Volvo Selekt warranty/MOT fail

liverpoolmark

I purchased a Polestar 2 from Waylands Swindon on a Volvo finance agreement and with a 1-year Volvo Selekt warranty a year ago. 

The MOT on the car was due to expire whilst I was on holiday so I had it MOT'ed on 30th September when it was discovered it had a defective rear fog light that required replacement. I returned from my holiday on late Friday 11th October, collected the car and reported the problem to Volvo Poole at the earliest opportunity yesterday. Volvo Poole has said they are unable to repair the problem under warranty because it expired on 11th October despite my having the MOT test report dated 30th September. They then referred me back to Volvo Swindon where purchased the car, who told me the same.

My research into this matter has uncovered that this is a known issue with these cars as a result of a design fault where the unit is overly exposed to the elements, however, the onboard warning display is not activated until such time as the fog light is actually used. That obviously has not been required or activated over the summer months, so it is likely I have been driving with the fault for some considerable time during the warranty period. Notwithstanding, it is clearly unreasonable to not to honour a warranty claim when it has been discovered within the period of the warranty and that is evidenced independently in the form of the MOT report. 

Am I entitled to a warranty repair or not?

TIA

Nasqueron

The problem you have is that you didn't report it while in warranty which is what they are being technical over - even on holiday you could have messaged them perhaps? It's worth an official complaint to them though

born_again

You might get a good will offer from dealer you bought from on the cost.
As to warranty that was out of time when you reported.
The fact it may or may not been working ever since you got the car is not a valid claim. We are all supposed to run weekly checks that car is road legal. 
The warning light is just there to show that it is on, nothing else.

So did the MOT garage not fix the issue? 

Mildly_Miffed

Just FYI... you can take a car in for MOT up to a month before expiry (or third birthday) and retain the same expiry date for the MOT.

And, no, a fail doesn't invalidate the old test or make it illegal.

Of course, the reason it failed may make it illegally unroadworthy - whether or not you took it in...

Also - free MOT reminders start from a month out...
https://www.gov.uk/mot-reminder