Manufacturers defect - not properly fixed

rokx

Hi,

Looking for some opinions!

A couple of years back I took my car into a dealership garage for a service. They identified a manufacturers defect outstanding on the car's rear axel. They kept the car in and 'fixed' this free of charge. We received quite poor service at this garage so have been using independent garages since. Yesterday I had an electrical fault and took it in to another dealership garage in a different place. Typically, the fault did not show when they had the car in for "diagnostics". But they did a check of the car and found that it is not safe to drive as a part of the rear axel has snapped due to the manufacturers fault, which should have been fixed previously.

They then went on to tell me that as another garage has done the work, I will need to arrange to take it there. Their reasoning being that the manufacturer will only pay for the work to be done once so they may not be able to reclaim the money. So I politely say that it isn't any of my concern who can claim money or not, as far as I am concerned it is a dealership garage, branded by the manufacturer, so they should be arranging to get the work carried out. Plus I wouldn't take it back to the garage which did a shoddy job!

As they have told me it is not safe to drive due to a manufacturers fault which should have been fixed, so I have been put at risk due to this, I think this should be organised and paid for by the manufacturer/dealership. Is this unreasonable? I would also expect a courtesy car while I don't have my own car. To make things worse, they only told me this information when I phoned up late in the afternoon, they hadn't actually called me with an update! I understand if they are busy but you would think they would be only too quick to apologise. I know they probably work as a franchise, but if you are working under a brand name, you would think they would want to maintain high standards and a good reputation for the brand.

So, am I right to be pushing for them to fix it at the dealership or can they make me go back to the previous one? Legally, the original dealership would have to pay for the repairs I suppose as the damages are their fault, but is it reasonable to expect the current dealership to organise this..? And a hire car?

I just wanted some thoughts before I fight my case tomorrow!

Thanks in advance

Tilt

My take is this;

As both garages are franchised or approved dealers for the marque, then they represent the manufacturer thus either one could do the work required to rectify the "manufacturer's defect".

I think it is reasonable for you to either insist that the car is recovered at no expense to yourself to the dealer who carried out the original "sub standard repair" if the garage where it is at now refuses to do the work.

In any event, the garage where the car is now should be talking to the manufacturer to get this sorted out and arrange a courtesy car on your behalf. Clearly you should not drive the car and you have been put in this position through no fault of your own.

captainawsome

Why should the dealer where the car is now remedy the fault? Just because they are franchised dealers of the same marque does not mean they have to fix faults caused by other dealers for free.

The only hope you have is if it's the same company (not marque, franchised company) but a different dealership. If it's a different company then you should take it back to the original dealer, so ring them and request they recover it for inspection

atrixblue.-MFR-.

captainawsome wrote: »

Why should the dealer where the car is now remedy the fault? Just because they are franchised dealers of the same marque does not mean they have to fix faults caused by other dealers for free.

The only hope you have is if it's the same company (not marque, franchised company) but a different dealership. If it's a different company then you should take it back to the original dealer, so ring them and request they recover it for inspection

what your saying is that if I have my kia serviced in Scotland whilst on holiday for e.g and theres a safety recall for a certain batch of airfilters so they replace it, then return to wales only to discover that the airfilter is shredding appart and now my engine sounds a bit weird, I have to travel to Scotland to have it fixed? because a dealer here should not be responsible for it? your having a giraffe mate. as far as i'm concerned, Kia UK can authorise work to be done in any kia authorised network of workshops and dealerships, other manufacturers have the same so I can take it anywhere that is that marque dealer or repairer and so should the OP be able to!.

captainawsome

atrixblue.-MFR-. wrote: »

what your saying is that if I have my kia serviced in Scotland whilst on holiday for e.g and theres a safety recall for a certain batch of airfilters so they replace it, then return to wales only to discover that the airfilter is shredding appart and now my engine sounds a bit weird, I have to travel to Scotland to have it fixed? because a dealer here should not be responsible for it? your having a giraffe mate. as far as i'm concerned, Kia UK can authorise work to be done in any kia authorised network of workshops and dealerships, other manufacturers have the same so I can take it anywhere that is that marque dealer or repairer and so should the OP be able to!.

If the air filter has shredded apart that's a manufacturers fault so Kia would pay that as a warrenty job. If it was down to a 'shoddy job' and not a manufacturing defect then kia wouldn't pay for that, so why should your local dealer be out of pocket for what a dealer in Scotland done incorrectly?

As for the OP if the fault they have now is down to poor workmanship then it needs to go back to the original dealer, if it's an actual part that's broken As a result of a manufacturing defect then it's a manufacturer issue and could possibly expect more help from the latest dealer. Suppose we could use more information, was it a recall or quality enhancement? or was it just picked up on servicing? Where any parts replaced or just checked previously?

rokx

captainawsome wrote: »

As for the OP if the fault they have now is down to poor workmanship then it needs to go back to the original dealer, if it's an actual part that's broken As a result of a manufacturing defect then it's a manufacturer issue and could possibly expect more help from the latest dealer. Suppose we could use more information, was it a recall or quality enhancement? or was it just picked up on servicing? Where any parts replaced or just checked previously?

It was a recall, which flagged up on their computer when we brought the car in to the original dealership. It was basically a case of some holes not being drilled in when the car was manufactured, causing water to collect and thus causing the metal to rust. They had to make repairs at the time in addition to drilling the holes because this had already started to happen. I guess they replaced parts, but I'm not sure sorry!

I understand the dealership doesn't want to be out of pocket, but as they all fall under the manufacturer's umbrella, I would have expected them to deal with the manufacturer/other dealership directly to recoup the money, rather than me having to somehow take a car which is not safe to drive back to the garage which has already failed to fix it?

captainawsome

In that case rokx it's not unreasonable to ask the dealer to contact the manufacturer on your behalf, telling them the situation and that the rust must have been further developed than first thought, which has caused the fault to reoccur and is now at the stage of being unsafe. If they still won't help contact customer services of the manufacture yourself and they should be more willing to help, especially if you point out its already a recognised issue and caused cars to be recalled.

Tilt

captainawsome wrote: »

If the air filter has shredded apart that's a manufacturers fault so Kia would pay that as a warrenty job. If it was down to a 'shoddy job' and not a manufacturing defect then kia wouldn't pay for that, so why should your local dealer be out of pocket for what a dealer in Scotland done incorrectly?

At the end of the day, the matter is between the manufacturer and it's dealers. The OP should neither be inconvenienced or out of pocket due to A) A manufacturer's "defect or fault" and shoddy workmanship of a dealer who is a representative of and approved by the manufacturer.

This may help the OP;

http://www.smmt.co.uk/products-services/consumer-advice/

colino

There is a difference, quite a vast one, between a recall and a technical service bulletin which tends to offer solutions if customers complain. If the fault identified is work that the original garage claimed to have done, get the current garage to involve the manufacturers field engineer to inspect asap. If they really are saying it is not safe to drive, you have to take their professional opinion, so that further down the line the manufacturer doesn't squirm out of a remedial repair because you continued to use a defective vehicle.

rokx

Just googled and it seems to be referred to as a 'recall' but she seemed reluctant to say this on the phone. I have forgotten the wording she used. They said "it is not safe to drive" so I definitely won't be doing so!

Thanks for all the advice, I'll see what they say tomorrow :eek: