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Snafu

Consumer Rights - 5 Year Old Car

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Howdy,

I have a 5 year old car, purchased from new from Mazda (Mazda2). The driver seat has basically come off its rails as the washers keeping the bolts in place have come undone, and the welds are broken supposedly (the Mazda mechanic said). This means the seat basically drops off on on side and could quite possibly snap further.

353 quid to fix, 2 hours labour of 60 quid an hour plus VAT etc. I said no I'll look around.

I am wondering what possible legal rights i can quote, if there any, with regards to what you can expect to still work on a car?

I've trawled through trading standards etc but nothing jumps out legal speak wise and was hoping for some HPC hive guidance?

Questions:

1. Any good legal quotes from consumer rights that pop to mind? Inherent design flaws from the get go etc?

2. Do you guys reckon/know if I can install a non Mazda original parts that might actually be better, considering the original mazda construction seems pants!

3. Should I even consider getting the parts and installing myself?

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Does it have a warranty still? Does it include this?

Searched forums to see if similar problems on other cars?

Out of warranty.

I shall have a search too!

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An expensive purchase should be expected to last at leats 6 years. Either you have bounced about in that seat too much (I won't be asking any further questions on that), or you have a big bum .. or the cat seat is substandard.

It's unlikely you'll have paid for it on a CC so you'll have to write to mazda and ask them to put it right. They almost certainly won't, but if you have any friends who write for car magazines or can collar someone useful on twitter you might be able to pressure them into a repair.

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Mazda don't owe you anything but you might be able to get a goodwill contribution towards the cost of repairs.

Car dealers can apparently be pretty variable in their treatment of out of warranty repairs so don't be surprised if you get nothing, especially if it has been serviced outside the dealer network.

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Guest eight

Mazda don't owe you anything but you might be able to get a goodwill contribution towards the cost of repairs.

Really? I would have thought this was a fairly serious matter. The seat fittings should really outlast the car.

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Expect disappointment and anything else but is a bonus. :)

The gearbox in a Mercedes I had (admittedly quite a few years ago now) died just out of warranty and after only 29,000 miles and Mercedes didn't want to know.

Turns out now with the benefit of web forums this model had a serious problem so maybe they were going to get stung by numerous claims. Maybe if your Mazda is not known for this seat problem you might have more joy.

GOOD LUCK!

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Expect disappointment and anything else but is a bonus. :)

The gearbox in a Mercedes I had (admittedly quite a few years ago now) died just out of warranty and after only 29,000 miles and Mercedes didn't want to know.

Turns out now with the benefit of web forums this model had a serious problem so maybe they were going to get stung by numerous claims. Maybe if your Mazda is not known for this seat problem you might have more joy.

GOOD LUCK!

A-Class Auto?

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Going to buy some g-clamps and clamp that sucker until I figure out what to do.

God I hate dealerships.

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Welds shouldn't fail. If you think its a safety issue, contact VOSA.

Not much recourse otherwise. Try an independent for an alternative price and opinion or go back to Mazda and lay it on thick about goodwill.

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Welds shouldn't fail. If you think its a safety issue, contact VOSA.

Not much recourse otherwise. Try an independent for an alternative price and opinion or go back to Mazda and lay it on thick about goodwill.

I really suck at pushing for stuff. Almost rather pay to avoid hassle, weak I know. Sent off an email to mazda head office too.

VOSA is a good one actually, will see about that. It sort of feels like somewhat serious defect, if what he said was true. He could have said "welding issue" and then just sting me.

Need a second opinion definitely.

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Guest eight

Going to buy some g-clamps and clamp that sucker until I figure out what to do.

God I hate dealerships.

I think it would be an MOT fail too.

Not to mention it coming detached in an accident, and all the airbag implications on top of that.

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I think it would be an MOT fail too.

Not to mention it coming detached in an accident, and all the airbag implications on top of that.

Yes the sensible thing would be to just pay for it straight up. Argh.

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Maybe if your Mazda is not known for this seat problem you might have more joy.

My gut feeling would be the other way round. If hundreds of Mazda seats have been falling to bits whereas those of a similar age in other cars haven't, then Mazda would effectively be forced to concede that the model as a significant design and/or manufacturing defect. If yours is a one-off, however, then they could claim that customer abuse is the cause (e.g. having a BMI of about 45, or doing things in the car that, like Sarah, I'm not going to elaborate on).

This is a very grey area. When I was a student, a friend's 15 year-old Volvo spontaneously burst into flames on the motorway. Her mother had bought the car new, and passed it on to my friend at about 10 years/100k miles. I asked, out of interest, when it had last been serviced and if anything untoward had been spotted. 'Serviced?' was her response. After further enquiries with her mother, it emerged that the car in question had not been inside a garage (apart from MOTs) for its entire life. It had never even had an oil change!

Obviously, no claim could be made that Volvo had done anything wrong in a situation like that, as there is a reasonable expectation that a car's owner will do (or have done) certain maintenance tasks. But that doesn't include seats, and weld joints certainly shouldn't fail in normal use. But presumably in any legal case the reasonableness test would be applied, and if the car is five years old and the failure is not due to a recognised design or manufacturing defect, I suspect that a judge might decide that a one-off incident of a seat disintegrating is effectively an act of God.

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Guest eight

Obviously, no claim could be made that Volvo had done anything wrong in a situation like that, as there is a reasonable expectation that a car's owner will do (or have done) certain maintenance tasks. But that doesn't include seats, and weld joints certainly shouldn't fail in normal use. But presumably in any legal case the reasonableness test would be applied, and if the car is five years old and the failure is not due to a recognised design or manufacturing defect, I suspect that a judge might decide that a one-off incident of a seat disintegrating is effectively an act of God.

Have you got an address to send the invoice to?

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I think the best failure on a car I've had was my vauxhall viva. When I pulled on the handbrake it came right off the floor.

Its quite fun trying to do a hill start without a handbrake without rolling back into the car behind. :unsure:

A bus company I worked for bought two Leyland National MkIIs cheap - early production models. They were cheap because they knew the timing chain cover would shake loose and dump the engine oil onto the road. Rolls Royce didn't solve the problem - one of the local mechanics did. No warranty, that was the price of getting them cheap.

Those were the days!

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I thought Mazda were better than this! :blink:

Obviously you could drive it from the passenger side using string and wearing stilts, or very high heels! Although this will be bad for your posture, and could lead to back problems! :blink:

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Have you got an address to send the invoice to?

God

The fluffy Cloud

1 Heaven Avenue

For All Eternity

Ever and ever

AM EN

Or try the other fella.

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Mine is. Snafu's fault for buying a ford.

Nothing wrong with "most" Fords Mr. Tuesday! I appreciate Mazda and Ford were fairly closely related! Some years ago, due to a sporting accident, I wanted a Ford Probe! I never got one!

:blink:

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This thread might be worth a look, it mentions the Sale of Goods Act and the six year rule, perhaps this does offer an avenue to apply pressure on the dealer/head office if they are uncooperative:

http://www.honestjoh...dex.htm?t=99646

yep. I was going to mention the 6 year rule.

I thought rumpy pumpy mainly takes place on the passenger side?....still takes all sorts.

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