problems with new s40

[manjit]

dear all

first post on the forum

my wife's s40 bought in mid jan keeps breaking down, it wont start and it has done this on 4 occasions in the 8 weeks we have had it

its now at the dealers for the 3rd time and i have told them to keep it and return my money or let me have a new car

i am waiting for the dealers to get back to me but in the meantime i would appreciate any words of advice or assistance that you may have to offer

many thanks

[don kalmar union]

THere seem to be a good few problems arrising like yours.

Best remedies are:

Get onto Volvo UK in MARLOW and hit them hard.

Otherwise, if your car is on finance, stop paying the Finance Company...but keep the car locked up...that should bring Volvo UK or their dealer to heel.

Don.Norchi.

www.kalmar-union.com

TME engineered software UK distributor.

[pyaap]

Hi Manjit,

Welcome to the forum!! I'm sure you'll be able to pick the brains of everyone here for just about anything!

Sorry to hear of the problems with your car. If you bought the car from a dealership, then if you're unhappy with the fact that its broken down on so many occassions, then you are entitled to reject the car because its not fit for the purpose that you require. However, the problem comes with the age of the car. If its brand new (i.e. only registered 8 wks ago) then you have no problem and you're entitled to either your money back or a replacement car. If its a second hand car then getting your money is a little more tricky, eventhough in theory it shouldn't be.

My advice would be for you to think seriously about the matter and push for a replacement if you still want to remain with the marque. The sooner you do this the better because if you leave it too long, it will get more difficult. Your dealer is your contractual partner so they will have to agree to replace the car; don't get palmed off to VCUK because they can't decided and secondly, they will sit on the matter. The cars are good and there is no reason why a replacement will not fulfil your every need and be more reliable. Think twice about giving your dealership another chance to rectify the problem because if it was the other way around, they would not want to know.

Finally, if they agree to replace the car, it should be at no cost to you. I've heard of instances where dealers have said that you have to pay the VAT and others that you have to pay for the mileage; its all rubbish. If they provided a proper car in the first place, you'd not be inconvenienced.

Sorry if these things seem a little bit negative but you have spent a lot of money and deserve to get a reasonable car which you can rely on. As I've said the marque itself is good, its usually the dealers who spoil the ownership experience so make sure you're clear on your statutory rights and push hard for what you want.

[manjit]

cheers guys, i have already been onto volvo uk and they are quite clear in that they cant help me, the car was pre-registered but had only done 15 miles when i bought it, so i guess u can call it pretty much brand new !

i still like the cars and the brand and its values, i just dont want that car back at all, its a lemon as far as i am concerned

i have written to the dealers and told them if they dont replace it or give me my money back (no finance agreement) i will sue them

i hope it doesnt come to that as it will just bring on a load of stress, something i want to avoid hence the reason for buying a "new" car

[don kalmar union]

Manjit,

A senior Volvo UK man of my aquaintance admits that they have some pretty poor dealers.

You have got to get back to them.

Try some of the motoring press.

Get into the dealer mid Saturday morning and make a lot of noise in their showroom.

Let us know on this forum which dealer is giving such bad service.

Don.Norchi.

www.kalmar-union.com

TME engineered software UK distributor.

[manjit]

don, i am awaiting a call back this morning from the dealers as to what their decision is, whatever happens i am not accpeting the car back as we have lost all faith in it, i will keep you all posted

to be honest its not the dealers fault (yet) so i dont want to give their name, although i feel they could have handled my complaint better, i have paid them a lot of money for a car with which i am not satisfied

[v6en]

I wouldn't have it back either if these are the problems you are having after a handful of miles!

May i reassure you that not all S40's are like this, mine is the most reliable car i've ever had. i usually trade cars in when they're headed for 50,000 miles, but my S40 has done over 70,000 now and i'm so attached to it that i think i'll keep it till it dies.


I hope you get this sorted out. it may be worth putting up the details of engine size and model of your car etc, in case it turns out that there are other owners on here who have experienced similar problems. If it transpires that your car was in a bad batch then maybe it would strengthen your chances of getting the car replaced.
on the down side, it can sometimes be the case that as long as the dealer is seen to be attempting to repair the problem, you have no choice but to plod on.

I would find the top dog and bend their ear about it; and mention Watchdog a few times ;)

jacq.

[pyaap]

Hi again Manjit,

Actually Jacq has an excellent point. Is this the 'new' S40 or was it a pre-registered 'classic' S40 because I've still seen some of those on sale at dealerships too; I'm guessing it was the former. If you post some details, especially engine model then others may be able to share their experiences with you.

If indeed yours is the latest model, then you're not alone, I know of a number of owners worldwide who experience the same problem (Volvo are working on a software fix as we speak). If its the classic model, then Volvo have a fix which does actually work 99% of the time, only not if its a hardware issue with something else.

However, since you've made your stand quite clear, stick with it and you will get what you want; it really does pay to be persistent and exercise your statutory rights.

[don kalmar union]

Good day Mamjit,

www.vvspy.com is a good place to get a very broad view.

An English language site run by a Belgian with an international community.

Don.Norchi.

www.kalmar-union.com

TME engineered software UK distributor.

[manjit]

thanks guys, it was the new shape s40 2.0 d se

the sales manager called me back and said that he would let me have a response to my letter which i gave him last saturday in which i rejected the car and asked for a refund or replacement, he was a bit of an ****** when he spoke to me and asked me to confirm in writing that i would be willing to accept a faxed response from him !! anyway, here is the text of the fax i sent to him :- (sorry about the long post)


I write further to our telephone conversation and enclose a copy e-mail which I have forwarded to you, the “read receipt” for which I have not received.

In case of any error in the address I am therefore faxing this to you too.

Please let me have your urgent responses to the final paragraph, if {the dealership} are a member of any Society that can assist to resolve this issue then I require immediate confirmation of the same, we will not entertain any arguments in relation to unnecessarily incurred legal costs in due course if you fail to disclose such information by return.

Please note that I have arranged an appointment with my legal advisors on Tuesday morning and failing a satisfactory response we will be seeking to issue County Court proceedings for breach of contract and seeking the return of our money or a replacement vehicle.

I also wish to confirm that I am not accepting your argument that we have failed to mitigate any inconvenience that this situation has caused and will be seeking additional damages for loss of use, inconvenience, distress, interest and of course legal costs. I reserve the right to add further heads of loss in due course.

When writing to me I trust that you will let me have details of the Solicitors upon whom you wish Service of proceedings to be effected.

I am not willing to speak with you on the telephone any further, please communicate with us in writing.

I also wish to inform you that failing a satisfactory response I shall be forwarding details of my plight to :-

Trading Standards
Volvo UK
Volvo Sweden
{dealership parent company}
My local Member of Parliament

In addition to this I will also highlight the problems that I am having and seek assistance from the following :-

Watchdog
Auto Express
Which Car Magazine
Car Magazine
Top Gear

The above is not an exhaustive list of organisations to whom I will turn to for assistance.

Should you have any queries, please obtain legal advice.

I look forward to hearing from you.

[pyaap]

Looks like you have all your bases covered so they should back down. If they don't ask for a print out of all the work they've done to the vehicle thus far, which you can use to support your case if you wish to initiate proceedings. If they refuse, any dealer will be able to provide you with the same. In the meanwhile, do make sure you have a pretty good idea of what replacement vehicle you would like (assuming its not a refund). When I went through this process, I was asked to make a then-and-there decision on exactly what I wanted because if it is going to be a factory build, they will be allocating a car which is very near production, which you will not be able to change the specs on once you've decided.

[manjit]

cheers, i hope it works, i want exactly the same car, options were : pearlescent paint, rear park sensors, winter pack and 17" alloys from the V50, i have already told them that i am willing to be flexible on exterior and interior colours, if they can not match it then i want the cash back (hopefully) i dont mind being put on the spot as i have studied the brochure pretty much inside out and know exactly what i want

[manjit]

don, i went on the vvspy.com forum and it appears to be quite a common problem and one which doesnt seem to have been resolved yet, thanks for the tip, if i have to sue then i will use this to show that the car suffers from a defect which can not be repaired, thus re-inforcing my case that the car is not of satisfactory quality

on a different note, i am now concerned that any replacement car i have will also suffer from the same defect, not too sure if i actually want to have a replacement now....

anyway, will have to see what the sales manager says on tuesday - best case scenario = money back, worst case scenario = refusal to accept rejection of vehicle

i will definitely keep you posted, any further comments greatly appreciated, thanks for the help so far guys :o)

[manjit]

update

the dealer didnt accept that i could reject the car as he said it was still "satisfactory quality" - i still disagree, however as a gesture of goodwill he said he will source me another similar vehicle

i havent agreed to anything yet, i just asked him to let me have the list of potential cars and i said i would take it from there !

hopefully there will be a decent match in the list - the only problem is that it appears that the GAP and tyre insurance aren't transerable !

[v6en]

how are you getting on? chosen a new car yet?

jacq

[manjit]

thanks for asking jacq,

they faxed over a list of vehicles, none of which were a 2.0d se, let alone with any options that i had, so i sent him a fax saying i want my money back, i gave him 7 days after which time i will sue him, i aint gonna let him get away with trying to give me a 2.0d s version, after all i paid for an se !!!

i also had my solicitor write to him today asking upon whom court proceedings should be served, i have legal expenses insurance so i'm not too fussed about the costs that will be incurred, in for a penny in for a pound !! basically, i dont care now how much it costs me i'm gona stick to my guns

i hate to say this, but if i get my money back i dont think i will get another volvo, this has been a really sour experience for me and has caused me no end of stress, its the mrs' car and she is rightly a little p'd off at being without wheels and therefore reliant on me for a lift everywhere, as you can imagine, its caused more than a little stress in the relationship :(

the car itself, fit, finish and build quality was great, as good as my bmw, but this engine trouble and the attitude of the dealer has really put me off the cars

oh well, thats my little rant over, lets wait and see !

i will keep you all posted - thanks for the help guys !

[v6en]

Thant's a real shame, if the attitude of the dealer had been better he might at least have saved your custom, but all to often they have attitude problems which put people off.

i hope you get your money back without to much ado.

jacq.

[manjit]

update

i have now instructed my solicitors to commence court action as the replacement vehicles offered were s40 d s and not se's !!

anyway, i am now having to sue them to get my money back, or a new car to exactly the same spec, i dont care what it costs now, i will make a stand out of principle !

(and before u say it, yes i am willing to put my money where my mouth is)

i have legal expenses insurance who havent yet confirmed that they will cover the costs of the case (no doubt they will find some sort of loophole !) :(

i cant believe that my complaint couldnt be handled in a better manner, no matter what now i will never go back to that dealer - as far as i am concerned they are only concerned getting the car outa the showroom, with no real consideration for the individual

what a situation to be in, wouldnt wish it on anyone !

[alfonzobonzo]

that sucks!

i hope you succeed.