A friend of mine bought a Peugeot 405 turbo diesel from a small car dealer almost 3 months ago. Having owned one before, he knew what performance to expect and had an independent investigation into what he thought was an underactive turbo. The turbo was fine but before any more work was done to find the cause of the sluggish performance, the engine broke a con-rod. With 2 weeks guarantee remaining, the dealer reluctantly agreed to put things right.
He fitted an engine which he claims came with a guarantee and has done less than 100K miles. Despite my friend’s persistence he refuses to put anything in writing about the engine change or give any warranty for the work done. The car will be ready for collection tomorrow with 6 days warranty remaining.
The RAC legal team told my friend the dealer is acting within his rights.
Can anyone offer some advice?
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The answer from RAc sounds about right. I would sell the car once the engine is fitted. Something else will probably go wrong.
306 2.0 SE Cabriolet
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I think the RAC are right. The dealer is honouring the original warranty offered with the car. Your friend is not paying for the new engine, hence it comes with no implied warranty of its own only that of the warranty for the car in total.
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Hold on, if I read your note correctly, the garage has put a replacement engine in that has done less than 100k miles ? Big fat hairy deal !! Thats a well used engine.
What was the mileage when he bought the car ? I'd want an engine with no more miles than that. And I'd want to drive the engine to see that it wasn't smoking or leaking.
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If this is a case of replacing a used engine with another even older engine - I think this is a grey area which might need case law to clear up. It is in some senses akin to the definition of a "new car" which can be an old car standing idle, rusting away, still unused and stored somewhere before 1st registration.
PS. on another thread Mark invited people to "Discuss/object as much as you want, the policy will not be changing" - I thought this was a "hostage to fortune" comment, and was just about to post when it all disappeared into thin air!
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In terms of general principles, as long as the replacement engine is as good as you would expect the one being replaced to be given its own age and mileage.
It would have to drive properly, though not possibly exactly as new. There should be no misfires, smoke or oil consumption beyond manufacturer's specifications. It should be capable of passing the MoT emissions test.
Whether or not the dealer puts anything in writing is largely irrelevant. He still has to put the buyer in the position he would have been had he met the terms of the contract with regard to quality. There is no need for a further warranty on the engine as such - the contract that gives your friend rights is the original one to buy the car. Obviously the dealer can't profit from the delay in fitting the replacement engine though, so if the engine fitted turns out to be a dog straight away he hasn't got away with it because he's 'out of time'
Also, you didn't say when the car was sold but it's worth mentioning that the EU Consumer Contracts regulations put the onus on the dealer to show that any defects arising within SIX months of sale were not present at the time of purchase. These only came into effect on 31 March though, so probably slightly too late for your friend.
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Stick it through an mot when get it back. will cost about 20 if find cheap place. well worth the money. will find out emissions etc etc
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The latest is this:
The garage have replaced the engine, it sound OK and runs OK, but the car won't go past 85mph. Although the rev counter has an indicated red line of 5,000rpm, the engine governor is set to 4,500rpm. I don't know enough to be sure, but I'm wondering if there is a van-version of this engine, with a different cam and lower red line?
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