... car seatbelt clasp incorrectly fitted at factory, I didn't notice until out of warranty

[LionRock]

Here's the situation...

Should the garage I bought my car from or the manufacturer sort this out? They want me to pay (and it's a surprisingly huge job). The car was made by a big manufacturer who I'm sure would like to be seen as family-friendly.

I really like my car and don't want to get a new one anytime soon.

OH and I recently did the all-important demo for the first child seat - I've never needed to use one in my car before.

The car seat fitter noticed that one of the 3 plastic seatbelt clasps in the backseat (the black n red bits that the metal buckle fits into) is fitted wrongly. This could have only happened in the factory when the car was being built.

The upshot is that since the front passenger airbag can't be disabled and one seatbelt clasp is unsuitable for carseats (but presumably ok for normal use as it passes MOT) I now have one option for where to put a seatbelt-fastened child seat rather than the two options I thought I had. And can obviously only carry one child in the car which is fine unless going out with friends' babies who'd also need a carseat.

The garage say that because the car is out of warranty it's my issue.

I know isofix is another option but feel this is a manufacturing issue with the car and it's reasonable that I wouldn't notice this during the warranty period.

I plan to talk to the manufacturer direct. WWYD?

[zipzap]

Talk to trading standards - they should be able to advise.

Think there is something in the law these days about things being fit for purpose when you buy them, different things have different lifespan expectancies regardless of what the warranty is for.

so you'd expect a cheapy toaster for a tenner to last for less time than a big expensive one that cost ten or twenty times more. But something like a washing machine even a cheap one, you'd expect to last for at least a few years because it is a big purchase.

Am pretty sure that they will say that you shouldn't be the one paying for it.

Alternatively is there a car standards authority anymore that might be able to give you some info? remember to talk about complaining to big bosses and appropriate authorities.


Finally if nothing else works there is a chap who has a car advice column in the telegraph newspaper called Honest John - who people write to when they have car problems and he seems to know his stuff, this sounds right up his street. Am not a car sort of person but I actually like reading his column . think he also has his own web site. you'd just have to not mind if he puts your letter on his column, but not like they put any identifying details in.

[LionRock]

thanks, all good ideas

[mellicauli]

You can argue it's not of merchandisable quality and that you are entitled to damages, regardless of the warrantee (which is irrelevant. it's an extra set of right, not a limit to your legal rights).

But you need to go after the garage, not the manufacturer. Your contract is with them. Start with a letter stating all this and saying you will sue if they do nothing.

If they still do nothing, sue in the Small Claims Court. You can do it online (MoneyClaim Online), you don't need a lawyer and if you lose you don't have to pay. It just has to be under £5,000.

[lollystix]

I would write to the customer ( or possibly even executive) complaints department if the car manufacturer directly. It should be dealt with by someone who is actually empowered to help. Be polite but explain the response from your garage and state that you feel it's unfair. I would imagine they will not give you the same response.