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Returning car to dealer - many faults

  • 26-12-2015 08:40AM
    #1
    Registered Users, Registered Users 2 Posts: 3,117 ✭✭✭


    Have a Mitsubishi Outlander 2010 that was bought last July and it has already been back to the garage 4 times with problems i.e 2 oil leaks, seat folding mechanism not working on rear seats and turbo power failure (effectively acceleration power drops substantially).

    Last night got another warning light on and the engine started overheating so looks like coolant started leaking. Topped it up and made it home but now it is leaking coolant again in the front garden. Also the turbo power problem started again. The car is in warranty for about another 10 days and after so many problems want to just bring it back to dealers and get a refund.

    Any thoughts on whether I'm entitled now to a full refund? I do like the car so would settle for a repair and extension of warranty if I'm not entitled to full refund


Comments

  • Registered Users, Registered Users 2 Posts: 3,885 ✭✭✭Tzardine


    ParkRunner wrote: »
    Have a Mitsubishi Outlander 2010 that was bought last July and it has already been back to the garage 4 times with problems i.e 2 oil leaks, seat folding mechanism not working on rear seats and turbo power failure (effectively acceleration power drops substantially).

    Last night got another warning light on and the engine started overheating so looks like coolant started leaking. Topped it up and made it home but now it is leaking coolant again in the front garden. Also the turbo power problem started again. The car is in warranty for about another 10 days and after so many problems want to just bring it back to dealers and get a refund.

    Any thoughts on whether I'm entitled now to a full refund? I do like the car so would settle for a repair and extension of warranty if I'm not entitled to full refund

    I would say there is no chance of a refund.

    If the car is still under warranty the best you can expect is that the repairs are done for you.

    If I were in your shoes I would let them fix the issues and then get rid of it.


  • Registered Users, Registered Users 2 Posts: 561 ✭✭✭clogher71


    + 1, I am afraid, you have it nearly six months also, unfortunately if they are fixing it each time, you don't have any chance to get a refund, the vehicle was five years old also when you bought, i know it's not what you want to hear , but cars give trouble, you were just unlucky on this one .....


  • Registered Users, Registered Users 2 Posts: 3,670 ✭✭✭quadrifoglio verde


    We're Mitsubishi Ireland offering their rediculously long warranties back in 2010? Might be worth checking out


  • Registered Users, Registered Users 2 Posts: 185 ✭✭keavebm


    Does the warrenty not start over once it has to be fixed?I think once the car has gone back 5 times u can request a full refund.check consumers rights


  • Closed Accounts Posts: 12,102 ✭✭✭✭Drummerboy08


    keavebm wrote: »
    Does the warrenty not start over once it has to be fixed?I think once the car has gone back 5 times u can request a full refund.check consumers rights

    3 times, for the same fault. Doesn't matter if it's back 100 times if is 100 different faults.


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  • Registered Users, Registered Users 2 Posts: 18,925 ✭✭✭✭bucketybuck


    Blunt answer, you have zero chance of a refund.

    Even ignoring the fact that its a 5 year old car that you bought 2nd hand, you would not be entitled to a refund even if it was a brand new car bought six months ago, not for having 4 faults in a 6 month period. The obligation under manufacturer warranty would be for the garage to put right any faults, not to replace the vehicle.

    Another concept worth checking out is the fact that warranty repairs do not extend warranty. A fault reported in warranty period must be rectified, but that does not extend the length of the warranty period. To illustrate, say your engine blows with a week of warranty left and the dealer fits a brand new engine free of charge. Then 2 weeks later, one week out of warranty, the new engine also blows up. You will not have warranty coverage on that 2nd engine. Your warranty is up, end of story.

    Somebody will be along to quote the sale of goods act and all that guff to tell you otherwise but at the end of the day as long as the dealer fixes any faults you report to them in the warranty period, you will have no recourse once the warranty period ends and they have no obligation to take the vehicle back or offer a refund.


  • Registered Users, Registered Users 2 Posts: 18,925 ✭✭✭✭bucketybuck


    keavebm wrote: »
    Does the warrenty not start over once it has to be fixed?I think once the car has gone back 5 times u can request a full refund.check consumers rights
    It absolutely does not.

    Source: I have processed more warranty claims than you have had cups of tea.


  • Registered Users, Registered Users 2 Posts: 19,166 ✭✭✭✭Del2005


    Blunt answer, you have zero chance of a refund.

    Even ignoring the fact that its a 5 year old car that you bought 2nd hand, you would not be entitled to a refund even if it was a brand new car bought six months ago, not for having 4 faults in a 6 month period. The obligation under manufacturer warranty would be for the garage to put right any faults, not to replace the vehicle.

    Another concept worth checking out is the fact that warranty repairs do not extend warranty. A fault reported in warranty period must be rectified, but that does not extend the length of the warranty period. To illustrate, say your engine blows with a week of warranty left and the dealer fits a brand new engine free of charge. Then 2 weeks later, one week out of warranty, the new engine also blows up. You will not have warranty coverage on that 2nd engine. Your warranty is up, end of story.

    Somebody will be along to quote the sale of goods act and all that guff to tell you otherwise but at the end of the day as long as the dealer fixes any faults you report to them in the warranty period, you will have no recourse once the warranty period ends and they have no obligation to take the vehicle back or offer a refund.

    Warranty has zero impact on the sale of goods act, a warranty is in addition to your consumer rights.

    The sale of goods act requires that any repairs are permanent, but repair isn't the default option with the sale of goods act. The seller has to offer refund, replace or repair.

    Unless the OP can prove that the oil leak was from the same source the sale of goods act won't require the dealer to refund or replace. Multiple issues on a 5 year old vehicles isn't unknown but the good thing about the sale of goods act is that the OP still has plenty of time to get issues fixed by the dealer.


  • Registered Users, Registered Users 2 Posts: 3,117 ✭✭✭ParkRunner


    OP here, thanks for the replies. The garage isn't open until Wednesday & have no other point of contact until then so will see how it goes on Wednesday. I understand strictly speaking the warranty will cease shortly and the garage will have no further obligations under that, however this will be the fifth time back with the car so my hope is they will have some leeway in their dealings.

    I don't think it is unreasonable at this stage to go beyond a request to repair the vehicle as it is the fifth occasion in six months that it has become undriveable, which in my opinion makes it not fit for purpose. They are not a Mitsubishi garage so a replacement might be difficult but not impossible to organise as they are well established.


  • Registered Users, Registered Users 2 Posts: 19,166 ✭✭✭✭Del2005


    ParkRunner wrote: »
    OP here, thanks for the replies. The garage isn't open until Wednesday & have no other point of contact until then so will see how it goes on Wednesday. I understand strictly speaking the warranty will cease shortly and the garage will have no further obligations under that, however this will be the fifth time back with the car so my hope is they will have some leeway in their dealings.

    I don't think it is unreasonable at this stage to go beyond a request to repair the vehicle as it is the fifth occasion in six months that it has become undriveable, which in my opinion makes it not fit for purpose. They are not a Mitsubishi garage so a replacement might be difficult but not impossible to organise as they are well established.

    For the best chance of getting a replacement or refund your going to have to get a solicitor involved. Once the faults are different and not dangerous consumer law isn't going to help much and the amount is too much for the small claims court.


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  • Registered Users, Registered Users 2 Posts: 7,401 ✭✭✭Nonoperational


    Not an absolute hope of being able to hand it back.


  • Registered Users, Registered Users 2 Posts: 19,166 ✭✭✭✭Del2005


    Not an absolute hope of being able to hand it back.

    Plenty of vehicles are returned for less problems, some even operator induced, you just have to be persistent and do it right.


  • Registered Users, Registered Users 2 Posts: 4,279 ✭✭✭The Bishop Basher


    Del2005 wrote: »
    Plenty of vehicles are returned for less problems, some even operator induced, you just have to be persistent and do it right.

    Absolutely agreed. Not sure why everyone is so adamant that he can't get his money back. I've had 2 refunds on second hand cars in the past for ongoing issues. I had to fight for them but got them and without going near any solicitors...

    Speak to the garage OP. No point second guessing their response. Have a chat with them and see if you can find some kind of middle ground then work from there. Best of luck with it.


  • Registered Users, Registered Users 2 Posts: 3,117 ✭✭✭ParkRunner


    Well my faith in dealers is restored, they will exchange the car for something in a similar price range with a small fee for mileage done over the last 6 months


  • Registered Users, Registered Users 2 Posts: 18,925 ✭✭✭✭bucketybuck


    ParkRunner wrote: »
    Well my faith in dealers is restored, they will exchange the car for something in a similar price range with a small fee for mileage done over the last 6 months

    Well done them, always good to see a company that will go above and beyond sometimes.


  • Registered Users, Registered Users 2 Posts: 3,885 ✭✭✭Tzardine


    Happy days !

    Everybody be careful if buying a 2010 Outlander from a dealer. There is a lemon in the system. What colour was it OP :)


  • Closed Accounts Posts: 817 ✭✭✭iano.p


    Sounds like that was fair. At least the dealer done the right thing. Would feel sorry for who every buys the car now.


  • Registered Users, Registered Users 2 Posts: 3,117 ✭✭✭ParkRunner


    I could have got it repaired and the warranty extended as another option but as much as I like Outlanders this particular one (silver) is just not reliable & we were unlucky with it


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