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Thread: Dealer / VX Rant over broken A/C

  1. #1
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    Angry Dealer / VX Rant over broken A/C

    A couple of months ago, I had problems with the A/C on my 06 Signum and it was repaired (after 2 attempts) under warranty with a new condenser seal and a re gas.
    Last week, I had to take the heavily pregnant (8 1/2 months now) Mrs on a 300 mile commute to Essex to see her dying grandfather. Needless to say, it was hot and on went the A/C - but it was blowing out warm air......AGAIN!!! 2 Months had passed since Lookers in Birkenhead had fixed it.
    Took it in yesterday and they said that the condenser was knackered and needed replacing. Told them to sort it themselves because it had been reported prior to the warranty expiring. They said that the condenser was fine 2 months ago and it had only failed recently.
    I saw my **** at this point and got onto Vx customer care and they only offered a 30% contribution to the work.
    Got copies of the work that Lookers did this time and last time, and I cant see any evidence of the dye test they use to test for leaks. This does not appear to have been done last time when it was in warranty.
    Should I just admit defeat and leave it without A/C (simply cant afford £200 odd) or do I have a case to potentially take it further??

    Your thoughts?
    Last edited by Big-Pete; 31st May 2009 at 23:41. Reason: swear filter bypass

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    Regular Member pogo's Avatar
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    sadly mate just usual vauxhall customer care really annoys me that these numpties get away with murder!

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    I have got copies of the Tech Job sheets, and nowhere on the last job (apparent broken seal) is there any mention of a dye test being completed. I reckon that this could have showed up the knackered condenser.

    I can tuse the car in this warm weather now, as the Mrs is sooooo uncomfortable in this heat. Its so frustrating. Never had a unit fail this early.

    Starting to lose faith in Vx now.


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    Sadly it could be your fault. the manual tells you to use the A/C system at least once a month to ensure that everything is lubricated and the seals don't dry out, (if you have ECC it will do this every few hundred miles for you) so if it really has been months since you used it...

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    I use the A/C fairly frequetly to demist the screen etc etc, and it has been working ok. But when the heat gets hot, the Air Con cant produce!!!

    Looking at possibly trading standards to kick start things

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    do you know in law your warranty is 6 year if its not a wear-and-tear and its a defect

    it will **** the dealer right up when you tell them to sue you and they cant keep your car untill payment,,,,, if they try that one phone the police and get them charged

    """ that your rights and they will never tell you that you can do what you can ""
    Last edited by Big-Pete; 31st May 2009 at 23:42. Reason: swear filter bypass

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    Quote Originally Posted by chrisgettings View Post
    do you know in law your warranty is 6 year if its not a wear-and-tear and its a defect

    You sure about this Chris? I'd like to know if someone has ever tried this stance and it worked.

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    Quote Originally Posted by signum_1.9 View Post
    Took it in yesterday and they said that the condenser was knackered and needed replacing. Told them to sort it themselves because it had been reported prior to the warranty expiring. They said that the condenser was fine 2 months ago and it had only failed recently.
    How was the condenser damaged? If it's been punctured by a wayward stone then its classed as the same as when one cracks your windscreen - an act of god and the warranty won't cover it.

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    Quote Originally Posted by chrisgettings View Post
    do you know in law your warranty is 6 year if its not a wear-and-tear and its a defect

    it will sh?? the dealer right up when you tell them to sue you and they cant keep your car untill payment,,,,, if they try that one phone the police and get them charged

    """ that your rights and they will never tell you that you can do what you can ""

    This is SO NOT true.

    The sales of goods act describes good that should not fail within a reasonable time for that item (It doesn't specify what reasonable means though). The 6 years comes in because you can make a claim under the SoG act if the fault become apparent within 6 years. It does NOT mean that everything should last 6 years.

    Heres a summary of the SoG act

    Sale of Goods legislation summary


    Introduction

    UK law on sale of goods is set out principally in the Sale of Goods Act 1979 (as amended in 1994). The Act was recently amended by the Sale and Supply of Goods to Consumers Regulations 2002, to provide consumers with additional remedies. This Guide briefly explains the operation of the law.
    The Sale of Goods Act applies to all buyers but consumers are entitled to a greater range of remedies. “Consumers” are defined as people who are buying for purposes not related to their trade, business or profession. The Act does not apply to services in general.
    When goods are faulty, buyers can generally only obtain a legal remedy against the retailer. Buyers are not usually able to claim directly against the manufacturer. Consumers may have additional rights under any guarantee supplied with the goods or against a credit card company or finance house if the goods are purchased by means of credit and have a price of over £100.

    A Simple Summary (see attached flow chart)

    Buyers are entitled to goods of satisfactory quality, taking account of any description, the price and other relevant circumstances. If an item has a fault that is present at the time of sale (which may be a “latent” or “inherent” fault), the consumer can complain once it is discovered.

    Buyers cannot expect a legal remedy in respect of:
    • fair wear and tear;
    • misuse or accidental damage; or
    • if they decide they no longer want the item.
    Similarly, buyers cannot expect a legal remedy where goods have faults that they knew about before the sale or that should have been evident on reasonable inspection.

    Remedies

    If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:
    • a full refund, if this is within a reasonable time of the sale (“reasonable time” is not defined in law but is often quite short); or
    • a reasonable amount of compensation (or “damages”) for up to six years from the date of sale (five years after discovery of the problem in Scotland).
    This does not mean all goods have to last six years! It is the limit for making a claim in respect of a fault that was present at the time of sale. It is not equivalent to a guarantee. These rights are long-established rights.
    Alternatively, consumers (see definition in introduction above) can choose to request instead:
    • a repair or replacement.
    The retailer can decline either of these if he can show that they are disproportionately costly in comparison with the alternative. However, any remedy must also be completed without significant inconvenience to the consumer. If neither repair nor replacement is realistically possible, consumers can request instead:
    • a partial or full refund, depending on what is reasonable in the circumstances.
    It may be the case that a full refund is not the reasonable option because the consumer will have enjoyed some benefit from the goods before the problem appeared. This needs to be taken into account before a reasonable partial refund can be assessed.
    As illustrated in the attached flow chart, consumers can switch between certain remedies if they find they are getting nowhere down the route originally selected. However, they would have to give a retailer a reasonable time to honour a request before they tried to switch, and they could never pursue two remedies at the same time.

    Proving the fault

    Generally, the consumer needs to demonstrate the goods were faulty at the time of
    sale. This is so if the consumer chooses to request an immediate refund or compensation (damages). It is also the case for any product returned more than six months after the date of the sale.
    There is one exception. This is when a consumer returns goods in the first six months from the date of the sale, and requests a repair or replacement or, thereafter, a partial or full refund. In that case, the consumer does not have to prove the goods were faulty at the time of the sale. It is assumed that they were. If the retailer does not agree, it is for him to prove that the goods were satisfactory at the time of sale.

    Other situations covered

    The remedies of repair, replacement, partial refund and full refund are also available to consumers:
    • where installation by the retailer is not satisfactory;
    • where installation instructions have serious shortcomings;
    • generally where a good does not match the public statements made about it by the retailer, manufacturer, importer or producer; and
    • where a specially commissioned product has relevant failings.
    These are greatly simplified explanations and they are expanded on in the separate Guidance Note entitled “A Trader’s Guide”.

    Alternative dispute resolution

    Although consumers do sometimes take court action, in day-to-day practice this is a rare event. In the vast majority of cases, the consumer and retailer are able to reach a satisfactory solution without any need to consider going to court. Where this is not possible, use of an alternative dispute resolution procedure or trade association scheme can be considered. Details may be sought from the retailer, the Community Legal Service or a Citizens Advice Bureau.
    Consumers can obtain free advice from their local Citizens Advice Bureau (http://www.citizensadvice.org.uk/);
    their local council's Trading Standards Department (http://www.tradingstandards.gov.uk/);
    the OFT’s Shoppers Guide publication (http://www.oft.gov.uk/News/Publicati...Ordering.htm);
    the Community Legal Service (http://www.legalservices.gov.uk/);
    the Which? Online/Which? Legal Service (http://www.which.net/ ) and solicitors (who may charge).

    The DTI is not able to intervene in individual disputes.

  10. #10
    Regular Member Ste's Avatar
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    Quote Originally Posted by Ste View Post
    For a flow chart

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