Peugeot 307- Legal Advice please!

[Kirsty Maria]

Hi, I wonder if someone could help me please?

I bought a car 6 weeks ago now a Peugeot 307, 1.6 diesel, 55 plate. After having it for about a week I noticed a knocking noise that sounded like it was coming from the steering or around that area when I turned the car on and off and every so often when I went over bumps (and the car vibrated slightly) I then started to hear like a metally grinding noise... I later found out that the rattling was the rear engine mount that the rubber has wore away on and the metally noise is the wheel bearing that is going.

 

Also the electric windows are sticking when trying to put them back up. I didn't take the car back to the garage I bought it from as I wanted to see what was wrong with it before I did. When I found out what was wrong with it, I took it back to the garage I bought it from and the guy just basically fobbed me off and said it's not dangerous, it was MOT'd and serviced before you took it away, I'll fix it but you'll have to pay.

 

He took the car for a drive, with me and my boyfriend in the back and was doing about 70 mph around an industrial estate, going over any pot holes he could find and slamming on every so often (quite scary) and said don't worry I've done this every day for the past 25 years to test drive cars. That didn't exactly make me feel better! At one point he was driving like that and on the phone.

 

That was on Saturday, this morning (Tuesday) I got into my car, was half way to work and the engine light came on saying 'anti pollution fault' this is the last thing I need!!! I have looked at the the Sale of Goods Act and it stated that if anything goes wrong with a car if you have bought it within the last 6 months, the person you bought it from is responsible to fix this.

 

Someone help me please!!! I'm so fed up with things going wrong on this car already!!!

Thanks, Kirsty

Edited October 1, 2013 by Conniff

[kirkbyinfurnesslad]

For legal advice you must consult a solicitor

[Conniff]

Welcome to the forum Kirsty.

 

During the first six months of ownership, any faults that become apparent are assumed to have been there at the time of purchase and it is up to the seller to prove otherwise.

After six months, it would be up to the buyer to prove these faults were there at the time of purchase.

 

Don't talk on the phone to the dealer unless you can record the call. If you have face to face meetings, then have your mobile in a nice position where you can record the conversation. You don't have to tell them they are being recorded.

 

Unless the faults were pointed out to you at the time of purchase, then it is the responsibility of the seller to fix.

 

Drop him a letter saying you have taken advice and under the SOGA the car is not of satisfactory quality and reminding him of his responsibility.

 

Any letters sent through the post should be by recorded delivery.

 

Email is a legally recognised way to correspond, so it might be quicker to do things that way if you can.

 

Lets see what he comes back with.

[sequenci]

Hello there, was it a private sale or from a 'dealer'? - I'm assuming it's the latter if bought from a garage but just wanted to check for sure.

[Kirsty Maria]

I am a trainee solicitor so can get legal advice from my boss, he's not back in work until tomorrow so was wondering if anyone could give me any sort of advice.I have spoken to Trading Standards anyway so hopefully getting sorted.

[Kirsty Maria]

Sorry it was from a dealer! A very dodgy one as I am now finding out for myself!

[sequenci]

No doubt!

 

As you have bought from a dealer you have far greater rights as a consumer. You should look to reject under the SOGA

[Kirsty Maria]

Yeah that it what they said when I rang Trading Standards, I had looked at the Sale of Goods Act previous to going back to the garage but now it has been stated to me that even though I have a warranty for the engine and gear box, it's just an extra and I still have rights! Which has made me feel a little better! Now all I have to do is write a letter to them and wait for a reply. I do love a good complaint! Haha! Thank you for your help

[Kirsty Maria]

Sorry Conniff, I didn't see your reply for some reason! I'm rubbish with these forums!That is exactly what Trading Standards have said to me so I am going to write a letter this afternoon and send that to him to see if he gets back to me. I was told that if any recording are made I have to make the person I have recorded aware? I am trying to get the advert from Auto Trader to look at as I'm sure it said on it that there is a full service history, however there isn't! Thank you very much for your help, fingers crossed it goes my way and I get the car repaird or my money back!

[Conniff]

You do not have to make them aware of being recorded unless you intend to submit that recording as part of your defence in a court. Any recordings are for your own personal use but a note can be added to your defence that a recording does exist. It would then be up to the court to ask for a transcript if they think it would help.

 

Please try and get hard copies of anything that is being said.

 

If he refuses to put it right at his cost, then you should take it to a Peugeot dealer for checking and a quote to bring the car up to a

state of satisfactory quality. You can then send that to the seller and tell him that if he should refuse to repair the car, you will take

it to the main dealer and demand a refund of the cost from him.

 

Edited to add:

 

A warranty of any kind is always an 'extra' to your consumer rights. Your rights can never be taken away from you, in fact you can't even sign them away if you wanted to.

Edited October 1, 2013 by Conniff

[Prolix]

How long after you bought it did you make the seller aware there was a problem? It could have a bearing on any available remedy