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Any recourse from dealer after warranty

swanny - 31/10/16 at 09:43 AM

hello all,

i bought a 58 plate volvo v70 diesel in april as a tow car. Nice history, 90k on the clock and bought it from a main dealer (mitsu not volvo)

it came with a 3 months warranty which has now expired of course and on the way back from holiday this week it had a catastrophic failure. Water system full of oil. header tank, rad, hoses etc. header tank eventually vented the hot oil/water mix all of engine bay and road.

bloody annoying as i've sold my jag and my mgzt260 to buy something boring and reliable and then this happens!

Does anyone have any experience of garages making any sort of goodwill gesture in this sort of case? or am i just a bit stuffed?

regards

Paul

loggyboy - 31/10/16 at 09:59 AM

How long since warranty expired?

swanny - 31/10/16 at 10:03 AM

three months :-(

nick205 - 31/10/16 at 10:09 AM

I'd say the garage will not entertain any goodwill at this point. It sounds an unpleasant failure though!

ETA...Thinking further, could it be a head gasket failure allowing oil and coolant to mix?

[Edited on 31/10/16 by nick205]

motorcycle_mayhem - 31/10/16 at 10:16 AM

There's a recent thread on here about cam chain tensioners, BMWs and BMW helping beyond 3 months of expired warranty.
Reading this may hone your expectations.

loggyboy - 31/10/16 at 10:18 AM

http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_legalrights.html

The Consumer Rights Act
The Consumer Rights Act came into force on 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn't apply to private sales) as well as servicing, repairs and maintenance work.

Between 30 days and 6 months
If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.

swanny - 31/10/16 at 10:26 AM

quote:
Originally posted by loggyboy

Between 30 days and 6 months
If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.

thats very interesting thanks. I'll get in touch with them

paul

r1_pete - 31/10/16 at 10:53 AM

Regarding the fault, does the car have an oil to water cooler?

The Porsche 944 and others do, and the failure of a Ł2 O ring causes that very problem....

Replacing the seals is quite easy, cleaning the cooling system out is very messy if not that difficult.

Slimy38 - 31/10/16 at 10:53 AM

I've seen lots of garages trying to get away with not giving the full warranty. The only way they can get out of it is selling it as a 'trade' vehicle, in which case it's not a sale to an individual. In every other situation a dealer has to comply with the new 'Consumer Rights Act' which came into force 1st October 2015.

I wouldn't be surprised if they try and wriggle out of it. Just make sure they are aware it replaced the sales of goods act, and if they're not aware then they need to look it up and then comply with it.

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

swanny - 31/10/16 at 10:57 AM

quote:
Originally posted by Slimy38
I've seen lots of garages trying to get away with not giving the full warranty. The only way they can get out of it is selling it as a 'trade' vehicle, in which case it's not a sale to an individual. In every other situation a dealer has to comply with the new 'Consumer Rights Act' which came into force 1st October 2015.

I wouldn't be surprised if they try and wriggle out of it. Just make sure they are aware it replaced the sales of goods act, and if they're not aware then they need to look it up and then comply with it.

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

this is the first time i've ever bought a car from an actual main dealer, rather than either private or back street arthur daley types. so fingers crossed.

swanny - 31/10/16 at 11:00 AM

quote:
Originally posted by r1_pete
Regarding the fault, does the car have an oil to water cooler?

The Porsche 944 and others do, and the failure of a Ł2 O ring causes that very problem....

Replacing the seals is quite easy, cleaning the cooling system out is very messy if not that difficult.

yes i believe it does, this came up as a possible issue following a search of the various volvo forums too.

marc_cowley - 31/10/16 at 05:28 PM

Talk to a volvo dealer, there was a headgasket recall a few years ago and you may surprised at how helpful volvo will be, this is as long as the car has a full service history, if no history then they probably wont be that helpful.

ian locostzx9rc2 - 31/10/16 at 06:45 PM

I think now with the sale of goods act all dealers are liable for 6 months a car dealer friend of mine always puts min 6 months warranty on all his cars he sells because he's been court out a couple of times .

swanny - 2/11/16 at 05:01 PM

Quick update on this. Been in touch with dealer who are coming to collect car to evaluate themselves.
Local garage could get me up and running by the end of the week but they and the dealer are concerned about the state of water hoses, seals etc exposed to hot oil. Possible to run fine for a few weeks only to start blowing hoses. Will wait and see what dealer says. Thanks again for advice guys

prawnabie - 2/11/16 at 05:26 PM

If you read the sales of goods act you technically can demand the dealer fixes the car up to 6 years after you bought it if you push them - as above its for them to prove the fault wasn't there when you bought it - difficult to do if it is a common problem.

Make sure you don't make an attempt to fix it though as that as be seen as you accepting the goods as is.

swanny - 7/11/16 at 06:17 PM

Hello second update:

Dealer are repairing, so far they have replaced expansion tank, radiator top hose, oil cooler, 2 o rings and have a new thermostat on order due to be fitted tomorrow.

Should I be concerned about longer term reliability? Local garage were worried at damage to cooling system due to hot oil, or will it be ok?

Paul

swanny - 10/11/16 at 01:38 PM

car due to be delivered back to me on monday all fixed. have checked with local Volvo dealers and they are happy that repairs carried out are exactly what they would have done. dealer done good. ( JT Hughes in Telford)
It has cost me a few hundred quid at the local garage, but that is a pretty cheap bill. had i been paying for all of it it would have been in excess of a grand.

thanks to everyone who responded on here and especially loggyboy for linking me to the act.

locostbuilders donation duly made!

paul