I Bought a second hand Audi a couple of months back, part exchanging my old car. We are not talking a brand new car here but then there's not much change from15k either. From my first dealings with the garage they always seemed friendly and helpful but communication was always a challenge in that I constantly got different information depending on who I spoke to. Messages were not passed on and emails not answered.

Having finally collected the car and after a few communication issues, more problems began to arise. Within a few days the new smelling car started to have a foul odour and it was then that I noticed air fresheners hidden behind the seats, four of them. I stopped to get fuel only to find the fuel cap wouldn't open without being prised open. This fuel cap was covered under the warranty and after complaining they offered to clean the car if I took it back but as it's an hours drive away I declined this offer to remedy this myself.

I had also been promised a second key (when it was located) and the service book to be sent on recorded delivery as it was 'away being stamped'. The car was purchased in January and it's now the end of March and I still have nothing even though I have phoned and emailed twice within the last week. They have not responded to my emails at all and as far as I am concerned I was sold a car with a Full service history and actually have a car with zero service history – which if true could be worth considerably less money.

I did finally get sent the V5 document but unfortunately this was first sent to the wrong address as they didn't manage to type that in correct so this document is possibly void? Since then I have had another Audi's V5 document sent to this address with another persons name. I'm sure this is just another error from them and is clearly some kind of data breach? I have sent emails informing them of this but once again I have been ignored. I could phone them but as they just fob me off I'd rather keep my communications in writing even if I am being ignored.

I really don't know what to do next and have no idea how I stand from a legal point of view? It can't be right that I can spend this amount of money and get treated so badly and although they create the illusion of a professional company I think it's fair to say they are complete cowboys. It's not great that I have been sent another persons log-book either, not sure what to do about that?

Apologies from me for the lengthy message but any help or advice would be greatly appreciated!

Thanks in advance.

Invariably smells such as you describe are probably due to a build up of bacteria in the HVAC system where there is a quick fix available. Most manufacturers suffer from this but the R/1000 repair ratio means it will probably never be built into the standard service routine. It's a known issue across many car lines but is dependant on use and environment which they cannot control.

Suggest you get HVAC disinfected which is not claimable generally and issue will probably disappear.

The smell is just one small part of the problem and if it was just that then I could certainly live with it. The lack of any service booklet, plus ignoring communication when there has certainly been some data protection breaches is just not acceptable though!

I suppose that we are dealing with this dealer here: – https://www.audivwsales.co.uk/

I completely agree that the treatment which you seem to be receiving from VW Audi Melksham is really quite shameful and I wonder if the chief executives of the business realise what is going on.

In terms of your legal position, don't worry. You are in a very good position to get all the things which were promised to you. The only question is whether they will start to treat you properly or whether you will have to force them by means of a court action. On the basis of what you say, if you did bring a small claims action in the County Court then your chances of winning are better than 95%.

I think one of the things you need to do is to consider whether you simply want to get the things which you were promised or whether you want to get rid of the car. If you're happy with the car and if generally speaking it is in the condition that you expected for the money you paid then probably you simply want to get the other thing sorted out.

I think you need to respond to this thread by letting us know in a bullet pointed form what are the existing faults with the vehicle or the shortcomings on the contract such as the documentation, and also what losses have you incurred – for instance cleaning the car.

In other words I'm asking you to list out what you think you would need in order to put you in the position that you would have been in if the contract had been properly executed and if VW Audi Melksham had done their job properly.

Here is their Facebook page https://www.facebook.com/pg/audivwcars/posts/?ref=page_internal Go and post on it. Also have a look at the review sits

They have a Twitter account too but it is not maintained and no tweets since 2012.

Unusually there doesn't seem to be any information on their website about their "mission statement" service standards, terms and conditions – et cetera. I wonder if we are meant to take anything from that.

Thanks so much for the response! We certainly are talking about: https://www.audivwsales.co.uk/

The thing I want more than anything is to make the garage see that this is not an acceptable way to deal with any customer. It's not about money for me but far more about making them answerable and if it causes them some discomfort and damage of reputation then even better. I want them to think twice before behaving the same way with another customer.

I am happy with the car but without a service history (which was how it was advertised and purchased), it could be worth 20% less, so in effect I have been ripped off. Is this something I can claim against as a small claim?

• This could be £2500 approx for the lack of service history
  
• We are looking at £90 for the full interior valet and upholstery clean
  
• Although I can claim for the fuel cap on the Warranty they will not pay for the initial garage inspection so I am guessing that will be a menial charge of £25 ish at least. Hopefully the warranty company will cover the rest
  
• The spare set of keys was mentioned by 1 member of staff who subsequently denied ever saying it so we may as well forget that one.
  

The fact that my V5 document has the wrong address will also need sorting and it's worrying that I have somebody else's V5 for another Audi sent to this address – are there any penalties for sloppy use of personal information or data breaches of this kind? And especially when they have ignored 2 emails highlighting this concerning issue.

I am reluctant to post on Facebook for now as I would like to know my rights and be able to speak with some authority. Also, I am slightly concerned over any repercussions on their part especially when my Facebook is a window into my life, fiends and family. However, and perhaps more importantly I do feel obliged to leave some honest feedback to give others some warning of their shoddy operation.

It's a quandary indeed...

Yes, you can certainly claim for the reduction in value caused by the lack of service history – as long as you are able to show that the service history was part of the deal. I hope you have got all the documentations/screenshots et cetera which show the advertising claims.

I think you will need to get a couple of written opinions as to the value of the car with service history and the comparative value without. You may incur costs on getting these reports. You would want to claim these costs back from the dealer so before you go about getting written estimates and committing money, you should write to the dealer and tell them that you consider that the car is worth less than the price you paid because of their breach of contract in falsely representing the car as having a full service history. Tell them that you are preparing to commission formal estimates of the reduced value and that you will be looking to them to recover the costs of these estimates in the event that it is confirmed that there has been a reduction in value. Tell them that you are inviting them to discuss the matter with you and to give their own estimate of the reduction in value but if you don't hear a satisfactory reply within seven days then you will proceed to obtain the estimates yourself and then start to take your own steps to recover all costs and loss of value.

Don't tell them that you consider it is a 20% reduction yet. Don't commit yourself to any figures. The moment just keep it vague. Don't make these threats unless you prepared to carry them out. Before you send your letter identify the people who would give you these estimates and arrange with them how it will happen and the cost so that at the expiry of your deadline you will be able to move immediately and get the information you want.

Once you get the information – and if it does confirm a reduction in value – whether 5%, 10%, 20% what have you, you should then write to the dealer enclosing copies of the estimates, copies of the invoices for the estimates as part of a letter before claim in which you given 14 days to reimburse you we will begin a legal action. Once again, don't make this threat unless you're prepared to carry it out. Understand the steps in making a small claim in advance so that at the expiry of your deadline you can move immediately to issue the court papers.

It is entirely likely that they will only start to respond in any meaningful way once they have received the papers.

Your letter before claim should also refer to the cost for the interior valeting, the full cost of the fuel Including a garage inspection – any losses you have suffered. I don't see any reason to give up on the set of keys. Get an estimate for replacement keys and refer to that in your letter of claim as well. Can you identify by name the staff member who referred to the keys?

They said the Audi had FSH, but did they give you any receipt?

A service book with lots of stamps is something that a dealer could do in 3 minutes, so i would never buy a car with FSH without supporting receipts of service done and paid for.

Even then, i know of dealers who claim of doing the service when they only top up the fluids and wash the car, especially on new vehicles.

Thanks once again for the replies, really helpful and gives me plenty of confidence. Strangely enough the garage has just replied to one of my emails, whether they got wind of this thread who knows but here's the opening gambit:

"Firstly apologies that you feel I have been ignoring you, However I have been out of the country and also at hospital appointments which I have only just arrived back today, and have put everything to one side now I have seen your emails."

Would you believe an 'operations manager' for a supposedly professional garage would not have a simple 'out of office' email procedure or at least have anyone else covering emails? We can only assume that wifi is not functional in this particular hospital or anywhere on one of these trips abroad. Emails were also ignored when sent to the info@ address so if giving the benefit of the doubt, I imagine the whole organisation was off to the hospital as a group and then off overseas… Or maybe not? I wonder if the same would apply if I was looking to buy a car?

In terms of the service history:

“so Indeed your car does have full service history and this can be backed up by Audi by calling the service history line which is 0800 5423037, however yes I am still awaiting a physical service book (which I will chase up today)*“

So at least I have written confirmation that my car does have a full service history, thats a start. Should I expect receipts too as proof or will a stamped book be enough? Assuming that it actually arrives…

In terms of the V5 document, the address they hold for me is correct so that can only be put down to some sloppy typing on their part inline with all of their other transactions. I am in the process of rectifying this as apparently they cannot act on my behalf even though they made the error.

The other V5 document I have received is apparently nothing to do with this garage as “We have never bought / sold / traded or had any contact with this vehicle”. This seems a bit of a strange coincidence considering it happens to be an Audi and all of the other issues with this garage but for now I will have to give them the benefit of the doubt.

They have offered to fix the odour and fuel cap issues but it’s going to take at least a day of my time, plus fuel for the journey for the round trip so ultimately I would rather get it all sorted locally. I would also rather not have to deal with these jokers ever again understandably. The fuel cap can be repaired under warranty and I will stomach the cost of the interior valet myself rather than lose a day of my time – these can all be sorted while I am at work so far more convenient. I will get the costs first though and then consider implications.

So all in all we are making progress – at least there’s a dialogue which is a start, and an admission that the service history will be sent. However, certainly not there yet!

Thanks again folks…

Service your car asap, the oil could have been there from new.

Yes I agree. I think you would have the car thoroughly checked over by some independent garage because frankly VW Audi Melksham sound like quite a shower and personally I wouldn't want to go to them.

I'm sorry if the guys that have hospital appointments et cetera but at the end of the day he charge you the price for the car and he owes you 100% of the service and he has to go away or be out of the country then it's up to him to get somebody else to sort it out.

Keep on their case. And if they don't know about the thread that I suggest that you take steps to make sure they do know about it. Also, I suggest that you put a few reviews around the Internet.

I think you're completely wrong not to get the cost of the valeting from them. There is absolutely no reason why they shouldn't be held completely responsible for the car which they have sold you. Don't start doing them any favours. They're in business to make profits. What about the spare key?

Consumers who hold retailers to account help to push up standards of service and quality of products for everyone. Consumers who let things go simply provide an incentive for these retailers to provide shoddy stuff and shoddy service because they always think that their customer is going to do them a favour.

That's certainly not what we are about in this forum

Regarding the key,

when my friend had his car stolen, the insurance asked him for the 2 keys.

He panicked because he couldn't find the spare and they pointed out to a hidden part of their t&c mentioning this.

Then he found the other key, but if i were you i would insist on that point as well.

Audi dealers can get the key cut by the chassis number i think.

Once again good advice folks and you are completely right in that I really shouldn't be at a loss in any way at all due to their incompetence.

I will indeed pursue this and lets see where it goes.

I will certainly be leaving honest reviews when all is resolved as quite frankly I wouldn't want anyone else to get the same treatment.

 

They have offered to fix the odour and fuel cap issues but it’s going to take at least a day of my time, plus fuel for the journey for the round trip so ultimately I would rather get it all sorted locally. I would also rather not have to deal with these jokers ever again understandably. The fuel cap can be repaired under warranty and I will stomach the cost of the interior valet myself rather than lose a day of my time – these can all be sorted while I am at work so far more convenient. I will get the costs first though and then consider implications. …

About 25 years ago when I worked for VAG they had an internal charging system between dealers, worth exploring to use a more near dealership perhaps???