Faulty Volvos

[cumbrianmale]

Too many gremlins, I wonder if this was flood damage prior to registration?

[4wheeldriver]

According to Doves when i enquired about an XC90 active model they came back and offered me the SE as "just come in to stock and can do them at a better price with better spec". When I was reading the serice book for it digging out info for the solicitor about the warranty it was, in fact, delivered to Doves in Horseham on the 27/03/2008!! Been lying somewhere for 7 months before I bought it despite being assured in an email it was the new model. Could easily have had water ingress if its been sitting somewhere uncovered for 7 months!!

[foggyjames]

I did recently hear that later phase 2 V70s had their Central Information Ministry...I mean Module...relocated from somewhere inside the car to somewhere in the (water) drain area for the windscreen...or something like that. Either way, later P2 V70s are more prone to 'silly' electrical problems like instrumentation faults than earlier ones.

Perhaps Simon's suggestion isn't that far fetched...?

cheers

James

[4wheeldriver]

Originally Posted by foggyjames

I did recently hear that later phase 2 V70s had their Central Information Ministry...I mean Module...relocated from somewhere inside the car to somewhere in the (water) drain area for the windscreen...or something like that. Either way, later P2 V70s are more prone to 'silly' electrical problems like instrumentation faults than earlier ones.

Perhaps Simon's suggestion isn't that far fetched...?

cheers

James

JAmes

if they ever get round to this promised loan car then i might be able to find out!!! lolol Couple of days has turned into 5 so far!!!

[4wheeldriver]

Well so far the "nice" lady at VCUK cant locate a car for me. What a shock. in the meantime im stuck with no transport!! Well unless I get my mother to run me around that is which is less than suitable!! Well I suppose they'll get round to it eventually. Thats the XC been off the road for a week now!!

[4wheeldriver]

WOOHOO!!! They finally found a loan car. It'll be on Tuesday, or maybe Wednesday if the engineer cant do the Cambridge to Aberdeen journey in a day, but it might be Thursday. She'll get back to me with a exact date later. Used to be indecisive but I dont think she's so sure now.............. That makes it nearly 3 weeks since the car went off the road if its next Thursday. Why oh why did I buy an XC90??? Anybody know a cure for terminal boredom after sitting watching daytime Sky telly for 3 weeks?? Other than suicide that is?? lol

[PaulR]

What car are you going to buy if you get a full refund ?

Another Volvo ?

[rippedoffagain]

Ok, I haven't read every single post so I'm not sure how far you've got, but here's the relevent law:

Sale of Goods act 1990 (as amended)

In summary, "goods must be as described, of merchantable quality and fit for their intended purpose". For a new car with the faults you desrcibe, I suspect that it is none of those three things.

This means that the seller (the dealer, not Volvo HQ) is in breach of contract (implied terms - the implied terms being compliance with the Sale of Goods act, and superseding anything in the written contract of sale).

Because the seller is in breach of contract (goods not fit for purpose etc), the buyer has the right to choose one of the following three options. A full refund in return for the faulty item, an effective repair, or a replacement. The key bit here is that it is the buyer's choice and not the sellers.

If the case was to go to court (ie you take it to court), the fact that you have offered the seller several chances to rectify the problem and they have persistently failed will go strongly in your favour.

If you do choose the legal route, you must warn the seller of your intention to do so and give them a reasonable time to offer a satisfactory alternative. A reasonable time is considered to be 7 to 14 days. You must also detail why you are taking the action and what you intend to claim from them. It is at this time that you warn them that in addition to the price of the vehicle, you will also be looking to recover all your other costs relating to the matter, including loss of earnings for time off work to attend court, cost of hire vehicles etc.

Unfortunately for such a high value case the small claims procedure won't apply. You would need to apply to the local court for the case to be heard. Fortunately however most sellers count on the fact that most people don't know their rights, and have an ingrained fear of legal process. Once they realise that you are serious, they will usually back down and sort it all out for you, as it is too costly for them to fight a case they can't win.

Good luck, and hope its sorted soon.

PS. I had a similar legal battle over a car a few years ago. It was resolved before it got to court, but only because I stood firm and didn't letting them see that I was stressed to the core inside.

[4wheeldriver]

I have no idea at the mo. Dont think it would be a Volvo again after all the nonsense, crap and plain ignorance Ive put up with. Has to be summat big enough to pull the caravan though. Thats the problem I have. One things for sure I wont be buying anything from the Motorparks, Summit or whatever other names they use for the parent co of Doves.

[4wheeldriver]

Originally Posted by rippedoffagain

Ok, I haven't read every single post so I'm not sure how far you've got, but here's the relevent law:

Sale of Goods act 1990 (as amended)

In summary, "goods must be as described, of merchantable quality and fit for their intended purpose". For a new car with the faults you desrcibe, I suspect that it is none of those three things.

This means that the seller (the dealer, not Volvo HQ) is in breach of contract (implied terms - the implied terms being compliance with the Sale of Goods act, and superseding anything in the written contract of sale).

Because the seller is in breach of contract (goods not fit for purpose etc), the buyer has the right to choose one of the following three options. A full refund in return for the faulty item, an effective repair, or a replacement. The key bit here is that it is the buyer's choice and not the sellers.

If the case was to go to court (ie you take it to court), the fact that you have offered the seller several chances to rectify the problem and they have persistently failed will go strongly in your favour.

If you do choose the legal route, you must warn the seller of your intention to do so and give them a reasonable time to offer a satisfactory alternative. A reasonable time is considered to be 7 to 14 days. You must also detail why you are taking the action and what you intend to claim from them. It is at this time that you warn them that in addition to the price of the vehicle, you will also be looking to recover all your other costs relating to the matter, including loss of earnings for time off work to attend court, cost of hire vehicles etc.

Unfortunately for such a high value case the small claims procedure won't apply. You would need to apply to the local court for the case to be heard. Fortunately however most sellers count on the fact that most people don't know their rights, and have an ingrained fear of legal process. Once they realise that you are serious, they will usually back down and sort it all out for you, as it is too costly for them to fight a case they can't win.

Good luck, and hope its sorted soon.

PS. I had a similar legal battle over a car a few years ago. It was resolved before it got to court, but only because I stood firm and didn't letting them see that I was stressed to the core inside.

Its already in the hands of a solicitor to deal with but cant do any more till we get the above mentioned loan car so they do inspection on it. Volvo doing safety inspection on a dud Volvo. Who said the fox looking after the chcken run????? lolol