Car Purchase/Warranty Shenanigans, BAV motors

[Caligulazbaby]

Hello CAG.

I recently bought a car and would like some pre-emptive advice.

Past experience:

I bought a car from a dealership but signed paperwork saying "sold as seen"; any issues, even if the car ends up being worth scrap then it's my responsibility. The car immediately went wrong which taught me a valuable and expensive lesson about getting a warranty with a new car.

This purchase:

 

Monday, August 8th

I used aa.com to buy from an AA approved dealer for assurances and customer service. I found a car and called the dealer saying I would arrive the following morning to look at it.

When I arrived the guy wasn't there and neither was the car. After speaking with him through his work colleague I was taken to it. But not before being informed that one of the car's belts wasn't attached so I wasn't able to even start it up.

 

I had driven 40 miles for this viewing so wasn't impressed but they agreed to deliver free of charge (£50) which was reasonable compensation imo.

 

Thursday, August 11th

There was a delay in the delivery. I received a phone call from the guy's brother saying he was halfway to me and the spark plug light had come on (diesel car so no spark plugs...) but assured me the car was driving fine.

 

I said if you're halfway you may as well deliver it and I'll take it to my local garage. He then said the light had put the car in limp mode......

Soooo.....the car isn't driving fine. 2 lies in 1 call.

 

Tuesday, August 16th

Delivery was delayed again but this time I was told the car barely made it out the forecourt before needing to go back.

 

Tuesday, August 23rd

 

The diagnosis was something to do with a pump. However I was sent photos and videos of a car pump failing and being replaced. They told me it took so long because they needed a friend who was a German car specialist to diagnose and do the work.

 

Friday, August 26th

After 18 days I finally received the car with a 1 month warranty that covered engine and gearbox issues.

 

Monday, August 29th

 

On the second drive and after maybe 10 miles, the gearbox light appeared and wouldn't go away so I contacted them.

 

Thursday, September 1st

 

They returned with a courtesy car (beat up VW with 4 flat tyres) and took the car back for diagnosis.

Wednesday, September 7th

 

Sent text, “Hi Alex this is Mike with the Audi A5. I was wondering if the car was ready yet?”

 

No reply

 

Friday, September 9th

 

Sent text 08:56, “Hello mate how's the car doing?

 

No reply

 

Sent text 18:26, “Hi Alex, any update?”

 

No reply

 

Monday, September 12th

 

Sent text, “Where's my car?”

 

After this text, I finally received a phone call response.

They said the sensor was in a delicate area and that replacing it could damage more expensive parts of the car.

 

They said if they had to do the job that they may as well take the car back as the car drives fine.

 

They said they would give me some money and initially I went along with this and just said fill the tank with diesel and we'll call it quits.

 

after 24 hours I thought to myself I'm just going to have to pay to get this work done eventually as there's a reason for these warning lights. Also I got a warranty to cover this sort of thing.

 

I checked online for sensors in automatic gearboxes and the first link said the job was tricky and expensive (hence them not wanting to do it).

 

I also thought about him saying "we may as well take the car back if the job's to be done".

 

It's my car though, right? It's not his decision to take the car back, it's my decision to sell which I don't want to do.

 

Tuesday, September 13th

I message saying I've changed my mind and want the light sorted because I don't want the pain of having to do it at a later date.

 

As of Thursday, September 15th still no reply from either him or his brother. It's been 2 weeks since they took the car back to get the problem sorted.

Am I in the right for making them fix this problem?

 

The car is well within warranty so I'm positive I have the law on my side here.

 

Also what do I do if they refuse to do the work or refuse to return the car?

 

Should I contact AA and tell them one of their affiliated garages is playing around?

 

Also what's best before escalation?

Do I message them again tomorrow? Talk about potential legal action?

 

I'm quite confused.

After the difficulties from purchase and that last phone call from the guy, I have a feeling this isn't going to be an easy process.

[dx100uk]

There is no such thing as a legally enforceable warranty, they mean nothing, not ever worth the paper it's written on. And most certainly do not, vary, remove or replace your legal rights under consumer rights and contracts laws 

 

Also whilst at it, there is no such thing as sold as seen or trade sale only if you are a member of Joe public.  Utter rubbish!! Does not negate your consumer rights!! You got had!!

 

So without the pages of waffle....what is it you want to happen about the car . It's a bit unclear....

 

If you reported the car faulty within 30 days you can walk away and demand a full refund.  Upto 6 MTs, they have to diagnose and have one chance to fix else if it fails again.. instant refund 

There is no quibble under cra.

 

Dx

 

 

[Caligulazbaby]

So my options are take the car back and pay to fix it myself or ask for a refund?

[dx100uk]

You are not obliged to pay for it to be fixed. If you do you remove your legal rights going fwd . You will no comeback 

 

If you reported the car faulty/ not for for purpose within 30 days. You can demand a full refund..no quibble.

 

Dx

[Caligulazbaby]

Thank you for your replies. We negotiated and agreed I would take the car with a £500 refund and if there are any further problems they'll take the car back and refund the rest.

 

They explained more about the sensor. Apparently the car is mechanically fine but the sensor thinks it isn't. I'm content with the outcome.

[dx100uk]

ok

get it in WRITING!!

 

dx

 

[Caligulazbaby]

Yeah man good shout.

Edited September 16, 2022 by dx100uk
unnecessary post quote removed