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Most unfortunate incident.Not really how you wanted to start the new year.

I haven't read all the posts, but if you just filled the car to the right oil level, will it not just work normally.
This maybe be your quickest and cheapest option.

Otherwise it is small claims court, representing yourself.
 

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Discussion Starter #42
I wish that was true, if I could just take out extra litre oil out and drive away! I asked Kia this option, But Kia is telling me this car should not be on the road anymore. if I want to drive away this car in current situation I LL need to sign some serious documents! So I said listen I m not mechanic, one dealer told me this car is fine and it has 7 years warranty so I was driving, now Kia telling me don't drive this car so I LL not drive. I m accepting they r giving professional advice. Also the oils have been drained and the car is not in driving situation at all.
 

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Discussion Starter #43
This is the whole point. I bought this car in good faith with written confirmation having 7 years manufacturers warranty. But it turned out that is not true. So basically I m lied to . You don't think why I lose financially cos of someone else mistake? What is my fault in all this? one did not check the correct engine oil before pouring in??? How many times we check the engine oil after we left car for servicing. We take word of professionals that's why we pay for their services.
If the car has 7 years valid warranty we won't be discussing this here! Dealer should had made sure the car he is selling, has valid 7 years warranty. So u think it's ok for me to loose money or go bankrupt.cos someone else didn't do their home work.
 

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The car did have warranty when you bought it

When it was over filled with oil the warranty on the engine and components that use / effected by the oil that's when the warranty was voided

The rest of the car still has the ballance of the warranty

Why should kia be expected to pay to fix a fault that is not theirs and was done by another garage that you paid for

Again kia their self are not at fault neither is the warranty it is the garage who over filled it who are the bad guys
you had the work done by this other garage not kia so it is between you and them not them and kia or you and kia.

Get the car on a transporter ( you dont have to sign anything its your car which is not being driven but being put on a transporter )dropped of at door of whoever over filled it, your beef is not with kia but them or the warranty.

I really don't understand your obsession with complaining the warranty on those components have been voided that is not kia's fault. To be honest I'm starting to think we are just feeding an internet troll because this is just getting silly now as you seem determined to try blame kia for a fault that is absolutely nothing to do with them.

But you still did not answer my question , was the engine management light on ? Was the car blowing lots of smoke out the exhaust ?


the car did have warranty when you bought it
Edited by: Mickg
 

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Discussion Starter #45
Hi mickg, you misunderstood me. I m not blaming Kia or their warranty. I said the dealer I bought from, sold the car to me with remaining 7 years warranty. And that warranty is void cos someone overfilled the engine oil.nothing to do with kia and it's absolutely no fault of Kia. My contract is with the dealer I car bought from, hence chasing him for resolution, Not Kia.

No there was no warning light on, I can't remember seeing black blue smoke. I just do normal checks like any normal driver, I.e. water, coolant, engine oil and was surprised to see oil above max level. Then I rang Kia dealer and booked for diagnostic at next available date. I never thought the issue to be this serious and I ll end up in this situation.
 

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Well if you don't want to put some engine oil in & drive it then it's a very lengthy and costly court case, and the inconvenience and cost of arranging alternative transport.

I'm not saying you haven't been wronged, just being realistic.
Let us know how you get on.
 

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This is going to get very expensive and messy quite quickly. The dealer will drag their heels as they have had their money for the car.

I'd personally pull the car out of kia get someone to suck the oil out back down to max mark. Go and trade it in. That's going to be your quickest option to get back in the road. You'll take a hit but its got to be better than arguing the toss with the seller and paying out on hire cars and travel costs
 

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If i were in your shoes and didnt have the option to reject the car i wouldnt be texting and phoning to be fobbed off i would be down at the persons who made the mistake with the car and not leave untill they agreed a refund or repair.

I know i couldnt afford to go down legal route as it would cost to much with the process and hire cars etc in the mean while

So if i were in the possition im with aircraft to be fair now I know there was no check engine light and excess smoke (just to be 100% clear I'm not telling, suggesting or advising you to do it tho). Drain oil new filter then drive it from there, I really don't see how the dpf can need cleaning / replacement if the car never burned a load of oil down through it nor the egr and cooler.

It sounds like a computer generated list of instructions to suit a load of oil over level related faults to cover all bases as they can just do minimal work as the possibility of a related failure puts their reputation at risk etc or the faults were there before the over fill of oil and that's why the car was traded in.

I think if the kia dealer removed the dpf, egr and cooler plus done a diagnostic for £85 then didn't do the repair but put it all back together then you got a bargain.

Either way your warranty on engine and parts that use engine oil have a now voided warranty regardless (bear in mind the rest of it will have the standard warranty)Edited by: Mickg
 

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You were advised by myself and others to reject the car before the 30 days expired. You ignored this advice and instead you appeared to believe that the dealer was a nice chap who wanted to help. You have now found discovered the 3 most important rules of car buying

1) all dealers are liars
2) all dealers are liars
3) refer to rules 1 & 2.

You have lost the "get out of jail free" 30 day rejection but you still have the pre 6 month rejection. Problem is you have to allow the seller 1 attempt to fix the car before you can reject it and only then if the fix was unsuccessful.

Looks to me like you are going to have an expensive and protracted legal battle and even if you win there is no guarantee the dealer will have any money to refund you.

Best of luck, you need it.
 

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Acenta said:
You were advised by myself and others to reject the car before the 30 days expired. You ignored this advice and instead you appeared to believe that the dealer was a nice chap who wanted to help. You have now found discovered the 3 most important rules of car buying

1) all dealers are liars
2) all dealers are liars
3) refer to rules 1 & 2.

You have lost the "get out of jail free" 30 day rejection but you still have the pre 6 month rejection. Problem is you have to allow the seller 1 attempt to fix the car before you can reject it and only then if the fix was unsuccessful.

Looks to me like you are going to have an expensive and protracted legal battle and even if you win there is no guarantee the dealer will have any money to refund you.

Best of luck, you need it.
All very good advice here.

Especially rules 1,2 & 3
 

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Discussion Starter #51
Thanks for the advice Acenta, but I looked at 30 days rule, it states, the defect has to be present in car. and when I talk to dealer he keep rejecting any further talk and keep saying he has to investigate first and the fault has to be proved first!I could drove to the car to dealer's yard, but car is immobile since.
 

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gss121 said:
Thanks for the advice Acenta, but I looked at 30 days rule, it states, the defect has to be present in car. and when I talk to dealer he keep rejecting any further talk and keep saying he has to investigate first and the fault has to be proved first!I could drove to the car to dealer's yard, but car is immobile since.
Please listen to what people are telling you and not the dealer.

The rules state that within the first 6 months the fault is assumed to have been present when purchased. After 6 months the purchaser is required to provide evidence that the fault was present when purchased.


The fault with your car, the raised oil level, was present when you bought it, no question of that, its been admitted thus you had an immediate right to rejection. No investigation required.

But through listening to the dealer you are now in trouble and its probable only a court will sort it.

I suggest that tomorrow you do exactly what another poster suggested and that is to get some legal advice from a professional who is fully conversant with consumer law. That is not a bloke in the pub, its not the dealer who sold you the car, its not even me or anyone else on a forum. Its a specialist solicitor.
 

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Discussion Starter #53
thanks folks.If I put engine oil myself and drive away, apparently I am looking for more trouble, as the engine will eventually may fail as per advise from Kia dealer.

idea of hiring a tow truck and leaving car at dealer or the garage who did the service or at dealer who me sold me this, make a scene there, not sure where this may end and if I get any money at all.

The worse case I am thinking is, if no duplex communication take place with dealer in next two days.
I ll check with independent garages, get the quotes etc. I anticipate their quotes should be less than Kia dealer while work to b of same kia standard.
I am breaking down costs:
Forced regen should be around £100, oil and filters another 100 quid. as mickg said it may not forced regen at all. I can let it run at 2500 in 4th gear for 30 mins it should burn off the soots.

the big expensive toys seems are egr valve and cooler.
can anyone advice on how much costs for egr's repairs from independent garages?
software update can be only performed by kia dealers?

atleast after repairs, I ll've use of the car, as currently stands the hiring car/trains/buses costs may outstrip the repairs costs soon.

If I go to option of trade in, firstly I ll loose big chunk of money off this car doing trade in, and then put more money for next car. Again the next car may bring its own troubles and now I know how dealers great are and loose money again. then hassle of going looking around, tyre kicking.
this car is in good condition otherwise.
I think I ll stick to dealing with this trouble now, fix this car myself and send the bills to the dealer, go through small courts. I can take some time off for this sure.
more thoughts on this?


Edited by: gss121
 

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Discussion Starter #54
Acenta said:
gss121 said:
Thanks for the advice Acenta, but I looked at 30 days rule, it states, the defect has to be present in car. and when I talk to dealer he keep rejecting any further talk and keep saying he has to investigate first and the fault has to be proved first!I could drove to the car to dealer's yard, but car is immobile since.
Please listen to what people are telling you and not the dealer.

The rules state that within the first 6 months the fault is assumed to have been present when purchased. After 6 months the purchaser is required to provide evidence that the fault was present when purchased.


The fault with your car, the raised oil level, was present when you bought it, no question of that, its been admitted thus you had an immediate right to rejection. No investigation required.

But through listening to the dealer you are now in trouble and its probable only a court will sort it.

I suggest that tomorrow you do exactly what another poster suggested and that is to get some legal advice from a professional who is fully conversant with consumer law. That is not a bloke in the pub, its not the dealer who sold you the car, its not even me or anyone else on a forum. Its a specialist solicitor.

Thanks Acenta for your help. I ll surely contact the citizens advice first thing tomorrow morning.
 

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gss121 said:
idea of hiring a tow truck and leaving car at dealer or the garage who did the service or at dealer who me sold me this

Now I am confused.

Are you saying the garage you bought the car from did not do the service? this is very important. Did you pay for a service directly to the garage that did the service or was this included in the price of the car? this is very important.

Legally your contract is with whoever you paid. If you paid the seller who then paid the garage to do the service your contract is with the seller who is responsible for repairing your car. If you paid a garage to service the car they are legally responsible to fix the car, its nothing to do with the seller.

Please confirm which is the case.

gss121 said:
Thanks Acenta for your help. I ll surely contact the citizens advice first thing tomorrow morning
Please don't contact Citizens advice, I did not tell you to do that at all. The people at Citizens advice are mostly unpaid volunteers who in some cases know a little law but is most cases know very little. What I said was to contact a specialist solicitor, the initial interview should be free and they will advise as to if you have a case worth pursuing.
 

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Discussion Starter #56
Hi Folks this is the email from the dealer I received today:Dear Mr Znooper,

We write further to your communications with us on Friday 2nd February 2018.

Background
1/1/18 - Vehicle Purchased.
*Vehicle supplied with a Full Kia Service History, last Serviced by Kia ZZZZ dated 7/8/2017 @ 67540 miles.
*70,474 Miles at time of sale with the Balance of remaining Manufacturers warranty.

30/1/18 - You've taken your vehicle to Kia YYYY, presumably to make a claim under their 7 year warranty.
30/1/18 - Kia YYYY say they've identified that the car has had too much oil in it - although at this juncture they hadn't actually measured it.

31/1/18 - @ Mileage to be supplied Kia YYYY identify a EGR Cooler is now blocked & claim overfilling of Oil.
31/1/18 ZZZZ Cars TT commission and pay for the oil to be removed from the engine and measured.
31/1/18 Kia YYYY drain the oil and advise us they have c.4.75L drained [photographic evidence supplied] . This is consistent with the vehicle having the correct volume of oil [4.8L] in it.

2/2/18 - ZZZZ Cars TTT speak to Mr bla bla (Service Manager) who advises that their Job Card for Job No# 54*** shows that 4.8Lites of Oil was put into the Rio on their last service.
2/2/18 ZZZ Cars TTT obtain the Oil filter capacity measurements.
2/2/18 ZZZ Cars TTT speak to Mr Bla Bla who advises that IF additional fuel is in the filter then it would be consistent & normal usage [this matches with our capacity calculations for the fuel filter cylinder] this is entirely normal & would not constitute a bonafide overfill.

2/2/18 ZZZ ZZ Cars TTT ring Kia Customer Services and register a complaint about the refusal of Kia YYYY to deal with your vehicle under their warranty - [Reference *********] but they refuse to deal with the complaint until you [the owner of the vehicle] contact them directly or authorise us to act as your Agent.

Conclusion
Kia YYYYY's attempts to point at an overfill of Oil appear disingenuous, it is fairly obvious that they have a vested interest in trying to deflect attention away from you having a valid warranty claim with them, and we do not understand why they have suggested untrue causation for a vehicle that has to date only had FULL KIA SERVICING at official Kia dealerships.

We dismiss the suggestion that Oil overfill has meant the vehicle was sold to you 'unfit for purpose' as the evidence we've collected clearly contradicts this, the Oil levels have been measured and found to be entirely normal and certainly the problems you've described were not in existence at the date of sale.

We are sympathetic to the difficulty in dealing with a main dealer who seemingly hold ""˜sole' approval mandate for applying their Warranty resolutions, and that is why we have attempted to assist you thus far.

Ultimately this is an argument that you need to take up with Kia, after all what is the point of fully servicing your vehicle [with them] if they aren't going to honour the Warranty that their national advertising so loudly heralds and promotes !, we wish you good luck in that quest.

Yours sincerely




Where I go from here now...
Kia dealer where car is now, they said they have measured extra aprx 1 l of oil in their findings, this is what they have said in the report, hence the problem with the car. Kia dealer told me that from last records, the dealer himself said they poured in 5.3 litre of oil. but here dealer saying last garage put in only 4.8L oil which is correct...
I am totally lost who is telling the truth.
 

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You have not answered my question so I will try and give you some info based on the above.

The car was last serviced on 07/08/2017 by a Kia dealer.

You bought the car 01/01/2018.

Since the car had been serviced long before you bought it the dealer you bought it from is liable for repairs, your contract is with them.

Now go and get some proper legal advice.
 

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Discussion Starter #58
Acenta said:
You have not answered my question so I will try and give you some info based on the above.

The car was last serviced on 07/08/2017 by a Kia dealer.

You bought the car 01/01/2018.

Since the car had been serviced long before you bought it the dealer you bought it from is liable for repairs, your contract is with them.

Now go and get some proper legal advice.
I have no contract with the garage who done service etc, I bought car from dealer.
I have asked Kia dealer to bring the car back to the position when I left in IE.running, no engine light on,pour the oil back they taken out. They said they can't put the drained oil back. I did not ask them to drain the oil, the other dealer paid for it so I
Said ask him to pay for put back the oil into engine.
I m going this evening and collecting the car.,as folks suggested, there is no warning light or smoke . And it is driving ok. I LL take out and chase dealer for refund rather spending more money on hired cars or repairs.
 

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gss121 said:
I m going this evening and collecting the car.,as folks suggested, there is no warning light or smoke . And it is driving ok. I LL take out and chase dealer for refund rather spending more money on hired cars or repairs.

If the car is OK when you collect its I would consider it fixed. That means you will have no right for a rejection and refund.

If the seller has not given approval for the work to be carried out you have no right to ask for that money either.

If the car is OK you have not lost much money but if you had taken the advice given last week and rejected you would have got a refund.

Well done.
 

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His gss121, can I ask the registration number? It sounds very much like my previous car. Does it begin HY63? If so I can give further details about it.
 
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