Design fault. Reclaiming repair cost. Advice needed
Discussion
tele_lover said:
Someone I know purchased a car (very well-known make) before 2020. It's recently developed a fault.
(Prefer to withhold certain details as I don't want the dealership seeing this)
I have found another internet forum where many owners are discussing this problem. It happens very close to a particular mileage. This car developed the problem within 2,000 miles of the mileage.
The dealership charged for the repair. It was quite expensive. I'd like to request the money back as it clearly seems to be a design fault.
I am very comfortable sending strongly-worded emails suggesting litigation. However, I would prefer if I have some existing examples of similar cases, or any additional information which might help. I'd prefer to overwhelm them so they realise they have no case and just settle.
Does anyone have any suggestions/advice they can offer? This relates to England & Wales (legal).
My suggestion would be to disclose what car and what fault it is. This might be useful.(Prefer to withhold certain details as I don't want the dealership seeing this)
I have found another internet forum where many owners are discussing this problem. It happens very close to a particular mileage. This car developed the problem within 2,000 miles of the mileage.
The dealership charged for the repair. It was quite expensive. I'd like to request the money back as it clearly seems to be a design fault.
I am very comfortable sending strongly-worded emails suggesting litigation. However, I would prefer if I have some existing examples of similar cases, or any additional information which might help. I'd prefer to overwhelm them so they realise they have no case and just settle.
Does anyone have any suggestions/advice they can offer? This relates to England & Wales (legal).
tele_lover said:
Someone I know purchased a car (very well-known make) before 2020. It's recently developed a fault.
How long before 2020? 1990? Or just before 2020? Do you feel that it is (or should be) still under warranty?tele_lover said:
I'd like to request the money back as it clearly seems to be a design fault.
What has this to do with you? Cannot your "friend" fight on his own behalf?tele_lover said:
I'd prefer to overwhelm them so they realise they have no case and just settle.
Good luck with that attitude! tele_lover said:
Someone I know purchased a car...
So not you,then.tele_lover said:
I'd like to request the money back...
So it is you...tele_lover said:
...as it clearly seems to be a design fault.
Clearly? Are you a Chartered Automotive Engineer with relevant experience in this mode of failure that a Court would believe?tele_lover said:
I'd prefer to overwhelm them so they realise they have no case and just settle.
I would suggest that if it's something like BMW timing chain failures, then despite the thousands of problems/claims they weren't 'overwhelmed'. See also Ford wet belts.Occasional successes are noted, however, but not on a large scale and certainly not as a matter of routine.
Good luck!
So my friend has this thing, which has had a thing some time ago and the thing that had the thing seems similar to other people who have the same thing and their thing also had a thing.
Before I write an angry email on behalf of my friend who has a thing thats had a thing, anyone else have a thing thats had a thing?
Before I write an angry email on behalf of my friend who has a thing thats had a thing, anyone else have a thing thats had a thing?
Shall we run a book on the OP even returning to the thread with any meaningful information?
I'll have a virtual pound on never coming back.
OP - even if the dealership saw this and somehow joined the dots, if your case has legs and it *is* a design fault then they will already be ready for the complaints and unless you've got a team of lawyers and infinite time to "overwhelm" them then i can see you getting bored long before they do.
Maybe get ChatGPT to write you a phython script to send an email every <x> hours and see if that helps?
At least let us help out by knowing brand and how the fault manifests itself?? If you're talking about bushings, ball joins or suspension stuff you're cooked; the last 3 BMW's i've had (7 series, just to dominate the marque
) have all done bushes and control arms around 100k, they are heavy, hard to stop and steer and the suspension is the last bastion of support.
Now, if your car has only 5000 miles on it and the fault occured at 3000 miles you might have a case or a warranty claim but i suspect we are much higher in the milage register?
I'll have a virtual pound on never coming back.
OP - even if the dealership saw this and somehow joined the dots, if your case has legs and it *is* a design fault then they will already be ready for the complaints and unless you've got a team of lawyers and infinite time to "overwhelm" them then i can see you getting bored long before they do.
Maybe get ChatGPT to write you a phython script to send an email every <x> hours and see if that helps?
At least let us help out by knowing brand and how the fault manifests itself?? If you're talking about bushings, ball joins or suspension stuff you're cooked; the last 3 BMW's i've had (7 series, just to dominate the marque
) have all done bushes and control arms around 100k, they are heavy, hard to stop and steer and the suspension is the last bastion of support. Now, if your car has only 5000 miles on it and the fault occured at 3000 miles you might have a case or a warranty claim but i suspect we are much higher in the milage register?
Who are you hoping to get the money back from?
The dealer didn’t design the car and they didn’t take advantage of anyone, they just fixed a broken car exactly as they were asked to.
You have little/no link to the manufacturer that would open any obvious legal options.
Goodwill payments happen but very rarely after the repair has been completed and paid for.
Cars are generally so consistent and reliable nowadays that when something does fail it is often the same part that is a weak spot. This isn’t an opportunity to sue but if you would like to write a strongly worded email to the manufacturer congratulating them on building a car with that has so few faults that the occasional ones like this stand out a bit, I’m sure they will appreciate it.
The dealer didn’t design the car and they didn’t take advantage of anyone, they just fixed a broken car exactly as they were asked to.
You have little/no link to the manufacturer that would open any obvious legal options.
Goodwill payments happen but very rarely after the repair has been completed and paid for.
Cars are generally so consistent and reliable nowadays that when something does fail it is often the same part that is a weak spot. This isn’t an opportunity to sue but if you would like to write a strongly worded email to the manufacturer congratulating them on building a car with that has so few faults that the occasional ones like this stand out a bit, I’m sure they will appreciate it.
Come on people, he simply asked if there is any legal device on claiming costs due to a design fault ?
I imagine, the only claim you would have is with the manufacturer and you would be better getting the dealer onside to see if they would help negotiate something towards the costs. This seems in the past the only recourse people have had.
Consumer rights I believe does depend on the time since the car was bought, its age etc as you could claim a fault existed at the time of sale but we need much more details
when bought
age of car when bought
type of fault
The basics of the CRA 2015 seem to be in this case
Right to repair or replacement
If the car develops a fault between 30 days and 6 months, you can request a repair or replacement. The dealer has one attempt to fix the issue, or they must provide a refund.
Long-term right to a refund
After 6 months, you can still seek compensation, but you must prove the fault was present at the time of delivery.
I imagine, the only claim you would have is with the manufacturer and you would be better getting the dealer onside to see if they would help negotiate something towards the costs. This seems in the past the only recourse people have had.
Consumer rights I believe does depend on the time since the car was bought, its age etc as you could claim a fault existed at the time of sale but we need much more details
when bought
age of car when bought
type of fault
The basics of the CRA 2015 seem to be in this case
Right to repair or replacement
If the car develops a fault between 30 days and 6 months, you can request a repair or replacement. The dealer has one attempt to fix the issue, or they must provide a refund.
Long-term right to a refund
After 6 months, you can still seek compensation, but you must prove the fault was present at the time of delivery.
Gary C said:
Come on people, he simply asked if there is any legal device on claiming costs due to a design fault ?
I imagine, the only claim you would have is with the manufacturer and you would be better getting the dealer onside to see if they would help negotiate something towards the costs. This seems in the past the only recourse people have had.
Consumer rights I believe does depend on the time since the car was bought, its age etc as you could claim a fault existed at the time of sale but we need much more details
when bought
age of car when bought
type of fault
The basics of the CRA 2015 seem to be in this case
Right to repair or replacement
If the car develops a fault between 30 days and 6 months, you can request a repair or replacement. The dealer has one attempt to fix the issue, or they must provide a refund.
Long-term right to a refund
After 6 months, you can still seek compensation, but you must prove the fault was present at the time of delivery.
Don’t all those rights rely on the contractual relationship between the car owner and the business that sold it to them?I imagine, the only claim you would have is with the manufacturer and you would be better getting the dealer onside to see if they would help negotiate something towards the costs. This seems in the past the only recourse people have had.
Consumer rights I believe does depend on the time since the car was bought, its age etc as you could claim a fault existed at the time of sale but we need much more details
when bought
age of car when bought
type of fault
The basics of the CRA 2015 seem to be in this case
Right to repair or replacement
If the car develops a fault between 30 days and 6 months, you can request a repair or replacement. The dealer has one attempt to fix the issue, or they must provide a refund.
Long-term right to a refund
After 6 months, you can still seek compensation, but you must prove the fault was present at the time of delivery.
It’s not clear here if the OP’s friend purchased a new car or a used one but it was a good number of years ago so it’s going to be hard to establish that the fault was there all that time and even if they can that doesn’t seem to lead back to the manufacturer unless it was bought new by the current owner and if the dealership was owned by the manufacturer.
Art Keller said:
How can anyone expect advice without disclosing make. model.and mysterious fault..........it beggars belief
Indeed. OP thinks dealers are scanning PH for possible litigation claims so they can arm themselves
Needs to put the *actual* details here & the PH Massive might then be able to offer useful and helpful advice.
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