General: Help!! have I bought a lemon?!?

[krisby]

Originally Posted by Brendan W

Please resist the temptation to go to a third party for the moment. The seller must be allowed reasonable time to respond definitively in order to protect your position.

Or, if you do decide to have it checked independently, don't tell them you have. The garage may want to have it inspected themselves (not convenient for you I know, but realistically, since when is a yard interested in what is convenient for the customer).

So when the yard comes back and says their guy found no faults you can call them on it.

[PaulieOfArrod]

Hmmm. I can understand there is a danger of in the future the garage saying "we didn't get an opportunity to fix it, and then this other party caused more damage".

however, if did just get this gearbox specialist to have a look and then report on what, if anything, they find, but I didn't mention it until / unless it became necesary, wouldn't this be ok? Also, if all they are doing is a flush / fluid change, checking pressures and checking electronic fault records (and if they are reputable gearbox specialists) surely it would be hard for the selling garage to claim they did any harm..

Also, there is surely a hope that a fluid change, and the relevant software update might even resolve the problem??

I don't want this dragging on.

CAB did say that if I am seeking a refund under the Sale of Goods Act then the onus is on me to prove that the fault exists and is not reasonable / is serious. Surely if I get proof of this quickly, then show them that I have it, then I am in a stronger position to insist on a refund. I can then draw a line and move on. I need this sorting quickly.

[krisby]

Originally Posted by PaulieOfArrod

Hmmm. I can understand there is a danger of in the future the garage saying "we didn't get an opportunity to fix it, and then this other party caused more damage".

however, if did just get this gearbox specialist to have a look and then report on what, if anything, they find, but I didn't mention it until / unless it became necesary, wouldn't this be ok? Also, if all they are doing is a flush / fluid change, checking pressures and checking electronic fault records (and if they are reputable gearbox specialists) surely it would be hard for the selling garage to claim they did any harm..

Also, there is surely a hope that a fluid change, and the relevant software update might even resolve the problem??

I don't want this dragging on.

CAB did say that if I am seeking a refund under the Sale of Goods Act then the onus is on me to prove that the fault exists and is not reasonable / is serious. Surely if I get proof of this quickly, then show them that I have it, then I am in a stronger position to insist on a refund. I can then draw a line and move on. I need this sorting quickly.

Initially if you were to go that route, I would only get them to check for a fault, i.e. read if any codes stored, and if they can check fluid level and what ever else they can check without fixing or replacing anything, or even without leaving evidence they have checked.

[Brendan W]

Originally Posted by PaulieOfArrod

Hmmm. I can understand there is a danger of in the future the garage saying "we didn't get an opportunity to fix it, and then this other party caused more damage".

however, if did just get this gearbox specialist to have a look and then report on what, if anything, they find, but I didn't mention it until / unless it became necesary, wouldn't this be ok? Also, if all they are doing is a flush / fluid change, checking pressures and checking electronic fault records (and if they are reputable gearbox specialists) surely it would be hard for the selling garage to claim they did any harm..

Also, there is surely a hope that a fluid change, and the relevant software update might even resolve the problem??

I don't want this dragging on.

CAB did say that if I am seeking a refund under the Sale of Goods Act then the onus is on me to prove that the fault exists and is not reasonable / is serious. Surely if I get proof of this quickly, then show them that I have it, then I am in a stronger position to insist on a refund. I can then draw a line and move on. I need this sorting quickly.

I can't see any objection to an inspection. Doing work is a different matter entirely.
If you had a cast iron case that the action taken by a third party only prevented further damage you might get that to run.
I can see a garage making all sorts of counterclaims about flushing done wrong with the wrong oil and software interfered with or some screw up the specialists made in the last days of the Heath administration etc etc and then you have to prove them wrong.
There is in my mind the possibility that flushing and software could remedy the problem.
Patience is a virtue, by all means apply pressure to the seller.

[RobbieH]

If I'm correct, you also need access to Vida to tell the car the fluid has been changed (autobox fluid change counter reset; something along the lines that the TCM logs the number of times the ATF reaches/exceeds an "optimum" temperature, the box may "adapt" to the life of the fluid).

You must also remember to use the correct ATF spec (JS-3309) and I understand there is a procedure for re-adapting the 'box after a fluid change.

[PaulieOfArrod]

Originally Posted by RobbieH

If I'm correct, you also need access to Vida to tell the car the fluid has been changed (autobox fluid change counter reset; something along the lines that the TCM logs the number of times the ATF reaches/exceeds an "optimum" temperature, the box may "adapt" to the life of the fluid).

You must also remember to use the correct ATF spec (JS-3309) and I understand there is a procedure for re-adapting the 'box after a fluid change.

getting a bit technical for me there I'm afraid.

I've had a call back from Frank at the garage. He wants me to take the car back to him, and he'll give me a courtesty car while he gets it looked at. I'll take it into him tomorrow.

[PaulieOfArrod]

Actually reading that comment again Robbie I think I nearly understand it.

I guess I'm still concerned / more concerned now that a garage like this won't rectify the issue properly for the longer term, so I'm tempted, even if it seems the garage has sorted this, to take it to the gearbox specialist to double check what has been done.

[jgjones095]

hi

I bought my v70xc which turned out to be lemon as you call it at the beginning of the year.
however I got it though ebay so couldnt really take it back to the sellor the other side of the country.

long story short I had autobox issues

changed the mounts which were knackered
changed the fluid which was black

the issues I had was when cold it was ok ish
once hot it kepts on locking up. I also had bump down issues


if you are a novice the repairs will be expensive. about the cost of the car for a box rebiuld.
most places only do this as they dont have time to idenify issues within the box

if you are handy with spanners you can repair it at a fracton of the cost.
soledoids and or valve body replacement.

does yours have geartronic how does it operate with this?

anyhow dont do anything and get it sorted though the dealer.
im repairing mine myself

[oragex]

As a Volvo owner that has read a lot about the issues with this vehicle, I recommend you to return the car. Starting to try to fix a transmission on this car is not only very expensive, but also replacement transmissions have similar issues.

[Norfolk Jim]

Got the 'T' shirt on this one chaps. Not on Volvo but another vehicle.

My son bought car from a local dealer - it was a Ford escort with only 60k on it. Before purchase we arranged with trader to go for a test drive and all seemed fine so my son handed over the hard earned cash £750 to him.

2 days later my son said it felt odd changing gear and sometimes you had to pull gear stick into 4th quite hard. He called garage and told them and chap said 'well it is a old car and these things happen but it was fine when you took it....'

The next day on the way to work the car broke down. I used the AA to tow it back and engineer said 'clutch has gone but there's a big oil leak from gearbox which may have contributed to it'.

Called garage and told them and they tried to fob me off until I told them that we had discussed it with my nephew who is a barrister and he had said under Sale of Goods Act you must refund as vehicle must be of merchantable quality and clearly this was not so. The chap said 'don't believe you - co** & bull story of lawyers - we don't owe you nothing'. Ok I said no problem you'll hear from us.

2 hours later my nephew called the garage and suggested they call him back to identify who he was and agree to pay his fees of £400 and hour to defend my son in court'.

Apart from gearbox car was in excellent condition. Garage ended up fitting a re-conned box and new clutch for free a 12 month warranty and provided a courtesy car during this time to ensure we didn't put it in the papers etc.

My nephew said you must not let anyone else do anything to the vehicle without getting written confirmation from the dealer at fault - only exception is if car has to be recovered.

Shame you didn't pay with credit card as it's then black & white even if dealer went bust. I got new gearbox on a van after dealer went bust. Barclaycard paid up no problem.

Good luck and make sure you record everything in writing!!!!!!