect and inspect the car because the dealer has refused to do this?
You should be careful about just paying your local garage to repair the car without obtaining a quote and referring the work required and price to the dealer.
The dealer may argue he could have got the work done cheaper but was not given the chance

Thank you.

The dealer is saying "not my problem" essentially. He has advised its just one of these things that happens and there is nothing he can do to help. He said if the manufacturer says not to check til 60k miles, then why would he have looked. I did ask them to repair which they have declined to do.

I got 2 quotes and the 2nd garage is more reasonable, as at this point I dont think I have recourse with the garage. If the advice is to cancel the garage i have booked I can do so, but I guess then where does it leave me if the dealer wont/cant/are not obligated to fix?

[atticus]

The dealer is wrong. But stress it now, while you are still within 6 months of purchase.

How did you pay for the car?

[vicbob]

The dealer is wrong. But stress it now, while you are still within 6 months of purchase.

How did you pay for the car?

Its under a HP agreement. I have raised the issue with the HP company, who advise a complaint has been raised and someone will come back to me within 5 days.

[atticus]

They are jointly liable for the dealer's breach of contract, under s75 Consumer Credit Act 1974. This assumes that the total price of the car was no more than £30,000 (and over £100).

[Pezza54]

If the dealer is refusing to pick up the car and fix the fault he is in breach of CRA
You bought the car using finance.
You should now refer the problem with the car and the dealer's refusal to do anything to the finance company. They are the owners of the car until the car is paid for in full.
You could inform them you intend to pay for repair elsewhere and make a claim for damages (which would include the cost of repair, recovery, collection and inspection) See what they say

[vicbob]

Hi all - update. The garage asked me to get the car checked on my own, which I did. I am £1.5k down at this point and unfortunately the car broke down again last night with an engine warning. There has clearly been more significant damage to the engine than the original garage have diagnosed. The finance company called me at the start of the week to say I had unauthorised repairs done so will make it difficult to claim money back. I advised the dealer requested I do this so they have went back to him.

Moving forward can I now reject the car or do I need to allow him his own chance to repair?

i have been physically ill with stress and I do not feel safe driving the car any more. I would ideally like to return and refinance on a new car.

hoping I have some recourse here?

[Pezza54]

Sorry to read about the ongoing problems with your car
How much did the garage charge on the attempted repair and what work did the garage's invoice say they carried out?
After 6 months the consumer loses their final right to reject, unless the consumer can prove that on the balance of probabilities the fault existed at the time of purchase.
My advice is to wait and see what the fc replies. If you are unhappy with their response make a complaint to the fc and if still no joy, refer your complaint to the FOS (based on the dealer failing to comply with CRA by refusing to carry out any repair)
Chase the fc for a reply if you don't receive one in the next couple of days.

[vicbob]

The initial repair was £980. Which has been paid but I assume there has been more complex damage than they could see or diagnose.

The invoice does state what work was carried out. The dealer has been provided with a copy of this by the FC and they were intially working with him to recoup the £980.

where do I stand if the complaint was initially opened within 6 months, is still ongoing and the dealer refused to complete repairs in the first instance?

i have emailed FC yesterday and today so will call tomorrow if I have no reply.

my ideal outcome is for the car to be returned, finance cleared and I walk away but unsure how likely this is going to be. Feel at such a loss.

[Pezza54]

When you said your preference is for the car to be returned, financed cleared and walkaway, do you mean you are prepared to lose the £980 plus inspection fee?
Can you please post the wording in the fc's terms and conditions about unauthorised repairs

[vicbob]

Hello. At this point yes I’m willing to lose the £980. I just can’t go through the stress any more. I lost my Mym recently (not particularly relevant) but I’m just not dealing with all this very well. Too much stress.

i can’t see anything saying about unathorised repairs. I have added wording below about caring for the vehicle? Unsure if that is where this falls

Caring for the Vehicle
a) You must keep the Vehicle in good working order and condition at your expense and you must have the Vehicle serviced in accordance with the manufacturer's recommendations and any applicable warranty. You are responsible for all loss of, or damage to, the Vehicle even if caused by events beyond your control. However, you are not responsible for any accepted reduction in the value of the Vehicle where this reduction is as a result of fair wear and tear in normal usage.
b) You must not let a repairer, or any other third party to whom you owe money, seize the Vehicle and/or create a lien or any other right over it.
c) You must not use the Vehicle to participate in motorsport or track days or any other similar competition event;
d) You must make sure that any tests or inspections needed by law or by the insurers are carried out.
e) You must inform us promptly if the odometer of the Vehicle does not function correctly and arrange for its prompt repair.
f) You must not use the Vehicle in any form of sub-hiring arrangement with any third party.
g) You must pay all fines and charges incurred by you relating to the Vehicle or its use and compensate us for any costs we incur if we are required to make any of these payments.
h) You must ensure at all times that either vehicle excise duty (vehicle tax) is paid for the Vehicle, or the Vehicle is correctly declared as being off the public road (Statutory Off Road Notification).
i) You must punctually pay all outgoings payable in respect of the Vehicle and the premises where the Vehicle may be located from time to time and keep the Vehicle free from any legal process.
j) Unless we have given you permission in writing, you may not make any alterations or additions to the Vehicle (including any modifications and fixing a personalised or non-original number plate). Any alterations or additions made without our permission will become our property.