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Bought car a week ago - broke and they wont fix it

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  • 21-09-2015 11:42am
    #1
    Closed Accounts Posts: 1,102 ✭✭✭


    Hi,

    I purchased a car from AS Cars in Ballymount. It was a 2005 Volvo S40, 2.0D. I got a 3 month engine and gearbox warranty. Exactly one week to the day after I bought it it wouldnt start.

    The AA came out and said that an oil leak (which the garage claimed they repaired before I bought it) has dripped down into the starter motor and caused it to burn out. However, I managed to get it started once more and drove it to the garage. I was trying to be decent because they seemed like a good place and know it wouldnt be good for them custom wise to have a car show up on the back of an AA lorry.

    They said that the starter motor isnt covered under the warranty and that it wasnt caused by the oil leak. They said its not possible. The offered to fix the car for €135, that was wholesale price for the part and no labour charge.

    I am considering paying it as the car is now stuck in their garage as it cant be restarted so I cant bring it to an other mechanic.

    What advice can anyone give here? Id really appreciate any help?


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Comments

  • Registered Users Posts: 12,917 ✭✭✭✭Toyotafanboi


    i wouldn't be spending €135 on a new starter until i knew the oil leak was fixed, otherwise you'l end up ruining your new starter too. if that price is inclusive of whatever is needed to fix the leak then i would do it.

    realistically, you have been had. they aren't standing over their warranty, you have two choices;

    hound them, pursue them, visit citizens information, speak to consumer rights, speak to solicitor, threaten small claims and so on and so on, create something that will drag on for months, give yourself a huge headache, sleepless nights and waste a lot of time and probably still get no resolution.

    or spend €135, get the car fixed, take it as an unfortunate lesson learned and maintain your sanity.

    then when you are picking up the car after it's been repaired and you've handed over payment, just as you go to leave ask can you use the bathroom. go in and put every single toilet roll you can get your hands on into the toilet bowl, cram them all in with your foot, good and tight, flush the toilet once to fill the bowl, then flush it a second time and head on. then you've had the last laugh.

    that's what i'd do.

    if the price isn't inclusive of the oil leak repair, then i'd take the car somewhere else. cut your losses with this crowd.


  • Moderators, Motoring & Transport Moderators Posts: 23,157 Mod ✭✭✭✭Alanstrainor


    I don't know if I'd want them fixing it. I would go to an independent mechanic and get it fixed there. I'd be more than a bit worried that their incompetence would carry through to the repair and it would be broken again in no time.


  • Registered Users Posts: 33,834 ✭✭✭✭listermint


    I steer clear (excuse the pun)

    of ballymount for this purpose.


  • Closed Accounts Posts: 1,102 ✭✭✭DylanII


    Yes they agree to fix the oil leak because its part of the warranty. Price wise 135 is good as I asked another garage and they suggested around €300 to have it repaired.

    They offered an extended warranty with mapfre for 12 months. I was considering purchasing that for €150 also so I will be able to bring it to a reputable garage once it is fixed if I have any other issues.


  • Registered Users Posts: 73,429 ✭✭✭✭colm_mcm


    mapfre warranty is usually used to free the garage of any obligation warranty wise.


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  • Registered Users Posts: 12,917 ✭✭✭✭Toyotafanboi


    colm_mcm wrote: »
    mapfre warranty is usually used to free the garage of any obligation warranty wise.

    i get the impression making a successful claim on one of those warranties is pretty difficult too. i'd just keep a hold of the €150 encase another problem arose.


  • Registered Users Posts: 20,177 ✭✭✭✭jimgoose


    On what planet is a failed starter motor not covered by a warranty that does cover oil-leaks?? :confused:


  • Closed Accounts Posts: 1,102 ✭✭✭DylanII


    jimgoose wrote: »
    On what planet is a failed starter motor not covered by a warranty that does cover oil-leaks?? :confused:

    Its probably because the oil leak was there before I purchased the car. Only it was left with them for 5 days to have the car properly serviced and valeted and the oil leak was meant to be fixed then.


  • Registered Users Posts: 20,177 ✭✭✭✭jimgoose


    DylanII wrote: »
    Its probably because the oil leak was there before I purchased the car. Only it was left with them for 5 days to have the car properly serviced and valeted and the oil leak was meant to be fixed then.

    If all the issues that may present were there before a person purchased a car, the whole notion of a warranty would be somewhat redundant! :pac:


  • Closed Accounts Posts: 1,102 ✭✭✭DylanII


    jimgoose wrote: »
    If all the issues that may present were there before a person purchased a car, the whole notion of a warranty would be somewhat redundant! :pac:

    Well the oil leak was there. They repaired it, and it reappeared. The agreement was that the car would be perfect when I collected it. They are fixing that regardless. But the starter motor is what they are charging for.

    The claim that there was no issue with the starter motor and it just broke suddenly.


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  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    How can engine oil burn out a starter motor?


  • Registered Users Posts: 12,917 ✭✭✭✭Toyotafanboi


    slimjimmc wrote: »
    How can engine oil burn out a starter motor?

    without knowing the intricacies of that engine, i'd say it's plausible that if a leak from, say the oil filter housing was trickling down to the starter and was weeping into the starters bell housing, if allowed to fill up i'd say engine oil would be "not very good" for the brushes etc.

    doesn't sound too common, but certainly something that could happen.


  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    That's what I was thinking, an oil leak might contaminate a motor but not burn it out. However I'd consider contamination unlikely since starter motors are pretty well sealed. The garage was only charging €135 which suggests to me that the motor just needs a clean/new brushes. Of course the brushes could just be worn out anyway and unrelated to the oil issue but in any case I would have expected both scenarios to be covered under the dealer's warranty.


  • Registered Users Posts: 340 ✭✭Mintoe


    Sale of goods & supply of services act covers you completely regardless of whether the dealers warranty is engine and gearbox only.
    Car must be:
    1. Of merchantable quality
    2. Fit for purpose
    3. As Described

    It is unreasonable to say that a car purchased (from a business whose main business is selling cars) 1 week ago and now has a faulty starter is fit for purpose therefore the dealer is fully responsible for the cost of the repair. SIMPLE AS

    ps you maybe should have taken caution earlier of buying a car from a dealer that only openly offers warranty for engine & gearbox. Legally must offer minimum 3 months or 3,000 miles warranty whichever comes first and everything is covered except for normal or excessive wear and tear items like tyres, wiper blades etc or if you've burnt the clutch out.


  • Registered Users Posts: 6,575 ✭✭✭166man


    Imo the best thing you can do is bring the car to an independent specialist for Volvo and get em to fix it. Much less hassle and stress in the long run.

    I'd not bother going near that place again tbh.


  • Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    get it fixed from a Volvo garage and then take them to the Small Claims Court


  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Mintoe wrote: »
    Sale of goods & supply of services act covers you completely regardless of whether the dealers warranty is engine and gearbox only.
    Car must be:
    1. Of merchantable quality
    2. Fit for purpose
    3. As Described

    It is unreasonable to say that a car purchased (from a business whose main business is selling cars) 1 week ago and now has a faulty starter is fit for purpose therefore the dealer is fully responsible for the cost of the repair. SIMPLE AS

    ps you maybe should have taken caution earlier of buying a car from a dealer that only openly offers warranty for engine & gearbox. Legally must offer minimum 3 months or 3,000 miles warranty whichever comes first and everything is covered except for normal or excessive wear and tear items like tyres, wiper blades etc or if you've burnt the clutch out.
    I've often seen this stated on boards.ie but I've yet to see anyone reference any legislation to support this claim. From what I can see there is no such thing as a compulsory 3mth/3000 mile warranty in Irish law.


  • Registered Users Posts: 2,036 ✭✭✭Cerco


    :oc
    slimjimmc wrote: »
    How can engine oil burn out a starter motor?

    It seems the starter was not burned out since Op was able to start car eventually. Probably gunged up with oil.


  • Registered Users Posts: 12,313 ✭✭✭✭Sam Kade


    How could a 05 car be a week old?


  • Registered Users Posts: 20,177 ✭✭✭✭jimgoose


    Sam Kade wrote: »
    How could a 05 car be a week old?

    He means a week after he bought it.


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  • Registered Users Posts: 5,728 ✭✭✭George Dalton


    166man wrote: »
    Imo the best thing you can do is bring the car to an independent specialist for Volvo and get em to fix it. Much less hassle and stress in the long run.

    I'd not bother going near that place again tbh.
    get it fixed from a Volvo garage and then take them to the Small Claims Court

    While these are nice ideas in theory in the real world what the OP should do is pay the €135 and chalk it down to experience.


  • Moderators, Music Moderators, Recreation & Hobbies Moderators Posts: 9,389 Mod ✭✭✭✭Lenny


    The starter motors fail on s40 2.0
    Be sure to check 110% there is an oil leak,might have just been a tiny bit of oil from something previous and that's what the A A SAID, sometimes they're not always right tbh. But the starter motor was bound to go if it wasn't replaced already. Don't bother repairing it, how genuine there reasonable price


  • Moderators, Politics Moderators Posts: 39,234 Mod ✭✭✭✭Seth Brundle


    i
    then when you are picking up the car after it's been repaired and you've handed over payment, just as you go to leave ask can you use the bathroom. go in and put every single toilet roll you can get your hands on into the toilet bowl, cram them all in with your foot, good and tight, flush the toilet once to fill the bowl, then flush it a second time and head on. then you've had the last laugh.

    Really?


  • Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    While these are nice ideas in theory in the real world what the OP should do is pay the €135 and chalk it down to experience.

    why should they? Based on facts as stated I couldn't see the losing in theSCC.


  • Registered Users Posts: 12,917 ✭✭✭✭Toyotafanboi


    kbannon wrote: »
    Really?

    honestly, yeah.

    if i was sold a car with a warranty that covered the engine and gearbox and it broke down a week later because a part that works between the engine and gearbox failed and the garage gave me two fingers, i'd be pissed.

    you get no satisfaction trying to deal with cowboys like that above board. so to make me feel a little better, after i handed over the cash to pay for my warranty claim :rolleyes: i'd flood their bathroom if it were possible. or steal a box of pens or something, if i got the opportunity, definitely. it's not going to ruin their "business", they are able to do that themselves, but it would give them a pain in the ass, which would do me.


  • Registered Users Posts: 5,728 ✭✭✭George Dalton


    why should they? Based on facts as stated I couldn't see the losing in theSCC.

    Because the hassle involved isn't worth it for the sake of €135.


  • Registered Users Posts: 7,787 ✭✭✭slimjimmc


    Because the hassle involved isn't worth it for the sake of €135.
    If the seller refuses to fix the starter the OP is entitled to have it fixed elsewhere out of his own pocket and claim a refund against the seller for the costs. He can do this through the Small Claims Court for €25.
    Unless either side digs his heels in (resulting in a court hearing) it's not a lot of hassle, just some form filling.
    http://www.irishstatutebook.ie/eli/1980/act/16/section/21/enacted/en/html#sec21


  • Registered Users Posts: 5,728 ✭✭✭George Dalton


    A lot of smalls claims court judgments are never actually paid out by the losing party.

    I personally wouldn't go down that road for the sake of €135, you have very little to gain and potentially a lot to lose. Not worth it IMO.


  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Could you sit outside the dealership with a big sign on your car explaining what happened? Tell it exactly as it happened and see do they change their tune?


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  • Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    A lot of smalls claims court judgments are never actually paid out by the losing party.

    I personally wouldn't go down that road for the sake of €135, you have very little to gain and potentially a lot to lose. Not worth it IMO.

    you lose the 25 max


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