Consumer Rights
Discussion
I recently posted about chosing a new to me car - RS3 8p.
It was bought remotely due to location but it had good history and the car was very clean/straight and HPI clear and the garage was well regarded in terms of reviews.
I received the car. Within two days there was an EML for the Purge Valve. The car started to rattle on start up intermittently (only for a short second) and was told it may be linked.
I emailed them and asked how they'd like to approach the issues - despite the age of the car it was described as "excellent condition" and i was after a response - just a collaboration or an acknowledgment. First red flag - no response at all.
Then this week, the car has developed a loud whine above 60mph on the motorway. The car then had a real issue then changing from auto to manual as i came off the motorway, jerking, clunking, car felt like it was slipping, dragging. It felt awful!
I've spoken to a specialist that says that the first step is diagnosis is to likely service the gearbox, haldex and diff - the history suggestes this was done about 19k ago?? He said then that sounded like a bearing issue (whine) and would only be diagnosable by stripping it - the garage is well known so i trust their opinion. Feels to me the previous owner found an issue, tried servicing it, passed the car on before it went properly wrong and i've been next in line - but that is just gut instinct. I know it isn't the dealers fault not suggesting it is.
But. I do not feel that the car has met expectations on suitability and quality - so as per Consumer rights i know i'm entitled to request money back. So i've said, whilst i appreciate they could all be solveable i'm not willing to take time money and risk and requested to return the car.
I don't want to be a d**k about it, not the garages fault, happy to have worked with them but a lack of response from them on both emails now.
I don't know what my options are - i know there will be traders here who will have been on the other end of this, not trying to start a war. Just looking for advice. I feel i'm within my rights to ask for a refund and the garage is refusing to acknowledge my messages and emails.
Appreciate the help as always.
It was bought remotely due to location but it had good history and the car was very clean/straight and HPI clear and the garage was well regarded in terms of reviews.
I received the car. Within two days there was an EML for the Purge Valve. The car started to rattle on start up intermittently (only for a short second) and was told it may be linked.
I emailed them and asked how they'd like to approach the issues - despite the age of the car it was described as "excellent condition" and i was after a response - just a collaboration or an acknowledgment. First red flag - no response at all.
Then this week, the car has developed a loud whine above 60mph on the motorway. The car then had a real issue then changing from auto to manual as i came off the motorway, jerking, clunking, car felt like it was slipping, dragging. It felt awful!
I've spoken to a specialist that says that the first step is diagnosis is to likely service the gearbox, haldex and diff - the history suggestes this was done about 19k ago?? He said then that sounded like a bearing issue (whine) and would only be diagnosable by stripping it - the garage is well known so i trust their opinion. Feels to me the previous owner found an issue, tried servicing it, passed the car on before it went properly wrong and i've been next in line - but that is just gut instinct. I know it isn't the dealers fault not suggesting it is.
But. I do not feel that the car has met expectations on suitability and quality - so as per Consumer rights i know i'm entitled to request money back. So i've said, whilst i appreciate they could all be solveable i'm not willing to take time money and risk and requested to return the car.
I don't want to be a d**k about it, not the garages fault, happy to have worked with them but a lack of response from them on both emails now.
I don't know what my options are - i know there will be traders here who will have been on the other end of this, not trying to start a war. Just looking for advice. I feel i'm within my rights to ask for a refund and the garage is refusing to acknowledge my messages and emails.
Appreciate the help as always.
randlemarcus said:
Some traders seem to be allergic to email - were they this unreachable when buying?
Yeah i had to try for two weeks to reach them before a response and yeah the car is over 12years old and being an RS3 its obvs modified, so was bought without a warranty but that should not impact my consumer rights (based on my research). I'm starting to worry that ive bought a red paperweight.
Edited by stevekoz on Wednesday 18th June 14:41
Call Citizens advice today.
They'll raise a case, and give you a case number.
They'll want to know when you bought the car, and exact date you emailed the dealer to inform them of faults.
They'll point you towards template letters on their website which will have the correct wording.
Get that letter done, with the CAB reference number clearly showing, and sent by recorded mail to the dealer, and by email.
Make sure you always give deadlines for action/responses.
DO NOT let any other garage do anything to the car until you've exhausted all other attempts with your suppling dealer.
Don't dither, call CAB today, get the ball rolling.
They'll raise a case, and give you a case number.
They'll want to know when you bought the car, and exact date you emailed the dealer to inform them of faults.
They'll point you towards template letters on their website which will have the correct wording.
Get that letter done, with the CAB reference number clearly showing, and sent by recorded mail to the dealer, and by email.
Make sure you always give deadlines for action/responses.
DO NOT let any other garage do anything to the car until you've exhausted all other attempts with your suppling dealer.
Don't dither, call CAB today, get the ball rolling.
Trevor555 said:
Call Citizens advice today.
They'll raise a case, and give you a case number.
They'll want to know when you bought the car, and exact date you emailed the dealer to inform them of faults.
They'll point you towards template letters on their website which will have the correct wording.
Get that letter done, with the CAB reference number clearly showing, and sent by recorded mail to the dealer, and by email.
Make sure you always give deadlines for action/responses.
DO NOT let any other garage do anything to the car until you've exhausted all other attempts with your suppling dealer.
Don't dither, call CAB today, get the ball rolling.
Thanks, i've already written them two emails and have those sent. A written letter makes sense. That is good advice. The car was only delivered last wednesday and initial fault reported on Friday and a follow up yesterday. So hopefully all in timeframes etc. Appreciated. They'll raise a case, and give you a case number.
They'll want to know when you bought the car, and exact date you emailed the dealer to inform them of faults.
They'll point you towards template letters on their website which will have the correct wording.
Get that letter done, with the CAB reference number clearly showing, and sent by recorded mail to the dealer, and by email.
Make sure you always give deadlines for action/responses.
DO NOT let any other garage do anything to the car until you've exhausted all other attempts with your suppling dealer.
Don't dither, call CAB today, get the ball rolling.
jeremyc said:
Rather than email, try calling them to discuss the issue.
I was told not to call them specifically by CAB as there is no record and its a "your vs their " word case if it were to go to ombudsman or worse, court. I agree i like to phone and chat to people ordinarily but in this instance, i had experience of trying to reach them prior to buying the car and it was difficult, hence why i emailed.
As a general update - did hear from them and they advised they wanted to inspect the vehicle themselves as they were allowed to do. I wasn't sure on this but agreed and they advised they'd collect the car.
That has been over a week and no response or confirmation of that as yet - so following it up today.
On the note of the consumer act, as i say they stated i have to give them an opportunity to repair - is that correct or can i just reject straight away, it isn't clear to me so thought id ask for clarity.
Its a shame and as stated, i'm not suggesting it was the dealers fault, i've been very amicable on that till now. It happens. But knowing my rights and being communicative/collaborative goes some way to making a customer at ease (for those reading in the trade) and as such this is starting to grate.
I'll keep everyone udpated. Won't be naming names though unless it escalates.
stevekoz said:
As a general update - did hear from them and they advised they wanted to inspect the vehicle themselves as they were allowed to do. I wasn't sure on this but agreed and they advised they'd collect the car.
On the note of the consumer act, as i say they stated i have to give them an opportunity to repair - is that correct?
No.On the note of the consumer act, as i say they stated i have to give them an opportunity to repair - is that correct?
For a fault that occured 2 days after purchase they don't have a right to repair.
You must keep in contact with CAB.
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