Dealing with a dealership
October 12, 2023 2:40 AM Subscribe
I am looking for some advice regarding a car purchase/repair.
I bought the used car in April 2022.
In August 2022, I went to a garage to have it looked at as I had noticed a rattling noise coming from underneath that had become increasingly noticeable, especially when driving over rough ground (I recall it being present from the time of purchase). They diagnosed failed engine mounts. As it was still under the 6 months warranty from the dealership, the dealership agreed to repair the engine mounts. I was told new parts had to be ordered first. After the work had been done, I still noticed the rattling sound but it wasn’t as loud. It did get louder as the months progressed, particularly when driving over rough ground.
I took it to a garage in September 2023 who diagnosed failed engine mounts.
I approached the dealership who sold me the car and who carried out the repair in September 2022. They said that as the repair was over 12 months ago (just) they couldn’t help. After reading some information online, I found that under Consumer Rights I could make a claim on either one of the following:
- The failed engine mounts were present when I bought the car (but how would I prove this) and therefore I would be entitled to a full refund.
- The car repair in September 2022 has not lasted a reasonable amount of time which overrides any guarantee period.
I wrote to the dealership stating the second reason for the claim.
I heard back from them in the form of an email from the Sales Manager who said they had tried to ring me and are contacting me as they “would like to touch base regarding the purchase of my vehicle.”
I am not sure how to proceed now.
I would like to keep communications via email so that I have a record of the evidence but also because I am not confident on the telephone or in arguing my case in person.
How should I respond to this email? Should I just reiterate that I would like to make a claim under the Consumer Rights Act even though they have already received that once as it would have been forwarded to them from Customer Complaints.
I am aware of my own shortcomings in all of this.
TIA
I bought the used car in April 2022.
In August 2022, I went to a garage to have it looked at as I had noticed a rattling noise coming from underneath that had become increasingly noticeable, especially when driving over rough ground (I recall it being present from the time of purchase). They diagnosed failed engine mounts. As it was still under the 6 months warranty from the dealership, the dealership agreed to repair the engine mounts. I was told new parts had to be ordered first. After the work had been done, I still noticed the rattling sound but it wasn’t as loud. It did get louder as the months progressed, particularly when driving over rough ground.
I took it to a garage in September 2023 who diagnosed failed engine mounts.
I approached the dealership who sold me the car and who carried out the repair in September 2022. They said that as the repair was over 12 months ago (just) they couldn’t help. After reading some information online, I found that under Consumer Rights I could make a claim on either one of the following:
- The failed engine mounts were present when I bought the car (but how would I prove this) and therefore I would be entitled to a full refund.
- The car repair in September 2022 has not lasted a reasonable amount of time which overrides any guarantee period.
I wrote to the dealership stating the second reason for the claim.
I heard back from them in the form of an email from the Sales Manager who said they had tried to ring me and are contacting me as they “would like to touch base regarding the purchase of my vehicle.”
I am not sure how to proceed now.
I would like to keep communications via email so that I have a record of the evidence but also because I am not confident on the telephone or in arguing my case in person.
How should I respond to this email? Should I just reiterate that I would like to make a claim under the Consumer Rights Act even though they have already received that once as it would have been forwarded to them from Customer Complaints.
I am aware of my own shortcomings in all of this.
TIA
What exactly is the process of making a claim under the Consumer Rights Act? And also what are you hoping/expecting to get if you do make the claim - another round of repairs, a buyback of the vehicle, ???
I think it would be good to be clear with the dealership about exactly what you're asking for if you haven't already. Depending on how badly they want to avoid having a Consumer Rights Act claim filed against them they may be willing to offer you all or most of what you want without you actually making the claim.
Also, I'm totally with you on not wanting to talk to a car dealership sales manager on the phone but as long as you're not signing anything you're probably not committing to anything one way or another, even if you express yourself poorly. You can always say, "I can't commit to that over the phone/on the spot, please send me your proposal in writing/let me take this home to review it carefully," or you can send a follow-up email afterwards a phone call and say, "During our phone call, I think I may have given you the impression that [X] was an acceptable solution; I still believe I am entitled to [Y] under the Consumer Rights Act and hope that you will fulfill your obligation as soon as possible."
posted by mskyle at 8:44 AM on October 12, 2023
I think it would be good to be clear with the dealership about exactly what you're asking for if you haven't already. Depending on how badly they want to avoid having a Consumer Rights Act claim filed against them they may be willing to offer you all or most of what you want without you actually making the claim.
Also, I'm totally with you on not wanting to talk to a car dealership sales manager on the phone but as long as you're not signing anything you're probably not committing to anything one way or another, even if you express yourself poorly. You can always say, "I can't commit to that over the phone/on the spot, please send me your proposal in writing/let me take this home to review it carefully," or you can send a follow-up email afterwards a phone call and say, "During our phone call, I think I may have given you the impression that [X] was an acceptable solution; I still believe I am entitled to [Y] under the Consumer Rights Act and hope that you will fulfill your obligation as soon as possible."
posted by mskyle at 8:44 AM on October 12, 2023
Depending on the brand, some engine mounts don't last long, though 12 months would be on the very short end. So unfortunately, I would just get them repaired again and move on.
Eh, I'd recommend a bit more caution here - failing mounts are themselves a pretty simple fix, but having a poorly mounted component (engine, alternator, whatever) jostling around for months can lead to some muuuuuch more expensive repairs to vital areas down the line. If this $200 repair flub ends up causing a $4000 problem down the line, you'll regret not following up on it earlier.
posted by FatherDagon at 11:36 AM on October 12, 2023 [1 favorite]
Eh, I'd recommend a bit more caution here - failing mounts are themselves a pretty simple fix, but having a poorly mounted component (engine, alternator, whatever) jostling around for months can lead to some muuuuuch more expensive repairs to vital areas down the line. If this $200 repair flub ends up causing a $4000 problem down the line, you'll regret not following up on it earlier.
posted by FatherDagon at 11:36 AM on October 12, 2023 [1 favorite]
Eh, I'd recommend a bit more caution here - failing mounts are themselves a pretty simple fix, but having a poorly mounted component (engine, alternator, whatever) jostling around for months can lead to some muuuuuch more expensive repairs to vital areas down the line.
I mean, yes you should get them fixed, but if neither mechanic has suggested a reason why they failed quicker than one might expect, then the answer is they just did, or it's not worth the money and effort to figure out the underlying reason.
Replace them and then make a decision 12 months from now. This might make your brain burn desiring grand vengeance, but in the grand scheme of the things, it's not that expensive a fix and doesn't necessarily suggest anything nefarious is going on, or that they got a lemon. If there was an engine mount backlog the dealership had to deal with, it's very likely that supply chain concerns mean they were made more poorly than average, and a newer set should be ok for 3-5 years.
posted by The_Vegetables at 2:20 PM on October 12, 2023
I mean, yes you should get them fixed, but if neither mechanic has suggested a reason why they failed quicker than one might expect, then the answer is they just did, or it's not worth the money and effort to figure out the underlying reason.
Replace them and then make a decision 12 months from now. This might make your brain burn desiring grand vengeance, but in the grand scheme of the things, it's not that expensive a fix and doesn't necessarily suggest anything nefarious is going on, or that they got a lemon. If there was an engine mount backlog the dealership had to deal with, it's very likely that supply chain concerns mean they were made more poorly than average, and a newer set should be ok for 3-5 years.
posted by The_Vegetables at 2:20 PM on October 12, 2023
So the diagnosis was failed engine mounts, but the rattling noise persisted after they were replaced? It seems like the diagnosis was incorrect in the first place, or the rattling noise would have stopped. It might well be that the mounts were broken, but that may not have been the actual problem.
Engine mounts should absolutely not fail after 12 months. I suggest you get a proper diagnosis made as to the cause of them breaking and, if that identifies an underlying cause, take that to the dealer and demand they correct an issue that existed when they sold you the car. I do wonder if they were happy to pay for the engine mounts in the knowledge that it would mask a different issue until the warranty period ran out.
posted by dg at 7:01 PM on October 12, 2023 [1 favorite]
Engine mounts should absolutely not fail after 12 months. I suggest you get a proper diagnosis made as to the cause of them breaking and, if that identifies an underlying cause, take that to the dealer and demand they correct an issue that existed when they sold you the car. I do wonder if they were happy to pay for the engine mounts in the knowledge that it would mask a different issue until the warranty period ran out.
posted by dg at 7:01 PM on October 12, 2023 [1 favorite]
Response by poster: Thank you for these answers - they have all been very useful to me. I am trying to get the dealership to do the repairs for free. If they don't agree, I won't be pursuing it any further, the car isn't worth that much, although the cost was a fair amount to me personally.
posted by charlen at 12:35 PM on October 13, 2023
posted by charlen at 12:35 PM on October 13, 2023
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posted by The_Vegetables at 7:20 AM on October 12, 2023