My brand new Faulty 207...help

[Rosie1]

My brand new Faulty 207...help


Hi, was wondering if anyone could help.... got my brand new 207 last wednesday, took it back to the gargage the day after due to an awful knocking noise coming from the front of the car (this noise was there when i picked it up but stupidly, I thought it may have been some stuff they put in the boot for me clanging together )......Anyway they assured me it was the suspension and they would order me a part ASAP. Today I took it in and they have done replaced the front off side suspension. They said that this has improved the noise but not fixed the problem and they dont really know what it is! so they have now lent me a courtesy car while they look at it again... I want to know if anyone else has had this problem and what are my rights? Brand new car with a fault? surely I could ask for them to swap it? Thanks

[bettyswollocks]

Tell them thanks but no thanks you don`t want it and wait for another, don`t take no for an answer , give it the old but true, i have consumer rights.

[john_h]

sales of goods act comes into play....i bet chopper can inform you which one presicely

[toddy2]

hi,,sorry but like any car,new or used you can get a fault.
give them chance to find the fault at least,before thinking of getting all shirty over it gee's.
what will happen each time another car develops a fault?? keep handing em back?
lets not forget you have bought a mass produced car here as such faults will arise.
i'm sure the dealer will sort it.
all this aside i understand the frustration and really the garage should have noted it and sorted it before handing you the keys.

toddy

[chopper1192]

Ok, Sale of Goods act comes into play.

Cars are different from other consurmer items. You have to give them a reasonable opportunity to sort the problem. They've had one go and failed. I would put them officially on notice in writing that the car is not of merchantable quality, and if they can not rectify the fault in 2 more attempts then you wil reject the car and will require a replacement or a full refund - it's very important that you advise your finance company, as they can make this process a lot smoother if it comes to it.

It doesn't sound like an enormous fault, such as the engine exploding as you drove it out the showroom, so I don't thing you have a legal argument for rejecting the car immediately.

Unrelated to your consumer rights, I would be demanding of the dealer principal to know why this wasn't noted on PDI? When it's all sorted I would try and squeeze the next service for free or something out of them as recompense for their ineptitude and the time they wasted.

[bettyswollocks]

Me i would be shirty , new car no faults no compromise , could be the start of a long running problem.

[chopper1192]

Problem is though Swollocks, you have to be seen to be 'reasonable' in consumer law. While it's quite obscure at the moment, the fault is unlikely to be anything Earth shattering, so they have to have a reasonable opportunity to sort it, and more importantly the dealer will know that. Just attempting to reject the vehicle out of hand at this point is unreasonable, and serves onl;y to make life difficult when getting the problem solved - the dealerships legal department will just laugh, and there'll be a stalemate, which gets nothing done for anyone.

Our hero needs to set out the ground rules, and be firm - 2 more opportunities, then it's curtains, and legally that will stick very nicely. I'm hoping it's on finance, cos they can then just phone the finance company and reject the car if/when the time comes, which is easy. The finance firms hold immense power over the dealers, as without them probably 90% of folk could never buy a new car - if our chap cc's the finance company into the correspondence putting the dealer on notice of 2 more attempts, then the finance company will lean VERY hard on the dealer, and the dealer will squirm.

In an ideal world they'd just be able to bin the car, but much of this consumer law is based on case-law, so it is known exactly what will or won't stand up in court.

[Rosie1]

Thanks for all your advice people, I probably didnt make it clear in my last post but this is the dealers 3rd attempt at rectifying the problem. Today they still dont know what the problem is and are still looking at it or whatever it may be. I have notified the finance company and they have told me to ask for a replacement. I have done this today as advised and now have to wait for the big manager to contact me. Yesterday when I went in I think they played on the lone young female in distress act and talked me round saying all sorts of stuff which i cant remember!.... I just feel its not fair paying for a car that I ordered and soooo wanted but turns out to have some sort of fault. Please dont think Im trying to get out of having the car/finance.... My first car was a peugeot and had that 7 years from new without a problem.

[chopper1192]

OK, they've had 3 attempts. Time to get to the point with them - notify the dealer, and your finance firm, that you believe the car is not of merchantable quality, and is unfit for purpose. Put them on notice that you itend to rejct the car in 7 days time, unless they address the problem once and for all. Stand your ground, but if they've had 3 goes already then it's time that they either undertake to fix it by a certain date, or else refund you/replace the car.

Be sure to use the wording I suggested, and do it today (or 1st thing tomorrow) and hand deliver the letter to the dealer, and phone your finance firm (and note the name of the person you inform and the date/time of the call).

Things should then hopefully get moving. Keep us updated.