Advice before court proceedings

JTLodge

New Member
Jun 23, 2014
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Used Peugeot 206, 2004, 68,000 miles, £2050

Within 20-miles of collecting the vehicle the car displayed an oil pressure fault. When idle the oil warning light and ‘stop’ warning light appear and warning beep is sounded. Upon accelerating these warning indicators cease. I immediately reported the problem to the dealer by telephone and was assured that the car was fine to continue driving. It was mutually agreed that I would return the car for a repair.

The repair was also not of a satisfactory quality in the sense that the problem returned within 1-month. On subsequent occasions I have ceased using the car until I was able to return the vehicle for a repair at significant cost, inconvenience and stress to myself. As of this date the dealer has had three individual opportunities to repair the fault, most recently on Saturday the 10th of May, and on each occasion has failed to do so to a satisfactory standard and has also failed to provide me with a diagnosis of the problem.

On the third and last repair attempt I had emailed to request that the repairs be carried out at an alternative garage, given that dealer is located 25-miles from my home address. I was advised that under Trading Standards they are under no obligation for repairs to be carried out elsewhere. Therefore, I confirmed by email that I would again bring the car to them at the time and date they had specified, to which I received a response that made no reference to the need to telephone in advance and confirm. The following Saturday, after driving 25-miles to get there, I was informed that because I had not phoned to confirm I was bringing the car in, the earliest they could look at it would be Wednesday, three working days later. Rather embarrassingly, after I burst in to tears they agreed to take it. I had explained in my email correspondence that I would leave the car with them and hope to have it back on Monday, expecting them to finally take the time to fix the problem. However, the owner told me firmly they would be done in an hour, then before handing my keys back he presented me with a document stating that they had one more chance to repair the problem because I had not given them sufficient time to source the best parts. It is worth noting that on the first repair, the same work was carried out with parts from a main dealer and the problem still returned within a few weeks. Throughout our exchanges the owner has been very intimidating, even accusing me of being aggressive (I am five foot and weight 7 ½ stone!).

On the fourth occasion I contacted the dealer be email informing them that the problem had returned and once again reiterated my request to have the work carried out by an alternative garage or requested a partial refund. I was told by return email that the directors were on holiday and no action could be taken during that time. Meanwhile, having telephoned the dealer and been told that a replacement vehicle while waiting was not possible I was yet again using public transport or borrowing/hiring cars to travel the 60-mile round trip to work. During this time, the car was checked by an independent mechanic. Without the oil warning light even presenting itself the oil pressure was half what it should be, which over time will seriously jeopardise the integrity of the engine. The mechanic also noted that my oil tank had been overfilled and suggested that this may have been done as a means if temporarily increasing the oil pressure.

By this point, I had contacted Citizens Advice to understand my rights. I duly wrote to Pymans by recorded delivery, outlining the situation and stating that I would like a partial refund. Having received no response by my specified date I sent a second letter by recorded delivery, advising that I would start court proceedings if no response was received. Four days after the final deadline had passed the owner contacted me by email to say that they had the parts ready for a repair. He did not acknowledge or make any reference to my letters. I proceeded to send a letter by recorded delivery and a second copy by email, reiterating that I would like a partial refund and if I did not receive a response I would continue with court proceedings. I received a brief response from the owner via email, simply quoting Trading Standards and their right to three chances at repairing the vehicle, which ended with the line “If you are not giving us three chances to repair the car then I am calling this matter closed!”.

Due to the document they had me sign, am I legally bound to offer them a fourth chance to repair the car? Frankly, after the intimidating way in which I was treated on my previous visit I would not be willing the take the vehicle there myself. Furthermore, from the time when I was advised that the directors were on holiday (16th of May) I did not receive any response until the 19th of June. During this time a further two letters were sent by recorded delivery with a final response deadline of June 13th, which the owner has still not acknowledged receipt of. Given this treatment it is understandable that I do not have confidence in the quality of the work to be carried out, especially since the owner claims to have the parts ready to repair the car and still ignores my request to know the cause of the problem.

When the deadline passed I purchased a cheap replacement car and intended to take the matter to court, however for financial reasons I am not able to do so immediately. Moreover, on the three occasions the car has been back for repair I have not received any documentation for the work carried out. I am very concerned that if the dealer were to claim that no such work was carried out I would have no proof to the contrary, except for a few vague references in my email correspondence. Finally, given their failure to acknowledge all previous correspondence, I am concerned that they would not pay up should the courts decide in my favour. I think I already know the answer, but ultimately I would like to know if there are any suggestions for how to proceed without the expense and uncertainty of a court case? And if a court claim is the only option is it necessary for me to have a full inspection of the car carried out at even more expense?

SOMEONE PLEASE HELP!