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ETM Issues Discuss issues regarding the problems with ETMs fitted to Volvo cars.

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ETM Court Case

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Old Jan 5th, 2007, 14:47   #21
chrisoftheday
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Default Advice on stance to take against Volvo re: ETM failure

Andy,

I am in a similar situation to yourself and am very happy to go to court if need be but I would prefer to present VolvoUK with a cast iron argument that would prevent the need for this (and to get the work done FOC of course).

My big question is about the age and natural wear and tear argument the dealer is presenting to me. My 2001 V70 2.3 TD is an Ex Police Vehicle and has done 128,000 miles. I have had it since November 2004 and the fluctuating idling (described by my usual service engineer - non-Volvo specialist! - as nothing serious) was going on for a few months before the real problems started in November 2006.

The dealer is saying that VolvoUK will offer 20% towards the part and labour but is also telling me that the front (and possibly rear) oxygen sensors may also need replacing (£180 plus EACH plus labour) AND they won't be able to actually tell me whether this IS necessary until AFTER the ETM issue is solved. These sensors are located near the manifold and removal could affect the downpipe to the catalyser and more problems and costs could follow.

I've suggested these sensors may be failing due to a knock-on effect of the faulty ETM but they deny this (of course). They have done the software upgrade and are charging me £94 plus Vat for the time and labour spent on the diagnosis so far.

Could you or anyone else on the Forum (sorry, I'm not sure if EVERYONE gets to see this) give me any information that I can use to make my case as concrete as possible before I call VolvoUK direct?

Thanks

All help gratefully received.


Chris
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Old Jan 7th, 2007, 05:11   #22
Zota
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Last Online: May 15th, 2012 09:32
Join Date: Sep 2006
Location: Sydney
Default Not Fit For sale

Not fit for sale was the crux of the claim in the court.
As a carbon potentiometer is exactly the wrong component to use in such
an application, it is very definately not fit for sale.
No doubt may of you have heard crackles when you turn the volume control on a radio. Well thats what is happening with your ETM. Imagine what problems the computer has trying to decide what to do when it receives signals like that.

I want to know if the after 2002 ETMs still use carbon potentiometers.
I will take a small bet that they do. The ETM body looks identical.
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Old Jun 24th, 2007, 00:28   #23
jackthehat.co.uk
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Last Online: Sep 3rd, 2019 12:10
Join Date: Jun 2007
Location: Cumbria
Default

I have used the services of the small claims court before successfully so here are a few facts you might like to know.

When you have filled in the form and the defendant is summoned they have only 3 options:

1. Ignore summons. Result: You win the case and they must pay in full
2. Admit liability and pay in full. Result: You win the case and they pay in full
3. Fight the case. Result: Even if the worst happens and you lose the case, all you can lose is your initial application fee (as little as £30). The other side have to pay all their own expenses even if they win the case.

Also, if you win the case and the defendant refuses to pay up you can pay an extra fee to enforce the judge's decision. That basically means that the bailiffs go in on your behalf and get all your money including the extra fee you have just paid. The most satisfying part about this is that if the defendant owes you, say £1000 then the bailiffs will lift roughly £4000 worth of stuff from the defendants property because it will be auctioned for less money and the bailiff also has to take his cut which can be a hell of a lot of money. Also, the defendant then gets a county court judgement against his/her name (that's those CCJ's you keep hearing about on those cheesy loan adverts).

To cut a long story short, if you think you have a good case then you have very little to lose. The simple action of summoning someone can make them immediately pay their debt to you.

Someone hit our hire car last week and took off. I got their details from CCTV and although I have contacted them and asked for damages they are trying to get out of it. They have already admitted liability to the police so I know I have a water-tight case. If they don't pay up within the next 2 weeks I will be sending off my summons for a mere £30. I relish the thought of it!

Good luck folks!
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