Mis-sold Vehicle 18months ago

[jchaplin]

Hi all,

 

Got an interesting one here. I bought a VW about 18months ago now. At the time of purchase I queried the service history as it looked like it hadnt been serviced within the manufacturers timescales. The dealer said that it had and I got him to confirm that to me in writing.

 

I am now in a position where the car has developed a fault and it is just outside of its warranty. On speaking to VW UK they advise that they would not get involved in a goodwill repair because it missed its first service interval.

 

Therefore I can only conclude that I have been mis-sold the vehicle and have solid evidence to prove this.

 

My intention will be to write to the dealer asking for a) it to be repaired at their cost - but also the service history is now worthless and also VW would normally consider my vehicle for goodwill cover for another 2 years which they will now not do due to the service history issue.

 

I was also therefore going to ask for a) free service for 2 years as service history is worthless and b) extended warranty to cover the 2 years that VW would consider goodwill for. The alternative option I would accept is a full refund.

 

My question is a) is this the right approach and b) am I asking for enough/too much or what?

 

Many thanks,

JChaplin

[heliosuk]

Another typical VW response on service history.

 

Firstly, did you buy the car from a VW dealer, second, did it have a first service and when were subsequent services? ( Date and mileage needed)

 

It would also be helpful if you could post what car, what fault and what mileage along with what has been diagnosed and by whom.

 

After 18 months, if an independant dealer you haven't a hope for mis-sold but if a VW dealer then there is a chance to get the repair done depending on what it is.

[jchaplin]

Hi there, thanks for replying so quickly.

 

So - yes I bought the car from a dealer - it is the same dealer that has now diagnosed that the gearbox needs a bearing replacing after just 49500 miles and 3 years+3 months. When I bought the vehicle a first service had been done within 2 years but was done at 31000 miles. VW UK say this is not as per their requirements of 2 years OR 20,000 miles whichever is soonest.

 

At time of purchase I raised this and that is why I have a letter from them CONFIRMING that the car was serviced as per manufacturer requirements. Without this letter I would imagine it a stretch to go for mis-sold, but with it I can't see any way out of it. They told me it was serviced properly and now VW confirm that it wasn't. Its fairly clear that not servicing on time could be considered a likely cause for early component failure.

 

Before I found out from VW UK yesterday that the servicing wasn't up to scratch I was trying for a goodwill repair based on the fact that its not fit for purpose having only done less than 50k miles and at 3yrs+2months. Now I believe the dealer is soley responsible and not only should he repair it but he should compensate me for misselling me a vehicle with a service history not as described. This is why I would also expect a service and some form of extended warranty from him as VW will now no longer entertain any goodwill repair because the first service interval was missed.

 

The vehicle is a VW Golf Plus 1.6 FSI - known apparently (ref WhatCar) for gearbox/clutch problems... As for other services, its on a long life service schedule so has actually just come up saying it needs a service. I had asked them to do it at the same time as the gearbox investigation.

 

Any further thoughts or advice is much appreciated, thank you.

 

JChaplin

[sailor sam]

I agree with helio about the time scale on this being difficult in rejecting the car under the SOGA. However, it appears that the dealer has in fact miss-lead you in regards to the warranty and you have this in writing from them.

 

I think my first letter would be saying that you have solid evidence that the car was miss-sold in the first place and that you now assume VW are also now aware of this. Detail the problem in the letter and ask them what they intend to do about it. State you would not rule out contacting trading standards or taking legal action if necessary. Give them 7 days to respond and send by recorded delivery. I'm not sure what good it will do, but send a copy to VW UK customer service.

 

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.

 

[heliosuk]

I don't think you will get anywhere with a claim against the dealer however you might have a slim chance with VW. One of the problems you will have which is difficult to get over is the extended service intervals. Unless it has a VW history then this could cause problems as the car is set at delivery for extended or normal service intervals. If extended then this means it has to have a certain oil for the engine.

 

The reality is that VW hide behind service intervals irrespective of whether or not it is on the extended programme or not. With the extended programme it will affect engine only. In all reality this is rubbish and perhaps a marketing ploy. You only have to look at the VW schedules to realise this.

 

Now the service schedules make interesting reading. At no point do they refer on the first service as to changing the oil in the gear box. Or do they subsequently. So the fact that the car has mistimmed it's first service is irrelevant. The only thing VW can claim under goodwill is a lack of loyalty which they are barred from doing under block exemption regulations.

 

You should address your complaint to the CEO at VW in Wolfsburg in Germany whose e mail address is readily available. This registers a black mark on VAG UK. Quote the case number VAG UK have given you.

 

For info, customer service enquiries at VAG UK are not handled by VAG themselves but is out sourced so when you complain you are not talking to VW, just an organisation who is based in Sheffield and knows nothing of what goes on in the real world. In fact I would go so far in alledging that they get a bonus for how many claims like this they manage to fend off!

[sailor sam]

But it wasn't VW which 'mis-sold' the vehicle helio, it was the dealer. Under SOGA your contract is with the seller, not the manufacturer.

 

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.

 

[jchaplin]

All,

 

Been in touch with the dealer today as I thought I'd give them the opportunity to address this before putting it in writing to them. Once I'd emailed them a copy of the letter I had at the time of sale saying it was serviced as per VW standards they immediately agreed to fix it for free. I've asked them what they're willing to do about addressing the lack of proper service history that the car was supposed to have when i bought it so it will be interesting to see what they come back with.

 

Thanks for all the advice, I'll update as and when I know more but so far a good outcome.

[heliosuk]

Sam,

 

It was bought from a VW dealer as I interpret it who represent the brand and have to abide by standards set out by VAG UK and VAG GMBH. The problem in the UK is VAG have for some years sub contrated out the customer service department to an outside co. who frankly are a bunch of numpties and the only way to by pass it is to get a complaint into VAG GMBH, especially Herr Winterkorn, as it logs as a black mark against VAG UK. That's when you start to get some sensible action from VAG UK.

 

In the words of Corporal Jones, they don't like it up em!!

 

Incidently, this is a clear case of goodwill and the extended service interval is only suitable for cars which spend their time on motorways. It should be removed from used cars as is a pain in the arus!

 

Merry Christmas oder eine Gutes Weinachtestag!

 

Gruss!