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My problem or dealer's?

  • 05-12-2011 10:46am
    #1
    stevie_b
    Registered Users, Registered Users 2 Posts: 279 ✭✭


    I got a car 18 months ago from a main dealer. Warranty was for 12 months. The car started giving a few problems recently which is down to a broken PCM unit.

    It turns out the car was sold to me with the PCM unit in a plastic bag and not in its proper housing (you wouldn't spot this from a normal service), and the unit is now water damaged. The dealer says they are not responsible as the car was running fine for the last 18 months, and that the warranty is up.

    I understand that many parts are wear and tear items, but would i have any rights here?


Comments

  • #2
    Drummerboy08
    Closed Accounts Posts: 12,102 ✭✭✭✭Drummerboy08


    Nope, doubt it.


  • #3
    corktina
    Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    sadly no, far too much water under the bridge


  • #4
    [Deleted User]
    Posts: 23,339 ✭✭✭✭ [Deleted User]


    stevie_b wrote: »
    ..............

    I understand that many parts are wear and tear items, but would i have any rights here?

    They should sort it out of goodwill really considering they sold the car like that.


  • #5
    sf80
    Registered Users, Registered Users 2 Posts: 252 ✭✭sf80


    Maybe talk to a solicitor, I have no idea..but, I would think a warranty is to give you peace of mind over buying a used car and have them sort out unexpected failures. This sounds like something that would be expected to fail, I think they should replace it.


  • #6
    delly
    Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,730 Mod ✭✭✭✭delly


    sf80 wrote: »
    Maybe talk to a solicitor, I have no idea..but, I would think a warranty is to give you peace of mind over buying a used car and have them sort out unexpected failures. This sounds like something that would be expected to fail, I think they should replace it.
    But the warranty no longer applies in this case.

    I don't see anything you can do OP. If you wouldn't spot it from a normal service, I doubt the dealer would have spotted it either, it just being a legacy from the former owner I reckon.


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  • #7
    stevie_b
    Registered Users, Registered Users 2 Posts: 279 ✭✭stevie_b


    delly wrote: »
    But the warranty no longer applies in this case.

    I don't see anything you can do OP. If you wouldn't spot it from a normal service, I doubt the dealer would have spotted it either, it just being a legacy from the former owner I reckon.

    To add to my original post - the plastic bag the PCM was in was actually a branded bag from a car part (ie logo on the bag). Now i know this could still have been done before the dealer obtained the vehicle but still...


    I know the warranty is up, but is there anything legally that suggests that the vehicle should not be sold like this?


  • #8
    delly
    Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,730 Mod ✭✭✭✭delly


    Personally I would try the goodwill approach, as I doubt you'd get any comeback legally and if you do go that route first the the goodwill aspect would be out the window.


  • #9
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    stevie_b wrote: »
    To add to my original post - the plastic bag the PCM was in was actually a branded bag from a car part (ie logo on the bag). Now i know this could still have been done before the dealer obtained the vehicle but still...


    I know the warranty is up, but is there anything legally that suggests that the vehicle should not be sold like this?

    I think only a solicitor or specialist mechanic can tell you the answer to this .... is the bag manufactured and created by the manufacturer to protect the part in question, did the manufacturer or the dealer put the bag on the part ?

    if the part is not suitable and was the only cause of the leakage you could look towards the manufacturer for compensation but you have to be 100% that the product is defective and not suitable for its job...and take an action against whomever put it over the part.

    its an uphill struggle and one which could prove costly if you fail to prove your case.

    Also ... just because there is a 12month guarantee does not mean that there is not a reasonable expectation that the car/parts should last longer than 12 months without issue.

    At the moment its your problem and you are trying to blame someone or seek compensation from someone - if you have the time and money then take the legal route - but the problem in this country is that the legal system is set up to financially benefit the legal eagles and there is little incentive (except maybe an ego boost) for them to fight on your behalf.


  • #10
    sf80
    Registered Users, Registered Users 2 Posts: 252 ✭✭sf80


    delly wrote: »
    But the warranty no longer applies in this case.

    I don't see anything you can do OP. If you wouldn't spot it from a normal service, I doubt the dealer would have spotted it either, it just being a legacy from the former owner I reckon.

    I think this would go beyond a warranty if they knowingly sold a defective car. The ECU going, fair enough, how could they ever tell, but a part housed in a plastic bag...


  • #11
    delly
    Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,730 Mod ✭✭✭✭delly


    sf80 wrote: »
    I think this would go beyond a warranty if they knowingly sold a defective car. The ECU going, fair enough, how could they ever tell, but a part housed in a plastic bag...

    A similar question comes up in relation to crashed cars and clocked cars. Its not illegal to sell them on, its when the dealer knows about it and doesn't pass it on or does not answer truthfully when asked.


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  • #12
    jacool
    Registered Users, Registered Users 2 Posts: 4,235 ✭✭✭jacool


    corktina wrote: »
    sadly no, far too much water under the bridge
    . . . . . in the bag, surely?


  • #13
    kildare.17hmr
    Closed Accounts Posts: 3,615 ✭✭✭kildare.17hmr


    i also think approaching for them to give you a goodwill a dig out is the best way to go. If it was me id certainly try help you out if you were reasonable about it. If you came in all guns blazing you would leave in worse form than you came in


  • #14
    Chimaera
    Registered Users, Registered Users 2 Posts: 1,652 ✭✭✭Chimaera


    The funny thing about warranties is that in law there's no time limit placed on them.

    The manufacturer/dealer limited warranty is simply a guarantee that they will repair/replace faulty items within a specified time period subject to whatever conditions are in the agreement.

    You'll often see a statement on these saying that your statutory rights are not affected. What the law here says is that if something fails prematurely then you're entitled to recourse. The problem is one of defining what's "premature". I'd say you've got a case here, but it may be hard to prove.

    More info: http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/guarantees.html


  • #15
    PCPhoto
    Registered Users, Registered Users 2 Posts: 6,584 ✭✭✭PCPhoto


    Chimaera wrote: »
    The funny thing about warranties is that in law there's no time limit placed on them.

    The manufacturer/dealer limited warranty is simply a guarantee that they will repair/replace faulty items within a specified time period subject to whatever conditions are in the agreement.

    You'll often see a statement on these saying that your statutory rights are not affected. What the law here says is that if something fails prematurely then you're entitled to recourse. The problem is one of defining what's "premature". I'd say you've got a case here, but it may be hard to prove.

    More info: http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/guarantees.html

    thats pretty much what my post said....I think.


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