Car Dealership issue

molloyjh

Hi folks,

my wife was on the M50 this morning commuting to work and the car suddenly lost all power. It's happened once before and is quite scary. One minute the car is fine, the next it all but cuts out and can do little more than coast. It's only a year old, bought new. It's obviously a computer error given the warnings that are flashing up when it happens. It seems that if you pull in and switch off the engine for a few minutes it rights itself and is okay again.

Now luckily this morning there had been an accident on the M50 so it wasn't moving. Meaning this morning the incident wasn't a dangerous one. But going forward obviously it could be very dangerous. So once the AA came out and looked at it (by which time it was fine again) she brought it up to the garage that we bought it from. They've basically said it's a computer error, there isn't a new update for the computer due until September and we'll just have to wait until then to get it sorted.

Obviously this simply isn't good enough. You couldn't call a car that randomly cuts out like that roadworthy for starters. Does anyone know exactly what we are entitled to here? My understanding is that by law the car needs to be roadworthy, but I'm sure they'll claim it was at the time of sale. As of today they have sent my wife out onto the road in what could only be described as a hazard. Is there some sort of protection there for buyers/motorists in that regard?

Cheers.

antoinolachtnai

If this is really a firmware problem, surely there will be something written about it on Internet forums. What you describe is a really serious problem.

I would get the dealer to write to you with the information they have given you orally. This should include a statement of the symptoms you experienced.

I would also get a written report from the AA. (which won't amount to much more than your report on what happened I suppose, but it is still valuable to have.)

I would write to the manufacturer or the manufacturer's agent in Ireland with a copy of that correspondence and ask them whether the car is roadworthy in the interim while you are waiting for the new firmware.

molloyjh

antoinolachtnai wrote: »

If this is really a firmware problem, surely there will be something written about it on Internet forums. What you describe is a really serious problem.

I would get the dealer to write to you with the information they have given you orally. This should include a statement of the symptoms you experienced.

I would also get a written report from the AA. (which won't amount to much more than your report on what happened I suppose, but it is still valuable to have.)

I would write to the manufacturer or the manufacturer's agent in Ireland with a copy of that correspondence and ask them whether the car is roadworthy in the interim while you are waiting for the new firmware.

My wife was onto the manufacturer since I posted and they will get back to her in 24 hours they've said.

Will do the above though as well thanks. They are members of SIMI so we have that route open to us as well. The big concern is that while all of this is going on how do we get around. We only have the one car and while I don't need it for commuting to work my wife does.

antoinolachtnai

That is certainly important. But the first issue is to determine the extent of the problem. If the manufacturer accepts that the vehicle is not roadworthy, then the dealer will have to do something for you.

You always hear that it is the retailer that is responsible if something goes wrong. This is not quite true. If there is a product liability issue (like someone getting injured or property being damaged as a result of the fault) then the manufacturer is involved too. That is why you can to bring them in.

What is odd in this case, if what you say can be confirmed in writing is that the dealer has accepted there is a serious fault with the car that makes it unsafe in certain situations, and has claimed that this is a problem with firmware.

If that last claim is really true, it means this is a type fault, not a manufacturing fault, and all cars of that type are effected. If this were really true, it is a really big issue for the manufacturer, and they will be facing all sorts of claims.

In reality, I'd say there is something else wrong. But if you can make it the manufacturer's problem then it will have to be resolved.

molloyjh

To update, we've been in touch with the manufacturer again who were shocked at how the dealership reacted. They've agreed that it is an incredibly serious and potentially dangerous fault that needs to be fixed immediately. It seems there is a fix for it too as they said they were going to contact the dealership and tell them what they have to do. My wife has since been in touch with the dealership again who now have said they won't take the car until Monday. I'm going to ring them in a few mins to explain that while they may not be able to start the work until Monday they will be taking the car today and giving us a replacement until it is fixed.

antoinolachtnai

I would stop now that you are in a good place, and get everything in writing. Write it all out in an email or letter and post to the manufacturer.

I know the issue of a short-term resolution is what is bearing on you, but the most important thing is to get your car right. This might all be sorted out by Monday, but there is a good possibility that it will drag on longer. Having stuff in writing now will (a) make that less likely to happen and (b) make it easier to resolve if it does drag on.

molloyjh

antoinolachtnai wrote: »

I would stop now that you are in a good place, and get everything in writing. Write it all out in an email or letter and post to the manufacturer.

I know the issue of a short-term resolution is what is bearing on you, but the most important thing is to get your car right. This might all be sorted out by Monday, but there is a good possibility that it will drag on longer. Having stuff in writing now will (a) make that less likely to happen and (b) make it easier to resolve if it does drag on.

Will do. Thanks.