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New car under HP is affected by the VW scandel, can I claim against finance company?


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Hi All

 

I bought a new Audi A5 under a HP agreement in 2012, the final lumps sum payment is due in March 2016.

 

I have just discovered my engine IS affected by the VW emissions cheat device.

 

As I understand it, the finance company is liable as well as VW, will be quicker and easier to deal with the finance company than join a class action against VW

 

Under the CCA 1974, can I claim against my HP finance company on the grounds that:

 

1. The vehicle was not as described (i.e. emissions etc. not as quoted)

 

2. the vehicle is not fit for purpose (emissions cheat device fitted (knowingly) and Mileage, emissions, fuel consumption not as quoted)

 

Is there any template for this type of letter?

 

Any advice would be most welcome as a £10K final payment is due soon,

 

thanks

 

John

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Hi All

 

I bought a new Audi A5 under a HP agreement in 2012, the final lumps sum payment is due in March 2016.

 

I have just discovered my engine IS affected by the VW emissions cheat device.

 

As I understand it, the finance company is liable as well as VW, will be quicker and easier to deal with the finance company than join a class action against VW

 

Under the CCA 1974, can I claim against my HP finance company on the grounds that:

 

1. The vehicle was not as described (i.e. emissions etc. not as quoted)

 

2. the vehicle is not fit for purpose (emissions cheat device fitted (knowingly) and Mileage, emissions, fuel consumption not as quoted)

 

Is there any template for this type of letter?

 

Any advice would be most welcome as a £10K final payment is due soon,

 

thanks

 

John

 

Having used it for 3 years it seems unlikely you could only now reject it.

 

You could claim for your loss(es), but how do you plan to quantify them for the claim?

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Hi All

 

I bought a new Audi A5 under a HP agreement in 2012, the final lumps sum payment is due in March 2016.

 

I have just discovered my engine IS affected by the VW emissions cheat device.

 

As I understand it, the finance company is liable as well as VW, will be quicker and easier to deal with the finance company than join a class action against VW

 

Under the CCA 1974, can I claim against my HP finance company on the grounds that:

 

1. The vehicle was not as described (i.e. emissions etc. not as quoted)

 

2. the vehicle is not fit for purpose (emissions cheat device fitted (knowingly) and Mileage, emissions, fuel consumption not as quoted)

 

Is there any template for this type of letter?

 

Any advice would be most welcome as a £10K final payment is due soon,

 

thanks

 

John

 

The finance agreement should be seen as a separate issue and you should meet the conditions of the agreement. It is not an issue to be used to not make any payment due.

 

What you need to be able to evidence is some kind of loss due to the cheating by VW. At the moment, this is not certain. It is not the same as a faulty part which you could claim under the Sale of Goods act against the retailer who sold you the car.

 

Arguing that the car is not as sold would be difficult. I am not sure any Judge is going to agree to such a claim. You are going to be one of a large number of people thinking the same. Judges tend to get a bit nervous of such situations and you might find it gets put on hold. The VW retailers would defend such claims and i suspect it might get referred to a higher court. You could be waiting a long time. You might struggle as a litigant in person and need the services of a Solicitor. Could get expensive.

 

If you write to the VW retailer who sold you the car, i doubt you will get anything other than a standard reply. Under the Sale of Goods act the retailer is entitled to pay for necessary repairs to resolve the issues of any complaint. They will simply say that VW are working on what work is needed on the car and they will contact you again when they have more information.

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You have driven your A5 happily for the last 3 years with (presumably) no major issues. Are you unhappy with your mileage and fuel consumption? In what way has your overall driving experience been altered?

From what I understand, a few lines of code were inserted into an ECU to ensure that he engine met with emission requirements under specific test conditions. This is NOT the same as stating that it cannot meet advertised "on the road" numbers which will change dependent upon your style of driving.

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I have to second all the questions and responses posted above.

 

This is a device to lower the emissions during a specific controlled test and does not affect the car on the road.

 

The car you are driving is the one that was designed to have a BHP but the emissions regulations in California, (the toughest in the world), were reduced and the cars could no longer meet those emissions, so a device was fitted that reduced the fuel input during the test,

it doesn't affect the car in any way when being driven on normal roads.

 

Have you failed an MoT test or had your road tax cost increased ??

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Hi all.

My Golf is one of those affected by this and I admit I'm worried. Until this all blew up I was (and still am) happy with the overall performance/economy of my car however if the fix is going to affect either negatively then surely it ceases to meet the specification the car was sold under. The fact that VW were aware of the defeat software, in my opinion, means that they knowingly mislead potential customers with their emissions data. Surely that must have a knock on effect on the validity of any credit agreement? I should make it clear that I do NOT advocate witholding payments because of this.

Potentially then owners of affected vehicles are in a no win situation; either they don't have the software in their cars updated and take a hit on any residual value and are potentially hit by an increase in vehicle excise duty or they do have the software update and face a reduction in the performance/economy they're used to.

I think I'm going to wait and find out what the options are and find out (via an independent source) how the software fix affects performance before doing anything. Ultimately all I want is the vehicle that I thought I was buying.

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HM Government has issued a notice that any affected cars that have an increase in emissions after VW have put them right will not have an increase in road tax charges.

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Why do you say VW SCANDEL? I congratulate VW for having the brains to develop this system. Wish other manufacturers would fit devices to overcome Euro 4 &5 Regs. They increase fuel consumption.

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It is a scandal. Clever, but non-the-less very illegal. They must have known they would eventually get caught.

 

If you can't meet a countries emission regulations then either go back to the drawing board or don't sell to them.

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Euro Regulations are the real scandal--using carcinogenic compounds just to get rid of a bit of soot and causing the use of more oil in extra fuel consumption.

And the Govt. wonder why some of us want out of EU control.

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HM Government has issued a notice that any affected cars that have an increase in emissions after VW have put them right will not have an increase in road tax charges.

 

In order not to be hit by a potential increase in VED VW owners are effectively being forced into having any software fix. A fix that could, if as some of the forums are speculating, knock up to 30 BHP off the 170BHP version engine. Whilst this is speculation at present, it does present a worrying prospect, owners bought vehicles expecting a certain level of performance. A fix that potentially has that much of an adverse effect would leave me very angry indeed.

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In order not to be hit by a potential increase in VED VW owners are effectively being forced into having any software fix. A fix that could, if as some of the forums are speculating, knock up to 30 BHP off the 170BHP version engine. Whilst this is speculation at present, it does present a worrying prospect, owners bought vehicles expecting a certain level of performance. A fix that potentially has that much of an adverse effect would leave me very angry indeed.

 

The 'so called' repair in my understanding is to remove the gadget or software that reduces the exhaust emission during a test. The engine will still have it normal designed bhp after this has been done but will not then meet the emission requirements during any future tests.

So there should be no noticeable difference in normal driving.

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