volvo ECU dispute

[bob gibbon]

good afternoon
I'm wondering if anyone can help.
I'm currently in dispute with a volvo dealer.
On new years eve my car was towed to them by the A A. It wouldn't start, they tried various software downloads at my expense (and permission ) when all this failed I was informed that 'volvo uk' said it needed a new ecu.
I asked them to remove the old one and I sent it off to an ecu specialist that volvos' after sale manager recomended.
They received it and checked it over and sent it back saying they couldn't find anything wrong with it.
At this point I asked volvo to refit it and which they did they then informed me it still had the same fault. At this point £270 in with there advice I agreed it needed a new ecu.
The new ecu was another £960 I agreed as they said it would fix it.
When the new ecu arrived and was fit. They rang me to say it still had the same fault. They had been back to volvo uk. Who informed them that volvo sweden would somehow using computers take over the car.
This happened and the car is now running.
My dispute is that from my point of view there was no need to change the ECU. The service manager him self admits that there is know way of knowing.
I am already £270 out of pocket with a £960 bill to pay.
I have written off the £270 and offered to pay half of the £960.
To which the regional sales manager laughed.
I have rang their head office and raised a formal complaint but unfortunately it's there regional manager who i have already been dealing with that got back to me.
I'm unsure where to go from here and would appreciate some advice.

Moderator edit: no naming & shaming please.

Edited by jeremyc on Saturday 24th January 20:58

[George111]

Have you got the new ECU in your car or the old one ? Where is the old one if not in your car ? Do you have a written explanation of what Volvo Sweden did to make the car work ?

I don't know what the legal position is but if they've told you to replace a part that wasn't faulty and you have proof it wasn't faulty (3rd party firm) then why did you offer to pay half the cost of it ? I'd be quite comfortable telling them I'm not paying and invite them to take it to court - by the time their solicitor gets a look at it I suspect it will be dropped.

[bob gibbon]

Currently it's the new one. And they do keep offering to replace the old one. But I know they wiped it trying to sort it.

I offered to pay half as I want my car back to go on holiday on Friday.
I have non the communications between the dealer and volvo uk/sweden

I'm talking to my solicitor on monday

Edited by jeremyc on Saturday 24th January 20:59

[dvs_dave]

Have the old ECU put back in the car. If it works, they can send the old ECU back and at most they could have you on labour which won't be much to swap a box of tricks around.

[Motorrad]

Get the dealer and aftersales manager to put what they've done in writing. At least that way you'll have a record of what they claim to have done.

To be honest it smells like bullst to me. The after sales manager sounds like a right - 'laughing' at some poor customer with a massive bill.

Edited by Motorrad on Saturday 24th January 15:47

[bob gibbon]

I'm gonna see the solicitor on monday then go from there. I'm not really sure where I stand legally

[Sheepshanks]

bob gibbon said:

I'm not really sure where I stand legally

Read the Supply of Goods and Service Act 1982.

Have you got the car back or is the garage holding it until you pay the bill?

If you have to pay, write "paid under protest" on the invoice. Then write to the dealer and ask them to refund you within 14 days. Then start a Money Claim Online claim. With any luck they won't get around to defending so you'll win by default.

If they do defend then the outcome is random - the garage could say they acted with reasonable care and the court might accept that, but a franchised dealer is supposed to be an expert and they should be able to tell whether a major part is faulty or not.

[nipsips]

As I understand it a lot of the older classic Volvo's before Ford came along had modules, that once were coded to the car were dead - meaning the new ECU is worthless to anything other than your car, and the old one now wont work as it has been deleted from the car.

[bob gibbon]

They tried that many updates and wipes that they admitted they had probably 'scrambled '