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post #1 of 25 (permalink) Old 12-08-2005, 09:59 AM Thread Starter
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WORD OF WARNING

I own a 2001 2.9 CRDi with 54k miles on the clock, and just turned 4 year old. To cut a long story short a couple of weeks ago it started developing a noise on the timing belt side of the engine. Turns out it was the timing belt coming through the plastic outer casing. Vehicle is fully serviced, but warranty ran out at three years.

KIA UK and not accepting any liability for what obviously is some mechanical defect which caused the belt to come through the outer casing.

Anyone had similar problem.
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post #2 of 25 (permalink) Old 12-08-2005, 03:40 PM
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Never seen or heard of a fault like this I'm afraid.

But if you have a full kia service history, and with a bit of pressure you will get something, unlikely to get 100% outside warranty period I'm afraid.
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post #3 of 25 (permalink) Old 01-11-2006, 05:21 PM
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But surely the goods must still be of satisfactory quality, Macolm you have 6 years statutory rights, you either need to talk to the CAB or your local trading standards, I think its disgraceful that in this day and age a car can not be made with safe valves,

All thats being relied upon to stop valve piston interface is a small rubber band!

Oh and we probably sometimes forget that if we have comprehensive insurance thats exactly what we get, perhaps talking to your insurance company may either cover you or get Kia to start talking sensibly?
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post #4 of 25 (permalink) Old 01-11-2006, 05:25 PM
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Oh and here's a handy link that may be of use,

Office of Fair Trading
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post #5 of 25 (permalink) Old 01-11-2006, 05:41 PM
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Hello Pepper

6 years statutory rights covering------?
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post #6 of 25 (permalink) Old 01-11-2006, 05:45 PM
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That the product you buy should technically be able to last that long, although manufacturers and sellers normally give one years warranty the product should still be working after 6 years I'm trying to find some more detail now.
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post #7 of 25 (permalink) Old 01-11-2006, 05:48 PM
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Try This for starters


FACTSHEET and Frequently Asked Questions (FAQs)

Subject: Sale of Goods Act, Faulty Goods.

Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
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post #8 of 25 (permalink) Old 01-11-2006, 06:03 PM
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Sorry that was from here,


DTI web site
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post #9 of 25 (permalink) Old 01-11-2006, 06:59 PM
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Hello Pepper,
Yes I'm fully conversant with the current legislation, its how people take them to mean and apply them that leaves most people at a loss.
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post #10 of 25 (permalink) Old 01-31-2006, 08:13 AM Thread Starter
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I have also taken legal advice which is to follow my complaint through the insurance companies official complaints procedure, then through the FSA official complaints procedure, then make a claim through the small claims courts.

I'll resend the photograph tomorrow.
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