Crank shaft failure on a car with less than 10000km

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Mamamia22

Registered User
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A relative was driving their 2021 diesel SUV on Saturday to a family event on the N11. She had three kids and a disabled mother on board. She describes the car slipping while in gear and then hearing a crumpling sound. The car then lost all power and ultimately ended up on the hard shoulder. The road was extremely busy. It would not restart. The experience was terrible, particularly being stuck on a bend on such a busy road with high speed traffic in the heat. The garage are saying it’s a crank shaft total failure but that it is under warranty and will take a month to fix. She has lost all faith in the car and doesn’t want it back. What are her rights ?
 
Let them fix it under warranty. Get a replacement car from them. Trade it in , yoi will likely get a decent trade in . Get a new car, different brand maybe . Move on. What type of car was it ?
 
Not sure if I can name the make here. Should she get a solicitors letter sent in. I think she would like to change make but the garage she bought it from does not do other makes. I would think she will never buy this brand again. Who would ?
 
Mamamia22 said:
Not sure if I can name the make here. Should she get a solicitors letter sent in. I think she would like to change make but the garage she bought it from does not do other makes. I would think she will never buy this brand again. Who would ?
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Most franchise garages do more then one brand . Also you have no obligation to stay with the same garage . Shop around and get a few values when the car is sorted
 
Introuble83 said:
Let them fix it under warranty. Get a replacement car from them.
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Yes, do not involve a solicitor but do get the dealer to write a letter with a detailed plan of action with dates. Do you know did your relative sign the SIMI Order Form, the one they need for "VAT and VRT returns for Revenue"? Yeah, right lads.
 
Mamamia22 said:
What are her rights ?
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The legislation gives the vendor the choice, they can repair, replace, or refund as they choose. As would be normal in these cases, they have said they will repair it. They will be expected to carry out a competent and lasting repair that ensures the vehicle is perfectly safe.
 
Even if the repair is done well she has lost faith in its reliability. Plus surely such a repair will devalue its resale value.
 
Mamamia22 said:
Even if the repair is done well she has lost faith in its reliability. Plus surely such a repair will devalue its resale value.
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I am open to correction but my understanding is you are not obliged to tell the garage about the repairs when trading it into a new garage . They will unlikely to notice the repair job.
 
Mamamia22 said:
Even if the repair is done well she has lost faith in its reliability. Plus surely such a repair will devalue its resale value.
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Then the best option is to do as suggested by @Introuble83 earlier, allow the garage to complete the repair and then look to trade it in against a new car with that or any other garage. If the repair is done correctly it should in no way devalue the car.
 
Introuble83 said:
I am open to correction but my understanding is you are not obliged to tell the garage about the repairs when trading it into a new garage . They will unlikely to notice the repair job.
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In response to direct questions, the expectation is that the vehicle owner tells the truth.

"Strange you're trading in a year old car with low mileage, how come the sudden change?"

"Did you find it reliable and comfortable?"

Personally, even if it was a complete engine swap, I wouldn't touch it. If the manufacturer didn't do it right the first time, what are the chances they'll simply rinse and repeat.
 
Mamamia22 said:
Plus surely such a repair will devalue its resale value.
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Surely the opposite, no? If fitted with a brand new crankshaft with all new gubbins and widgets associated. All those components will have 0km usage on them compared to the nearly 10k km of wear on the current parts.
 
With the lack of supply,most car dealers will do a visual check on any trade in and that be about it.
They can’t seem too get decent trade ins in any volume these days.
 
Pinoy adventure said:
With the lack of supply,most car dealers will do a visual check on any trade in and that be about it.
They can’t seem too get decent trade ins in any volume these days.
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Exactly . They give you a value of a trade in over the phone . They are delighted to get them in and will offer a great price . Prob very similar to what the OP paid.
 
She does not want to trade it in at a different dealership. The car was the sport version with extra trims, large alloys etc. There are no similiar models onsite. Also there is PCP finance in place with a 5 year loan to run. Is she still entitled to a cash refund?
 
I suspect not . I’ve never heard an example of a dealer refunding a customer for a faulty car . You would likely need a good solicitor and plenty of patience .
 
As I've stated in post #7 above, the legislation is very clear, and she is not entitled to a refund.

Why would a high spec level be a barrier to trading in? It sounds like she has a mistaken belief that she should get all her money back a year after purchase.
 
The high spec is just a barrier to getting a like for like replacement. There is very little to choose from on the forecourt.
 
Bear in mind the following. I am looking at a new car and am being told a delay of a year at the moment.

I've seen similar one-year-old models on the forecourt on sale the same as I'm being quoted for a new delivery in a year.
 
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