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[pscocoa]

Long story short - Jan 2016 crankshaft pulley on Phaeton collapses - new crankshaft pulley fitted by VW dealer Inchcape in Stockport - guaranteed for 2 years. April 2018 crankshaft pulley fault again new one fitted by my usual dealer in Camberley as that was where car failed. I am claiming inherent fault under Sale of Goods Act. Inchcape say I need to prove inherent fault. Quick word with Which and apparently all I need to do is to get an expert opinion to say that there is nothing I could have done which caused this pulley to fail. Seems a bit obvious but any thoughts if dealer in Camberley decides not to get involved in the dispute and give me such a letter as they will be in VW bad books?


I still have my Resolver case but seems I will need some additional evidence to argue inherent vice/unfit for purpose.

[Doctor Gollum]

Two year warranty is generous.

Possibly grounds for some goodwill towards the cost of the 2018 part given that it (the 2016 part) failed within three months of the replacement part warranty. This should be reasonably readily available from either the Inchcape or Camberly VW as it would ultimately be paid to a claim with VW directly.

I would fully expect to pay Camberly's labour bill unless you can unequivocally prove that they broke the 2016 part through negligence.

Had it been taken back to Inchcape in Stockport immediately following the failure of the 2016 pulley then you could have reasonably expected reimbursement towards both the replacement part and the labour.


Being a completely different dealer group I very much doubt that Martin's will be either interested in or be legally obliged to be paying out to rectify a defective part which has failed out of warranty, especially when fitted by another dealer group.

You could try the 'long standing customer looking to be changing vehicle soon' card, but don't hold your breath...

[Viral_Jim]

Maybe look at getting an Independent Technical Report....

https://www.themotorombudsman.org/consumers/independent-vehicle-reports


It will cost you, but if you're going this far then doubtless it will end up in some form of court anyway, so just claim back the cost. 

[Viral_Jim]

Being a completely different dealer group I very much doubt that Martin's will be either interested in or be legally obliged to be paying out to rectify a defective part which has failed out of warranty, especially when fitted by another dealer group.

You could try the 'long standing customer looking to be changing vehicle soon' card, but don't hold your breath...

The Sale of Goods Act requires that items and services provided are of satisfactory quality and work for a suitable period - which can be up to 6yrs iirc. Warranties don't come into it, and the garage can't contract out of the Act.

Get a report, sue the first dealer for your costs. Simples 

[dave the builder]

Crankshaft pulley failing in what way ?
is it the rubber de-laminating between inner and outer metal component ?
as in harmonic damper pulley failure ?
is it a well documented fail on the internet (other cases of the same component repeatedly failing ?)
I had to pay for an independent motor vehicle engineers report for the claim against the clutch cowboys, which i claimed back  .

 

[pscocoa]

Maybe look at getting an Independent Technical Report....

https://www.themotorombudsman.org/consumers/independent-vehicle-reports


It will cost you, but if you're going this far then doubtless it will end up in some form of court anyway, so just claim back the cost. 

Thanks - might give them a call but hope they do not want £199 + VAT. The dispute is only £400+ but it was the principle of it. There is no issue at all with Martins Camberley - in fact they probably did the repair with a bit of discount.

[pscocoa]

Being a completely different dealer group I very much doubt that Martin's will be either interested in or be legally obliged to be paying out to rectify a defective part which has failed out of warranty, especially when fitted by another dealer group.

You could try the 'long standing customer looking to be changing vehicle soon' card, but don't hold your breath...

The Sale of Goods Act requires that items and services provided are of satisfactory quality and work for a suitable period - which can be up to 6yrs iirc. Warranties don't come into it, and the garage can't contract out of the Act.

Get a report, sue the first dealer for your costs. Simples 

Yes it is this 6 year Sale of Goods I am operating under Already put it to Inchcape but they are saying I need to prove inherent defect

[pscocoa]

Crankshaft pulley failing in what way ?
is it the rubber de-laminating between inner and outer metal component ?
as in harmonic damper pulley failure ?
is it a well documented fail on the internet (other cases of the same component repeatedly failing ?)
I had to pay for an independent motor vehicle engineers report for the claim against the clutch cowboys, which i claimed back  .

yes spot on - the Camberley repair states "Vibration damper sheered".

[Viral_Jim]

Yes it is this 6 year Sale of Goods I am operating under Already put it to Inchcape but they are saying I need to prove inherent defect

Tbh that's the flip side of what which were saying. If you prove you didn't / couldn't have done anything wrong with the part, all that remains is inherent defect or failure to fit correctly.

Given that civil actions are done on the balance of probabilities, the other evidence of failures on the internet is worth noting as it may be persuasive.


FWIW if it were my car:
In all likelihood, for £400 they wouldn't go to court anyway. I'd be tempted to wing it. Tell them what you want, threaten to sue them, lodge your case with the small claims court using the "evidence" of a high number  of similar failures. They won't be able to instruct a lawyer for £400 and will pay you as a "gesture of good will".

Not playing with a straight bat, but I'd put money on it working. 

[Andy H]

Does your alternator have the pulley with an overrun clutch built in?

I found an article (after I had changed SWMBOs alternator pulley) saying that both should be replaced ifwhen one fails.

(SWMBOs Galaxy has a 4cyl VW TDi engine - I don't know if they share any DNA with your Phaeton engine)

[Lizzie Zoom]

Your case would be under the Consumer Rights Act 2015 which replaced, along with two others, the Sales of Goods Act 1979.

As you purchased and had fitted the new pulley in 2016, this is the Act you claim under as, your case would be, the part or installation was not of satisfactory quality and failed well beyond what can be considered as a reasonable period of time.  The "2 year guarantee / warranty" has no affect on your claim under the terms of the Consumer Rights Act.  Your small claims court action must be against the immediate original supplier, the dealer, and not against the manufacturer. They can make their own claim against VW if they so wish;)

[pscocoa]

Your case would be under the Consumer Rights Act 2015 which replaced, along with two others, the Sales of Goods Act 1979.

As you purchased and had fitted the new pulley in 2016, this is the Act you claim under as, your case would be, the part or installation was not of satisfactory quality and failed well beyond what can be considered as a reasonable period of time.  The "2 year guarantee / warranty" has no affect on your claim under the terms of the Consumer Rights Act.  Your small claims court action must be against the immediate original supplier, the dealer, and not against the manufacturer. They can make their own claim against VW if they so wish;)

Thanks Lizzie.

[Lizzie Zoom]

Your case would be under the Consumer Rights Act 2015 which replaced, along with two others, the Sales of Goods Act 1979.

As you purchased and had fitted the new pulley in 2016, this is the Act you claim under as, your case would be, the part or installation was not of satisfactory quality and failed well beyond what can be considered as a reasonable period of time.  The "2 year guarantee / warranty" has no affect on your claim under the terms of the Consumer Rights Act.  Your small claims court action must be against the immediate original supplier, the dealer, and not against the manufacturer. They can make their own claim against VW if they so wish;)

Thanks Lizzie.

Pleasure