Used Golf V6 Rear susp collapse after 6 weeks-what are my rights for refund?

[mrdrums86]

6wks into ownership of a v6 4motion golf I pulled onto my driveway and the rear wheel assembly collapsed into the inner arch..

Had RAC inspect the damage, the engineer said i was lucky to be alive:

 

Lower suspension arm sheered off,

drop link snapped,

Driveshaft pulled out of diff,

diff oil leaking,

 

After a phonecall in which he tried to put it down to my driving!! I sent a letter to the trader stipulating:

The car was faulty, immovable being 4WD and is blocking my driveway in which was due to be resurfaced 7days later.

I also passed on additional information provided by the RAC which the engineer also stated because the wheel wasnt holding the car up, the inspecting/ assessing and repairs would have to be completed in location as the car was immoveable.. I suggested the trader collected the car and on receipt, provided me with a full refund.

And that if he couldnt deal with the fault before the driveway was done I would have to arrange temporary repairs and move it to be assessed properly at an independant garage, which has now come back as:

somethings gone in the diff as the O/S/R keeps popping out when rotating,

O/S/F shock leaking,

Oil leak from crank casing,

Front/ Rear discs and pads need replacing,

both front inner driveshaft gaiters perished,

N/S/F suspension arm rear bush perished,

The trader has been very reluctant to agree to a refund as he stated the ownus is upon me to recover the car to him under trading standards act and that he bares all responsibilty to inspect the car himself at his local mates garage before going ahead with repairs.. I have replied repeatedly defining I want a refund under SOGA because I have lost all faith with the purchase but no reply or regognition yet... Where do I stand?? What more can i do without going to court??

 

Currently I have no car to commute.. This situation is ruining my life!

[rebel11]

Hi Mrdrum

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[MARTIN3030]

Welcome to the site.

How did you pay for the vehicle ?

What was the warranty agreement ?

How did you find the Trader-was it through an advert ?

Is the trader a car trader or dealership ?

[mrdrums86]

-Debit card

-3month warranty booklet although he mentioned verbally it was a personal warranty as he expressed the car was a goodun before sale.

-Autotrader

-Limited trader/ secondhand car dealer.

[mrdrums86]

The trader has not supplied me with a warranty account number in the booklet..

He has noted a warranty value in the booklet as being 500 though the whole diagnosis has suggested about £1400+ to put the car right..

[baz-matty]

The warranty shouldn't come into the equation, so don't get too bogged down on what it says/doesn't say or value it's limited to. Under SOGA, any defects on the car within the first 6 months are deemed to have existed at purchase unless the seller can prove to the contrary. I think the seller does have the right to attempt repairs though before you can demand a refund.

 

Not sure what SOGA says about getting the car back to the garage though if it is unmovable. Have you looked into the cost of getting it transported back to the garage? It may be worth it to you to instigate that bit yourself if not too expensive.

[MARTIN3030]

Autotrader-so have you still got or have access to the advertisement ?

 

Soga looks to be your best course of action.

I think you need to be puttting something in writing to show evidence that you have given him the chance to resolve things...you could then approach your trading standards with that response.

The problem you have is immediate needs.

I think that given he has offered to take the vehicle back and inspect it he has covered himself a little.

Depending on the type of card that you used,there may be a claim available under section 75.

[mrdrums86]

Right, he offered me a repair in which I would be liable for a percentage of the bill as-well as 200pounds to recovery charge.. I didnt agree to the remedy at the time as he said it would go to his local 'mates' garage and this vehicle needs a certified VAG specialist to assess and know what they are dealing with.. This was a verbal conversation and he did not forward me his ideal remedy in writing which he said he would.

.

An IAEA assessor has looked at the broken item before temporary repairs to move the vehicle took place and has noted it as a suspected fatigue of the part in question and although this was done by looking at graphic images, if the assessor wasnt sure of his conclusion he would not have commented on the case.

 

I predominantly want a refund on the grounds that this fault (wheel almost detached from car) could have possibly resulted in injury or death.. I would not feel safe driving the car anymore even if they do remedy with a specialist fix. Im well aware if I had written the car off due to this fault, the part would have been overlooked and the accident put down to driver error.

 

I was sent a signed letter last monday offering recovery of the vehicle (covering himself) with no liability mentioned for charge, nor mention of refund. So I replied stating 'yes take the car, let me know when you plan to do this and that Im after a refund plus my p/x vehicle upon receipt of car due to the severity of the fault..

 

Yes I did save the complete advert.

[MARTIN3030]

Ok clearer now.

I have never heard of this happening to a Golf -when was the last MOT done ?

 

I think would benefit to move the thread into another forum-will do this now.

[mrdrums86]

MOT was done end of july with only note being it had child seats fitted so couldnt test seat belts.. car was purchase beginning of september

[mrdrums86]

The trader has sent another letter through today agreeing to collect the car thursday and assess it, which im going to say yes to, but he is disagreeing about grounds for a refund. Ive already had to temporarily fix the main fault- New arm/ droplink/ nuts etc

How can I now ensure it is inspected/ assessed by an independant certifies specailist and repaired by the correct people? ie: VAG volkwagen specialists? mainly due to the differential being faulty which only they could diagnose..

 

I had a link passed onto me via an owners club which is a vosa recall for the rear suspension arm which was broken but not listed for my chassis ref...

 

This has apparently happened to this type of car before but the arm in question was clearly newer than the good side.. an aftermarket genuine item with a tip-ex number and white sticker label..

 

Should they fix everything listed by my independant garage as needing repair?? Im seeing that if he doesnt do this, there will then be grounds for a refund.. Am I right?

[sailor sam]

The trader has sent another letter through today agreeing to collect the car thursday and assess it, which im going to say yes to, but he is disagreeing about grounds for a refund. Ive already had to temporarily fix the main fault- New arm/ droplink/ nuts etc

How can I now ensure it is inspected/ assessed by an independant certifies specailist and repaired by the correct people? ie: VAG volkwagen specialists? mainly due to the differential being faulty which only they could diagnose..

 

I had a link passed onto me via an owners club which is a vosa recall for the rear suspension arm which was broken but not listed for my chassis ref...

 

This has apparently happened to this type of car before but the arm in question was clearly newer than the good side.. an aftermarket genuine item with a tip-ex number and white sticker label..

 

Should they fix everything listed by my independant garage as needing repair?? Im seeing that if he doesnt do this, there will then be grounds for a refund.. Am I right?

 

Because of the small amount of time since purchase the answer is yes in my opinion. I would contact the seller tomorrow in response of their 'offer' to 'assess' the car and make it clear that you expect them to rectify all the faults and because of their nature you want the car MOTd as well at no cost to yourself. If they either fail or refuse to do this, inform them that you will formally reject the car under SOGA. Also you may need a printed copy of the RAC report in case you do have to take matters further.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[MARTIN3030]

Yes SS thats a good proposition.

[mrdrums86]

Thanks im very grateful for the advice guys, I will keep the thread updated.

[mrdrums86]

After sending a letter (along with the car and the broken part) declaring the faults and rejecting liability for any charge of remedy. I have spoken to the trader and he seems to be repairing everything and he said that there are things about the car he's not prepared to discuss over the phone- which is leading me to believe he's going to wait for me to collect to then try give me a bill or try to make out everything was my fault.

 

I stated that the car needs the diff inspecting by a VAG specialist, all faults repaired, MOT'd and tracking prior to my collection. Apparently everything is being done apart from the specialist checks I insisted of as repair terms.

I also stated that the repair or refund was on the basis of SOGA. But im still getting the impression the trader still wants to honour the warranty which as i have said before- only £500 meaning the rest will be covered by myself..

 

I have been without a car for nearly 5wks and the trader said his wife is expecting so wont be able to sort the rest of it out for couple more weeks.. I am going to call him tomorrow assuming im to have it back this weekend all fixed.

 

Any advice appreciated

[sailor sam]

In case I missed it; how much did you pay for the car and how old is it?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

[mrdrums86]

5000 02 plate 70k on clock

[sailor sam]

I would think therefore that it is not unreasonable to ask the seller to provide you with a courtesy car or inform him that you will hire one and he foots the bill.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[mrdrums86]

The dealer would not arrange any other transport so I have already spent 150+ for six weeks on the bus!!

 

I received an answer phone message from him today saying my car is ready for collection and before anything I would have to pay 160 for the recovery fee as he believes 'the car had nothing wrong with it'! Is this bloke stupid or what?!

After I have paid for that he said then he and his garage staff want to sit me down and go through a few things. lol.

 

What worries me is im already aware he has not gone about the repairs in my terms at all.. And without being in contact with me to compromise on remedy schemes, I see it as he's already accepted my terms of remedy as he has already undergone repairs. The main part being the differential needed inspecting by VW as only they can test for faults etc.. And A few other faults have not been rectified as he admitted on the phone 'they look fine'!!

He also thinks an MOT is an adequate independant inspection!

 

Ive contacted trading standards about this matter and I am still going for the refund instead of collecting the car..

 

Im not happy at all!

[sailor sam]

The dealer would not arrange any other transport so I have already spent 150+ for six weeks on the bus!!

 

I received an answer phone message from him today saying my car is ready for collection and before anything I would have to pay 160 for the recovery fee as he believes 'the car had nothing wrong with it'! Is this bloke stupid or what?!

After I have paid for that he said then he and his garage staff want to sit me down and go through a few things. lol.

 

What worries me is im already aware he has not gone about the repairs in my terms at all.. And without being in contact with me to compromise on remedy schemes, I see it as he's already accepted my terms of remedy as he has already undergone repairs. The main part being the differential needed inspecting by VW as only they can test for faults etc.. And A few other faults have not been rectified as he admitted on the phone 'they look fine'!!

He also thinks an MOT is an adequate independant inspection!

 

Ive contacted trading standards about this matter and I am still going for the refund instead of collecting the car..

 

Im not happy at all!

 

You need to send him a formal letter of rejection. No doubt he will ignore it so it looks like you may have to take the matter to court. I trust you have all copies of correspondence and the RAC report?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[MARTIN3030]

Yes this seems an amazing situation.

I also think that Small claims looks to be the only way you are going to get this sorted.

Trading Standards should be interested but its likely to take more time.

Also with a small claims action-you can ask for these extra things you have incurred and had to fork out.

You need to send a letter before action outlining your targets you consider as reasonable with a written reply by 14 days.

Any Court action will not affect your contacting TS.

It seems to be going on with no progress in sight.

You need to get everything together for evidential purpose to support your claim.