Car warranty repair that didn't work out

AB777

We have a Volkswagen Polo that was bought with a 3 year warranty. 4 months ago, which was 2 months before the warranty ran out, there was a problem with a rear passenger door which couldn't be locked (electronic system).

The dealer replaced the lock. Initially it seemed ok, though that door is very seldom opened. Now (2 months after the end of the warranty period) the problem has recurred and the same door can't be locked.

Have spoken to the dealer who says new repair will have to be paid for unless the manufacturer shows 'goodwill'.

Can anyone advise of our rights in this? Could we claim that the original repair was inadequate under the Sale of Goods and Services Act? If so would our claim be against the manufacturer?

Alternatively, do we just have to lump it and sump up.

Thanks.

Tilt

AB777 wrote: »

We have a Volkswagen Polo that was bought with a 3 year warranty. 4 months ago, which was 2 months before the warranty ran out, there was a problem with a rear passenger door which couldn't be locked (electronic system).

The dealer replaced the lock. Initially it seemed ok, though that door is very seldom opened. Now (2 months after the end of the warranty period) the problem has recurred and the same door can't be locked.

Have spoken to the dealer who says new repair will have to be paid for unless the manufacturer shows 'goodwill'.

Can anyone advise of our rights in this? Could we claim that the original repair was inadequate under the Sale of Goods and Services Act? If so would our claim be against the manufacturer?

Alternatively, do we just have to lump it and sump up.

Thanks.

Can you first clarify the bit i've highlighted. It dosn't make sense unless I've been on the sauce or something!

As far as the fault is concerned, if it occurs within 6 months of ownership, it is for the seller to prove that it wasn't there at the time of purchase according to the SOGA. So the warranty is pretty irrelevant anyway as it is merely an extension of the rights you already have under said act.

As the fault originally occurred within the warranty period and the original repair has failed, it matters not that the warranty has expired anyway, it still should be covered.

Also, your contract is with the seller, not the manufacturer. If the seller wishes to obtain a contribution from the manufacturer, then that is between him and them. But at the end of the day, it should be repaired at no expense to you.

My advice is to go back to the seller and ask them to re-consider or you will approach Trading Standards for advice.

AB777

What was meant by the dates is that the car was bought new at end of 2009 and warranty expired end-December 2012. The fault first occurred late October 2012 and was 'repaired' under warranty then.

Tilt

AB777 wrote: »

What was meant by the dates is that the car was bought new at end of 2009 and warranty expired end-December 2012. The fault first occurred late October 2012 and was 'repaired' under warranty then.

Ahh, i've just re-read it and noted the full stop after the word 'Warranty' At first glance it looked like you had bought the car 4 months ago!

Ok, well then as I said; if the fault occurred within the warrant period and it's the same fault then the warranty should still cover it as the original repair was obviously unsuccessful.