URGENT advice - volvo land dissaster

[philepo]

Hi All,

My last post was about buying an old 850 diesel for economy reasons. I have had the car a week and the front wheel has fallen off!

Advice needed: The previous owner had the ball joint replaced by a garage 2 days before I bought it. But when the wheel came off (at walking pace thank god) there was no bolt holding the joint in place . How can this be? Can a bolt come loose? Was it ever put in?

I have rung the garage in question and so far there is no answer. So my dilemma is whether to have my own mechanic fix the car and send the bill to them, or just wait. I need it fixed asap so I can get to work you see .

Please give any legal advice you can think of!???!!?

Bloody 2nd hand cars!

 

[trapperjohn]

^Sorry to hear this.
I would say get your known and trusted garage to fix it and bill the other garage. Where you stand legally Ill leave to others.
I wish you luck, it could be a long one.

 

[nick mercedes]

I have rung the garage in question and so far there is no answer. So my dilemma is whether to have my own mechanic fix the car and send the bill to them, or just wait.

You have no contract with the garage, there's no reason for them to sort it out or indeed pay for someone else to sort it out.

You may as well crack on and put a new bolt in.

 

[DSM10000]

You have no contract with the garage, there's no reason for them to sort it out or indeed pay for someone else to sort it out.

You may as well crack on and put a new bolt in.

This is not entirely accurate, they have a legally binding duty of care to ensure any work they carry out is done so safely. If that had happened at speed the consequences for the driver, passengers and other road users could have been very serious or fatal.

If they do not respond or offer to pay then ask your mechanic for a report and then contact trading standards. the previous owner will presumably have a record of the "repair"?

Have the car checked over for any other damage caused by this failure and list this this in any correspondance you enter into, keep records of 'phone calls, date, time, who you spoke with and send letters by recorded delivery if you follow it up.

 

[philepo]

Nick, Why shouldn't the garage have responsibility if they have done a faulty/dangerous repair? I have the receipt by the way.

Cheers

 

[nick mercedes]

Nick, Why shouldn't the garage have responsibility if they have done a faulty/dangerous repair? I have the receipt by the way.

Cheers

Because you didn't pay for it, really it has nothing to do with you.

The former owner could take action, but not you.

 

[nick mercedes]

If they do not respond or offer to pay then ask your mechanic for a report and then contact trading standards.

A waste of time, the only person who has any recourse is the proir owner who paid the bill.

Honestly.

 

[BlackC55]

How can you also prove that it was the garages fault?

 

[DSM10000]

How can you also prove that it was the garages fault?

I appreciate this is a grey area in terms of the new owner not having a direct contract with the garage regarding the work carried out but I think it is worth at least following up, if reputable they would want to know about it for if nothing else a "word of mouth story" about this getting around could damage their business

Assuming another component failure did not contribute (this is why I suggested getting a report from the new owners mechanic as to the cause) then If the part fitted two days previously was the one that failed it was either fitted incorrectly or was of sub-standard quality and there is a clear trail of responsibility.

I agree it may end up getting to stalemate but if you do not ask you do not get.

 

[philepo]

Spoke to trading standards. I don't have a leg to stand on.

My contract is with the seller, who as a private seller is responsible for a fair and accurate description of the car (it was sold as good condition), so in theory I can ask him to pay, and then he in turn gets the garage to pay - as his contract is with the garage that did the work. But, I know the seller is very unwell and so I'm not about to badger him for money as I would feel terrible - an honest old boy, not his fault really.

I did call the garage to see if out of goodwill (and shame) they would fix the car. he wasn't helpful and doesn't understand how the ball joint pinch bolt has fallen out. I know why! it wasn't tight/and or was never in!

So I am having a trust worthy garage repair the car and even tho in theory I could sue the seller, I won't. Wish I could get back at the garage who did this appaling job tho. the mechanic sounded very simple, not to mention rude.

 

[jaymanek]

^ Thats what Nick was explaining, you cant go back to the garage and even if you were the original customer its very difficult to prove anything. Just get it done, thankfully it has caused no lasting damage.

 

[Charles Morgan]

Just mark it down to experience and move on. These things are sent to try us, but as long as you are ok and the car is not damaged, wasting psychic energy is of no use to anyone.

 

[Stratman]

I doubt any case you brought against the seller would succeed. As it was a private sale you are deemed to have satisfied yourself of the vehicle's condition since the seller is considered a layman. The fact he had work done by a professional before selling it would go massively in his favour as proof he wasn't hiding any fault known to him.

Put it down to experience and be thankful it happened at walking pace, not on a motorway.

 

[philepo]

^ Thats what Nick was explaining, you cant go back to the garage and even if you were the original customer its very difficult to prove anything. Just get it done, thankfully it has caused no lasting damage.

Yes, looks like that is the case, no leg stand on etc

Re damage. I don't know what the damage is yet, fingers crossed it is repairable. Does seem odd that even a bill from one week ago for 300 quid for a crap repair doesn't give me any power.

Moving on is all well and good, but to me, several hundred quid is not budgeted for as a nature student.

Still, it didn't happen at speed with kids on board

 

[grober]

Here's a cutaway of the assembly in question. My guess the old [locking?] nut and bolt were used and I would wager that Volvo would say their replacement was mandatory on ball joint replacement. Volvo 850 chassis front ball joints are known weakness so that bolt may have been torqued up quite few times in its life and may simply have failed or the locking nut was no longer "locking" and came off. A couple of quid fora new bolt and locking nut plus washer was all that was needed.

 

[philepo]

Here's a cutaway of the assembly in question. My guess the old [locking?] nut and bolt were used

Thanks very much, yes I would say that sounds very plausible - why don't mechanics that have made an error feel shame? I would be mortified if I was responsible!

Thanks for all the info, as always, very helpful.

 

[Spinal]

Thanks very much, yes I would say that sounds very plausible - why don't mechanics that have made an error feel shame? I would be mortified if I was responsible!

Thanks for all the info, as always, very helpful.

Some do... Not long ago I sent my bike to a Ducati dealer for a service... it came back (they come and pick it up/drop it off in a van) and within a km or so, the rear brake assembly just fell off...

Called them, and explained the situation. They apologised profusely, saying that the brakes were tested, that for the work carried out they didn't remove the caliper/bolts (which isn't true.... but that's besides the point) and generally made excuses.

That said, a few days after their van was collecting my bike again and they changed the caliper/brake line with a new one, along with further apologies (and excuses...)

So it really depends on where you go. Some value their reputation, and will rectify a situation even if in a court it wouldn't stand...

M.

 

[martyz]

Just mark it down to experience and move on. These things are sent to try us, but as long as you are ok and the car is not damaged, wasting psychic energy is of no use to anyone.

sound advice. not too much to sort hopefully.

 

[abueloeddie]

Sorry to hear of your close shave and problem with buying a seriously damaged vehicle.

But....'caveat emptor' springs to mind.. I was never in a position to properly judge the the real condition of any of the 30+ cars I've bought in over 45 years of motoring, so I've always used the AA or the RAC Vehicle Inspection Services and latterly coupled that to a Data check. Cost of peace of mind? £170 . Well worth it to a non mechanic.

 

[snoop51]

nature student.

What sort of "Nature" are you studying???

Naturist Youth Opportunities, Tallahassee Naturally