**Resolved ** Any Sale of Goods Act Experts?

[gtd2000]

 

There are people out there who had their cars serviced exclusively by KIA dealers and they have not had any better outcome than my experience.

 

^^^^ Your own statement above should make you realise what a futile and pointless quest you have embarked upon,...you ask for opinions then just constantly strive to justify your misguided ideas of who is 'at fault' here.

This forum is made up of opinions, we may not all agree but everyone is entitled to theirs.

If you are so confident why not just take them to court ( at your expense ), and when ( if ) you win the case just claim for the cost of repairs and your court costs...

Your're not willing to do that ? Hmmm, I thought so...

 

I am willing to do that - what is the title of this thread?

 

I'm attempting to build up a picture of what's actually likely to be the outcome.

 

If I'm pissing in the wind then so be it.

 

The facts at present, point to being in the right according to the sale of goods act.

 

Can you tell me the reasons why the sale of goods act would not apply?

[Rod/b]

You'd need to prove that the car wasn't fit for purpose when it was purchased. You'll have a hard time doing so as the car is now seven years old. If it had been faulty from day one then fine but it's a seven year old car.

 

Leave it be. Move on.

[gtd2000]

You'd need to prove that the car wasn't fit for purpose when it was purchased. You'll have a hard time doing so as the car is now seven years old. If it had been faulty from day one then fine but it's a seven year old car.

 

Leave it be. Move on.

 

That's the whole point of the discussion - it is a factory defect - it was inherently faulty from day one.

 

The crankshaft and pulley was not machined to the correct tolerance and this leads to crankshaft pulley bolt failure or worse..

 

This is a well documented problem - it's hardly difficult to prove that is it?

[nottinghamphil]

 

There are people out there who had their cars serviced exclusively by KIA dealers and they have not had any better outcome than my experience.

 

^^^^ Your own statement above should make you realise what a futile and pointless quest you have embarked upon,...you ask for opinions then just constantly strive to justify your misguided ideas of who is 'at fault' here.

This forum is made up of opinions, we may not all agree but everyone is entitled to theirs.

If you are so confident why not just take them to court ( at your expense ), and when ( if ) you win the case just claim for the cost of repairs and your court costs...

Your're not willing to do that ? Hmmm, I thought so...

 

I am willing to do that - what is the title of this thread?

 

I'm attempting to build up a picture of what's actually likely to be the outcome.

 

 

Then why not just 'Cut to the chase' and have your day in court with Kia... in other words either Shit or get off the pot !

[gtd2000]

Because right now and for the past two months, I've been out of the country old chap.

[Felly Magic]

For want of a better word, if you took Kia to court, their bigwig lawyers would hang you out to dry, and you could risk running up huge debts trying to pay off the legal bills.

[gtd2000]

For want of a better word, if you took Kia to court, their bigwig lawyers would hang you out to dry, and you could risk running up huge debts trying to pay off the legal bills.

 

I'm not so sure about that. Chances are their lawyers would cost more than my claim and wouldn't entertain it as it is an inherent defect.

 

But anyway I'd do it through small claims.

[Rod/b]

Depends, if the case could set a costly precedent they'd surely fight it.

[gtd2000]

Depends, if the case could set a costly precedent they'd surely fight it.

 

That's what's at the back of my mind why they have not agreed to do the repairs for most owners, hence citing expired warranty.

 

On the other hand, KIA NL have already set this precedent, from my understanding at least.

 

Although the fault presented itself when the car was less than 7 years old I contacted two KIA dealers in 2008 to ask about this problem, neither had any knowledge. Then in Sept 2011 when the car was booken in specifically for crankshaft pulley bolt failure the dealer advised that the lack of power may have been due to slightly worn spark plugs..

 

KIA UK also told me it was not possible that the car could have crankshaft pulley bolt failure as it was not one of the affected chassis numbers.

 

Only after my persistence did they actually check the crankshaft and confirmed the problem.

 

So this isn't simply about paying for labour costs - It's about the complete failure of KIA UK handling a known problem.

[Rod/b]

Go and talk to a solicitor then, you're wasting your time on here. They'll be able to tell you your chances of succeeding and whether you're likely to get royally dry bummed for costs if you lose.

[gtd2000]

Go and talk to a solicitor then, you're wasting your time on here. They'll be able to tell you your chances of succeeding and whether you're likely to get royally dry bummed for costs if you lose.

 

I'm going to do that when I get back to the UK for sure.

 

It's just good to bounce things off different people, I'm not always convinced by lawyers and their competence or motivations.

 

I've been involved in a number of scenarios (professionally) where lawyers are involved and pretty much everybody in the room raises an eyebrow when they decide on the course of action.

 

In a personal capacity, I wouldn't even suggest something like this to our (historically speaking) family solicitor who in my estimation is simply fucking useless, as were the lawyers on the other side of the table during a land purchase I made 4 years back.

 

It took him a period in excess of one year, to trace ownership/title of the land - I eventually called him up and he was on the back foot for the entire duration of the phonecall. They're not used to be being spoken down to of course I'm paying the bill what do they expect?

 

It took me 35 minutes and something like 3.75 to get the title history at the land registry in Edinburgh.

 

In the end the solicitor said that his bill was going to be so high he'd need to refer it to the local Sheriff Court for a decision.

 

What a fucking joke - anyway the final cost was pretty much in line with regular conveyancing costs.

 

The land owners solicitors couldn't even identify which piece of land it was that we were buying - and our solicitor had the neck to grumble about them

 

In the end, I was the one doing the mediation between the solicitors to ensure we were all on the same page.....

[richardthestag]

Holding front page

 

"Solicitor needlessly wastes clients funds" shocker

 

 

 

Forget Kia, fix the car or send it over the bridge

[Cavcraft]

Extreme cases call for extreme measures. In this instance merely urinating through a letterbox is not going to be enough. The only course of action worth taking here is for you to dress up in a spiderman outfit, climb the walls of Kia's headquarters, roll out your 'Picantos For Justice' banner and defecate down their chimney.

[garbaldy]

I know this is probably not what you want to hear but i still think you may live to regret this course of action

 

i have worked for very wealthy people since i left school and i can tell you they would take anyone to court for looking at them wrong

my present boss finally received a settlement which is about half what he tried for and this has been going on since 1999 when he bought his house, dureing this time he has been back and forth like a yoyo and his health has suffered,

 

I really dont understand why people put themselfs through such stress for the sake of money, principals are fine if youve got deep pockets but you really need to know when to cut and run, since you have had a goodwill payment i would be thinking myself lucky because others would have received nothing.

[gtd2000]

I know this is probably not what you want to hear but i still think you may live to regret this course of action

 

i have worked for very wealthy people since i left school and i can tell you they would take anyone to court for looking at them wrong

my present boss finally received a settlement which is about half what he tried for and this has been going on since 1999 when he bought his house, dureing this time he has been back and forth like a yoyo and his health has suffered,

 

I really dont understand why people put themselfs through such stress for the sake of money, principals are fine if youve got deep pockets but you really need to know when to cut and run, since you have had a goodwill payment i would be thinking myself lucky because others would have received nothing.

 

Oh I'm only doing this for the principal.

 

The car is fixed and running fine and I'm not stressed by it at all.

 

At the end of the day the sum of money really isn't worth it at all. I might have the bit between my teeth right now but that's only because I'm pretty certain I'm correct.

 

If I'm told otherwise I'll certainly shut the fuck up pronto

 

In other news Ive just had an email telling me that KIA UK is attempting to make contact with me via telephone again.

 

It was a simple cost reduction to pay for the labour and have KIA pay for the parts. I knew fine that others had been fobbed of completely. I don't think the labour cost were unreasonable at all considering what needed to be repaired.

 

But the whole repair should have been covered by KIA.

[gtd2000]

Holding front page

 

"Solicitor needlessly wastes clients funds" shocker

 

 

Forget Kia, fix the car or send it over the bridge

 

I know, robbing bar stewards....

 

The car was fixed in November.

[gtd2000]

Extreme cases call for extreme measures. In this instance merely urinating through a letterbox is not going to be enough. The only course of action worth taking here is for you to dress up in a spiderman outfit, climb the walls of Kia's headquarters, roll out your 'Picantos For Justice' banner and defecate down their chimney.

 

I know a young lad who has a Spiderman outfit.......but I'll be buggered if I'm jetting back from Florida to do that

[Pete-M]

[Cavcraft]

*Spider man, not spiders legs.

[ashmicro]

*Spider man, not spiders legs.

You sod Billy! I've now got beer all down my jumper.

[gtd2000]

Well chaps and chapesses there has been a result.

 

During the week there was a call from KIA UK to the house asking to talk to me - this was subsequent to the KIA UK conclusion of the matter via letter.

 

I could only assume there had been some change of mind at KIA UK, why else would they call?

 

This morning, I received a call from my mother, to tell me that a letter had been received from KIA UK.

 

Basically, KIA UK have written to inform me that after a review of our case at senior management level, they are taking care of the matter and a cheque will be issued to refund the labour charges.

 

Now I can go back to saying what good little cars KIA Picantos are (as long as the crankshaft pulley bolt isn't a problem!)

[richardthestag]

result

 

Happy Christmas

[gtd2000]

result

 

Happy Christmas

 

Bloody humbug!

[Cavcraft]

Congratulations, that's a right result and your hard work has come good.

[Pete-M]

Bloody hell, Kia in "above and beyond the call of duty" shocker.

 

Well done, I didn't think you'd get anywhere with 'em. Once it's fixed, flog it and buy something less chocolate crankshafty?

[gtd2000]

Congratulations, that's a right result and your hard work has come good.

 

Yeah I'm pleased - but at the same time I do consider that they should have sorted it out quietly in the first place.

 

They'd like me to contact them when I get back to the UK in January as well..

[HillmanImp]

I did not think you stood a chance with that in all honestly. Well done.

[gtd2000]

Bloody hell, Kia in "above and beyond the call of duty" shocker.

 

Well done, I didn't think you'd get anywhere with 'em. Once it's fixed, flog it and buy something less chocolate crankshafty?

 

All in the name of customer satisfaction KIA UK say!

 

The car was repaired in November but they took 6 weeks to get it fixed to parts supply issues etc.

 

My mother hardly does any mileage per year, so it should last for a good few years to come.

 

I doubt it'll be as durable as her old '93 Mazda 121 which was 14 years old when it finally went over the bridge due to rust (It was an import from HK - 11 years earlier - that I didn't rust-proof). Scottish winters and myself to blame there...

 

I know KIA is known as a budget brand but being completely objective, the Picanto completely surpassed my expectations and it's really a very pleasant little car to drive.

 

It's the sort of car you don't really pay attention to but once you've driven one, you realise why they are so popular.

 

One aspect of the 2004 model is the four wheel disc brakes - they are phenomenal. You get out of the Picanto and into another vehicle and you think there s a problem with the brakes!!!

 

They were so powerful they reverted to drums on the rear for the later editions.

 

I've honestly never driven another car with such good brakes.

[gtd2000]

I did not think you stood a chance with that in all honestly. Well done.

 

My own take on this would be that if they really were not liable/responsible at all, they wouldn't entertain any part of the repair at their cost.

 

At the same time - as mentioned previously,they spent 11 million on advertising in 2010 alone - I think they'll get good value out of the less than 660 quid for the labour costs as I'll have no qualms in reverting to my previously good feedback for KIA.

 

As we all know, personal recommendations are priceless.

[Pete-M]

As we all know, personal recommendations are priceless.

 

KIAs ARE SHIT

 

Equilibrium restored.