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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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My husband and I purchased a six month old car from an extremely

Customer Question

My husband and I purchased a six month old car from an extremely well known car dealership. We bought a Peugeot 3008 on January 4 this year.

A few days after purchasing the car we noticed a slight whistling noise coming from the front passenger window. 8 days after buying the car it was a sunny day and my husband pulled the sun visor on the passenger side of the card down. It slightly came away in his hand and kind of hung from wires.

I phoned the dealership and spoke to the salesman we had dealt with. He said to phone their service department and book the car in. As we were going away for three weeks holiday we left it until the second week in February before making the booking. We took the car along to the showroom and in passing my husband mentioned the whistling noise. When I went back to pick up the car I was told by the service dept receptionist that the visor had. Even fixed. He then said that the mechanic had told him that the whistling noise was nothing to do with the window. It was the passenger mirror. He aid there had been some kind of impact which had affected the mirror. He said that the mechanic had "fixed it as best he could" but to fix it completely it would require a new mirror unit and this was not covered by the warranty.

After further discussion with my husband we contacted the dealership and went along to the showroom again and discussed the situation with the salesman and the sales manager. The sales manager insisted that the mirror was fixed. We pointed out that the mechanic had said he had done the best he could but to fix it properly would require a new mirror unit. The salesman went to speak to the mechanic but when I asked to speak to the mechanic myself they would not go and get him.

My understanding is that legally the car could be regarded as unroadworthy as it may be a danger either to ourselves and other road users.

The company are refusing to replace the mirror unit. They said that would have a word with the service dept manager and phone us back on Monday 24th February but so far we have heard nothing

Where do we stand legally?

Moira S
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I'm really sorry if I'm missing the point but why should this be unroadworthy? This is mirror unit alone? Is that right?

Has anybody explained what unroadworth means in law?
Customer: replied 2 years ago.
I thought that if e.g the mirror fell off because it was not fixed - only repaired as best as possible without replacing it - then driving the car would be a danger to me and to other road users. For instance I would not be able to see a cyclist coming up on that side. If I was found to be driving a car with no side. Iron I would presume that the police would be involved and they may deem it unroadworthy.
Expert:  Jo C. replied 2 years ago.
No, absolutely not.

Is this the only fault?
Customer: replied 2 years ago.
Yes it is now. This car is only 6 months old. We bought it on Jan 4 this year. Since then we have been abroad on holiday for three weeks and we have spent the last week and a half in discussion with the company. This car has always been owned by the company. Surely we have some rights as far as getting a replacement part?
Expert:  Jo C. replied 2 years ago.
Oh yes, but thats not the same thing as it being unroadworthy.

Do you remember when you first complained about this please ? Just roughly?
Customer: replied 2 years ago.

We got the car on Jan 4. We noticed the fault with the visor on Jan 9. I phoned the salesman about this on Wednesday 13th. I had tried to get hold of him on Monday 11th but his extension just rang out. I knew he did not work on a Tuesday. Because we were going on holiday I leftphoning up the service department till after we returned late on Sunday 9th February. We got an appointment to take the car in on 18th February. It was at that point that we mentioned the whistling noise. To be honest we did not think it was a big deal until we were told later that day about the wing mirror.
Expert:  Jo C. replied 2 years ago.

Thanks. If you give me 30 mins I will type out an answer.

There are things you can do about this.
Customer: replied 2 years ago.
Thanks Joe
Expert:  Jo C. replied 2 years ago.
Sorry for the delay. I did respond to this but it obviously didn't come out!

This is not an unroadworthy car. Cars have to be pretty much falling apart to be unroadworthy. Its a very high test. It might well fail an MOT on that basis but that doesn't make it unroadworthy.,

That is not to say that you don't have other options.

What this comes down to is just simply a breach of the Sale of Goods Act. You purchase a car from a dealership. The SGA applies and it should be fit for purpose.

A mirror fault is not the worst in the world but it is a fault and they have accepted that by doing work upon it which they haven't done properly.

Its simply solved. You just send them one letter asking them to put this right within 28 days. If that fails then do the work yourself and sue them for the cost here

Its a much more effective way of getting them to comply.

Hope this helps. Please let me know if you need more information.

Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Jo. I will do as you suggest. If I need to get in touch with you again how do I access you?

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile

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