Car Under Warranty - Garage - Manufacturer dispute

[surreylady]

I am wondering if anyone had any other ideas as to what we can do....will try and be short

Background
Car - just under 3 years old - 6000 (genuine Mileage on the clock) still under 3 year warranty.

Fault
MPV with electric doors - car unlocked itself and fully opened the doors on two recent occassions - last week locked me and two small children INSIDE the car and did not start - unable to be jumped or battery charged - booked to garage for warranty repair - arranged towing at cost of £65 (as unable to be started).

Garage Response
Cannot find a fault on diagnostic.
Supercharged the battery and car will start
Original diagnosis - WE must have caused the fault by leaving an interior light on - refuse to believe door opening issue occurred. Accepted that as there was no interior light on when recharged this could not be the fault.
Second diagnosis - this is a spare/irregular use car - we are responsible for the fault (which they cannot diagnose) as we do not drive the car correctly - it needs to be regularly driven to function and if we do not dso this we are responsible for any failures (not told this on purchase from same dealer - who advised based on our requirement about which we were honest and took partX on 3 year old car with less mileage)

Garage insist on charging labour for the 3 hours they spent NOT diagnosing the fault and are holding the car to ransom unless we pay - Manufacturer customer support (Inappropriate name believe me) says it must support the dealer analysis that we drive the vehicle inappropriately and are therefore liable.

I understand that they have a legal right to hold the car to ransom - and that small claims is the only legal recourse - Please Please - any other ideas? The dealer although a chain does not seem to be a member of a trade association. Appreciate any thoughts

Oooh, have I been through this or what. Ended up taking our local citreon dealer to court and WON!!

Why did you have to py for towing when it is still under warrantly? Sounds ike they are talking a pile of shite and pathetic excuses.

Contact Consumer Direct www.consumerdirect.gov.uk/, they will advise you the best. If they are going to behave like this then small calims may be your only redress, but you would probably win. Car dealers are such , they'll try anything

Thanks FizzBuzz there seem to be some significant similarities - Just out of interest are you a Surreylady too? Maybe the same dealer.

Glad you won btw - good to see that you managed to beat them - as the odds are stacked against you on this one it seems - congrats!

Actually I think the odds are in your favour, the court were very sympathetic.

I'm not based in Surrey but my Citreon was a C3 and did similar stuff to yours. Ie, power steering would cut out for no reason, electric windows wouldn't shut, speedometer kept packing in. All "electrical" faults. They are known for this problem apparently

I got all that crap about the computer not reading it...still managed to charge me for it though

My advice is dig your heels in, and get ready for long haul. My car sat on the drive for 18 months whilst the battle went on. But, the victory at the end was one of the best days of my life. Shiney new car, compensation, and 2 free services. GO for it!

That sounds like they are trying to fob you off. Do not accept it- Take it too the highest level.

By the way I don't think much of those diagnostic tests we have the same problem with the lock and took it to dealers they said there was no problem. Paid £90 for the privilage.

I think they are definitely trying to fob you off as well.

Get some advice and then send them a letter by reorded post. They have legal rsponsibilites towards you and the car for up to 7 years after the date of purchase, whatever they may say.