Stalled by ‘goodwill' for car repairs: Are Irish drivers being left in the lurch?

Irish Times

14 hours ago

Many of us will probably have been given the same story at some stage of our motoring lives.
A car, as likely a recently bought one as an older model, will develop a problem. A major one.
It will be brought back to the dealership, who will prescribe an expensive repair, one whose cost may be defrayed by 'goodwill'.
That goodwill can take many forms. It may be a total covering of costs. It may be a partial cover. It may be none of the above – but you might get a courtesy car.
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However, in some situations, the issue your car has experienced may stem from a known manufacturing defect – and in many other countries, similar faults are being addressed through formal recalls.
The whole concept of 'goodwill' can be problematic, as it implies that the consumer – quite apart from asserting their legal rights – must have been compliant in a particular way: had the car serviced only with a main dealer and kept it in such a condition that no questions could be raised about its overall maintenance.
Equally, placing repairs on a 'goodwill' basis allows dealer and carmaker considerable discretion – after all, 'goodwill' is not a recognised consumer right under Irish law.
Can the legal net be tightened on these kinds of repairs? Possibly. There has been a recent case involving cam chains and the diesel engines made by the Stellantis Group, formerly the PSA
Peugeot
Citroën Group.
A cam chain is a crucial engine component, and if it fails while the car is running, it can cause catastrophic engine damage.
One Irish customer, driving a 2021 Peugeot 5008, experienced such a failure and had the car recovered to a Peugeot dealer for inspection. What followed was a protracted series of inspections and repair estimates that left the car idle at the dealership for several months.
At the time of writing, it is still there, with repair work scheduled under 'goodwill'.
However, this specific issue is known within the industry, and is reportedly linked to a manufacturer-recommended engine oil that may not adequately protect the cam chain – identified officially as part number 9812647280.
While some might view Peugeot's coverage of repair costs as an act of goodwill, others argue the fault should be addressed more transparently.
In France, the issue has received greater public attention, prompting Peugeot to initiate what it calls a 'preventive update campaign' – effectively a recall – to replace the existing 7mm cam chain with a more robust 8mm version.
The campaign also includes upgraded sprockets and other components, and is carried out at no cost to the customer, without reference to service history or owner behaviour.
The CCPC found some Irish dealers were telling customers – incorrectly – that their vehicle warranties would be voided if serviced or repaired outside the official dealer network or with non-original parts. Photograph: Nick Bradshaw
The issue affects at least 760,000 vehicles across Europe. Given its scale, consumer advocates argue it warrants treatment as a formal recall.
Peugeot has confirmed it is extending warranty coverage for this component to seven years or 180,000km – but only for vehicles with a full service history.
According to Gowan Auto, Peugeot's Irish importer: 'The issue with this particular car is that it has never been serviced since purchase. Therefore, the customer has agreed to pay the price to fit the new chain.'
That service history requirement could be problematic. According to Gowan, to qualify for free repair, owners must provide 'a printed or digital copy of their service receipts which should state the date, dealer and itemise what work has been carried out, oil used, etc.' and this must reflect a 'full service history' – an unbroken record of scheduled maintenance.
This condition may sit uneasily with a recent
Competition and Consumer Protection Commission (CCPC)
report into potential anticompetitive practices in car servicing and repair.
The CCPC found some Irish dealers were telling customers – incorrectly – that their vehicle warranties would be voided if serviced or repaired outside the official dealer network or with non-original parts. In some instances, independent garages reported being denied access to essential diagnostic tools or data needed to carry out repairs.
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The CCPC's stance is unambiguous: 'Such practices can break competition law.' While that conclusion does not directly apply to the Peugeot case above, it's a useful point for any consumer being told that 'goodwill' depends on main-dealer service records.
Craig Whelan, director of antitrust at the CCPC, said: 'Motorists must be free to choose where they service their vehicles and what parts they use without fear of losing their warranty.
'Independent garages must not be blocked from accessing essential diagnostic data or tools. These restrictive practices hurt consumers, stifle competition and unfairly advantage authorised dealerships. We will continue to monitor this issue closely and will take appropriate enforcement action where we believe competition law has been breached.'
The CCPC also notes certain mechanical issues may raise safety concerns. In the case of cam chain failure, the engine can seize without warning, potentially resulting in loss of power steering and braking assistance – a scenario with obvious safety implications.
In relation to safety risks, the CCPC told The Irish Times: 'Consumers may have the option to resolve their issue under consumer protection law or product safety law.
'There are common consumer protection rules across Europe to protect consumers from faulty goods and services. These rules were updated in 2022 and became part of Irish law through the Consumer Rights Act 2022 (CRA) ... consumers in Ireland can seek a remedy for faulty goods for up to six years after purchasing.'
That legal framework could open the door for consumers to claim redress even where manufacturers have not issued formal recalls. If the cam chain fault is acknowledged as a design issue, it may fall under CRA protections regardless of warranty status.
That said, there is potential for jurisdictional confusion. While the CCPC previously handled motor recall issues, this responsibility now lies with the
Road Safety Authority (RSA)
, which is undergoing a significant reorganisation. The transition could delay or complicate recall responses for Irish consumers.
Two main barriers discourage consumers from challenging manufacturers in such cases.
First, the emotional and practical disruption caused by car failures often pushes people to accept whatever resolution is quickest, even if it involves out-of-pocket costs.
Second, the low monetary value of most claims limits legal options – District Court rules constrain what solicitors can recover in fees, making it harder to take on complex, time-consuming automotive disputes.
According to one Irish solicitor familiar with such cases, who asked not to be named due to ongoing client work, these challenges mean legitimate defects may go unresolved: 'We've seen instances where cars were sold with known issues, and consumers later found they needed to purchase extended warranties to cover problems that arguably should have been disclosed or repaired from the outset.'
This solicitor also emphasised the human cost: 'I've seen people in tears over stuff like this. They couldn't get to work, school, or even bring children to hospital appointments because the car was off the road. And the responses often rely on technicalities. 'Did you use our recommended oil?' or 'did you get it serviced with us?' It can feel like trying to climb a wall blindfolded. People are under pressure, and that's one reason they don't litigate – the uncertainty, the delay and the cost.'
Returning to the Peugeot case, Gowan Auto says the affected car is being addressed. It confirmed: 'The Stellantis customer care platform and website was launched in France and Spain in December 2024. However, it has not yet been rolled out to Ireland or other markets.'
An announcement is expected in July, which would implement a new ten-year or 240,000km extended coverage policy across Europe – including Ireland.
That would offer welcome consistency for Irish customers, aligning their rights with those of their European neighbours, regardless of whether they meet subjective 'goodwill' thresholds.
In the meantime, if your car develops a serious fault, don't assume it's an isolated issue. If you can, take time to research it, and don't let vague references to 'goodwill' keep you from asserting your legal rights.