Volvo are expecting me to pay nearly £2k towards a repair when it's a known design fault

DMcMann

My T3 Volvo XC40 lease car has just gone into my local Volvo garage as the clutch has failed and it needs a new crank shaft!  I have only done 49k miles and its just over 3 years old.  The garage has had numerous models in for the same problem and Volvo know its a design fault.  My lease ended in July but because I couldn't get a replacement car in time I had to extend my lease until January.
Volvo are saying that due to me being out of 3 year warranty they will only contribute 60% towards the cost.  I just don't understand this when it is a known design fault and I have seen other customers who have had the same issue get it covered in full.  
Does the Consumer Rights Act not cover me in this issue?
I'd love to know anyone else who has had some success, or not with Volvo on this.  I'm currently at my wits end that I may have to pay £2k in order to get the car repaired when it goes back in Jan!!

cpbackhouse

You might get some better help positing on the Volvo owners forums. 

I have seen some really good advice there on dealing with Volvo claims.
This is the link to the XC40 forum though there tends to be more activity on the XC60/90 V60/90 part of the forum.

https://www.volvoforums.org.uk/forumdisplay.php?f=205

born_again

As it's under lease, get them involved as well.

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you do, you can call the Legal Helpline provided by your insurer. Do this before taking any further action. 

VeryBigDavid

I have the same problem. They say it needs a new engine costing 17K+ They will not pay anything towards it. The car cost 25K had done about 25K miles. Drove it for about 30 months and did less then 25K miles before it failed.

Have started a section 75 claim against them . Have been waiting for over 4 weeks for a formal response to my claim from their solicitors, so I can give itto the bank to continue with the 75 claim

The car was first given to them on the 14th January.

I have now purchased a very cheep car with a years MOT and 3 month. It was so stressful not having a car. I am now able to wait for the legal process to finish

You are not alone.

MEM62

@VeryBigDavid You are resurrecting an 18-month old post.

ohreallƳ

So what was the outcome, I'm guessing after 18 months it's resolved.

Mildly_Miffed

Given that was the OP's only post, and they've never logged in again in the last 18 months, we'll never know.

paul_c123

https://forums.moneysavingexpert.com/discussion/comment/81966626#Comment_81966626

CRA is pretty clear on this: if its under 6 months, its assumed the problem was present when sold, unless the seller can prove otherwise. If its after 6 months, it is the reverse. The buyer would need to prove the fault was present at purchase.

If its a design fault which leads to premature wear, then you're not covered by CRA - that is a blanket piece of legislation which applies to toasters, video games, etc etc and its written in as 6 months subject to either side being able to prove something.