Who is responsible? (faulty parts)

Who is responsible? (faulty parts)

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Discussion

pits

Original Poster:

6,429 posts

190 months

Tuesday 16th September 2014
quotequote all
Long and short of it,
Bought a thermostat for my car

Fitted by a garage

Thermostat failed and set my car on fire, burnt out wiring loom in engine bay.

Part deemed as faulty

Research shows this isn't the first time this part has failed burning peoples wiring out

Bought online from a company that sells car parts for slightly less than others.

Receipt says I paid a distributor of European car parts.

People who were paid told me nothing to do with them, and to speak to the people who sell their items for less. (same company)

Contacted that company who told me I then need to contact eBay user XXYX, as nothing to do with them, but this companies eBay username is XXYX.

I need to pay the bill to have the car back on the road, thankfully my garage have been ok with this, but I am getting a bit pissed off with this now so I just need to know where I am sending the bill.

Is it the company I paid, or the company I "purchased" it from?



anonymous-user

54 months

Tuesday 16th September 2014
quotequote all
Who did you actually contract with? Your remedy is against that company. If you contract with X but X directs you to pay Y, your claim is still against X.

JustinP1

13,330 posts

230 months

Tuesday 16th September 2014
quotequote all
Yes - and are they in England/Wales?

What kind of losses are we talking about?

anonymous-user

54 months

Tuesday 16th September 2014
quotequote all
How can a faulty thermostat set a car on fire? The thermostat regulates the flow of coolant, and if it fails the engine may overheat, but you'd have to drive the overheating car until it practically exploded before it catches fire. You would usually notice overheating before that point.

littleredrooster

5,537 posts

196 months

Tuesday 16th September 2014
quotequote all
Is this the cabin-temperature thermostat which controls the climate control? If so, I've a very vague recollection of someone else's doing this too. Not sure how you stand with consequential loss for damage to wiring etc. BV?

anonymous-user

54 months

Tuesday 16th September 2014
quotequote all
Consequential loss is recoverable if it could reasonably be foreseen that a type of damage might follow from a breach of the obligation to supply goods of sufficient quality.

What type of thermostat is this?


pits

Original Poster:

6,429 posts

190 months

Tuesday 23rd September 2014
quotequote all
Sorry, no internet.

The company got back to me to tell me to ring a phone number which belongs to the people that got paid.

Thermostat is Circoli I think.


As for how, on an E39 540i the thermostat has a preheater which "fools" the car into thinking it is running hotter by pulling it closed to give better fuel economy on the motorway, it appears that the cheap ones have a tendency to short out, melt and get the wiring very hot.

Here is one from an E39


My one




TooMany2cvs

29,008 posts

126 months

Tuesday 23rd September 2014
quotequote all
pits said:
Long and short of it,
Bought a thermostat for my car

Fitted by a garage

Thermostat failed and set my car on fire, burnt out wiring loom in engine bay.

Part deemed as faulty

Research shows this isn't the first time this part has failed burning peoples wiring out

Bought online from a company that sells car parts for slightly less than others.

Receipt says I paid a distributor of European car parts.

People who were paid told me nothing to do with them, and to speak to the people who sell their items for less. (same company)

Contacted that company who told me I then need to contact eBay user XXYX, as nothing to do with them, but this companies eBay username is XXYX.

I need to pay the bill to have the car back on the road, thankfully my garage have been ok with this, but I am getting a bit pissed off with this now so I just need to know where I am sending the bill.

Is it the company I paid, or the company I "purchased" it from?
Your contract is with the company you purchased it from. Whether the supply was fulfilled by a different company is their problem, not yours.

Taking a wild guess <rolls eyes> about the two business you're referring to, they are definitely separate legal entities, according to their Companies House registrations, although in previous threads on here there have been relationships show up on various other credit checks.

Whether you can PROVE that the damage arises solely from the part that they sold you is another question entierly.

pits

Original Poster:

6,429 posts

190 months

Tuesday 23rd September 2014
quotequote all
The company that shows as being paid on the paypal invoice is a European specialist.
The people whose eBay account shows up on the paypal is a company who sell items for a bit less.

Make of that what you will


ETA: Report done on it by mechanic and wiring doesn't start somewhere in the middle and work itself down to a point, if you know what I mean as electrical fires just rip through a car.

Also the secondary company selling bits for less confirmed they are one and the same, the European specialist handles all their accounts and stock.

Edited by pits on Tuesday 23 September 10:23

TooMany2cvs

29,008 posts

126 months

Tuesday 23rd September 2014
quotequote all
pits said:
The company that shows as being paid on the paypal invoice is a European specialist.
The people whose eBay account shows up on the paypal is a company who sell items for a bit less.

Make of that what you will
Which business provided the actual VAT invoice you received?

LoonR1

26,988 posts

177 months

Tuesday 23rd September 2014
quotequote all
pits said:
Sorry, no internet.

The company got back to me to tell me to ring a phone number which belongs to the people that got paid.

Thermostat is Circoli I think.


As for how, on an E39 540i the thermostat has a preheater which "fools" the car into thinking it is running hotter by pulling it closed to give better fuel economy on the motorway, it appears that the cheap ones have a tendency to short out, melt and get the wiring very hot.

Here is one from an E39


My one
That little burned area is what you're saying is set the car on fire". I was expecting a real mess not an area that would scrub clean with a little bit of elbow grease.

paintman

7,673 posts

190 months

Tuesday 23rd September 2014
quotequote all
pits said:
As for how, on an E39 540i the thermostat has a preheater which "fools" the car into thinking it is running hotter by pulling it closed to give better fuel economy on the motorway, it appears that the cheap ones have a tendency to short out, melt and get the wiring very hot.
An object lesson for us all in the risks of buying cheap pattern parts. Unfortunately there's a lot of crap out there. Buying parts from the franchised dealer may well cost more, but at least you should get the latest variant of a part with hopefully the bugs ironed out. (Recently sorted a heater fan loom burning out issue on a 307, well known issue on the Pug forums, the latest genuine replacement loom section is different from that originally fitted)
OP good luck getting it sorted.



Edited by paintman on Tuesday 23 September 20:03

pits

Original Poster:

6,429 posts

190 months

Wednesday 24th September 2014
quotequote all
TooMany2cvs said:
Which business provided the actual VAT invoice you received?


Not sure if you can see that as it appears my computer wants to save the photo and turn it into a potato, the PayPal account paid was the European one so I guess it is those?


Loon, that melted the wiring loom up into the engine it took several hours to separate and trace it all back, then rewire, the plug that came off it disintegrated in my hand



TooMany2cvs

29,008 posts

126 months

Wednesday 24th September 2014
quotequote all
pits said:
TooMany2cvs said:
Which business provided the actual VAT invoice you received?


Not sure if you can see that as it appears my computer wants to save the photo and turn it into a potato, the PayPal account paid was the European one so I guess it is those?
No, the actual VAT receipt you received. Probably in the packaging with the goods, maybe in a Docs Enclosed wallet on the outside.