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Car - refund?

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Question....

 

What can I do?

 

Bought an Audi A4 three months ago, noticed an oil leak after 2 days and emission warning light also on!

 

- returned car, leave it 1 week before I'm told it's repaired so I go pick it up.

- leak continued and emission light comes back on so return again *repeat x4

 

I have now taken the car back 4 times, the latest return was end of July and the still have it!!! Just called and told that they "are working on it"!? 4 weeks to repair an oil leak????

 

Asked for a refund, but told that's not an option "they will fix it and call me when its ready"

 

Where do I stand?

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My niece got a full refund on a Peugeot 407 she bought (about 6-7k). It took some doing and legal threats but she was well within her rights. She is away for a week at the moment but when she's back I will ask her the ins and outs if you like.

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Question....

 

What can I do?

 

Bought an Audi A4 three months ago, noticed an oil leak after 2 days and emission warning light also on!

 

- returned car, leave it 1 week before I'm told it's repaired so I go pick it up.

- leak continued and emission light comes back on so return again *repeat x4

 

I have now taken the car back 4 times, the latest return was end of July and the still have it!!! Just called and told that they "are working on it"!? 4 weeks to repair an oil leak????

 

Asked for a refund, but told that's not an option "they will fix it and call me when its ready"

 

Where do I stand?

 

I'd get proper advice on it but if you've already paid for the car in full I'm pretty sure you are entitled to a full refund under the Sales of Goods Act if it went wrong in the first 3 weeks. Problem is now because it's had 4 repair attempts on it the resale value is going to be compromised.

 

I'd have thought the best option now would be a replacement car under warranty, especially if they've tried to fix it after 4 repair attempts.

 

Also, did you pay for the car in full? Technically the car doesn't belong to you until you've paid for it in full, and in the meantime it belongs to the finance company.

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Question....

 

What can I do?

 

Bought an Audi A4 three months ago, noticed an oil leak after 2 days and emission warning light also on!

 

- returned car, leave it 1 week before I'm told it's repaired so I go pick it up.

- leak continued and emission light comes back on so return again *repeat x4

 

I have now taken the car back 4 times, the latest return was end of July and the still have it!!! Just called and told that they "are working on it"!? 4 weeks to repair an oil leak????

 

Asked for a refund, but told that's not an option "they will fix it and call me when its ready"

 

Where do I stand?

 

Assuming the fundamentals of consumer law haven't changed since I studied the subject in the '80s, the position is pretty simple.

 

If you buy something that turns out to be "broken" at the time of purchase, then your ONLY legal entitlement is a refund....

 

However, the retailer is entitled to ask you if you want a repair or exchange instead (in addition to your statutory right to a refund).

 

However....if you accept the offer of a repair you forfeit your right to the refund from that moment onwards.

 

So, I was told that you should ALWAYS exercise your statutory rights by asking for a refund (in writing) BEFORE entering into discussions about alternative, such as a repair.

 

Then, even if you accept the repair, you should do so by stating (again in writing) that you are only willing to take up the offer of a repair on the basis that your original demand for a refund is upheld in the event of the repair being unsuccessful at the first attempt.

 

Unfortunately, from what you say, you forfeited your legal right to a refund by unconditionally accepting the repair.

 

Always reject faulty goods in the first instance!

 

Well, that's my understanding of the law c.1986 anyway!

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I'd have thought the best option now would be a replacement car under warranty, especially if they've tried to fix it after 4 repair attempts.

 

Also, did you pay for the car in full? Technically the car doesn't belong to you until you've paid for it in full, and in the meantime it belongs to the finance company.

 

Yes paid cash and in full! 10k

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Yes paid cash and in full! 10k

 

If nothing changes after the latest repair, then demand a replacement car under warranty and see what response you get

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legal letter will work stating fix it or a full refend will be asked for, go to court your win hands down , by the sound of it your have been more than patient

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Question....

 

What can I do?

 

Bought an Audi A4 three months ago, noticed an oil leak after 2 days and emission warning light also on!

 

- returned car, leave it 1 week before I'm told it's repaired so I go pick it up.

- leak continued and emission light comes back on so return again *repeat x4

 

I have now taken the car back 4 times, the latest return was end of July and the still have it!!! Just called and told that they "are working on it"!? 4 weeks to repair an oil leak????

 

Asked for a refund, but told that's not an option "they will fix it and call me when its ready"

 

Where do I stand?

 

Take a look on PistonHeads forum - there's a few guys on there who can properly advise on this type of issue including some pre-written letters to send to the dealer.

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Update:

 

Got the car back last night....

 

- Left me enough petrol for 5 mile drive, despite me taking car with a full tank

- Broke down after 30 miles, called RAC.

- RAC report; idle control issues, Pressure drop turbo issues, camshaft timing control weak signal & breather on engine leaking!!!!

- RAC says it’s ok to drive (?) but should go back to garage ASAP - multiple errors

- Woke up this morning and big puddle of oil under car so oil leak NOT fixed correctly either

 

What a joke :(

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Update:

 

Got the car back last night....

 

- Left me enough petrol for 5 mile drive, despite me taking car with a full tank

- Broke down after 30 miles, called RAC.

 

- RAC report; idle control issues, Pressure drop turbo issues, camshaft timing control weak signal & breather on engine leaking!!!!

- RAC says it’s ok to drive (?) but should go back to garage ASAP - multiple errors

- Woke up this morning and big puddle of oil under car so oil leak NOT fixed correctly either

 

What a joke :(

 

This really is not fit for purpose or of merchandable quality. Your next call should be to your local Trading Standards office - try and have as much of the history to hand - I have found it helps to write down the sequence of events so as not to miss anything as you fume!

 

Good luck!

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Update:

 

Got the car back last night....

 

- Left me enough petrol for 5 mile drive, despite me taking car with a full tank

- Broke down after 30 miles, called RAC.

- RAC report; idle control issues, Pressure drop turbo issues, camshaft timing control weak signal & breather on engine leaking!!!!

- RAC says it’s ok to drive (?) but should go back to garage ASAP - multiple errors

- Woke up this morning and big puddle of oil under car so oil leak NOT fixed correctly either

 

What a joke :(

 

Make sure you have a list of all the repair attempts you've had, a photo of this latest oil leak and if possible did the RAC guy give you any paperwork when he looked at the car? I wonder if you contacted them they'd have the callout logged they could send you a summary of what they found on paper. Any independent report by the RAC will be worth its weight in gold.

 

Depends which way round you want to do it but I'd go to the place you bought it, demand to have a replacement car under warranty and if they say no you'll be contacting trading standards/looking into legal options, unless as dronski says you want to go to TS first.

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Make sure you have a list of all the repair attempts you've had, a photo of this latest oil leak and if possible did the RAC guy give you any paperwork when he looked at the car? I wonder if you contacted them they'd have the callout logged they could send you a summary of what they found on paper. Any independent report by the RAC will be worth its weight in gold.

 

Depends which way round you want to do it but I'd go to the place you bought it, demand to have a replacement car under warranty and if they say no you'll be contacting trading standards/looking into legal options, unless as dronski says you want to go to TS first.

 

 

Kept all the reports from the RAC and AA - have prints showing all the faults.

 

Called the garage last week and asked for a full refund - they called today and offered a replacement car (Audi TT, old style) or I can take it to an Audi dealer and they repair - garage then refunds.

 

Decent offers but I said I want a full refund and draw a line under car, move on. But they say that's not an option - its Audi TT (no thanks) or main dealer for another repair.

 

Keen to pursue the full refund (after 5 failed repairs already) as car seems to be a lemon! no love for the car anymore after all the issues.........

 

Guess I will have to contact TS and take it from there.

 

Hassle!

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Kept all the reports from the RAC and AA - have prints showing all the faults.

 

Called the garage last week and asked for a full refund - they called today and offered a replacement car (Audi TT, old style) or I can take it to an Audi dealer and they repair - garage then refunds.

Decent offers but I said I want a full refund and draw a line under car, move on. But they say that's not an option - its Audi TT (no thanks) or main dealer for another repair.

 

Keen to pursue the full refund (after 5 failed repairs already) as car seems to be a lemon! no love for the car anymore after all the issues.........

 

Guess I will have to contact TS and take it from there.

 

Hassle!

 

From the bold red I presume they think you are daft enough to stump up for the repair and hope they'll reimburse? Just don't mate, their record so far is that of charlatans and shysters. They are chancers, time for Trading Standards.

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From the bold red I presume they think you are daft enough to stump up for the repair and hope they'll reimburse? Just don't mate, their record so far is that of charlatans and shysters. They are chancers, time for Trading Standards.

 

Yep thats the idea - i take it, I pay they refund.

 

Like you say - not going to be that easy.

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GS, any update on how this is going ??

 

Yes - in summary I have discussed with consumer advise and they have advised of the following steps

 

- Send 4 separate letters (one a week) to the garage stating my wish for a refund (Done!) no response to any letter!!

- Send final letter before action (letter sent last week) need to allow 28 days for a response.

- Apply for court date

- keep fingers crossed

 

Car is now off the road – unfortunately car tax is due 1st November and that will sting and don’t have off road parking, but car doesn’t work currently.

 

Also still paying for car insurance (£90 per month)

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Cancel the car insurance too...?

 

Sadly he can't.

 

Yes - in summary I have discussed with consumer advise and they have advised of the following steps

 

- Send 4 separate letters (one a week) to the garage stating my wish for a refund (Done!) no response to any letter!!

- Send final letter before action (letter sent last week) need to allow 28 days for a response.

- Apply for court date

- keep fingers crossed

 

Car is now off the road – unfortunately car tax is due 1st November and that will sting and don’t have off road parking, but car doesn’t work currently.

 

Also still paying for car insurance (£90 per month)

 

No off road parking means he needs insurance in case some eedjit totals him. Also he could, possibly, be prosecuted for keeping a vehicle on the road with no insurance?

 

Putting my cynical cap on now, with regard to all the legal letters etc. I just wonder if they will fold the business and restart under another name?

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Sadly he can't.

 

 

 

No off road parking means he needs insurance in case some eedjit totals him. Also he could, possibly, be prosecuted for keeping a vehicle on the road with no insurance?

 

Putting my cynical cap on now, with regard to all the legal letters etc. I just wonder if they will fold the business and restart under another name?

 

I wouldn’t think that’s likely - the garage is quite large and sell 'prestige' high end cars.

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Ask a mate or family member to park on their drive until resolved?

 

Yeah thats an option - hopeful I can get something off road soon (before end of Oct)

 

Getting it there is a problem though........

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Glasgow, what needs to be done to put the car right, ie what would it cost?

 

The court could allow you to repudiate the contract (basically a refund) but there can be no guarantee. The proceedings will cost a fortune and take many months.

 

If it's a few hundred to fix why not get on with it and send the bill. If they dont pay then sue. They are much more likely to cough up a lesser sum. If they dont, the claim will be a small claim with less court fees to pay and less aggro. Added bonus is you have a car to drive.

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Glasgow, what needs to be done to put the car right, ie what would it cost?

 

The court could allow you to repudiate the contract (basically a refund) but there can be no guarantee. The proceedings will cost a fortune and take many months.

 

If it's a few hundred to fix why not get on with it and send the bill. If they dont pay then sue. They are much more likely to cough up a lesser sum. If they dont, the claim will be a small claim with less court fees to pay and less aggro. Added bonus is you have a car to drive.

 

Not sure what the cost would be, but after 4 failed attempts to fix I wouldnt have confidence that another repair would resolve the issues. The garage will have more leverage if I have repairs away from there garage as they will say that its no longer there issue and im then stuck with a car needing more repairs.

 

The garage is already quoting "you've owned the car for 3 months" but the reality is ive only been able to use the car 5 from over 100 days ive owned it.

 

Plus this is a convetrtable – I bought this for summer useage, but as above ive managed to use it only 5 times and now we kick into winter!

 

Car tax has cost me £240 and ive paid out £400 so far on my insuarnce + coutersy car for the last repair cost me another £160 to insure (6 weeks) + 3 bottles of oil at £25 a time and it all adds up.

 

Keen to cut my losses and start fresh with a new car from a different garage.

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You are pinning all your hopes on the court giving repudiation. Thats a risk.

 

The court may decide that you get damages to put it right.

 

Either way the court will want to know what is actually wrong with the car. If you bring a claim you will need to show that, with evidence. The aa call out stuff diagnoses the symptoms, not the cause. You need more.

 

Someone will be able to diagnose the fault, price to fix it and do the job. To be blunt, you will get little sympathy from the court if you dont even explore that option.

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You are pinning all your hopes on the court giving repudiation. Thats a risk.

 

The court may decide that you get damages to put it right.

 

Either way the court will want to know what is actually wrong with the car. If you bring a claim you will need to show that, with evidence. The aa call out stuff diagnoses the symptoms, not the cause. You need more.

 

Someone will be able to diagnose the fault, price to fix it and do the job. To be blunt, you will get little sympathy from the court if you dont even explore that option.

 

Surely its irrelevant how much it will cost? The garage have had 4 attempts to fix and been unsuccessful.

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Surely its irrelevant how much it will cost? The garage have had 4 attempts to fix and been unsuccessful.

 

 

You are missing the point. You get it fixed and bill them.

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You are missing the point. You get it fixed and bill them.

 

Where do you draw the line? I've had 4 repairs already, faults continue and increase with each repair!

 

As above if I take to a main dealer I no longer have leverage with garage for repairs

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Where do you draw the line? I've had 4 repairs already, faults continue and increase with each repair!

 

As above if I take to a main dealer I no longer have leverage with garage for repairs

 

 

They have had every chance to put it right but have not. I am not sure why you want leverage for repairs from a garage who are not up to it and/or dont give a monkeys.

 

You are left with two choices.

 

1. Suing for your cash back with no car inbetween, and no guarantee of success or

 

2. getting it fixed and suing for the cost, with imo every chance of success. Plus the proceedings will be simpler and cheaper.

 

Either way you will need proper evidence of the problem, and what is needed to rectify.

 

If you were a client if mine I would urge you to look at option 2. End of the day its a car with a mechanical problem which will be fixable.

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They have had every chance to put it right but have not. I am not sure why you want leverage for repairs from a garage who are not up to it and/or dont give a monkeys.

 

You are left with two choices.

 

1. Suing for your cash back with no car inbetween, and no guarantee of success or

 

2. getting it fixed and suing for the cost, with imo every chance of success. Plus the proceedings will be simpler and cheaper.

 

Either way you will need proper evidence of the problem, and what is needed to rectify.

 

If you were a client if mine I would urge you to look at option 2. End of the day its a car with a mechanical problem which will be fixable.

 

Ok say i take option 2 and have the car fixed - can i ask for compensation for car tax and insurance paidf while car is not useable?

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Ok say i take option 2 and have the car fixed - can i ask for compensation for car tax and insurance paidf while car is not useable?

 

You can try but no guarantee of success. Those expenses seem reasonable, but you have a duty to Keep your losses down. You can't just sit back and let your losses build up.

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There's also the option of embarrassing them, or of threatening to do so. If, as you say this is a large business selling prestige cars, they will not enjoy you walking up and down outside with a placard as they try to sell cars to some other poor sods. Be careful not to cause a breach of the peace or to be libellous in what you write on the placard, -- eg a simple " I bought a car from this garage, and I am not happy with the way they have dealt with my complaints since" is indisputable and likely to make other customers wary. The local TV or radio may well be interested in such a protest.

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Sorry been busy 'Guly bashing' :)

 

Car drama continues I’m afraid - took Eggs advice and went to another garage for a quote. Was told I needed re-wiring + one or two other repairs and the cost would be circa £600+vat. Rang the garage that I bought the car from and they finally (6 weeks later) agreed to pay (refund) the bill. They emailed me permission to progress!

 

Long story short - took the car in and got a bill for £1,300+vat as while the car was in they identified a water leak and repaired this + one or two other bits without speaking to me further. They also said labour was higher than quoted as took longer than anticipated.

Garage I bought car from is now refusing to pay the full bill and says they will pay £500 & no more!

 

To make matters worse I parked the car outside and some Ned ripped of my door mirrors!! Took the car to the body shop last week and was quoted £700 for new mirrors :(

My insurance will not fully cover the mirrors as they are the silver/chrome S-line mirrors and the insurance will only replace with standard manufactured (black) mirrors.

The car had the 'S-line exterior styling pack' added at purchase (Chrome window frame, mirrors and alloys) but the insurance company only recognise customisations under 3 years! They said I can have the chrome mirrors but would need to pay the difference. Black mirrors are £400+vat and my excess is 350

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Sorry been busy 'Guly bashing' :)

 

Car drama continues I’m afraid - took Eggs advice and went to another garage for a quote. Was told I needed re-wiring + one or two other repairs and the cost would be circa £600+vat. Rang the garage that I bought the car from and they finally (6 weeks later) agreed to pay (refund) the bill. They emailed me permission to progress!

 

Long story short - took the car in and got a bill for £1,300+vat as while the car was in they identified a water leak and repaired this + one or two other bits without speaking to me further. They also said labour was higher than quoted as took longer than anticipated.

Garage I bought car from is now refusing to pay the full bill and says they will pay £500 & no more!

 

To make matters worse I parked the car outside and some Ned ripped of my door mirrors!! Took the car to the body shop last week and was quoted £700 for new mirrors :(

My insurance will not fully cover the mirrors as they are the silver/chrome S-line mirrors and the insurance will only replace with standard manufactured (black) mirrors.

The car had the 'S-line exterior styling pack' added at purchase (Chrome window frame, mirrors and alloys) but the insurance company only recognise customisations under 3 years! They said I can have the chrome mirrors but would need to pay the difference. Black mirrors are £400+vat and my excess is 350

 

By the sounds of it all mate you are stuck in one hell of a sh!t storm. Why am I not surprised at all that the garage would renege on agreeing to pay the circa £600+vat? Real bad about the door mirrors too.

 

Feel for you.

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Cheers guys - planning on selling once mirrors are replaced....... Owned it for 7 months now, managed 500 miles!

 

Anyone have any experience with insurance 'standard parts' policy?

 

Seems that insurance (admiral) don’t cover any optional extras on cars even when these options are added at the initial purchase? For example if you bought a new mini and choose a union jack roof the insurance will only replace/cover a plain roof if damaged?

 

Found receipts that say the car was purchased with optional extras (door mirrors and chrome finish) but insurance will only replace with standard parts? Doesn’t seem right?

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Cheers guys - planning on selling once mirrors are replaced....... Owned it for 7 months now, managed 500 miles!

 

Anyone have any experience with insurance 'standard parts' policy?

 

Seems that insurance (admiral) don’t cover any optional extras on cars even when these options are added at the initial purchase? For example if you bought a new mini and choose a union jack roof the insurance will only replace/cover a plain roof if damaged?

 

Found receipts that say the car was purchased with optional extras (door mirrors and chrome finish) but insurance will only replace with standard parts? Doesn’t seem right?

 

My understanding is that it's your responsibility to list the extras when you get the quote, at which point the insurer will give you their quote and make it clear whether they will insure the extras or not. You then either agree to that or not. In your case, it's up to you to work out whether you asked them to quote for the extras and / or whether you think it was made clear to you that the extras weren't included (bear in mind that it's your responsibility to read the terms and conditions in full).

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My understanding is that it's your responsibility to list the extras when you get the quote, at which point the insurer will give you their quote and make it clear whether they will insure the extras or not. You then either agree to that or not. In your case, it's up to you to work out whether you asked them to quote for the extras and / or whether you think it was made clear to you that the extras weren't included (bear in mind that it's your responsibility to read the terms and conditions in full).

 

Insurer says that the optional extras added to the car at purchase would never be covered! They simply charge more for having extras as the car is more desirable to thieves!

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Saga continues - garage refusing to refund anymore than £500 towards the £1,300 bill.

 

To recieve the £500 I have to confirm that the matter is closed and no follow up. Rock and hard place...... dont have many other options! :(

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