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    • I'm trying to work this out as I go along. The first thing to do is to think about this not as a car – but simply as a £value. This is especially so as you have said that it is not a rare BMW. This means that you could purchase another one and it would mean just the same to you. You bought the car for £16,000 – and presumably that was the value you gave to the insurance when you bought the policy – is that correct? If that is the value you gave to the insurer then on my understanding of these things, that is the maximum you would be entitled to claim. This is the amount you got so although you lost the car (£16,000), it was fully replaced by the payment of £16,000 – minus, of course, the excess – but that was part of the deal anyway. I've looked at the RAC website for the meaning of the various categories - https://www.rac.co.uk/drive/advice/buying-and-selling-guides/changes-to-insurance-write-off-categories/   I see that a Cat S means that there could be structural damage. Cat B means that the car must be broken for parts. You say you would like to get the car back because you consider that it can be repaired. Personally I think I would be very worried about this because if there has been one inspection which is rated it as a breaker and the second one rates it as having possible structural damage – but repairable – it seems to me that there is a huge risk involved. Supposing you got the car back and proceeded to repair it but in fact found that there was some structural distortion so that the geometry of the car made it difficult to drive. You would then have a real lemon on your hands – and of course you would have allowed a fair amount of money and trouble into getting it going. Apart from the fact that Hastings behaviour is all rather suspicious – I'm struggling to see what loss you have taken on this. You would have had to pay the excess anyway – in any event. You have now received £16,000 payment so you are in a zero-loss situation and you could simply go out and hunt around for another car for the same money. The only thing that I could see which could complicate matters is if you come back and tell us that in fact the car was a huge bargain and that it would cost you more than £16,000 to replace it. But in that case I would have to ask why did you only insure it for £16,000? The second complicating factor might be that in the four months that you had it, he spent a lot of money on improvements and you have managed to recover that. Maybe you could let us have your comments on this and also let me know if there is anything which I've misunderstood  
    • Well today is the 20th so let us know if you have had a disclosure by the end of the day.   Of course you can bring a claim for breach of statutory duty – but in order for it to be a small claim you would have to claim an amount in financial compensation. Luckily under the data protection laws you can claim for distress without having to prove any physical damage or economic loss. I happen to know that you have some experience of bringing a successful data protection claim in the past - which was settled quite advantageously out-of-court. If you want to bring a small claim then I would suggest that you would have to alleged the distress and claim for, say, £50 – but it is a bit early to do this. You certainly would have to send them a letter of claim and give them 14 days.
    • What is the name of the car dealership please – I think you have already been asked this. Also, didn't you record the call? You've been here since 2006 and our customer services guide has been around since almost that time. It is always going to be very difficult to get hold of a recording of a conversation which Incriminates the company that you are trying to retrieve it from.
    • Hi.   While we're waiting for the experts, can I ask a couple of questions please?   Can you tell us which documents you've returned to the police? I assume you've admitted to being the driver.   Are you saying you were never asked to produce your licence and insurance at a police station? I don't know if it's still called an HORT/1 but that's what I was given when I needed to show documentation.   I've put some numbering into your first post for the various points you've raised.   HB
    • 😮  £ 3551!!!!  she  needed loan for a headstone for her daughter and      a   car as hers  has had it
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*MSB*

Dobies in West Cumbria/ Used car broke just outside warranty **WON**

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My dad bought a used Peugeot 3008 from a main dealer. It had low mileage. He paid just under £7000 for it. The car came with a 3 month warranty.

 

My dad has done around 600 miles in the car since he bought it. The warranty had expired only 2 weeks earlier.

 

He took a friend to hospital which was a 200 mile round trip. On the way there the car suddenly lost all power and went into limp mode. AA came and said something was wrong with the injectors and he couldn't fix it. AA had to tow my dads car home.

 

My Dad took the car back to the dealer. They said some of the injectors had burned out and they replaced all 4 of them. My dad was without his car for a week and when he collected it they charged him £360.

 

Is this right ?? I know the warranty had only just expired, but having spent £7000 why should he be expected to then have to fork out £360 for a major fault. I don't think I'm being unreasonable, I would understand if the warranty had expired by several months.

 

I'm trying to find out if my Dad has any grounds to recover the £360 from the dealer.

 

Any advice greatly appreciated.

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What date did he buy the car and how old is the vehicle and what mileage did it have ?


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Yes, please answer the questions above. To receive help on this forum you have to engage with this thread.

 

The warranty has nothing to do with it. It's all about the consumer rights act 2015 or if you had bought your car earlier than 2015 then it would be the sale of goods act. Either way, you are covered by statute. You are entitled to have a vehicle of satisfactory quality and which stays that way for a reasonable period of time. It doesn't matter that it's a second-hand vehicle.

 

Answer the questions and then you will be advised is how to go about recovering your money – plus interest


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Cheers all... just got the details off him.

 

The car was bought on 2nd June 2018.

 

Mileage was 50950 when bought. Mileage was 51858 when it broke. (so 908 miles done since purchased)

 

The care is a 2012 year on a 61 plate.

 

Thanks again.

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The warranty is irrelevant. In fact in my view, warranties are often claimed for items – especially second-hand items in order to con innocent customers into believing that once the warranty period has expired, they have no more rights and they have to pay for any further repairs. This is not true.

 

You can claim the money back. Not only that, I would suggest that you kill all the birds with a single stone and get the car thoroughly checked out for any other faults which might have been present at the time of the sale or might have developed since then. If you find further faults then get to estimates for the repairs and add those to the bill.

 

You haven't told us who the garage is. Please do.

 

You should write them a letter – sent recorded delivery putting them on notice that you now understand that in fact you are protected by the consumer rights act and that you are entitled to have the repairs carried out as part of their statutory obligations. Because of this you want immediate refund and if they will not give you the refund within 14 days then they should be aware that you will begin a small claim in the County Court and without any further notice. Only make the thread if you're prepared to go ahead with it. Don't bluff.

 

If you are forced to take this action then you will find it quite easy and cheap and risk-free. It will also be extremely interesting. As your father's the contracting party, all of the papers will have to be issued in his name and if it goes for a hearing then he will have to be there. However it is extremely easy. You should think about making a familiarisation visit.. However, hopefully won't get that far.

 

If you do have to bring a court action then on the basis of what you tell us your chances of success are better than 95%.

 

Get going – don't hang around.


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Thanks for the replies. The Dealer was Dobies in West Cumbria.

 

My Dad is going to have his car checked out and then we will write to the dealer.

 

I'll update the thread when we have any progress.

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update


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Just wanted to post a final update on this thread. On Monday 1st July my dad had his day in court.  He was pretty nervous as it was his first time dealing with something like this.

 

The defendants brought an extra person with them that they did not notify the Courts about, so the judge was not pleased about that and made it known.  Also at times the defendants kept interrupting my Dad while he was giving his evidence and the judge shut them down for doing so.

 

The defendants argument was solely based on the car being out of warranty and the fault could have happened to anyone at any time.

 

In the judges summing up to the defendants he said that it didn't matter whether the car was in warranty or just out of warranty, the Consumer Rights Act supersedes all of that and the car was clearly not fit for purpose.

 

My dad was awarded his money back plus court costs so he is very happy.

 

Thank you for everyone's advice.

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Great result MSB and many thanks for concluding your thread.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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