£3500 fault after 4.5 months ***Resolved***

[chipsto]

Hi Coniff,

 

This correspondence is between me and the finance company. When I originally contacted the garage, they ignored me.

 

However, they do seem to have tried take a step back from the whole thing. I'll get a letter off to them today.

 

Thanks for the reply

[Conniff]

Be demanding without being rude.

[chipsto]

For anyone who might find the information in this thread useful, I replied as follows;

 

I am writing regarding a recent email I received on September 17th 2014 from **** ****, Branch Administrator of your **** office.

 

Both of the options presented to me in said email involved the supplying dealer. My claim is not against the supplying dealer but the buyer of the vehicle (*****). Therefore I find the options presented to me unacceptable. Furthermore, the expiration of the warranty is of no importance in this matter and does not affect my statutory rights.

 

I feel that an unreasonable length has passed in getting to this stage. If an acceptable resolution has not been reached within 14 days I will reject the vehicle for a full refund.

 

Yours faithfully,

[Conniff]

Nice, firm and to the point.

[chipsto]

Excellent

[chipsto]

I received this reply very promptly;

 

Thank you for your letter dated 23rd September 2014 regarding your complaint.

 

You mention in your letter that your claim is against (the finance company) and not the supplying dealer. To clarify our position, we have an obligation under the Sale of Goods Act 1979 (as amended) to ensure that any faults that manifest within 6 years from purchase, are investigated and if appropriate fixed, this repair should be effective and on a like for like basis. If a fault manifests within the first 6 months, the burden of proof lies with the vendor (in this case, us). Beyond this point, the burden of proving that faults existed at purchase lies with the customer.

 

Therefore, as suggested in my earlier email we recommend that we arrange for your vehicle to be collected and taken to the supplying dealer for them to diagnose and fix any faults with the vehicle. If you would like to contact me to arrange this then please call me at your earliest convenience.

[Conniff]

You should give them the opportunity especially as no charge to you.

 

 

The reference to timing is of no relevance as you reported this before the 6 month expired.

[chipsto]

So you reckon this is all above board and I should accept their offer?

[Conniff]

Ok, so you have had your garage take a look and they recon it's the timing chain(s). Did he give you a price for repair ?

 

 

If so and it was below £500, the seller has offered you a goodwill gesture of £500 so that could be a way to go. Then again, although a price for repair is given, it can't know of any other problems brought to light when the car is dismantled so the end costs could be a lot higher.

 

 

Yes, the selling dealer inspecting and repairing is a legitimate option, in fact he should be given the first opportunity to do so. It is the sellers choice of 'repair, replace or refund'.

 

 

You won't need to go to court over this if it all falls flat as the Financial Ombudsman Service can take on the finance company for you.

[Conniff]

Do you want the car repaired or would you prefer a refund ?

[chipsto]

Hi Conniff,

 

I was given an estimate of around £2400, with the verbal addendum that it could go up to around £3500 once properly examined. The reason for the high cost is the complex timing system and the fact the engine has to be removed to access it.

 

Do you want the car repaired or would you prefer a refund ?

 

 

At this point, either outcome would be acceptable. My only concern is that the supplying dealer will do a rushed job replacing the minimum of parts, when really, considering the time involved in removing the engine, a full timing system overhaul should be performed.

[chipsto]

So it's been a few months since this all began but it's been resolved!

 

To fill you in, the car was taken away by the finance company (at their cost) to the supplying dealer so that the dealer had an opportunity to inspect the car and make any repairs. Of course they found none, but the finance company asked the dealer to have the car inspected by an independent third party, who also gave the car a clean bill of health. When I looked on the map, the third party was about 15 metres away from the dealer and in the same yard. The car didn't even have to travel on a public road to get there. At this point the car was returned to me (again, paid for by the finance co). I was extremely unhappy with this result so I took the car to Audi to have a fourth inspection.

 

Audi reported that the car did indeed have timing chain problems and gave me an estimate for nearly £10,000! I gave this to the finance company who two days later called me and offered me the best resolution I could have hoped for. Yesterday I received my deposit and all finance payments back into my bank account, and tomorrow the car is being collected and taken away to auction.

 

To say I'm happy is an understatement, but it's been a frustrating few months with lots of delays.

 

I'd just like to say a big thank you to all those that helped with advice on how to resolve this situation. I'm very pleased with the outcome!

[Conniff]

That's a great result. I can't remember if the name of the selling dealer has been mentioned at all, if not I think it should be ?

 

 

Are there any consequential losses you have suffered ?

If you paid for the Audi inspection you are entitled to be refunded that.

[chipsto]

I haven't mentioned any names at all. While I don't believe the dealer knew of the fault when they sold the car to me, their handling of the situation since has left a bad taste.

 

I paid for the Audi inspection, but the finance company have also refunded it. I have hired a car once for a weekend but I haven't bothered to chase that since it was through work and I couldn't get a receipt in my name.

[rebel11]

Well Done Chipsto.