Legal Help with Car Problems | Legal Aid

Questioner

On 22-5 I ended up with pieces next to the highway. My car stalled while driving and gave the message that there was an engine failure. I was towed that morning by a good friend and brought to work. Below I describe in a kind of timeline what happened and was discussed from that moment on: 24-05: · Car towed to brand dealer where it is also maintained. 26-05: · Message received from dealer that the timing chain is broken, note this car has a timing chain and not a belt!; · According to Nefkens, repairing the problem means that the engine has to be dismantled and that is a time-consuming matter, the mechanic's explanation shows that this is because the chain actually never needs to be replaced; · Just replacing the belt takes 10 hours and including materials this amounts to +/- €1200.00. This assumes that there is no consequential damage because if there is the repair will be even more expensive; · During the telephone contact I asked about the possibilities regarding warranty / goodwill from Peugeot, the first answer was that 20% of the costs will fall under goodwill. I indicated that I found this completely ridiculous and requested to contact Peugeot Netherlands about this, the dealer has stated that he will do this; 27-05: · The engine has been dismantled and the chain has been replaced. The message comes that they have looked inside the engine with a camera and that the internal damage seems to be limited, a definitive result can only be given after the engine has been started; 28-05: · The engine has been reassembled and started, the sound of the engine is not good and more damage is expected internally. The goodwill arrangement has been discussed again and the dealer indicates that they will draw up a budget when they have a clear idea of ​​the cause of the sound and will discuss this with Peugeot Netherlands. 03-06: · Cause is known, the rockers are broken. Apparently this is relatively good news because the valves were spared…; · The budget has been made and discussed with Peugeot Netherlands. Total repair costs €2880.00. Peugeot and dealer want to pay €1280.00 of this together, so for me this would mean that €1600.00 will be charged to me. · I have indicated that I find this unacceptable and requested to discuss it again. The reason why I find it unacceptable is that it is written everywhere that a timing chain should last the life of a car. · 2nd conversation with Dealer after internal consultation does not result in any change, the above is the proposal and it will not get any further; · I indicated that I think it is a bad thing and that I get the feeling that Peugeot does not stand behind their product. Information about my car: Brand: PEUGEOT Type: BIPPER Year of construction: 2011 (first registration March '11) Mileage: +/-103000 Bought in the second half of 2013 at a car company in Langeveen. This is a garage that mainly sells commercial vehicles. The car has always been maintained at the Peugeot dealer, which was also a condition for me to buy such a car from a non-brand dealer. Last maintenance took place at 90,000 KM by the brand dealer, according to the specifications. At the beginning I indicated that there was a sound in the engine that I could not place, after the maintenance the message was that this was a normal sound for a 1.3 HDI engine... In retrospect I doubt the conclusion then. What is my request/question: Since I do not agree with the bill of €1600.00 that I have to pay, I would like to know what my rights and obligations are. I have read via Autoweek that a timing chain really has to last the life of a car and that, even if the warranty period of the car has expired, there is still a warranty on these kinds of things. Apparently, the law clearly describes what one must comply with. The following was described here in a Forum: “Article 17 of Book 7 of the Civil Code states that a purchased product must possess those properties that you can reasonably expect from it. When purchasing a car, you can expect that if you choose an engine with a timing chain, the chain will last approximately the life of the car. Unlike a timing belt, the maintenance booklet will probably not say anything about inspection or maintenance of the timing chain. So: a chain should last about three tons. If not, then there is a manufacturing defect. A buyer is not responsible for manufacturing defects. Peugeot will undoubtedly come up with stories like 'the warranty period has expired' or 'that can happen'. Legally speaking, this is complete nonsense (unless the car was bought for business AND the small print excludes guarantees for later faults. Assuming that the car has been used normally and given that maintenance has always taken place at the dealer, it seems reasonable for Peugeot to bear at least two-thirds of the total costs. In case of expected refusal: registered letter, contact Bovag/ANWB/Consumers' Association. In case of persistent refusal: threaten legal action (=cheaper than the cost package). Don't forget to mention the VAG/PON affair: no one knew anything about chain problems with Audis/Volkswagen, then 'that can happen', then compensation by PON. Autoweek has reported extensively on this.” Since such a forum is often not filled by professionals, I would like to know what can really be expected from the dealer or importer. But of course also what the next steps should be to come to a better proposal. The agreement is now that the car will be ready by the end of this week and that I can pick it up for a payment of €1600.00. Whether it is wise to pay, I do not really know, perhaps this makes it more difficult to claim something back. The problem is that I need the car (also for my work) and otherwise the costs could increase even more for me.

Lawyer

U / Autoweek already indicates what you can do, i.e. confront the garage with the law, the manufacturing defect, etc. If necessary, pay with the mention 'under protest' to secure your rights. Have them note that on the invoice with name and signature.