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Big Motoring World/Blackhorse finance Faulty car AO68 YEK - repair under warranty? did not resolve issue - what are my options now


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Hi,

I recently bought a used vehicle from big motoring world in Wimbledon, ( I live in the Isle of Wight)

after owning the vehicle for 4 days the ad blue emission light came on followed by the engine management light.

I rang the garage I bought the car from immediately to be told by them to contact the warranty department to organise a repair which I did 

they advised me to take it to a certain garage to which they said they couldn’t fix the issue.

I then went back to the warranty and they booked me into a garage on the 15th of January which at the time was 3 weeks away. I took it upon myself to take it to my local Peugeot garage, they diagnosed it and fixed what they thought was the issue

turns out it wasn’t the issue and next thing they find is the dpf filter is disintegrating and that will cost £1800 to replace

I have rang big motoring world today to reject the vehicle as I am sick of the non stop issues and the problem not being resolved

they have refused the rejection due to me apparently accepting a repair over a refund in the way of taking it to a garage to get fixed and also because I am one day over my 30 days that consumer rights covers.

I just wanted to know if this is still the case even though the issue was reported 4 days after owning the vehicle ?

In my eyes surely I’m essentially only 4 days into my 30 days ?

Please help 

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  • dx100uk changed the title to Big Motoring World & Faulty car - Consumer rights on used car

is the car on finance?

thread title updated

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes

I really do feel like I’m having my pants pulled down,

I would understand if the fault came up now but it came up after only having the vehicle for 4 days surely my 30 days is paused from that point until the problem is fixed ? 

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who?

then its not your car it belongs to them.

the fact you are over the 30 days under your consumer rights to reject it is totally immaterial and so is any warranty.

and in a way they have had their one chance to fix it and failed. so you can now totally reject it, no wonder the adblue light came on if the dpf is broken. bet they claim the did a 103 point service before you bought it.

id be writing immediately to the finance company and the dealership rejecting it.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They did claim this yes

I have written to the dealership stating rejection to which they have told me they are refusing the rejection as I accepted a repair instead of a refund which I didn’t

I contacted them and they told me to ring the warranty to get it repaired

I have not once said I accept a repair over a refund but they are not having any of it

I also rang the finance company and they have said they are going to investigate their liability if that’s the same thing ?

I have sent the finance company all of the paperwork I have from the Peugeot garage last visit but not had any correspondence.

I just want to return the vehicle as I have a pregnant wife that needs to get to hospital once a week but we have a car that doesn’t work as the mileage on the dash is down to 50 miles it says “50 miles impossible to start”

the finance company are telling me it can take up to 56 days to come to a conclusion but what am I supposed to do in the meantime 

Sorry the finance company is black horse 

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please space your posts, this is not facebook and its unacceptable to post in one big block of text. thats 3 posts ive had to space .

they have had their chance at a repair, the repair has failed, under your consumer rights you can now reject the vehicle.

i suggest you write to blackhorse and the dealership exercising your right to reject it .

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Big Motoring World/Blackhorse finance Faulty car - repair under warranty did not resolve issue - what are my options now

I apologise

does it matter that the repair was done by someone else? 

i had the repair done at a Peugeot garage as I believed they would be the best chance of repairing the problem ? 

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the repair was carried out under the dealerships warranty scheme was it not?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No they booked me into a garage on the 15th January which I stated to them was too far away due to the low mileage left on the fault

i then took it to Peugeot off my own back for a diagnostic 

I sent big motoring world the diagnostic report to which they have reimbursed me half of the value I paid for the diagnostic 

I then took the car back to Peugeot to have it fixed after not getting any further response from big motoring world and paid for it myself

i then sent big motoring world the invoice with description of work carried out and they told me they are going to look into it 

so in a way I guess they have accepted that is good enough ? 

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Please can you tell us exactly the date on which you bought the car.
I'm interested to see that you live on the Isle of Wight and yet the car was bought some distance away. Why was this?

Please tell us about the vehicle. Make, model, mileage, price paid.

Did have an MOT? What was the date of the MOT? Which garage provided the MOT certificate?

What date did you inform the dealer of the defects? Did you do this in writing? Did you attend to reject the vehicle in writing or only on the telephone?

Please will you have a look at these questions carefully and address each one of them.

Have you contacted the finance company?

Where is the vehicle now? Is it driveable?

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I bought the car on the 3rd December 

the reason I travelled so far was because my partner and I are having another baby so we needed a car with 7 seats as I couldn’t find a car that accompanied 3 car seats next to each other and this was the cheapest one I could find 

the car is a Peugeot 5008 with 80k miles with MOT until June I’m not sure who conducted the MOT certificate 

I rang the dealer on the 7th December as soon as the ad blue light and EML came on to which they told me to ring the warranty department to organise a diagnostic and repair

i tried to reject the vehicle on the 20th December when I wasn’t getting any assistance from the warranty I was on hold for 48 minutes whilst they spoke to a manager and then got cut off 

I sent an email today to both them and the finance company stating I would like to reject the vehicle after they had told me on the phone they will not accept my request to reject due to the fact that I “accepted” a repair instead of rejection by taking the car to a garage 

the vehicle is at my home address now and is currently drivable as Peugeot cleared the fault (third time now) and both times previously the fault has reappeared 3 days later but comes back on on the mileage it was taken off at therefore when the light comes back on I will only have 50 miles until impossible to start 

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  • dx100uk changed the title to Big Motoring World/Blackhorse finance Faulty car - repair under warranty? did not resolve issue - what are my options now

Thank you.

You say that you rejected the vehicle on 20 December. Please can you post up the message that you sent them on 20 December.

You will have needed to assert your reaction within 30 days of the date of the contract. When did you actually collect the vehicle?

How do you find the vehicle? Was it advertised? Please can you post up the advertisement here.

You may need to go and get a new MOT straightaway – these letters have the answers to the above questions

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The rejection that I asked about on the 20th was via a phone call I didn’t send written request until today but I did report the issue on the 7th December after collecting at 5 pm on the 3rd December 

the vehicle was advertised on cargurus I won’t be able to get the advert anymore as it was removed as soon as I put a deposit on it 

I’m starting to feel that I have messed up now as I only formally made a reject request in writing today and this is day 32 even though it’s the same issue unresolved from day 4 :( 

everything took so much longer due to the Christmas holidays I couldn’t get it into any garages until after Christmas 

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i wouldnt be worrying about a couple of days over the xmas break, as being 'late'.

ok legally, courts, which some kind of legal 'precedence' or 'indication from' only give add a single extra day to any deadlines, you however need to p'haps take into account that the actual businesses that are the responsible parties here, might well have publicised they were closed from xx date to xx date.

thus even if you had formerly rejected the car in writing that would not have been actioned.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Okay thank you so much,

it’s just stressing me out the fact of in a few days I will have no working vehicle and my partner is due to give birth any day it’s causing her stress she really doesn’t need at the minute

they did advertise on their website they were closed Christmas Day, Boxing Day and New Year’s Day 

I have also tried contacting them so many times over the Christmas period and been unable to get through and even also requested a call back numerous times to receive nothing 

Can I send them this or am I incriminating myself ? 
 

I am still awaiting your response to all of my emails but another thing for you to consider is the fact that you tried to book me into a garage on the 15th January for a diagnostic (which I never confirmed) which would have taken me well out of my 30 days for consumer rights,
 
whether this was done intentionally I am unsure but never the less I managed to find a garage to do a repair within the 30 days and that repair failed.
 
Therefore you have had your one chance to fix the vehicle and it has failed so I am entitled to my full refund under the consumer rights act. 
 
Please respond to my emails promptly as this is a matter of urgency as stated numerous amounts of times I have an unusable vehicle with a heavily pregnant wife who NEEDS to get to hospital weekly for the safety of our unborn child! 
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You don't incriminate yourself but no don't send it yet. Please stand by for a reply later on this morning

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We are happy that you use our materials.

The problem is whether you use them in the right way and on time.

I'm afraid I still don't have much time today but we are on the verge of the weekend so frankly there is no hurry.

One of your problems here is that you are doing things on the telephone. This means that you have no record of having complained or rejected or anything.

you must do things directly in writing or if you have to do something on the telephone then confirm in writing immediately. You should be using email to all these people.

As it is, I understand that you have no record of anything in particular – no record of a rejection within the 30 days and also no record that you did not consent to some attempt to repair.

I'm afraid that even though this appeared to be the only vehicle available when you were on the Isle of Wight, you are now paying the price of buying at such long distance. It is an added complication which you didn't need.

The full liability of course is with the finance company because I understand that this is on hire purchase. However I don't see anything in this thread that suggests that you have tried to reject the vehicle or have any written exchange with the hire purchase company. Why not?

You are paying them interest – not only for the loan but also in exchange for their responsibility for the vehicle.

I'm afraid that I disagree with my site team colleague that one or two days over at Christmas time is not going to make a difference. The 30 days is a statutory provision. It's not 30 working days. It's not 30 days excluding public holidays and bank holidays. It is 30 days.

As far as I understand the rule – you have the right to reject any item which manifests defects within 30 days and insist on a full refund. You have to assert the right and you have to do it within the 30 days otherwise you lose it.

Everything I understand here suggest that you have lost the right to intermediate refund.

If a defect manifests itself within the first six months, you have to give the seller a single opportunity to repair and if they either refuse to repair or if the repair fails then you are entitled to reject the item for a full refund.

The right should be asserted with the hire purchase company because it is their liability. I don't know what a court would say. If they were pragmatic about it then they might accept the rejection to the dealer would suffice. But strictly speaking it seems to me that the six months right to reject after a declined or failed repair has to be asserted to the party with whom you have the contract and that would be the hire purchase company.

I'm afraid I will have to stop now as I have an appointment to keep but I will continue later on.

You say that the car is not working any more. Is it actually un-driveable? Where is it stored?

Also, I think it would be in your interests to get a new MOT. If the vehicle fails on its MOT then we may have a better basis for taking some rapid action.

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I understand,

I have requested the SARS from them as all their calls are recorded so I have requested this information 

if they provide me with the sars that will be evidence that I requested a rejection twice within the 30 days 

regarding the mot, Peugeot told me that all the time the emission light ad blue light is on it will fail the mot 100%.

what are my options when the car fails it’s MOT ? I understand you are very busy and I will await your reply

thanks so much for all of your help so far 

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1 hour ago, Peugeot5008 said:

what are my options when the car fails it’s MOT ?

 

1 hour ago, BankFodder said:

Also, I think it would be in your interests to get a new MOT. If the vehicle fails on its MOT then we may have a better basis for taking some rapid action.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If it fails the MOT then that would be very strong evidence that the car was unroadworthy and that it had been sold in that condition which is an offence against the Road traffic 1988 act – section 75.

We will probably be asking you to get an RAC inspection as well but let's get the MOT first of all.

Have you written to the finance company yet? Let's see a copy of what you sent them

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Also asked you questions earlier on about the drivability of the vehicle and where it was now but you haven't answered.

It makes it very difficult when we ask questions and they are addressed. If you don't want to answer them please say so but at least we know that you have noticed the question.

A forum format is very time consuming but is the best you are going to get free of charge and so it will make life easier for you and certainly for the site team here if you can pay attention to what we are asking and give the answers.
As far as the relevance of those questions – we don't know the relevance until you give us the answers.

 

In terms of your subject access request eliciting the recordings – don't hold your breath.

Don't imagine that any of these people you are dealing with including the finance company are going to be helpful.

My view of the consumer rights act is that it is frankly a failure. It sounds great have this 30 day right and then the six months right but we haven't found any car dealer so far that has been prepared to respect those rights. That means that enforcing the rights normally needs court action and that can take as long as a year if they don't put their hands up first.

Use car industry is a disreputable industry by and large. I'm sure there are some good ones but of course we only get the bad ones here. I hope you watched our little video presentation.

Also in terms of telephone calls, have you read our customer services guide? These links are plastered all over the forum and we would expect you to be curious enough to investigate them

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