Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    angel2479 Novitiate

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    Default Peugeot 307 - broken gearbox

    I have a Pug 307 HDI. It was registered in Marc 2003 and has done just over 45k miles. At the weekend I broke down thinking the driveshaft had gone but it turns out that its the gearbox. Peugeot have quoted £1100 but to be honest I don't see why I should have to pay it seeing as the car is less than 4 years old & has not done extensive mileage. Is it just me or are gearboxes supposed to last longer than 4 years?!

    If anyone else has had the same problem, please get in contact as I would like to know whether this is a common occurance with Peugeots before I go stamping my feet with Head Office.

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  2. #2
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    Default Re: Peugeot 307 - broken gearbox

    Where did you buy it from and what form of payment did you use? Did you buy it new and if not when did you buy it?

    You won't get anywhere with the manufacturer; they are not liable past any guarantees that they may offer. However you may possibly have statutory rights against the trader or finance company (depending on form of payment) and I will advise further once I have this information.

    Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

  3. #3
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    Default Re: Peugeot 307 - broken gearbox

    I bought the car from Blakes in Worksop and paid by switch. I actually bought it when it was two years old & only had about 19k on the clock. After doing some research this seems to have happened to a few people & as far as I am aware it is highly unusual for a gearbox to go so soon, so would the manufacters not be liable?

    I spoke to Peugeot head office today & informed them of the problem. I was told that in order for Peugeot to specifically tell me what was wrong with the car, that I would have to book it into a Peugeot garage (at a cost of nearly £80). I informed them that I have had the car checked by an independent garage and that I didn't particularly want to pay £80 for them to confirm what I already know but Peugeot insisted that the findings of another garage are not taken into consideration - as they are not perceived to be experts on their products. I was told that in order for them to ascertain the problem the gearbox would need to be stripped. Yet when the mechanic that is currently dealing with my car called Peugeot he was told that they don't bother stripping gearboxes - they just replace them!!!

    Even Head office told me that I could book my car into one of their garages without having a diagnostic test. Yet, their franchises tell me otherwise.

    One of Peugeot's franchises also tried to tell me that the problem may have been caused by the way I drive - yet I have spoken to four other independent garages who say this is untrue.

    I feel that in order for Peugeot to even consider contributing towards the cost of replacing or fixing the gearbox that I have no choice but to pay the £80 diagnostic fee. However, I don't actually see why I should ahve to when an external qualified mechanic has confirmed what the problem is. My car is also undriveable so I will have to pay to have it towed to a Peugeot garage. Is it just me or are they being unreasonable or is this standard procedure with all car dealers?


  4. #4
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    Default Re: Peugeot 307 - broken gearbox

    To be honest, your contract is not with Peugeot, it is with the garage where you purchased the car. Peugeot won't legally have to do anything over and above any manufacturers guarantee they offered with the car.

    Your rights against the garage where you purchased the car would come under the Sale of Goods Act which states that all goods bought must be of satisfactory quality, fit for all normal purposes and as described. This legislation does cover second hand goods, although wear and tear has to be taken into account. You would be best advised to get an expert opinion on the fault and whether it could be considered normal wear and tear or if it is something that you would not expect to happen in a car of that age and mileage.

    If it can be reasonably argued that the fault was inherent in the car when you purchased it and is not due to normal wear and tear, you would have rights against the garage where you purchased the car under the Sale of Goods Act. They would have to - in the first instance - repair the car, probably with a reconditioned gearbox (if the part is new, they may argue that you are getting "bettermenticon" from the repair, i.e. in a better position than you would have been in had the gearbox not failed as you would have a brand new gearbox, and they may push for a contributionicon).

    I would report this matter to Worksops as soon as possible and see what response you get. If necessary follow this up in writing - but do reassure yourself that this cannot be classed as normal wear and tear as I am far from being mechanically minded and therefore cannot give an expert opinion on this particular aspect.

    Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

  5. #5
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    Default Re: Peugeot 307 - broken gearbox

    I have to spoken to the garage in Worksop today. I explained the issue & was told categorically that the company would not provide any form of 'goodwill' contributionicon and that they were not willing to discuss the matter as I bought the car two years ago & they haven't seen the car since. I informed the manager that I was never told that the car had to be serviced solely by themselves & he agreed but still refused to discuss the matter even when I told him that I have had the car serviced with another Peugeot dealer and can provide all documents upon request.

    As I have read the sales of goods act I ask the service manager if he thought it was reasonable for his company to provide a car at a premium forecourt price and expect a customer to only get around 30,000 miles from the car's gearbox. The manager responded by telling me that if I wanted to go down that route that the company has their own legal team but that he would speak to his manager and get back to me on Monday.

    In the meantime, I have booked my car into a Peugeot garage for an £80 diagnostic test, which I am told will not be refunded if they find the fault to be as the previous mechanic found it to be. They have also again tried to tell me that it may have something to do with teh way the car has been driven - which I'm guessing with be their conclusion when they have taken the £80 from me, as it seems to be standard response when I talk to any Peugeot garage. However, independent garages seem to think otherwise.

    You mentioned that I should get the car checked by an expert, but I am unsure this will in any way sway the garage's response as they have already stated that they will not take the word of another garage as they do not perceive them to be experts in their products. I could end up being given a biased opinion by the Worksop garage & feel that I am in a lose/lose situation and am not sure who to talk to next


  6. #6
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    Default Re: Peugeot 307 - broken gearbox

    what is the problem with the gearbox ?


  7. #7
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    Default Re: Peugeot 307 - broken gearbox

    Hi

    Are you in the RAC or AA they may be able to help you!

    Steve


  8. #8
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    Default Re: Peugeot 307 - broken gearbox

    i do understand your situation as i had a different problem.
    A 53 reg car still under warranty with less than 35k miles going into early head gasket failure
    As you can guess i was fuming and after kicking up the worst stink(complained to TS Fiat UK and the rest) they fixed it but still maintain the position as this is not covered by warranty and that blah blah....
    Looking at every receipt i have in 2 and half years i had the car its been a staggering 52 time back into the dealership for various repairs.

    My advice make a fuss, someone is going to listen


  9. #9
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    Default Re: Peugeot 307 - broken gearbox

    yes I had a problem with a flywheel on my 4 year old 307. Initially took it to an independent garage and later had the car collected and transferred to a Peugeot garage FOCicon when the problem was identified as only a Peugeot dealer can rectify the problem FOC. The flywheel has a 5 year guarantee don't let them fob you off. The clutch has a 3 year guarantee in line with the warranty. I had the flywheel changed FOC but purchased a new clutch which they fitted while the engine was dismantled. I just paid for a new clutch at a discounted price. The original garage quoted £1000. I don't have the receipts now as I have since sold the car and replaced it with yes another new 307. I had no other problems and I do like the car.


  10. #10
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    Default Re: Peugeot 307 - broken gearbox

    Hi all, I had a similar problem with my 307. Bought the car in Oct 04 and in Feb 05 the flywheel broke up and cost me over £1000 (including hire car etc) for it to be sorted. At the time I phoned Peugeot and told them of the problem and stated that I was surprised considering its v low mileage for its age (51 plate with 12k at purchase and 16k when it all happened). They got back to me and said NO. So I wrote to them and included all my receipts, the worksheet from the Peugeot garage etc they still said NO. When I spoke to the Service Dept Manager after it was all paid up he said that it may be that as I didn't buy the car from Peugeot then they woudln't be interested.

    Anyway at the time I suppose I just took it and left it at that, now I have read the above post with the flywheel having a 5 year garantee on it do you think I should re approach Peugeot with this or am I now too late??


    If you think it is still possible to go back to Peugeot with this then please can you tell me where I can produce evidence of the 5 year garantee?

    Car Registered in December 2001
    Purchased by me in October 2004 (3 months warranty remaining) (12k)
    Broke down in February 2005 (16k)

    Many thanks

    bluejay

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  11. #11
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    Thumbs up Re: Peugeot 307 - broken gearbox

    BlueJay I feel really sad for you. If I hadn't searched for info on the web I would never have found out about the flywheel either. I just thought it was worth checking the websites to see if other peugeot users had experienced the same problem and I was lucky to find they had. Armed with this information about the 5 year warranty on the flywheel, I phoned Peugueot head office. They confirmed it was correct. I think it is a discretionary thing and is dependent on the peugeot dealer that you go to as to whether they will claim the cost back from Peugeot for you. I would definitely keep up the fight, I am sure the Peugeot dealer is at fault here. Good luck.


  12. #12
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    Default Re: Peugeot 307 - broken gearbox

    I forgot to mention. I had purchased the 307 new from the Peugeot garage who did the repair and I had it regularly serviced by them. This may have made a difference.


  13. #13
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    Default Re: Peugeot 307 - broken gearbox

    I would never purchase another Peugeot... I brought mine from Hlyton Peugeot, it was the second car I purchased from there, the 1st was a s reg 206 the second a 51 reg 307...The first car I paid cash for the 2nd time my dad helped me finance...looking back from the very start there were problems that meant I should have walked away and left the car.

    I saw the car advertised on their page on the net and as I had had previous dealings with Hylton I called about the car it was advertised for £5999, they told me this was an era it was actually marked up lower than in the garage but I could purchase it at that price if I went down the same day. My dad and I went and looked at the car and we sat down with a salesman who unknown to us was leaving to go work for a rival company that same day was his last ... so can you imagine that all the information my dad gave, the salesman ticked boxes he knew where untrue causing us untold problems when they kept asking for proof for one thing and another, after my dad went mad at them as I was suffering a relapse at that time with my thyroid and the upset was playing havoc with my health.

    They had me running around like an idot while they stalled me on the day I should have collected my car, from them after that it was all down hill, the electrics played up on the car the door wouldn't lock the jobs needed on the car suddenly had to be rushed as there was only 3mths warrenty on the car?? and nobody offered to mention it or offer anymore and with all the previous problems it slipped us to check, my s reg came with a yrs warrenty but my 51 reg came with 3mths ???

    I moved home in 2005 and was pregnant my car spent most of its time on the drive for one thing and another, but the biggest problem was the indicator switch had gone and the horn, I was advised the whole column would need to be changed...after speaking to someone from a different peugoet dealer I was told...that was a problem with the 307's that peugeot knew about but it was never put as a recall because they didn't see it as dangerous ((now if your indicator switches to left after you've turned right people automatically think your turning left... i have had quite a few near misses because of this, and without the use of a horn which worked as and when but its not classed as dangerous?)

    I was told that the warrenty had been changed because of this problem and was 4yrs or 60,000 miles my car was only 20,000 but i lost out because i was over the 4 yrs so I was expected to pay for this myself. I kept the car for just under 3yrs as my finance term was a 3 yrs option that would have ended april 2007 and i paid it up jan 2007 during that time the car had break problems, exhaust fell off, door problems, electrical problems....etc


  14. #14
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    Default Re: Peugeot 307 - broken gearbox

    I currently own a Peugeot 307, and what I am reading is quite frightening. I have just picked up my car from the garage today, as I had a gearbox fault. Mine is an automatic mind you. It basically got stuck in third gear, twice. They say that the fault isn't on the log and they can't find any problem.

    So I will put it back in (with another day's inconvenience), for them to check thoroughly. Its still under warranty, but only until Feb 09.

    Before this, I had an anti pollution fault, a faulty "o" ring on the exhaust, plus two recalls (one for an engine temperature sensor, and another water ingress of the ABS system).

    Tiny issue still not resolved is a very annoying wrattling/squeek from the rear seat drivers side when driving on slightly bumpy roads. They oiled the seat latches but not gone away. Anyone had this at all? I wonder whether it's the passenger seat belt?

    Overall, pretty disappointed with my purchase. For £9k would have expected less aggro!!


  15. #15
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    Default Re: Peugeot 307 - broken gearbox

    hi it my first time on here so here goes.....
    i have a 307 o3 reg 44 thousand miles on clock and like yours it broke down sunday . problem been flywheel and clutch i have spoke to peugeot today after reading you forum to find how all your experience's help me a lot. they told me they would or could not repair my car for free but would look in to a good will payment for me. however the entery on here that say the flywheel has a five year warrent was the case but know more they have re-avalued the warrent on the part. i asked the lady at the care centre if it was because the car had a problem she told me this was not the case. my feeling on the matter are that you do not re-avalue a warrent unless it is proven to be expensive for you to maintain. thank you all for your help you all have help with out knowing me.



    thanks kezabellrichie


  16. #16
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    Default Re: Peugeot 307 - broken gearbox

    my 307 gearbox failed last week. It's a 51 reg 1.6 5dr GLX .. only done 42K. I took it Peugeot garage and after running diagnostic they said it will take 2-2.5k to replace gearbox and clutch. Not only that there are whole host of other problems exhausts, c/locking, water pump leaking, thermostat leaking and more - everything is falling apart.

    My advice never by french car! I learned my lesson.


  17. #17
    307 307 is offline
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    Default Re: Peugeot 307 - broken gearbox

    hi guys
    i have a peugeot 307 s 07 plate i wanted the following parts for it, front driver side wing, bumper, windscreen, would anyone know a cheap place to buy them from.
    thanks


  18. #18
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    Default Re: Peugeot 307 - broken gearbox

    hmmm im new to this site as i found problems with 307 gearboxes on google. My car is currently in because the differential in the gearbox peugeot fitted 3 months ago has gone to pot......they are trying to charge me....wait for it.....£2040 to replace.....all because the fornt tyres on my car have melted tread.....they say it is down to me wheelspinning.......well if truth be told i am a tyre fitter by trade with a 3 month old boy i have to pay for so cnnot afford brand new tyres.......i bought a set of second hand tyres off of a car they had been round a track as we all know can cause melting tread......i bought said tyres as the tread is LEGAL which is what matters.........but apprently this is my fault and they will take no futher action until i fork out the £2040 for new box OR £289 to put my car back together so i can tow it away!!!! so in my position what in hell do i do!!!! HELP!!!!!


  19. #19
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    Default Re: Peugeot 307 - broken gearbox

    sorry i forgot to say my car is 2007 '57 plate 1.6 petrol........still dont see how they can prove a new diff has gone due to looking at tyres!!


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    Default Re: Peugeot 307 - broken gearbox

    You should have the receipt for the tyres, show them that and tell them if they refuse to fix it you will take it to another garage to be fixed and bill them for the amount and that non payment will be met with a court summons.

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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE