Consumer rights gone mad
Consumer rights gone mad
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chris52

Original Poster:

1,560 posts

212 months

Tuesday 6th August 2019
quotequote all
I work in a used car dealership anyway I get a call from a customer today complaining about a used car he purchased from us 2 1/2 years and 40,000 miles ago (2012 Vauxhall Astra) . He says that since purchase it’s had an intermittent fault that has now failed completely and has proof that it was faulty when purchased as the fault codes stored on the ecu date back to before he purchased it. He wants us to pay a £2000 quoted bill from a main dealer for a new ECU and BCM.
Does he really have a valid case here?? This is his first contact with us since purchasing the car.
Would appreciate your views
Chris

Pericoloso

44,044 posts

192 months

Tuesday 6th August 2019
quotequote all
I'll take a stab at he's got no chance.

How does he prove the fault codes existed 2.5 years ago ?

Deep Thought

40,169 posts

226 months

Tuesday 6th August 2019
quotequote all
Sooo glad to be out of motor trading.

Roo

11,504 posts

236 months

Tuesday 6th August 2019
quotequote all
Deep Thought said:
Sooo glad to be out of motor trading.
Yep, same here.

Chris52. Tell him to do one.

Or, pass onto whoever is responsible in your dealership for dealing with such things and don't worry about it.

Alucidnation

16,810 posts

199 months

Tuesday 6th August 2019
quotequote all
Pericoloso said:
I'll take a stab at he's got no chance.

How does he prove the fault codes existed 2.5 years ago ?
Not sure about Vauxhall’s but VW will store the date, time, mileage and speed a fault occurred until it’s cleared or rectified.

Drumroll

4,521 posts

149 months

Tuesday 6th August 2019
quotequote all
Don't see it as consumer rights gone mad, it's just a chancer.

chris52

Original Poster:

1,560 posts

212 months

Wednesday 7th August 2019
quotequote all
Thanks guys I’m not worried about it. The car was actually sold on finance so the finance company will have to deal with this one.
I strongly suspect though that the customer will end up getting some sort of recompense for this which is crazy.
The reason I quoted Consumer Rights Gone mad is that Citizens Advice told the customer that he should contact us and make a claim.
It seems that ste doesn’t just happen anymore and if it does it’s someone else’s fault and they should pay.
Chris

Edited by chris52 on Wednesday 7th August 07:38

can't remember

1,170 posts

157 months

Wednesday 7th August 2019
quotequote all
Drumroll said:
Don't see it as consumer rights gone mad, it's just a chancer.
Clearly the E(C)U's fault.

Come on Boris, rescue us from this madness. laugh

55palfers

6,372 posts

193 months

Wednesday 7th August 2019
quotequote all
I expect every dealer will now be making sure all the fault codes are wiped prior to sale.

Stoofa

959 posts

197 months

Wednesday 7th August 2019
quotequote all
55palfers said:
I expect every dealer will now be making sure all the fault codes are wiped prior to sale.
I would assume that is already part of the internal check-list all dealerships go through.
With fault code readers ten a penny on Ebay, I know if I was selling cars there would be no fault codes listed when it left me.

Dave Hedgehog

16,335 posts

233 months

Wednesday 7th August 2019
quotequote all
can't remember said:
Clearly the E(C)U's fault.

Come on Boris, rescue us from this madness. laugh
your deluded if you think we wont 100% mirror all EU regulations, it makes for the path of least resistance when trading with them

also the politicians love all the crap

can't remember

1,170 posts

157 months

Wednesday 7th August 2019
quotequote all
Dave Hedgehog said:
your deluded if you think we wont 100% mirror all EU regulations, it makes for the path of least resistance when trading with them

also the politicians love all the crap
Oh dear I forgot sarcasm doesn't work on the internet. Well, not with some anyway.

InitialDave

15,108 posts

148 months

Wednesday 7th August 2019
quotequote all
can't remember said:
Oh dear I forgot sarcasm doesn't work on the internet. Well, not with some anyway.
Unfortunately, enough people actually do believe such nonsense that making any kind of mockery of it come across as such is hard work.

Poe's law, basically.

I mean, if someone on a "my out of warranty used car borked after 2.5 years" thread said "take it back to the dealer and demand they sort it", you'd take that to be deliberately hyperbolic piss-taking, wouldn't you?

Yet here we are.

S11Steve

6,389 posts

213 months

Wednesday 7th August 2019
quotequote all
chris52 said:

The reason I quoted Consumer Rights Gone mad is that Citizens Advice told the customer that he should contact us and make a claim.
Does anyone know what the employment criteria is to work at CA? I get the impression it is mainly volunteers who read from vague scripts and are more interested in other peoples business than giving out sound advice.
Any dealings I have had with them, they have always ben very flaky.

RazerSauber

2,901 posts

89 months

Wednesday 7th August 2019
quotequote all
Doesn't the CRA say that you can make a claim for up to 6 years after purchasing? If you can prove the fault existed when purchasing the car then they might well have a course to have the car repaired. Although how much they would frown upon driving the vehicle to destruction I don't know. If they've known about the fault since they purchased it, they should've brought it back under warranty instead of driving the vehicle further.

tinnitusjosh

356 posts

101 months

Wednesday 7th August 2019
quotequote all
S11Steve said:
Does anyone know what the employment criteria is to work at CA? I get the impression it is mainly volunteers who read from vague scripts and are more interested in other peoples business than giving out sound advice.
Any dealings I have had with them, they have always ben very flaky.
have worked at CAB when I was at law school. Can confirm branches are mostly staffed by well-being volunteers

hutchst

3,727 posts

125 months

Wednesday 7th August 2019
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Have I got this right? He's planning to use data from a faulty ECU to show that the ECU is faulty?

eldar

25,274 posts

225 months

Wednesday 7th August 2019
quotequote all
Alucidnation said:
Not sure about Vauxhall’s but VW will store the date, time, mileage and speed a fault occurred until it’s cleared or rectified.
Where is the date and time sourced?

andburg

8,735 posts

198 months

Wednesday 7th August 2019
quotequote all
if as inferred its been intermittent and he's not given the dealer any opportunity to actually diagnose or fix it before claiming £2000 years later I'd hope he'd be laughed out of court should he take it that far.

right or wrong in my head he's failed to give the dealer an opportunity to resolve it and it could possibly have been a cheap fix. A fault code doesn't tell you the issue it give you somewhere to look. A bad wire can could pence to fix and be intermittent. The fault code could potentially be the same as when the £200 sensor on the end of that wire fails. If that sensor is inside the engine/gearbox and requires removal then you're looking at far higher repair cost.

Even if the ECU has failed, on a 7 year old car you'd not reasonably fit a brand new from manufacturer part, their will be countless refurb/remanufacture/2nd hand parts available for far less.


mike-v2tmf

889 posts

108 months

Wednesday 7th August 2019
quotequote all
As someone who's employed in a used car dealership , I wouldn't be shocked to read he won the case and was reimbursed in full