Motor manufacturer's guarantee liability

  griffon56 17:46 24 Jan 2014

First of all my title is a model of succinct information and does not need to be lengthened. It describes exactly what I need to be informed about.

What are the consumer rights and maker's liability regarding a fault on a car which has been audible, (but not detected by the maker's main dealer), from well within the guarantee period, but which is now being denied by the maker on grounds that the car is now out of guarantee?

The noise was and is a series of 7 distinct knocks from the foot-well/front bulkhead area of the car at a speed of just below 10 mph at the first start-off of the day and for later starts after the car has cooled down. It was diagnosed in 2011 as an auto-gearbox fault, which was changed under guarantee, but it still persists and has been stated by an MOT engineer as probably being from the Anti-lock Braking System control unit.

My contention is that since the noise has remained unchanged from before the auto-gearbox change, it was never from the box but always from the other unit and therefore the maker's responsibility to change under guarantee.

Does anybody know where I stand in the law, please?

  wee eddie 17:56 24 Jan 2014

What proof do you have of your complaints during the warranty period?

  bumpkin 18:09 24 Jan 2014

First of all my title is a model of succinct information and does not need to be lengthened.strong text Good that saves any of us trying to make helpful suggestions.

  oresome 18:52 24 Jan 2014

The car retailer has some liability for faults that were inherent from new for several years.

If you can demonstrate that you brought the issue to the dealers attention within the first 6 months, I see it as clear evidence that the fault was there from new and it will be difficult for the dealer to wriggle out of his obligations.

If the fault was only noticed after 6 months, you will need an expert to opine that the fault was present at manufacture.

  lotvic 21:11 24 Jan 2014

Is it a Volvo? Others have reported the 'knocking noise' ClickHere

Volvo C70 ABS Control Module May Fail. Model Years Affected: 2006, 2007, 2008, 2009, 2010 Verified ClickHere or it could be Knocking noises going over bumps can be caused by worn sway bar end links. These end links have small ball joints that become loose and rattle. Replacement is the only fix. ClickHere

  griffon56 11:40 25 Jan 2014

wee eddie, a number of letters, some unanswered. oresome, the car was 3 years old when I bought it but the noise was reported within 6 months after this. lotvic, it is not a Volvo but it is almost certainly the ABS control unit, I will look at the link you recommend.

Bumpkin, my opening sentence was not directed at correspondents but at the advice note on the posting panel which says that 5 words or more ought to be used in the title of any post, otherwise the title is weak. Please do try to be constructive in future or keep away from posting.

Thank you all for your contributions, please consider the matter closed except for some feedback over lotvic's advice.

  Mr Mistoffelees 11:45 25 Jan 2014

griffon56, such an attitude, to a reasonable question, won't help you win any friends here.

  griffon56 17:44 30 Jan 2014

Hi Lotvic,

I followed the link and got quite a lot of good info in general, but, regretfully nothing that advanced my case. I've written to the manufacturer objecting to his stance in not agreeing to correct the fault under guarantee and we'll see what he has to say now that proof of the long existence of the fault has been presented to him.

In the process I've come across a negative feature of the internet which you may have already seen. Adverts for reconditioned/secondhand components which cannot be viewed until you've put in a lot of personal info and which are not just listed and priced on-scrceen as you would expect, but require a commitment of sorts before they can be sourced from dealers signed up to the enquiry site.

This may be the modern trend but I don't like it, there is such a palaver before you can get a look at what might not be of interest anyway.

Thanks again for your attention.

  Kevscar1 00:28 01 Feb 2014

Firstly the 6 month rule is from new not from when you bought it. Secondly how long was the manufacturers guarantee if it was 3 years or less you have no comeback to them. 3rd did the seller give you a guarantee of any sort

  HondaMan 12:55 03 Feb 2014

This may sound frivolous but, to me it sounds heat related. It could just be a clamp on the exhaust system. When cold and for the first few seconds before the exhaust pipe warms up, it knocks, then when warm and expanded it grips properly. Ditto when restarting after a stop. Again the pipe will / may have cooled sufficiently to contract.

I had something similar years ago on a Honda Prelude. It literally took weeks to find and isolate and then cure it.

Good luck!

  griffon56 17:53 03 Feb 2014

Kevscar1, a 5 year maker's guarantee was transferred when the car was bought in 2010 which had 2 years to run, tho', of course, it has run out now.

HondaMan, the noises are always 7 in number and always occur at the same speed and the exhaust was carefully examined for just such a fault as you describe, but it wasn't the origin. I'm hoping that the maker will respond favourably to a recent letter, but not keeping fingers crossed.

This thread is now locked and can not be replied to.

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