Design fault. Reclaiming repair cost. Advice needed

[tele_lover]

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).

[Mikebentley]

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.

[Sebring440]

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!

[Ezra]

I think you need to be a bit more forthcoming on car, year, fault and cost...what does quite expensive actually mean?

[BertBert]

Those strongly worded emails will definitely do the trick. If only I was as good at strongly worded emails, my life would be much more accomplished as I would always get my own way.

ETA: just a thought, what contractual term or statute are you seeking to rely on?

[littleredrooster]

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!

[Sebring440]

The troll won't be back, so we should all (including me) stop feeding him.

[Sheepshanks]

Sebring440 said:

Do you feel that it is (or should be) still under warranty?

Warranty is in addition to statutory rights.

[tight fart]

When sending the strongly worded email, put it all in uppercase!

[BertBert]

tight fart said:

When sending the strongly worded email, put it all in uppercase!

another strong technique I was missing

[zsdom]

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?

[CoolHands]

Sebring440 said:

The troll won't be back, so we should all (including me) stop feeding him.

For some reason I had the same thought, I don’t remember why but I know the OPs username in this context.

[Davie_GLA]

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?

[tele_lover]

Sebring440 said:

What has this to do with you? Cannot your "friend" fight on his own behalf?

Are you a fking idiot? Genuine question. Did you think before asking that?

Edited by tele_lover on Monday 6th January 02:35

[tele_lover]

Ezra said:

I think you need to be a bit more forthcoming on car, year, fault and cost...what does quite expensive actually mean?

Thank you for one of the non-fkwit responses.

To be honest I wasn't after technical advice, more legal/what usually happens with dealerships and clearly common issues when the car is outside the warranty period.

Edited by tele_lover on Monday 6th January 02:37

[eskidavies]

Let’s guess known faults
VW Water pump issues

They go anytime depends how lucky your mine went about 47k
I’ve read on forums of 12k
I just paid for it ,bought car used 5yrs old didn’t have any warranty at time it went I knew about potential issues before buying car,

[tele_lover]

Davie_GLA said:

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?

Thank you. I wasn't after after technical advice but more trying to understand the law when the car is out of warranty.

It seems most people online (like most on PH) repaired it themselves or knew someone who could. Unfortunately the person I know naturally relied on the dealer and has been taken advantage of, hence my involvement.

Edited by tele_lover on Monday 6th January 02:51

[tele_lover]

eskidavies said:

Let’s guess known faults
VW Water pump issues

They go anytime depends how lucky your mine went about 47k
I’ve read on forums of 12k
I just paid for it ,bought car used 5yrs old didn’t have any warranty at time it went I knew about potential issues before buying car,

I assume you did the repair yourself.

Unfortunately the person I know wasn't able to do that and the dealer charged them a substantial amount.

Not everybody knows about cars and if they are very reliant on their car, they don't always feel they have much choice if there's an error.

[eskidavies]

No I paid a garage to do it ,, I can fix cars myself but I wouldn’t attempt above job like that

[Steve H]

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.