Notices
ScoobyNet General General Subaru Discussion
Sponsored by:
Sponsored by:

Sales of goods act. Need help

Thread Tools
 
Search this Thread
 
Old 21 February 2013, 03:05 PM
  #1  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default Sales of goods act. Need help

Hi there guys I have recently bought a 2007 wrx sti and in the first two weeks the ringland has gone(just my luck waited 7 years for one). I have 3 months gold warranty with warranty wise which the dealer gave me. Any suggestions what to do next. Do you think the warranty is going to pay £1000 for replacing the piston. Also planning to upgrade to forged pistons whilst the engine is out.
Old 21 February 2013, 03:10 PM
  #2  
Shaks-STI
Scooby Regular
iTrader: (7)
 
Shaks-STI's Avatar
 
Join Date: Aug 2009
Location: Leicester
Posts: 1,877
Likes: 0
Received 0 Likes on 0 Posts
Default

Why dont you call them and ask? Forging is the best route imo
Old 21 February 2013, 03:12 PM
  #3  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

The car is running 368bhp is just the pistons going to be enough. I just don't want to be paying the £1000+ bill in the future.
Old 21 February 2013, 03:26 PM
  #4  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

I'm just worried the warranty won't pay out and I'm left with the bill. What options would I have if that was the case?
Wouldn't the sales of goods act come into the consideration. The dealer is a top guy and I love the car but just don't want to get ripped off.
Old 21 February 2013, 03:33 PM
  #5  
Rescue Dude
Scooby Regular
iTrader: (11)
 
Rescue Dude's Avatar
 
Join Date: Oct 2010
Location: Herefordshire
Posts: 2,760
Likes: 0
Received 0 Likes on 0 Posts
Default

Was it 368 when you bought it?

What does the warranty say about engine failures?
Old 21 February 2013, 03:38 PM
  #6  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

It was 368 when I bought it warranty says it pays for any engine parts that are in motion. So pistons should be covered. The dealer said that it shouldnt be a problem.
Old 21 February 2013, 03:39 PM
  #7  
wrx271
Scooby Regular
iTrader: (1)
 
wrx271's Avatar
 
Join Date: Mar 2007
Posts: 394
Likes: 0
Received 0 Likes on 0 Posts
Default

if youve had the car less than i think its 14 days or 30 then just back the car ive been down this route with a so called trader wont mention names but the engine let go or had let go when i brought it needless to say once i took him to court he took the car back its consumer law have a read online
Old 21 February 2013, 03:41 PM
  #8  
wrx271
Scooby Regular
iTrader: (1)
 
wrx271's Avatar
 
Join Date: Mar 2007
Posts: 394
Likes: 0
Received 0 Likes on 0 Posts
Default

it goes under not fit for purpose which if the engine has let go it isnt full stop case closed dont bend over for any trader
Old 21 February 2013, 03:41 PM
  #9  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

U don't mind getting it repaired because whilst the engine is out I can pay to get the forged pistons put in out of my own pocket. Hopefully.
Old 21 February 2013, 03:42 PM
  #10  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

I don't mind sorry
Old 21 February 2013, 03:44 PM
  #11  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

If I can get it fixed by the warranty then I'm happy to do that but if they don't pay out then the dealer has to pay to get it fixed or money back for me.
Old 21 February 2013, 04:01 PM
  #12  
wrx271
Scooby Regular
iTrader: (1)
 
wrx271's Avatar
 
Join Date: Mar 2007
Posts: 394
Likes: 0
Received 0 Likes on 0 Posts
Default

basically you stand the high ground just dont forget that
Old 21 February 2013, 04:16 PM
  #13  
blackhawksti
Scooby Regular
 
blackhawksti's Avatar
 
Join Date: Oct 2012
Location: north west
Posts: 102
Likes: 0
Received 0 Likes on 0 Posts
Default

I had a really similar issue on my 56 plate hawk sti. The headgasket went after a couple days of ownership. The dealer paid for nearly all the work. In one way its almost a good thing this has happened to you, as you can have your engine re-built at someone elses cost. I was lucky because when my engine was opened up, someone had already forged it with cosworth pistons etc which saved me the cost.I also paid for a new clutch myself on top of the work that was being done, as i only paid for the price of the part and no labour, so check your clutch condition at the same time the work is being done.Also consider changing big end bearing whilst engine is out, along with other seals/gaskets etc - you'll only kick yourself later on if you need to do these. Only thing to bare in mind, is it will probably cost in excess of £1000, so bare this in mind when negotating with the warranty/dealership.
Good luck any enjoy the car - it'll be well worth it when its all fixed!
Old 21 February 2013, 09:08 PM
  #14  
drew25
Scooby Regular
 
drew25's Avatar
 
Join Date: Jun 2011
Location: Northern Ireland
Posts: 91
Likes: 0
Received 0 Likes on 0 Posts
Default

The fitness for purpose which is section 15 of the sale of goods act 1979 and again in the the sale of goods and services act 1982 will not apply. The warranty that applies to the car will be in relation to a standard car not modified which yours is as it could be easily argued that the components of the engine are not designed for this extra stress. I would agree to pay for a portion of the work making the dealer pay for argument sake 70%. But be ready for a battle with the warranty company.
Old 21 February 2013, 10:23 PM
  #15  
Alan Jeffery
Scooby Regular
 
Alan Jeffery's Avatar
 
Join Date: Nov 2006
Location: Enginetuner.co.uk Plymouth Dyno Dynamics RR Engine machining and building EcuTek SimTek mapping
Posts: 3,662
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Rui brazao
Hi there guys I have recently bought a 2007 wrx sti and in the first two weeks the ringland has gone(just my luck waited 7 years for one). I have 3 months gold warranty with warranty wise which the dealer gave me. Any suggestions what to do next. Do you think the warranty is going to pay £1000 for replacing the piston. Also planning to upgrade to forged pistons whilst the engine is out.
The issue with the warranty is that it's run by an insurance company. They won't pay out for anything that's fair wear and tear so won't cover things like worn turbo bearings. A ring land breakage is a clearly failed component and they should pay out to the extent of the cover. If you haven't modified the car yourself the cover should pay out on the basis that the cover was offered to you for the condition of the car as you bought it.
I'd always suggest a compromise, and at least after this your 2.5 should have a decent shelf life.
Old 21 February 2013, 10:31 PM
  #16  
SRSport
Scooby Regular
 
SRSport's Avatar
 
Join Date: Jul 2009
Location: North Yorkshire
Posts: 3,360
Received 0 Likes on 0 Posts
Default

Read the terms and conditions very carefully and then read them again. When I claimed I was asked some trick questions designed for me to give them an excuse to not pay. Keep it simple, dont say more than you need to and you should be fine. In my experience dealer warranties are easier to claim against than private warranties, even if its with the same warranty company. This is because the warranty company make good money from dealers and do not want to risk them switching if they are seen as not supporting their customer and giving them a bad name.

Drew, are you sure that it wont cover his car? Usually a warranty that comes with the car will cover just that otherwise whats the point? If you were to modify post sale then the warranty wouldnt apply but Im fairly sure it should in this case, regardless of whats underneath it. Usually they will only replace with standard parts though, so if its a £3000 upgraded turbo that has gone you can only expect the standard Subaru one to be fitted. As I said, read the terms and conditions.
Old 21 February 2013, 10:38 PM
  #17  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by drew25
The fitness for purpose which is section 15 of the sale of goods act 1979 and again in the the sale of goods and services act 1982 will not apply. The warranty that applies to the car will be in relation to a standard car not modified which yours is as it could be easily argued that the components of the engine are not designed for this extra stress. I would agree to pay for a portion of the work making the dealer pay for argument sake 70%. But be ready for a battle with the warranty company.
In going to try the warranty company first and then if that's not successful then the dealership have no choice but to fix it because he has sold me a car not fit for purpose because I've only had the car 3 weeks today.
Old 21 February 2013, 10:41 PM
  #18  
SRSport
Scooby Regular
 
SRSport's Avatar
 
Join Date: Jul 2009
Location: North Yorkshire
Posts: 3,360
Received 0 Likes on 0 Posts
Default

Its wise seeking advice on here but I wouldnt loose to much sleep over it at this stage. As you say you have many options open to you. Follow the correct procedure and let those whose responsibility it is sort it out.
Old 21 February 2013, 10:43 PM
  #19  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by SRSport
Read the terms and conditions very carefully and then read them again. When I claimed I was asked some trick questions designed for me to give them an excuse to not pay. Keep it simple, dont say more than you need to and you should be fine. In my experience dealer warranties are easier to claim against than private warranties, even if its with the same warranty company. This is because the warranty company make good money from dealers and do not want to risk them switching if they are seen as not supporting their customer and giving them a bad name.

Drew, are you sure that it wont cover his car? Usually a warranty that comes with the car will cover just that otherwise whats the point? If you were to modify post sale then the warranty wouldnt apply but Im fairly sure it should in this case, regardless of whats underneath it. Usually they will only replace with standard parts though, so if its a £3000 upgraded turbo that has gone you can only expect the standard Subaru one to be fitted. As I said, read the terms and conditions.
That's what I thought. As long as they are willing to replace the piston and pay for the labour then I won't mind. Praying that's the case because I just love the car and want it back on the road.
Old 21 February 2013, 10:45 PM
  #20  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

Thanks guys for the advice I really appreciate it. The best site ever.
Old 21 February 2013, 11:23 PM
  #21  
chopperman
Scooby Regular
 
chopperman's Avatar
 
Join Date: Dec 2010
Posts: 3,241
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Rui brazao
The car is running 368bhp is just the pistons going to be enough. I just don't want to be paying the £1000+ bill in the future.
Forged pistons , i use Mahle powerpak and have the head bolts replaced with 11mm ARP studs. These items fix the 2.5. Subaru gaskets are good but Cosworth stoppers are better.
If the warranty company get funny with you just tell the selling dealer to sort the car out. I had a similar problem and warranty refused to honour even though the car was modded when i bought it. The dealer fixed mine sending the engine to a reputable engine builder. good luck.
Old 22 February 2013, 12:28 AM
  #22  
Beastie
Scooby Regular
iTrader: (2)
 
Beastie's Avatar
 
Join Date: Jan 2001
Location: Scotland
Posts: 2,397
Received 17 Likes on 10 Posts
Default

Normally you need to report to warranty company within 7 days of problem. Be careful in what you say so you dont breach the conditions of the warranty.
Old 22 February 2013, 09:59 AM
  #23  
drew25
Scooby Regular
 
drew25's Avatar
 
Join Date: Jun 2011
Location: Northern Ireland
Posts: 91
Likes: 0
Received 0 Likes on 0 Posts
Default

What you may find is that the dealer (depending if he is reputable or not) may or may not have declared that the car has a modified engine. You may find in the warrenty documentation that there are exclusion clauses that state that the engine must be as it came from the manufacturer (standard) and they will not accept a claim against a modified engine. It is very difficult to say without looking at the wording of the terms and conditions of the warrenty document. I am sure that the dealer will stand over your claim anyway and fix the issue. You may see the first post as being negative but I had a friend that bought a 2.5 sti that had ringland failure within a couple of weeks of purchase. I looked over the documentation for him after the warrenty comapny refused to repair the car as it was a known fault of that type of engine and they said it should have been completed by Subaru. It took 7 months but he got it fixed using upgraded parts.
Old 22 February 2013, 10:46 AM
  #24  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by chopperman
Forged pistons , i use Mahle powerpak and have the head bolts replaced with 11mm ARP studs. These items fix the 2.5. Subaru gaskets are good but Cosworth stoppers are better.
If the warranty company get funny with you just tell the selling dealer to sort the car out. I had a similar problem and warranty refused to honour even though the car was modded when i bought it. The dealer fixed mine sending the engine to a reputable engine builder. good luck.
Cheers for that. Have u had any problems with the engine since then? I also part exchanged my car so he has no choice but to fix it. I'm going to call the warranty Monday morning. I'm going to see if I can get the work done with powerstation or Jason jones tewksbury any advice on the garages.
Old 22 February 2013, 12:17 PM
  #25  
Rescue Dude
Scooby Regular
iTrader: (11)
 
Rescue Dude's Avatar
 
Join Date: Oct 2010
Location: Herefordshire
Posts: 2,760
Likes: 0
Received 0 Likes on 0 Posts
Default

What has the dealer/warranty company said they'll do about the engine failure?
Old 22 February 2013, 04:18 PM
  #26  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Rescue Dude
What has the dealer/warranty company said they'll do about the engine failure?
I'm going to wait till Monday and start sorting out everything then. Not to worried but can't believe my luck.
Old 22 February 2013, 04:59 PM
  #27  
chopperman
Scooby Regular
 
chopperman's Avatar
 
Join Date: Dec 2010
Posts: 3,241
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Rui brazao
Cheers for that. Have u had any problems with the engine since then? I also part exchanged my car so he has no choice but to fix it. I'm going to call the warranty Monday morning. I'm going to see if I can get the work done with powerstation or Jason jones tewksbury any advice on the garages.
No issues with mine since the re-build what so ever. hardly surprising as the dealer at my request instructed Finch motorsport to build the engine. Now running 1.6 bar with a Bob Rawle ecutek map. Its the car now it should have been out the factory. Perfect and a pleasure to drive without the subaru paranoia
Old 22 February 2013, 10:04 PM
  #28  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by chopperman
No issues with mine since the re-build what so ever. hardly surprising as the dealer at my request instructed Finch motorsport to build the engine. Now running 1.6 bar with a Bob Rawle ecutek map. Its the car now it should have been out the factory. Perfect and a pleasure to drive without the subaru paranoia
Mine was remapped by Bob Rawle to 368bhp. Hopefully I will feel like you one day. Love subarus so much can't wait to drive it knowing that's its bullet proof.
Old 22 February 2013, 11:01 PM
  #29  
chopperman
Scooby Regular
 
chopperman's Avatar
 
Join Date: Dec 2010
Posts: 3,241
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Rui brazao
Mine was remapped by Bob Rawle to 368bhp. Hopefully I will feel like you one day. Love subarus so much can't wait to drive it knowing that's its bullet proof.
Fingers crossed for you mate. keep your cool, arm yourself with facts. Be nice but firm, nothing is achieved by losing your temper. Be prepared to play the long game. All in all it took me the best part of 4 months to get what i wanted. But i got it without ever raising my voice or swearing.
Old 22 February 2013, 11:19 PM
  #30  
Rui brazao
Scooby Newbie
Thread Starter
 
Rui brazao's Avatar
 
Join Date: Feb 2013
Location: Cheltenham
Posts: 26
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by chopperman
Fingers crossed for you mate. keep your cool, arm yourself with facts. Be nice but firm, nothing is achieved by losing your temper. Be prepared to play the long game. All in all it took me the best part of 4 months to get what i wanted. But i got it without ever raising my voice or swearing.
Hopefully I can get it done in weeks because the subaru is my only car. I will try my best. Thanks everyone


Quick Reply: Sales of goods act. Need help



All times are GMT +1. The time now is 07:51 AM.