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Hyundai Santa Fe - Chances in small claims court - Stephen.Amor

I was just wondering if someone could give me some advise on my chances in small claims court.

In March 2009 I bought a 2007 Hyundai Santa Fe for £16000 and in this time we have driven 20000 miles. Altogether the car has done 26500 miles.

We have never really driven the car on any long journey (90miles at the most) but we decided to go to Spain this year by driving through France and the car broke down at a French Toll Booth. The fault has been diagnosed as the gearbox and this will need to be replaced.

We have had the car serviced every year by a local garage as the Dealership is 45 miles away, this has been done with the scedule in the owners manual as well as evreything else getting a visual inspection (Fluid levels ect).

After getting the car back to the dealership I was told that the car went out of warranty 5 days before I broke down and as I have not used the Hyundai network of dealerships to get the car serviced Hyundai are not willing to offer any help towards the repair.

They have said the gearbox will need to be replaced and this will cost £2850 inc.

Is this something I could take under the consumers rights act as I am sure a automatic gearbox should last at least 4 times the amount of miles I have done

Hyundai Santa Fe - Chances in small claims court - Armitage Shanks {p}

SFAIK the warranty is valid so long as whoever did service the vehicle used genuine Hyundai parts. Doe the automatic gearbox feature in any of the servicing schdules that were, or should have been, carried out? A fluid change perhaps?

Quote from Hyundai T&Cs does NOT mention Hyundai servicing - only the parts.

To ensure the continued reliability and safety of the vehicle, certain routine maintenance and service operations are required at specific mileage or time intervals, using parts which meet Hyundai technical performance and quality specifications. It is the responsibility of the vehicle owner to ensure that the vehicle is maintained in line with the required Hyundai Motor UK Ltd. maintenance and service operations and schedules.

The new vehicle warranty may be invalidated and the safety and reliability of the vehicle adversely affected if maintenance and servicing is not performed in line with Hyundai Motor UK Ltd. requirements.

We recommend that the vehicle owner take the vehicle to a Hyundai Authorised Repairer who has specific Hyundai expertise, training and specialist equipment and will fit parts of the correct specification and quality in order to ensure that work is carried out to the standards Hyundai requires and you expect.

The vehicle owner may choose an independent service provider to provide routine maintenance and service and to fit alternative parts, however any parts used that may affect the vehicles warranty, must be of an equivalent quality to the Hyundai genuine parts.

Edited by Armitage Shanks {p} on 11/05/2012 at 14:21

Hyundai Santa Fe - Chances in small claims court - Stephen.Amor

The services in the hand book does not show any services or inspections needed for the Transmission untill year 6 service or 60000 miles. This is what I got told would have to be done after they rejected my services:-

Quotation No 1161306 Quotation Date Tue 8th May 2012

Make HYUNDAI Model Santa Fe CM - 2009 to 2010
Engine 2.2 Variant 2.2 CRTD Auto CDx & Gsi
Reg No EA07GZR Mileage N/A
Product Details Qty Lab Hrs
Menu Pricing Jobs

30k Miles / 36 Mths Standard 1 2 Hrs
PartNo Description Qty In Stock Price
2151323001 GASKET-OIL PLUG 1 70 £0.64
2631027420 FILTER ASSY-ENGINE O 1 5 £12.82
971332G000 FILTER ASSY-AIR 1 2 £29.88
ANTI-FREEZE ANTI-FREEZE 4.1 0 £21.01
ENG OIL 4 SAE 5W-30,10W30,15W40,20W-40 6.7 0 £72.28
ENV ENVIRONMENTAL CHARGE 1 -264 £14.10
SW SCREEN WASH 1 0 £3.59

40k Miles / 48 Mths Standard 1 3.2 Hrs
PartNo Description Qty In Stock Price
2151323001 GASKET-OIL PLUG 1 70 £0.64
2631027420 FILTER ASSY-ENGINE O 1 5 £12.82
281132B000 FILTER-AIR CLEANER 1 2 £10.86
319222B900 FILTER CARTRIDGE 1 1 £22.00
971332G000 FILTER ASSY-AIR 1 2 £29.88
BF BRAKE & CLUTCH FLUID 2 6 £19.92
ENG OIL 4 SAE 5W-30,10W30,15W40,20W-40 6.7 0 £72.28

50k Miles / 60 Mths Standard 1 1.7 Hrs
PartNo Description Qty In Stock Price
2151323001 GASKET-OIL PLUG 1 70 £0.64
2631027420 FILTER ASSY-ENGINE O 1 5 £12.82
971332G000 FILTER ASSY-AIR 1 2 £29.88
ENG OIL 4 SAE 5W-30,10W30,15W40,20W-40 6.7 0 £72.28

It say that the Transmission fluid should be checked every 24 months/40000 miles and changed at 160000 miles...............

Mine has been checked every month while I do the monthly fluid checks and on every service by my mechanic. I also have an email from the dealer stating that they have check the fluid level and viscosity during their diagnostics and everything is as it should be

Hyundai Santa Fe - Chances in small claims court - tony g
Hi Stephen ,
Regrettably I don't think you will win a case against the manufacturer .

It looks straight forward to me .Your warranty period of 5 years had expired when the gearbox failed ,so the manufacturers obligation to you had expired.In addition you had opted not to use a the manufacturers franchise to have the car serviced ,as a result you cannot expect a goodwill gesture from Hyundai .

However ,you could use the courts to try and get Hyundai to contribute . the cost and total liability to you ,for a small claims court action is just two hundred pounds .Hyundai may consider it cheaper to pay an out of court settlement ,rather than have a solicitor represent them in the SCC .

Finally you could have an auto gearbox specialist overhaul the gearbox for you ,its likely to be much cheaper than replacing the gearbox .

Regards

Tony g
Hyundai Santa Fe - Chances in small claims court - bonzo dog

Hi Stephen, you have 6 years from date of purchase to pursue a claim under Sale of Goods Act against the retailer.

The claim you will be making is that the goods were not as durable as should reasonably be expected given the age, mileage & purchase price of the goods.

I certainly wouldn't like to say whcih side the court would give judgement for.

Good luck

Hyundai Santa Fe - Chances in small claims court - tony g
Hi bonzo,see below ,it seems that the durability of goods is subject to a trade association ,is that correct ?

( If you buy something which should last 7 years but breaks down after a year and a day, you can still claim it was of poor quality in reference to the durability aspect. In this respect it will help to know how long items such as washing machines or printers should last. You can get this information from the relevant trade association.)

Regards

Tony g
Hyundai Santa Fe - Chances in small claims court - bonzo dog

Hi Tony, unfortunately I'm going to have to say what I always do ........ it's entirely up to the court to decide upon the circumstances in question & the only way a customer will discover how the law impacts on his particular circumstances is to go legal.

From http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/glossary

The durability requirement is that the item should work or last for a reasonable time but it does not have to remain of satisfactory quality. For example, a pair of wellington boots should stay waterproof but does not have to keep its brand new appearance

And "reasonable time":-

This depends on the item and the circumstances. What is reasonable is determined by taking everything into account and considering what an impartial person would think is reasonable

One of the problems of course is that an owner will rarely be an "impartial person"!