Peugeot 308 - Faulty clutch on car purchased from dealer - Gareth Jones 123

Hi Everyone,

I purchased a car from a dealer in late August. After driving the car for a few weeks I noticed the clutch was spongy. When I took the car to F1 autocentre they thought the clutch required replacing and as confirmation I took the car to an independent Peugeout dealer who confirmed the clutch required replacing.

I purchased the car from the dealer less than 30-days ago. I went to the dealer and asked them for a refund on the car as I believed it was "not fit for purpose". His stance was that he was not willing to give me a refund as "this was not how whis worked". He also told me I should have come to him first before having the car checked ( I wanted independent confirmation before approaching me).

I then started to feel slightly intimidated. He wanted to film our conversation to use it court. During filiming I just repeated that an independent dealership had found issue with the car. Rightly or wrongly I also said I would contact trading standards about the matter (which may have been unfair).

He did offer to inspect the car and half way through fix it for free. However, Peugeout stated that it may not just need a new clutch but also a new dual mass flywheel. Im unsure whether the dealer would replace the DMF even if it did need requiring. I maybe left with a half completed job.

My immediate plan is to take the car to a second indepdent Peugeot dealer for confirmation of the clutch. What should be my next steps?

Peugeot 308 - Faulty clutch on car purchased from dealer - Gareth Jones 123

The reason I requested a refund was based on the following information.

The Consumer Rights Act 2015 is now enforceable by law, giving consumers far greater recourse in the event of a problem with a purchase, when paying for a service or when signing up to a contract. The biggest news to motorists is a right to reject a car for a full refund within 30 days of purchase if it is faulty.

If a fault or problem becomes apparent within 30 days a car dealer is now obliged to provide a full refund immediately, whereas in the past they would only be required to offer a repair or replacement of a faulty component. After 30 days and up to six months after purchase, the dealer has one chance to provide a free repair before the buyer is entitled to reject the car for a refund, though in this timeframe it may not be for the full sale price."

The dealer informed me that only the gearbox and engine was covered by the fault is that correct. Is the clutch covered?

Peugeot 308 - Faulty clutch on car purchased from dealer - RobJP

A lot of information missing.

For example, the 308 has been out since 2007. so your car could be 10 years old, or 2 years old. Which (or where in between) makes a huge difference to your 'reasonable expectations' of the car, along with the mileage, price paid, etc.

However, the biggest bit I can take from this is that the selling dealer has offered to replace the clutch for free. You have refused that offer.

Now, technically you might be right, and able to reject the car. But he's made an offer which a court MIGHT interpret as 'reasonable'. Again, depending on the age, mileage, price etc.

EDIT : it even appears that his offer to replace the clutch for free was recorded on film.

You may well find yourself without a leg to stand on.

Edited by RobJP on 16/09/2017 at 15:41

Peugeot 308 - Faulty clutch on car purchased from dealer - Gareth Jones 123

The Peugeot 308 was a 2013 model with 37K miles on the odometer.

Being that I was within the 30 day purchase period I believed I was within my rights to request a refund.

Peugeot 308 - Faulty clutch on car purchased from dealer - RobJP

Basically, if you've decided you want to reject it, then reject it. Don't go messing about with ANOTHER garage, getting their estimate for fixing it, or the work that needs doing, just reject it.

Do bear in mind that any Peugeot dealer, asked to find faults and give estimates for fixing them, will be able to find thousands of pounds of problems. If, on the other hand, the car was still within warranty, I'm sure everything would be fine.

Peugeot 308 - Faulty clutch on car purchased from dealer - Gareth Jones 123

I wanted independent verification that the clutch was faulty and it was not only Peugeot but another garage which confirmed this.

Peugeot 308 - Faulty clutch on car purchased from dealer - Avant

Are you sure that there's anything wrong with it? If rthe clutch doesn't actually slip or judder, it may be normal. Prugeot gearchanges are vague and spongy, so the clutch may be similar.

French cars are not exactly precision instruments.

Peugeot 308 - Faulty clutch on car purchased from dealer - Bromptonaut

On face of it you may have a right to a refund. This tool from Citizens Advice website will give you some more information:

www.citizensadvice.org.uk/consumer/buying-or-repai.../

Cit A consumer helpline will provide further advice but note the call costs:

www.citizensadvice.org.uk/consumer/get-more-help/i.../

Which? has a template letter of rejection.

www.which.co.uk/consumer-rights/letter/letter-reje...r

If you're going to take action don't shilly shally. Dealers will take any opportunity tp procastinate or prevaricate while time limits run.

Peugeot 308 - Faulty clutch on car purchased from dealer - RobJP

I think the real question here is this : Is the car faulty or not ?

I missed this initially - it's only on reading SLO's post that I looked back at it.

The clutch is 'spongy'. Does it work, engage gears, go into neutral if the clutch is pressed down ?

If it does, then the car is not faulty. The fact that other garages have recommended work is irrelevant - if the car basically works as designed, then it does not have a fault.

Peugeot 308 - Faulty clutch on car purchased from dealer - SLO76
Not uncommon for the slave or master cylinders on these to fail which will cause issues with pedal feel and gearchange. The clutch itself may be fine. Being reasonable you should allow the dealer the opportunity to fix it. I think you'd struggle to reject it on what could be seen as a wear and tear item without allowing them the chance to repair it.

Edited by SLO76 on 17/09/2017 at 22:30

Peugeot 308 - Faulty clutch on car purchased from dealer - Gareth Jones 123

Thank you for everyone's advice.

I am not a mechanic. I am simply going on the advice of 2x independent garages one of them being an approved Peugeot dealership. Both have told me that the clutch requires replacing as a consumer I'm inclined to believe them. However, there is the possibility that they are just want to sell me a new clutch.

Peugeot 308 - Faulty clutch on car purchased from dealer - Palcouk

You have an opinion from a Dealer that the clutch is faulty, needs replacement, whether a DMF would be needed cannot be determined with any accuracy untill stripped down, or the car tested.

The supplier dealer has offered to replace the clutch, but you have rejected this. Which means you would have to go through small claims to recect the car and recover your monies, Whilst this is going on - up to 6months - you will not be able to use the car, or if you do and win then an allowance will be made for your use of the vehicle.

Personally a 4 year old car that the dealer has offered to fix, I think theres very little chance of you recovering the full cost in a rejection.

And if any one started off by waving a phone in my face whilst recording the incident, I thnk I would take the oposite view and become very obstinate.

Edited by Palcouk on 19/09/2017 at 19:13

 

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