Faulty Catalytic Converter - refusing refund

whistler_2

Hi,

I recently purchased a catalytic converter on line which arrived on Tuesday 27th May but was unable to get it fitted until the following week as I was awaiting another part and had work commitments. It was confirmed that the part was the correct one for my car by the advisor so I don't think that's the problem. However, the catalytic converter was faulty and caused the ECU light to come on (confirmed by a garage which also reported that it failed the emissions test as a result of the faulty cat). This cost £49.99. As the part was fitted to the car outside 7 days (I had no way of knowing that it was faulty until after it was fitted), they are refusing to issue a refund.

Initially they told me I had to send them the old one and then they would issue a new one but I complained that this would cause me undue inconvenience (i.e. having to have the part removed, not being able to drive my car during this time and then having to get it replaced). Now they are saying that I have to buy a new one - so that would mean paying for the delivery all over again - and then send the other one back. The garage advised that the part was of insufficient quality though so I don't want another one - I just want my money back

I looked at the Sale of Goods Act and it seems to suggest that you have a reasonable period of time to demand a refund for a faulty item and also demand recompense for costs incurred. I've drafted this letter to send to them - does this seem appropriate? Given the circumstances am I entitled to a refund or at least reimbursement of costs?

Under the Sale Of Goods 1979 I have a reasonable amount of time to accept the goods and furthermore that signing for the goods does not constitute acceptance (which I did not personally do in any case). I have informed you of the fault at the earliest opportunity - the item was fitted on Friday the 6th June 2014 at 4:45pm and within 14 miles caused the Engine Management light to come on. I got the earliest appointment at a garage that I could (Tuesday 10th June) and they, at a cost of £49.99, diagnosed a fault with the catalytic converter supplied by yourselves which caused not only the ECU light to illuminate but also caused the car to fail the emmissions test. The garage is happy to confirm this. As such I would suggest that the item provided is not fit for purpose, I have rejected the goods in a reasonable amount of time and am entitled to a full refund.

In addition to this, the Sale Of Goods Act also states that I am entitled to damages relating directly to the supply of the faulty item (£49.99) and you, the seller, are also responsible for carriage costs incurred in returning the item.

AdrianC

What car is it? Unless it's something (fairly unusual unless very recent) with a post-cat oxygen sensor, then the cat won't "cause" the light to come on. But the cat could very easily and quickly be killed by a fault which has caused the light to come on. What fault code was stored?

Why didn't the garage who were doing the work supply and fit the cat?

Bantex_2

A fuelling issue can ruin a brand new cat in a very short time. Just as likely the garage that fitted it caused it to fail.

whistler_2

They (garage A) quoted a much higher price than I could get the part on line (maybe because it's a better part I realise!). The car was operating fine prior to the cat being fitted and the garage said everything was fine up until the cat - the only error was Code 67-1 - Catalytic System Efficiency Below Treshold.

I think I'm just going to get the garage (garagre to fit a new one. Just wondered if I would be able to get anything back for the old one.

whistler_2

Bantex wrote: »

A fuelling issue can ruin a brand new cat in a very short time. Just as likely the garage that fitted it caused it to fail.

What could they do that would cause it to fail?

whistler_2

AdrianC wrote: »

What car is it?

Honda Civic Aerodeck 2000 plate

mcjordi

the cat effeciency below threshold may not be the cat.. it could be a number of things..

do you happen to have the readings from the printout from the emssions test?

my EML has given this code 2 years in a row on the megane im driving and has never failed the emissions yet..

i delete the code and it doesnt come back on for months..

whistler_2

No, I haven't but they said they'd print out one before the new one is fitted.

forgotmyname

Thats the downside of supplying parts yourself and buying online.

Party why i tell people that its a false economy to supply the parts yourself. The garage could probably get you a decent one for similar money and still make some profit on it. Unless its a useless piece of junk that costs nothing to make of course.

But some garages will charge you to remove the faulty part and refit the replacement.

Costs can soon mount up. I even know someone that got charged ramp time after supplying a clutch kit that didnt fit.

Very costly mistake.

Bantex_2

whistler wrote: »

What could they do that would cause it to fail?

Running the engine with a plug lead off could destroy a cat in a minute or two for example.

atrixblue.-MFR-.

forgotmyname wrote: »

Thats the downside of supplying parts yourself and buying online.

Party why i tell people that its a false economy to supply the parts yourself. The garage could probably get you a decent one for similar money and still make some profit on it. Unless its a useless piece of junk that costs nothing to make of course.

But some garages will charge you to remove the faulty part and refit the replacement.

Costs can soon mount up. I even know someone that got charged ramp time after supplying a clutch kit that didnt fit.

Very costly mistake.

that's becoming common in my area ontop of labor charges when supplying privately sourced and bought parts even if they do fit because their fed up of losing out to Ebay for parts supplying, and B customer often doesn't get it right and time is lost doing something that could have made the use of the ramp.