Any redress for turbo failure, 4 year old car, low miles?
Any redress for turbo failure, 4 year old car, low miles?
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clockworks

Original Poster:

7,673 posts

174 months

Wednesday 10th February 2021
quotequote all
I have a problem with a 4 year old car that has done 27k miles. Obviously the manufacturer's warranty has run out. It does have full main dealer service history.

I took the car to a local independent (German car specialist), who diagnosed a failed turbo actuator. He suggested that I take it to the main dealer, to see if they could get a goodwill contribution from the manufacturer. He was very clear that "it shouldn't fail at that age and mileage". He says there is only one spare part made for this turbo, and that isn't the part that has failed. The only solution is a complete unit.

I have just had a phone call from the dealer, who charged me £85 for a diagnosis. They confirm that the turbo has failed, and have quoted £2400 for the repair. Apparently the manufacturer (part of a large German group, but not German) has declined to contribute to the repair, saying simply that the 3 year warranty has run out, so not their problem.

I'm fairly sure that the independent garage is correct, and the failure is premature, so either an inherent fault, or "not fit for purpose" (less than 6 years old).

Is it worth me pursuing this?


ncjones

311 posts

244 months

Wednesday 10th February 2021
quotequote all
I'd definitely escalate it firmly and gradually up to a solicitor letter if necessary, whether I'd then take it to court if no joy at that point would depend on the difference between main dealer quote and the independent one for the repair.

From what's described, you should have a good chance of demonstrating it's not lasted a reasonable period of time / use.

We eventually got a 60% contribution from BMW for a broken turbo on a 6 year old 60k mile car, where we were the second owner.

Edited by ncjones on Wednesday 10th February 15:16

Canon_Fodder

1,775 posts

92 months

Wednesday 10th February 2021
quotequote all
Have you owned it from new OP?

And if so has it been serviced at the same dealers where you bought it?

Edited by Canon_Fodder on Wednesday 10th February 15:25

Gnevans

570 posts

151 months

Wednesday 10th February 2021
quotequote all
Search Honest John Daily Telegraph on this. There is some case law that suggests three years is not the limit of manufacturer liability.

PrinceRupert

11,631 posts

114 months

Wednesday 10th February 2021
quotequote all
clockworks said:
I have a problem with a 4 year old car that has done 27k miles. Obviously the manufacturer's warranty has run out. It does have full main dealer service history.

I took the car to a local independent (German car specialist), who diagnosed a failed turbo actuator. He suggested that I take it to the main dealer, to see if they could get a goodwill contribution from the manufacturer. He was very clear that "it shouldn't fail at that age and mileage". He says there is only one spare part made for this turbo, and that isn't the part that has failed. The only solution is a complete unit.

I have just had a phone call from the dealer, who charged me £85 for a diagnosis. They confirm that the turbo has failed, and have quoted £2400 for the repair. Apparently the manufacturer (part of a large German group, but not German) has declined to contribute to the repair, saying simply that the 3 year warranty has run out, so not their problem.

I'm fairly sure that the independent garage is correct, and the failure is premature, so either an inherent fault, or "not fit for purpose" (less than 6 years old).

Is it worth me pursuing this?
Did you buy it brand new? If so, you may have a case - a warranty does not override your statutory rights. If you didn't, it is more difficult - afaik any claim you may have would be against the person you bought it from (unless there is some legislation somewhere that places liability on a manufacturer which I am not aware of).

Canon_Fodder

1,775 posts

92 months

Wednesday 10th February 2021
quotequote all
ncjones said:
We eventually got a 60% contribution from BMW for a broken turbo on a 6 year old 60k mile car, where we were the second owner.
I'm interested in this. Did BMW actually give you the money, or rather did you end up paying the dealership 40% of what they'd originally wanted?



davek_964

11,253 posts

204 months

Wednesday 10th February 2021
quotequote all
Is it the kind of part that could fail early due to abuse? In the old days, turbos would suffer if you thrashed the car then shut it down and cut the oil feed to the turbos (although I'd hope modern cars have solved that).

I guess they wouldn't like being thrashed from cold either.

(I'm not suggesting you have done this - simply that it might be an argument for premature failure if you pursued it)

clockworks

Original Poster:

7,673 posts

174 months

Wednesday 10th February 2021
quotequote all
I've just spoken to the independent, who was quite surprised that the manufacturer just flatly refused.
I asked him for a "worst case" price, and he said £1800 all in using a top quality aftermarket unit, a few hundred more for a genuine part from the car maker.
He also said that he would dismantle the external parts and see if anything can be done before ordering a complete unit, as it may be possible to repair it. The drive motor is working, and the turbo itself is fine, as the car drives perfectly until I give it some welly, then the EPC light comes on, and it goes into limp mode.
The problem seems to be between the actuator and the variable vane mechanism - it's not operating smoothly.


Presumably I only have a chance of getting a goodwill contribution if I let the main dealer do the work, and then try a strongly-worded letter afterwards? That way, I'd pay £2400 up front, plus maybe the cost of a solicitor, and have the possibility of getting half my money back (£1200).

Or, I just get the indy to do the work, and forget about a goodwill payment, but save £600.


mgv8

1,657 posts

300 months

Wednesday 10th February 2021
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If you end up getting the hole part have a look at https://www.turbotechnics.com/ My BMW turbo failed and there service was very good plus part came wiht 2 year cover.

ncjones

311 posts

244 months

Wednesday 10th February 2021
quotequote all
Canon_Fodder said:
ncjones said:
We eventually got a 60% contribution from BMW for a broken turbo on a 6 year old 60k mile car, where we were the second owner.
I'm interested in this. Did BMW actually give you the money, or rather did you end up paying the dealership 40% of what they'd originally wanted?

The latter. Cost to ended up as £1k less overall than a quote from a independent. The age and being the second owner (albeit bought approved used from a BMW dealer at 1 year old) counted against us, but the full BMW service history seemed to help.

clockworks

Original Poster:

7,673 posts

174 months

Wednesday 10th February 2021
quotequote all
I'm the second owner. I bought it from a local and highly-regarded independent garage, who knew I was looking for this particular model. I've owned it for almost 2 years, and it has been serviced twice by my local main dealer.

Although it's basically a Golf R underneath, it's a big estate car, not the kind of car that gets thrashed.

SiH

1,858 posts

276 months

Wednesday 10th February 2021
quotequote all
Is this a common failure mode on these cars? If it's the sort of thing that goes 'bang' on a regular basis then that may strenghten your case. Worth doing some digging to see if this is common and also if there is any sort of Technical Services Bulletin on the problem, which again, may strengthen your case.

Canon_Fodder

1,775 posts

92 months

Wednesday 10th February 2021
quotequote all
ncjones said:
The latter.
Thanks. So (perhaps) the dealership got some money from BMW but it was obliged to share the cost with you anyway IMV. Yours sounds a fair split under the circs.

I'm always conscious of the fact that one's contract in these matters is with the retailer, not the manufacturer.

The OP here needs to focus on the dealer he bought it from I think (IANAL). What the manufacturer says or doesn't say is probably not relevant and is often used by dealers as a smoke screen to cover what may actually be their own liability


Edited by Canon_Fodder on Wednesday 10th February 15:44

PrinceRupert

11,631 posts

114 months

Wednesday 10th February 2021
quotequote all
ncjones said:
I'd definitely escalate it firmly and gradually up to a solicitor letter if necessary, whether I'd then take it to court if no joy at that point would depend on the difference between main dealer quote and the independent one for the repair.

From what's described, you should have a good chance of demonstrating it's not lasted a reasonable period of time / use.

We eventually got a 60% contribution from BMW for a broken turbo on a 6 year old 60k mile car, where we were the second owner.

Edited by ncjones on Wednesday 10th February 15:16
Who are you proposing suing? The manufacturer? Under what - tort? You have no contract with the manufacturer.

clockworks

Original Poster:

7,673 posts

174 months

Wednesday 10th February 2021
quotequote all
SiH said:
Is this a common failure mode on these cars? If it's the sort of thing that goes 'bang' on a regular basis then that may strenghten your case. Worth doing some digging to see if this is common and also if there is any sort of Technical Services Bulletin on the problem, which again, may strengthen your case.
I did some googling a few days ago, and there are certainly instances of this unit playing up with bad linkages, etc.

There's quite a long post in General Gassing about one failing, but that was after a remap. My car is standard.

Pegscratch

1,872 posts

137 months

Wednesday 10th February 2021
quotequote all
clockworks said:
I'm the second owner. I bought it from a local and highly-regarded independent garage, who knew I was looking for this particular model.
Your chances just reached rock bottom. Indy up.

Camelot1971

2,848 posts

195 months

Wednesday 10th February 2021
quotequote all
Consumer rights and warranty are completely separate. Your consumer rights are against the seller, so you will need to discuss with them if the manufacturer won't consider a gesture of good will.

Canon_Fodder

1,775 posts

92 months

Wednesday 10th February 2021
quotequote all
clockworks said:
I'm the second owner. I bought it from a local and highly-regarded independent garage,.
hmmmm... neither of those two things are helpful.

I suggest approaching the previously highly regarded flip-shop, presenting them with the diagnosis from the main dealer and suggesting they pay 1/2. They are unlikely to agree and so the small claims court beckons if you've got the stomach for that.


Pegscratch

1,872 posts

137 months

Wednesday 10th February 2021
quotequote all
"Hi, I bought a performance car coming up on two years ago now, and I declined the offer to extend the warranty. Any chance you could fix the car anyway?"

The seller is under very little obligation this far in.

davek_964

11,253 posts

204 months

Wednesday 10th February 2021
quotequote all
Pegscratch said:
"Hi, I bought a performance car coming up on two years ago now, and I declined the offer to extend the warranty. Any chance you could fix the car anyway?"
Er......

clockworks said:
Although it's basically a Golf R underneath, it's a big estate car, not the kind of car that gets thrashed.