Should i sue? Audi A4.......

[Arsh4d]

Hi, I am new to these forums and i have a dilemma.

 

I Purchased an Audi A4 (2005) in May 2009.

Three weeks after the purchase the gearlights started to flash, as i was unaware of the problem i contacted the showroom i bought it from, they asked me to bring it in and they would have a look at it. But they would arrange a date.

 

Another month went by no contact from them, so i chased them up again, they said they would contact me for a date to bring it in so the engineer can have a look at it.

 

So another month went by, and finally i took it in, they said it did not show anything on their diagnostic checks.

 

I argued my case, and finally in November 2009 they asked me to take it to Audi and get it checked out and they would pay for the diagnostic check.

 

I took it to Audi, and they provided me with a report stating that the ECU needed replacing and the multitronic switch, i was quoted £1400.

 

I took this back to the showroom who said they would try and speak to audi and get a goodwill gesture from them.

 

They have been passing me from pillar to post, and finally in July they agreed to get it repaired for me.

 

They said they would order the part and replace it themselves, as Audi was asking for too much money.

 

They asked me to bring the car back to them 4 weeks ago (14months later from the Purchase date). They said they had ordered the part. I took it in and left it with them. After chasing them last week they told me they are still waiting for the part.

 

So i have been with no car for the last month.

They will not give me a courtesy car.

They will not repair my car, and they say its in their storage.

 

I spent £7000 with them and now i have no car to drive.

 

Where do i stand?

 

Can somebody please help me?

[Conniff]

Not in the first instace. First off, send them a recorded delivery letter reminding them of the date this problem first occured and their failure to rectify it, and then give them 7 days in which to correct it. Make 'time of the essence'. Tell them that if the car is not ready for collection with the fault fixed in 7 days that you will be taking it to Audi and send them the bill.

[Arsh4d]

Thankyou for the reply.

 

1) i have already sent them two letters, recorded, went down last week and hand delivered the two too but they said they already have them.

2) can i ask them for the car back and then take it to audi, as they have the car.

[Conniff]

What did you say in those letters ?

[Arsh4d]

****UPDATE*****

They contacted me today and offered to pay to pay £1000 towards the repair, but the repair is £1400, do i accept it?

[Arsh4d]

i gave them 14 days to have my car repaired and returned to me from the 14th of aug 2010.

[Conniff]

NO Tell them that they must bear the full cost of the repair under the Sale of Goods Act 1979. If they will not pay the full cost, you take it to the small claims court and that will also include out of pocket expenses and the court fee.

 

does that £1400 include labour costs ?

[Arsh4d]

NO Tell them that they must bear the full cost of the repair under the Sale of Goods Act 1979. If they will not pay the full cost, you take it to the small claims court and that will also include out of pocket expenses and the court fee.

 

does that £1400 include labour costs ?

 

yes it does, part costs £760 (ecu sensor)

[Conniff]

Then do it. If they refuse, tell them you will be collecting the car on xx date and then you can take it to Audi. It is always easier to issue a claim for payment in the small claims and will cost you about £35.

[Arsh4d]

Then do it. If they refuse, tell them you will be collecting the car on xx date and then you can take it to Audi. It is always easier to issue a claim for payment in the small claims and will cost you about £35.

 

will i need something in writing from them when i take my car back?

[Conniff]

Can you email them instead of phoning, that will give you hard copy,.

[Arsh4d]

Letter one sent to them on 2nd July 2010

 

Dear Lisa Darlington,

 

We write in reference to the above named car we purchased from your garage on 21st May 2009.

 

As you will be aware, within 3 weeks of purchasing the car we contacted Gary (sales person) to tell you that there seemed to be a fault with the car, you asked us to bring the car in for a diagnostic check.

 

Over the following two months we brought the car back to you on a number of occasions and every time we were told that the check showed nothing on your diagnostic checks.

 

Unsatisfied with this we took the car to Audi Lancaster (Manchester) at our cost (which was refunded to us by yourselves) and we were informed that there was a problem with the car which showed up clearly on the check. Audi provided a full report with the problem illustrated and the cost to repair the fault.

 

This report was given to your salesman Gary, and he agreed that the problem does exist and the car would need repairing and you would contact Audi for a booking in date.

 

Since around August 2009 we have been calling you almost three times a week and more recently around three times a day and the only response we get is that you are waiting for Audi to give you a date for the repair.

 

We simply do not understand why this has taken so long, if we had arranged with Audi ourselves the repair would have been carried out within 2 weeks.

 

In addition we have informed you on numerous occasions that the car is not safe to drive and it is our only means of getting to and from work. This situation has caused us much stress and anxiety.

 

With My wife now being pregnant it leaves us with no option other than to start legal proceedings against you and your company.

 

 

 

I have taken legal advice, and I am therefore under an obligation to inform you that this letter is to be deemed as an official “Letter before action”. (As set out in the Civil Procedure Rules).

 

I hereby outline the following facts:

 

1. I purchased an item and for that item, namely a vehicle BL05 ***, we paid the amount of £7050.00 . Due to a major mechanical fault with that item, it was rejected by us, and accordingly you were informed. May we point out, at this moment in time, there was a valid contract of which we had suffered a detriment in purchasing the item.
   

1. I am hereby providing you with 14 days in which to arrange a repair on the vehicle, failing this a copy of this letter will be sent to Trading Standards, which will then allow them to investigate this matter further.
   

1. If, no solution is reached within 14 days, we are entitled to commence legal proceedings in the Civil Courts, which we intend to do. We are entitled to a full refund of £7050.00 .
   

May we take this opportunity to refer you to the Sales of Goods Act 1979 and the Sales and Supply of Goods Act and your duties thereafter.

 

 

 

 

 

 

 

Regards

Edited August 24, 2010 by Arsh4d
personal info

[Arsh4d]

Letter 2 dated 11 Aug 2010,

 

Dear Lisa Darlington,

 

We write in reference to the above named car we purchased from your garage on 21st May 2009.

 

This is now the second time we are sending you correspondence regarding the matter, the first letter which you state you did not receive is also included with this letter, and this time we are sending everything recorded, so there are no mistakes with the delivery of these documents.

 

I visited your showroom on 9th July 2010. It was explained to me that you had to order the part for the Audi vehicle and that when it was ordered you would arrange for the vehicle to be booked in for repairs.

 

I received a call from your office on 14th July that I would need to bring my car in the following week as it has been booked in.

 

It was explained to me that you had “already” ordered the part.

 

The vehicle was dropped off at your showroom on 22nd July 2010. Which in my estimation now makes it 3 weeks?

 

I spoke to you over the telephone on the 7th August 2010 and you explained to me that the part was “on order” and should arrive by Monday.

 

This statement contradicts what your office has told me, and defeats the logic of me bringing my vehicle in for repairs, when the part has not either been ordered or arrived.

 

I understand that ordering a part from Audi can be a lengthy process.

 

I have communicated and sympathised with this situation for longer than I care to remember, to be precise it has now been 14 months.

 

 

 

I would like to now suggest a few points to you before proceeding further.

 

You had previously agreed to loan me a vehicle during the period in which my car would be off the road for repairs, due to insurance issues this option was not feasible.

 

I have since had to hire a car which I have paid out of my own pocket for, for the last 3 weeks. This bill for which stands at £42 per day.

 

When I purchased the Audi I did not ask for any concessions, so I do not understand why I am being treated in such a way, I paid the full amount for the vehicle, and have had nothing but distress for the last 14 months.

 

Moving forward from here, I now request the situation to be rectified by Monday 16th August 2010.

 

• I would like my vehicle to be repaired and returned to me.
  

• If this is not done I will file for legal action for the refund of the total amount paid to you by myself.
  

• I shall request to be compensated for amount spent on the hire vehicle which stands at £42 per day for the last 3 weeks, which I have had no choice but to pursue with as you have made no other arrangements for me.
  

• Compensation for the distress caused to my pregnant wife, who has had almost 3 accidents in this vehicle due to the fault on the car.
  

I have a good mind on speaking to the newspapers but my solicitor has advised me to refer you to the Sales of Goods Act 1979 and the Sales and Supply of Goods Act and your duties thereafter.

 

 

 

Regards

Edited August 24, 2010 by Arsh4d

[Conniff]

Please edit and remove your names

[Arsh4d]

Please edit and remove your names

 

Thankyou for the advice and done.

[Arsh4d]

I went to see them today, she offered to pay £1200, i asked for the full £1400.

She said no, i said i would seek legal action.

 

She said fine. So she is not willing to sort my problem out.

The company say they are not bothered if i take legal action.