Car From Audi Walton-on-thames, Has Falsified? Service History from Audi West London **RESOLVED**

[beetleboy]

Hi All

 

I recently purchased a used car from a Main dealer for £14750 (5 year old) under the approved used scheme,

 

after a week i noticed a minor fault with car and booked it in for the work to be carried out

(they could not get the car in for 1 month) taking me outside the 30 day return period.

 

When the car was in being fixed,

i rang one on the previous service stamps (also from the same main dealer group) to find some information if the gearbox oil had been changed,

 

they had only seen the car for the first 2 services at 4k, and 16k

yet the book was stamped with the same main dealer for 28k, 39K, 48K, 59k.

 

the dealer confirmed that the services had not taken place.

and so did Audi UK head office who also confirmed the services had not taken place.

 

So the car does not have full service history and 80% of the services are false,

this invalidates the Audi approved warranty on the car.

 

In the month i have owned the car i made a couple of changes £900 on sports suspension & £1000 on some new wheels.

 

i think the dealer has broken the law by selling a car with falsified history and wondering what steps i should take..

 

the dealer has the car at present still and is saying to me the services he thinks were carried out by an Audi tech but not on the books..ie Saturday job.. and this is acceptable if Audi parts were used!

 

this i feel in unacceptable as i paid a premium buying through a main dealer..

 

any thoughts or opinions on the above

[tony3x]

If it was my I would be asking for a full refund, inc for the parts that I had fitted as they have misrepresented the car and you only bought it on the condition that it had a full main dealer history. Saying that I would be concerned that you may have an issue by fitting after market parts. Not really sure on that.

 

It may be worth contacting the previous owner for receipts etc as it could be the original dealer did not load the details on the system (although I doubt it).

 

don't be fobbed off and as far as I am concerned the 30 day rule is irrelevant due to the misrepresentation.

[BankFodder]

The dealer will have broken the law if he is aware of the deception. If he's not aware, then he probably hasn't broken any laws.

 

It would be useful to you to investigate a bit and see if you can find out what's happened.

 

If a defect all some other events such as not conforming to description, occurs within 30 days of the date of the contract, then you have a short-term right to reject. This rejection has to be notified unequivocally to the seller and it is best done in writing. Once you have done that, it doesn't matter that for instance a date is missed. You have asserted your right and that's that.

 

You have now missed the 30 days, not because it was after that time that the dealer worked on the fault but because you didn't assert your right within the 30 days.

 

Notwithstanding, you are still in a good position because very clearly if the car does not conform to its description, then that is a breach-of-contract under the Consumer Rights Act 2015. Because it has happened in the first six months, the dealer would be entitled to carry out a repair and if that failed then you would be entitled to insist on a refund or replacement. Because you are not talking about a defect here but rather a matter of description, no repair as possible. It is now up to you to decide whether you would be prepared to accept some reduction in the price or to insist on a refund or a replacement – at your option.

 

I think that you should flag up to the dealer that the cars history has been falsified. If you are able to ascertain that it is the dealer who is responsible then frankly, you have him over a barrel and he will be pretty enthusiastic (I imagine) to take the car and give you your money back.

 

A complicating factor is that you have improve the car and obviously you want your money back for this. There is no doubt but that the dealer is obliged to give you your money back. It is part of a series of losses which have been incurred quite reasonably because you acted in the belief that the car was as described.

 

I think that you need to start doing everything in writing. If you do decide to get on the phone then make sure your calls are recorded. Read our customer services guide.

 

Outline exactly what has happened to the dealer and tell him that you no longer want the vehicle and that you are returning it immediately – and you will require a full and immediate refund of your money plus the cost of the improvements – and you will provide receipts for those improvements.

 

Come back and let us know what the dealer says. I think your number one priority is to get rid of the car and to get as much of your money back as possible. If that means that the dealer is prepared to give you your purchase price but balks at the improvements, then I would suggest that you accept the purchase price, get rid of the car and then sue him for the cost of the improvements. That then brings any action that you need to take to a much more manageable proportion.

 

If you have to sue the dealer for a figure greater than £10,000, then you will have to embark on a rather more expensive County Court process where if there was any problem, you could be at risk in terms of costs. Bring it to less than £10,000 and you get onto the small claims track – far cheaper far easier and pretty well risk-free.

 

Get as much of your money back as possible and then argue the toss later.

 

Let us know what happens. Which dealer are we talking about here?

[WarrenBuffet]

Trading Standards might be worth contacting.

 

Also if its a stamped FASH then Audi UK need you to report the Audi dealership too.

[beetleboy]

Thanks for the reply,

i have written today to the previous owner with a copy of the stamps in the service book to see if he can shed any light on this as someone has stamped the book with false services,

 

the aftermarket parts were fitted by a garage (i have receipts) and also still have the original parts so they could be refitted but the cost is another £370,

 

i have also put my private reg on the car transfer cost £80,

bought a new load liner genuine Audi part £60 (i have a receipt). + road tax and insurance cost ,

 

if the cars goes back for refund i will need to hire a car over Xmas so my costs will go up which due to no fault of mine is going to empty my pockets..

 

do you think i have a case for compensation for the parts and reg transfer, i believe if i contact trading standards they could be fined up to £5000..

 

so annoyed that they think they can fob me off with the fact that the car was serviced on Saturdays and not through the books.

 

 

. even if true, the gearbox cover would not be valid due to 10,000 mile to late oil change.. (cost of new gearbox if needed is £8000)

 

Trading Standards might be worth contacting.

 

Also if its a stamped FASH then Audi UK need you to report the Audi dealership too.

 

i have already done this and have a case reference number, but they can only advise the dealer and help steer them.

 

they confirmed that they cannot tell the dealer what to do..

[beetleboy]

reference the above i mean Audi UK has been contacted and not Trading standards at this point

[beetleboy]

the car was purchased via Audi Walton-on-thames, the Dealer that the service stamps are for Audi West London

 

Will keep you updated, t

he car is still with them at present as i refused to take it back and drive it due to having no valid warranty anymore,

I also sent a letter to them (via email and they have confirmed they have received this

[beetleboy]

Just wanted to update for those who have offered advice..

 

On Friday i spoke to the previous owner who confirmed the car had been serviced by a friend of his who was an Audi Technician but for cash in hand!

 

 

he also advised he told the dealership of this when he PX the car into them.. does this make the complicit?

 

I called the dealer after this phone call to advise i had spoken with the previous owner and that we know the history was not done in the network and that the service stamps were therefore fraud...

 

 

they still seem to think that if they can get the proof, (i presume parts receipts) that the work was carried out then its a complete service history,

 

 

even if done off the books and no one paid any tax on the cash in hand etc..

. and also how do i know the parts were even for my car!

really was not to happy about this.

 

Saturday had a call from the dealer who asked for another week to try to find the service history,

 

 

i explained that anything less than full Audi dealer history would not satisfy me and that would not be possible for them to find as it never happened at a dealer as we have both now spoken to the previous owner and he has confirmed it was off the books cash in hand!

 

 

wondering if they are going to manufacture some receipts from somewhere which is worrying me..

 

They did say that if they could not find the history they would buy the car off me and pay for the extras fitted.. (see below email received today)

 

Thank you for your time on Saturday last, and further to our conversation I have outlined our proposal as follows:

 

1. Allow Walton Audi 1 week to provide confirmation that the car has been serviced in accordance with Audi’s service schedule, to include confirmation of the gearbox oil change.

 

2. Service history is correct, Walton Audi provide 2nd Year Warranty and 2 free services.

 

3. If the service history is not forthcoming or incomplete Walton Audi agree to buy back your car on the following basis:

 

Refund the purchase price in full - £ 14750.00

Refund cost of fitted Sports Suspension - £ 900.00 (Receipt to be provided)

Cover the cost of Load Liner / Retention Charge - £ 130.00

 

Refit the original wheels / tyres and return 20” wheels

 

Provide Audi A6 free of charge for a period of 1 month from Saturday 17th December to minimise any inconvenience to give sufficient time to find a replacement car.

 

I trust this meets with your approval, and I will contact you on Friday 16th with an update and a resolution.

 

Thanking you In advance,

 

----------------------------------------------------------------------------------------------------------------------------------------------------------------

 

i dont want to give them another week as i am guessing i will not get the funds before xmas so my reply below

 

Thanks for the email and your proposals,

 

I just wanted to re-confirm what I said on Saturday with regards to the service history, and that even if the previous owner has receipts for the parts,

 

 

there is no proof that that they were ever fitted to my car as the work was not carried out at the dealership and has fraudulent stamps in the book.

 

The only way I will accept the service history is if it was carried out by West London Audi, which both you and I and Audi UK and Audi West London and the previous owner knows did not happen otherwise it would be on the system and we would not find ourselves in this position.

I am more than happy to pass this onto trading standards to investigate.

 

I also advised that the service Schedule for the gearbox should have been 38000 and the fact that the falsified information puts this at 48404 means that Audi warranty would not cover the gearbox. Audi UK have confirmed this.

 

I also advised that the previous owner told me on Friday that he did indeed tell Walton Audi that the car was not serviced by West London Audi and that a friend had done the services at the point of sale to you, which if true makes Walton Audi complicit

 

moving forward as you have already had a 7 days for investigation,

I feel the only option that meets my approval is option 3 and do not want to wait a further week,

 

 

I feel that we should move forward with this as soon as possible, as with Christmas 2 weeks away its almost an impossible time of year to me to be looking for a new car and would like to have the assurance of the money in my bank account should I find an alternative car before putting a deposit down.

 

I feel I am being more than fair with Walton Audi as really this should be a matter for Surrey Trading Standards to be involved with due to the fraudulent service stamps, and misrepresentation of the car in the first place, which at present I am happy not to involve if we can get a swift resolution.

 

Can I suggest that we start the process for option 3 immediately?

 

By Friday16th December

 

I would like the funds in my account (cleared)

 

I will transfer the registration number (online) back to the original -

 

I will Sign the Log book to put the car back Walton Audi ownership then I can get the road tax back

 

I am working from home tomorrow (Tuesday)

 

If one of your technicians wants to drive to my house they can swap the wheels over, as I have no way of getting them to you

 

I can also remove my property from the car

 

Give your technician the old number plates to refit

 

I hope you find the above acceptable and look forward to you confirmation.

 

Have a gone a bit to hard with this email?

[martin2006]

No not at all over the top.

 

I think that they know how much troubke this coukd potentially cause them hence what appears to be a very generous offer to settle. They dont want this going any further.

 

I think they may accept your proposal, it isnt in the slightest unreasonabke, just a week quicker.

[king12345]

Let me know when they collect the car, I'm gonna offer them a cash deal no questions asked, no receipt, no warranty, no return.

I wonder if they'll accept in order to get rid of the car or they'll just put it back in the forecourt with a big sign "FULL AUDI SERVICE HISTORY"

[WarrenBuffet]

Like your style King12345.

[beetleboy]

They rolled over,

great but you know whats really galling is the fact not once have they ever apoligised!

all should be ok if i get my funds tomorrow.

. thanks all for the help, i

 

Good afternoon,

 

Thank you for your response,

so therefore please find enclosed our purchase invoice for the A7 at the agreed figures.

 

Please date and sign where indicated, scan and return along with your Bank Account details, and I will deposit the balance into your account tomorrow.

 

If convenient, I would like to swap your current loan car with the an A6 tomorrow at a time to suit you.

 

 

We would collect the original wheels, bring them back to the showroom do the wheel swap and return your 20” wheels.

 

 

Also at the same time can we collect the spare key, MOT certificate, and a copy of the current V5 (E13 BAM) for our records.

 

If you are happy I will clear the A7 of your personal effects, the drivers will take these with them along with the plates with your private number.

 

I have just received your copy invoices for the suspension,

 

 

thank you, finally, just need confirmation that the cherished transfer has been actioned.

[martin2006]

They are terrified of the service history issue getting out, especially as its an audi approved used car.

Wouldnt be surprised if Audi UK have given them a rocket for not checking it thoroughly and allowing a compromising situation to arise!

 

Let us know if all goes to plan tomorrow

[WarrenBuffet]

Id tell them a wee white lie and say that you have been in contact with a BBC consumer advice programme and they are interested in your story, see if they offer a gag offer?

[AndyOrch]

Id tell them a wee white lie and say that you have been in contact with a BBC consumer advice programme and they are interested in your story, see if they offer a gag offer?

 

No need to tell a white lie...do it anyway...or that you are considering doing it...but do not lie.

 

Andy

[WarrenBuffet]

Fair point Andy.

[dx100uk]

thread title updated.

thread moved to vehicle manu forum

[*RainbowTears*]

Well done, it's a great result for you!!

 

Just a bliddin shame it happened in the first place.

[king12345]

Got to get my backside down at Audi Walton on Thames to buy a nice CHEAP A7