a16xef 0 Posted December 19, 2018 Hi, I have an issue with a 2008 A Class I sold with 50k miles and need some advice... Car was collected with no issues, had brand new MOT, no advisories, I also got did a PDI which customer signed saying al good, and I have a video walk round of car running, no lights on dash etc before handover. However customer called and said SRS Airbag light came on during drive home. I therefore agreed to take car back to be fixed which I did, I collected from them and dropped back. I put it on star diagnostics while I had it and it reported fault with passenger seat occupancy sensor, so I fixed before returning. Anyway, 10 days later I get a call to say light is on again, I have it back with the same issue again - it seems to come and go a bit. Question is am I obliged to fix this under the consumer act and or take the vehicle back and refund (ie does this count as a major fault?) bearing in mind I have MOT / PDI / Video to prove fault wasn't there before they took it. Also, if I have to refund, in the couple of weeks they had it they racked up about 900 miles, so can I charge this back and at what rate? All advice appreciated, I have never been in this situation previously. I would rather they keep the car and am willing to give them say £200 as a gesture of goodwill. They have taken warrantywise cover at the time of purchase, but didn't cover airbag system!! Regards. Share this post Link to post Share on other sites
It's me 615 Posted December 19, 2018 repair it properly would be my advice it would be perceived as a major safety issue so you would be on sticky ground if they reject...in my opinion Share this post Link to post Share on other sites
a16xef 0 Posted December 19, 2018 Thats a fair comment, so my other question would be what can I realistically charge for mileage that have covered? When I picked the car up for repair I noted they had the AMG alloy touching the kurb - just about got away without marking that I think! Share this post Link to post Share on other sites
Contracts 68 Posted December 19, 2018 As per Dave, repair it properly, surely it will cost you more to take it back and have to repair it before going again Share this post Link to post Share on other sites
a16xef 0 Posted December 19, 2018 I am thinking I have already had my one chance to repair, so if they can, they are now going to press me for a refund. It seems intermittent now. I thought I had resolved it but its just come back again as I was about to return it to them. Appreciate your fast responses on this guys Share this post Link to post Share on other sites
a16xef 0 Posted December 19, 2018 If I offer to refund the car, would it be reasonable for me to charge 40p per mile for the 900 miles use they have had? Thats what I am reading in in general on the web, so would mean them returning the car and costing the £360 in usage? Share this post Link to post Share on other sites
Arfur Dealy 823 Posted December 19, 2018 You can't charge for mileage in the first 30 days. Failed repair = full refund by the method they paid. In future, always state the repair is kept open and may reappear due to further required diagnosis, it will then still constitute the first repair. An SRS is a safety issue, therefore you don't have a leg to stand on. But, you can fully argue the fault wasn't there at the point of sale, its just wear n tear. In my book, always repair inside 30 days. Outside, thats a different story. Share this post Link to post Share on other sites
EPV 631 Posted December 19, 2018 The CRA states that a fault is defined as “unsatisfactory quality or unfit for purpose or not as described” It also states that if a repair is made and it doesn’t fix the problem the customer can take their short term right to reject. I’d say in both instances (the fix not working and it being entirely arguable that an airbag light repeatedly coming on constitues as unsatisfactory quality and probably unfit for purpose) that if the punter chose to, they’d be well within their right to a refund and I doubt many judges would rule in your favour given the circumstances. I’d say all the while the customer is happy for you to fix it, then fix it. As for the deduction for usage, there’s nothing written anywhere but the only rule is you can’t offer them trade money. Everything else is up to negotiation. Me personally, given that they haven’t had the car long and particularly if they have been reasonable with me, i’d refund them in full and just accept it as one of those things. 1 Share this post Link to post Share on other sites
MOTORS 25 Posted December 20, 2018 17 hours ago, a16xef said: I am thinking I have already had my one chance to repair, so if they can, they are now going to press me for a refund. It seems intermittent now. I thought I had resolved it but its just come back again as I was about to return it to them. Appreciate your fast responses on this guys Any repair like this, we normally state on the work report "on-going repair - please monitor". We were advised to do this by the local trading standards officer on their CRA day in 2015. Share this post Link to post Share on other sites
Willoughby 15 Posted December 20, 2018 Looks like you are heading to a situation where the buyer is starting to loose trust in you and your garage, recently had something similar with a low mileage Merc and a turbo problem, I suggested to best guarantee a fix it needed to go to an Independent Merc specialist, customer was happy and it ended up going to someone who they'd used before and were happy with. Unless he simply wants his money back, don't see a better offer than a specialists second opinion & repair. Share this post Link to post Share on other sites
David Horgan 564 Posted December 20, 2018 Doesn't look like its the sensor then does it . If you replaced it and it doesn't work it might be the wiring that's worn under the seat . If you have fitted an Ebay part that may also be a problem , Mercs like Merc parts in my experience with the bloody things , I hate Mercs with a passion mind Share this post Link to post Share on other sites
Dave2302 387 Posted December 20, 2018 Seat Occupancy Mat will be my guess, just buy an Emulator off Fleabay and fit it, well out of sight up under the seat Or pay a trimmer to strip the seat and change the faulty mat 1 Share this post Link to post Share on other sites
andymc1973 199 Posted December 20, 2018 yup, just bypass it Share this post Link to post Share on other sites
Stalker 180 Posted December 20, 2018 1 hour ago, Dave2302 said: Seat Occupancy Mat will be my guess, just buy an Emulator off Fleabay and fit it, well out of sight up under the seat Or pay a trimmer to strip the seat and change the faulty mat I caught a local garage to us wire the airbag light up to the oil pressure light inside the cluster! Share this post Link to post Share on other sites
Dave2302 387 Posted December 21, 2018 Yes, used to be able to do that, but not so nowadays on many CAN Bus Clusters Oh, and by the way, to OP, make sure they aren't putting objects that weigh more than a feather on the front passenger seat, that can cause occupancy errors when there isn't really a fault Do Not ask me how we found that out after months of whinging !! Share this post Link to post Share on other sites
MattR 177 Posted December 21, 2018 4 hours ago, Dave2302 said: Yes, used to be able to do that, but not so nowadays on many CAN Bus Clusters Oh, and by the way, to OP, make sure they aren't putting objects that weigh more than a feather on the front passenger seat, that can cause occupancy errors when there isn't really a fault Do Not ask me how we found that out after months of whinging !! agreed! my mrs has to clip the seatbelt on the passenger seat whenever her handbag is on it... Share this post Link to post Share on other sites
