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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70402
Experience:  Over 5 years in practice
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Hi my father purchased a secondhand car from a car dealer for

Customer Question

Hi my father purchased a secondhand car from a car dealer for £2500. (Inc a 3 month warranty)The car is a semi automatic. However the car keeps failing and stops abruptly. The sign on the dashboard comes as automatic gearbox failure. When this happens it is very scary as it happens without warning. We have gone back to the car dealer who sold to him and he advised us to take it to our local garage under the warranty. We did and they couldn't find a fault. Contacted the dealer again and he advised we take it back to him. We have and they have had Peugeot specialist out who thinks he knows what the problem but cannot guarantee that it is the cause and whether repair will work. Garage being totally unhelpful and taking attitude that car part could fail at any time -which I appreciate is true but you don't expect it within 3 months of purchase. Insurance company will only pay up to £500 and has basically wiped their hands of assisting. Are the garage in breach of the 1979 consumer protection act or is there anything else we can do? Dad has completely lost confidence in car
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How long ago did he buy?
How old is the car please?
Customer: replied 3 years ago.
He bought it the end of May and the car is a 2005 - 55reg
Expert:  Jo C. replied 3 years ago.
Thanks.
Clearly they are in breach. This is a car only purchased in May and although it isn't the newest, it should have lasted longer than this. It wasn't the most expensive but it was a reasonable sum and you wouldn't expect such a fundamental problem immediately.
You will struggle to reject it though. You could try. There have been cases allowing for a much longer period to reject and this fault is not minor and he complained expeditiously. However, he has had it four months and a court would take that into account.
There are really two options. The first is to repair the car and sue for the cost. If you intend that course of action then let the garage try first. The second is to take a risk and sue for the £2500. It is a small claims court sum so the court fees will be low.
The first option is safest as you would win.
The second option is really only worth considering if the repair is going to be more than £2500. Then the car would be beyond economical repair and your rights to a refund are triggered again.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for the reply you have already sent re the above problem. However I have been with my father today going through the paperwork and have noticed the second owners of the vehicle (dad is third) only had the vehicle for approx 2 years and have had to have the gearbox failure fault investigated twice to our knowledge. They only did 7k miles in the vehicle and paid out nearly £3000 in repairs. One begs the question was the vehicle fit for purpose when we purchased it. The paperwork was only available after purchase and the dealer did not make us aware of any problem
They have checked the vehicle over themselves and taking it to a main dealer tomorrow. - which our garage has already done - found no fault and the the automatic gear box failed after this
What can we now do?
Helen
Expert:  Jo C. replied 3 years ago.
It doesn't matter all that much whether it has been investigated before. The point is that it isn't fit for purpose now.

Your options remain the same. The first is to repair the car and sue for the cost. If you intend that course of action then let the garage try first. The second is to take a risk and sue for the £2500. It is a small claims court sum so the court fees will be low.

The first option is safest as you would win.

The second option is really only worth considering if the repair is going to be more than £2500. Then the car would be beyond economical repair and your rights to a refund are triggered again.