Objective views required

[D Walker]

If it had gone when you were driving it you would know. It is possible to do some analysis on the spring where it has broke, when it is off, but, the metallurgical testing may cost more than replacing it. Basically you can test the surface corrosion at the point of failure.

 

[RobinL]

If it had gone when you were driving it you would know. It is possible to do some analysis on the spring where it has broke, when it is off, but, the metallurgical testing may cost more than replacing it. Basically you can test the surface corrosion at the point of failure.

Absolutely. And a metallurgical test including X-ray crystallography could tell you how it failed and a good estimate of when. But would not be cost effective.
If there is no bright metal at all then likely an old failure. But also when a spring fails in my experience there is a noticeable sag in the way the car stands
If the warranty doesn't cover it you would be hard pushed to pin it on the dealer.
Strangely dealers sell more cars than most of us buy so they know what can and can't be claimed.

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[bigbob]

Personally I like to get on with my life and think I understand the hassle and loss of primary income through spending too much time on these things. I’ve broken two springs on my GranTurismo and did not know it (apologies to the driving gods on here). The parts are cheap so I would avoid the hassle and get it fixed and then start enjoying the car. Keep the row for something expensive.

 

[Contigo]

For cars under 6 years old major parts are, notwithstanding any warranty, a good claim under SOG law if proven to be a design fault
But consumer rights (for used goods) are based on being sold fit for the purpose and would cover known faults or faulty goods which could reasonably have been expected to last for a specific time.

However a broken road spring would be difficult to prove that it hadn't broken as you drove in some unconventional manner.

Hence my belief that relying on the dealers better nature and assumed wish for good customer relations should prevail.

The option of going to law would likely eventually fail though the threat of small claims court claims can occasionally sway the arguement. Friendly brief, 1x letter, ask again....


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It I’d not for you to prove it was a known issue it is for the dealer to prove it wasn’t. SOGA has been replaced with Consumer rights and it covers cars for up to 6 months.

OP pm me please and we can take this offline...

 

[Contigo]

You get 3 months warranty buying from a dealer by law, they should fix it?

Nope, longer

 

[Contigo]

Yes, I think I understand this point and perhaps you have already made it with regard to a spring just going like that, but do I not have any claim based on be fact that the spring was clearly corroded through when I bought it and would naturally just break at the slightest provocation?

This isn’t warranty work, it’s fit for purpose under the Consumer rights act. If the car has a broken spring then it is simply not fit for purpose,

 

[RobinL]

It I’d not for you to prove it was a known issue it is for the dealer to prove it wasn’t. SOGA has been replaced with Consumer rights and it covers cars for up to 6 months.

OP pm me please and we can take this offline...

Agreed and under section 9 part 3 particularly 'durability' there is basis for a claim. However a broken spring would remain a contentious claim nonetheless and asking the dealer to fix it would still be the first and recommended course of action.

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[Mattp]

It's really annoying when something unexpected crops up and like you I would be seething at the oversight.
You can argue this with sale of goods and you would probably win - given enough time and ball ache, but for something as trivial as this I'd save the energy.
In the grand scheme of things, a broken spring is just a taster as to the joys of spending money on an Italian supercar...

 

[Wheelybin]

It's really annoying when something unexpected crops up and like you I would be seething at the oversight.
You can argue this with sale of goods and you would probably win - given enough time and ball ache, but for something as trivial as this I'd save the energy.
In the grand scheme of things, a broken spring is just a taster as to the joys of spending money on an Italian supercar...

Ah, yes. I fully factored in repairs etc and have owned several supercars, it is more the principle of the matter but points noted re effort to remain principled!

 

[TimR]

The facts are that the MOT was stamped- no spring issue..
You had it inspected - no spring issue...
Surprisingly, the dealer doesnt think there was a spring issue..!


If you want to start pissing them all off..its a free country. Have fun...!
If you want to achieve more than puffing up your chest, & taking your principles for a short walk, I'd take a pragmatic and civil approach....

The "Maserati" tax is alive and well...save your strength !

 

[Wheelybin]

The facts are that the MOT was stamped- no spring issue..
You had it inspected - no spring issue...
Surprisingly, the dealer doesnt think there was a spring issue..!


If you want to start pissing them all off..its a free country. Have fun...!
If you want to achieve more than puffing up your chest, & taking your principles for a short walk, I'd take a pragmatic and civil approach....

The "Maserati" tax is alive and well...save your strength !

Just to be clear: I didn’t have it inspected (the inspection was after sale which highlighted this issue. Not that this point will change your view!!

 

[TimR]

Just to be clear: I didn’t have it inspected (the inspection was after sale which highlighted this issue. Not that this point will change your view!!

Okay...it doesnt really, no ! Not that you arent entitled to dig your heels in. I think we all get like this from time to time...
It would have made sense to have had an inspection prior to purchase but Im guessing you know this by now !
Dont be too disappointed.. !

 

[Contigo]

The facts are that the MOT was stamped- no spring issue..
You had it inspected - no spring issue...
Surprisingly, the dealer doesnt think there was a spring issue..!


If you want to start pissing them all off..its a free country. Have fun...!
If you want to achieve more than puffing up your chest, & taking your principles for a short walk, I'd take a pragmatic and civil approach....

The "Maserati" tax is alive and well...save your strength !

That is irrelevant, the car is under warranty and is also not fit for purpose, again it is for the dealer to prove otherwise.

 

[Wheelybin]

Okay...it doesnt really, no ! Not that you arent entitled to dig your heels in. I think we all get like this from time to time...
It would have made sense to have had an inspection prior to purchase but Im guessing you know this by now !
Dont be too disappointed.. !

Haha. I don’t expect any sympathy, that’s for sure and the money isn’t the issue at all. I appreciate all points of view, I’ve just raised it because it’s an interesting one from my point of view and no doubt the dealers too. I haven’t gone into all details on here as to why I might like to pursue but it seems on balance from hearing all POV that I have rights but it depends on how masochistic I am as to whether i pursue them or not and even then, it could be to no avail. Thanks

 

[Contigo]

This is the important bit.

"During the first six months after purchase, it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was. "

 

[Wheelybin]

This is the important bit.

"During the first six months after purchase, it's the responsibility of the seller to prove the fault wasn't there, not for you to prove that it was. "

But surely that’s where the MOT comes in? It was done the morning of the day I collected the car and given a clean bill of health. I’m assuming this is their proof, with the tiniest of chances it could have cracked on the drive from the garage to the dealer before I took delivery!

 

[Contigo]

But surely that’s where the MOT comes in? It was done the morning of the day I collected the car and given a clean bill of health. I’m assuming this is their proof, with the tiniest of chances it could have cracked on the drive from the garage to the dealer before I took delivery!

What proof? The MOT tester could very easily have missed a cracked spring believe me.

 

[Contigo]

The other option is to simply use the 6 month warranty on the car and claim for the coil spring. After all it is a Top ten part claimed.

https://www.parkers.co.uk/car-advice/2011/top-ten-car-warranty-claims/

 

[TimR]

What proof? The MOT tester could very easily have missed a cracked spring believe me.

Which is the sort of eventuality the warranty is designed to cover, in principle...

The other option is to simply use the 6 month warranty on the car and claim for the coil spring. After all it is a Top ten part claimed.

https://www.parkers.co.uk/car-advice/2011/top-ten-car-warranty-claims/

This makes better sense to me...

Start trying to say the MOT was not fit for purpose and you'll court only one thing for sure - a fight !
And it doesnt matter the semantics here...that is the inference you need confirmed to achieve your end. Demanding the dealer prove the spring was good at the point of sale - is it actually possible ? Does the fact that it isnt make you right or the dealer wrong ? Neither in my view...In your own words. Its "easily missed, believe me !"

 

[Wheelybin]

Which is the sort of eventuality the warranty is designed to cover, in principle...



This makes better sense to me...

Start trying to say the MOT was not fit for purpose and you'll court only one thing for sure - a fight !
And it doesnt matter the semantics here...that is the inference you need confirmed to achieve your end. Demanding the dealer prove the spring was good at the point of sale - is it actually possible ? Does the fact that it isnt make you right or the dealer wrong ? Neither in my view...In your own words. Its "easily missed, believe me !"

Yes, but the warranty won’t cover a spring with corrosion....