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  • FIRST POST
    • sambobo
    • By sambobo 3rd Jun 17, 1:42 PM
    • 61Posts
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    sambobo
    Motor Ombudsman Advice
    • #1
    • 3rd Jun 17, 1:42 PM
    Motor Ombudsman Advice 3rd Jun 17 at 1:42 PM
    Im seeking some help from MSE on a 'case' with a new VW polo. in short, I have a new polo on PCP with 18 months left on finance contract. The flywheel has failed and the car is practically undrivable. VW promise to give courtesy car or drive you to work on website but in reality they are not providing that service and Im left to find my own transport (hire/borrow car). VW are blaming motorline (VW franchise) and ~Motorline are blaming VW. meanwhile my car is off the road for two weeks until it can be diagnosed and repaired at motorline garage. Im taking up the matter with the ombudsman on advice of the vw customer service rep. but i thought i would check on MSE for advice first. I think that VW should not be able to advertise a feature of a car at point of sale and then not supply that feature when it is required. is this False Advertising or breach of contract? and what kind of compensation should i demand/expect?
Page 6
    • sambobo
    • By sambobo 8th Jun 17, 10:36 AM
    • 61 Posts
    • 3 Thanks
    sambobo
    Right. Of course. Despite the minor detail that that drivetrain goes into plenty of vehicles - including commercial vehicles - which do a LOT more than 60k without issue.
    Originally posted by AdrianC
    This is a bold claim. which ones?
    Last edited by sambobo; 08-06-2017 at 10:41 AM.
    • DoaM
    • By DoaM 8th Jun 17, 11:12 AM
    • 3,496 Posts
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    DoaM
    Good point - yes I have observed that happening as a result of the flywheel problem. 75mpg before, 30mpg after. Tyre tread i havent been monitoring. thanks I will get that included in my next correspondence with the Motor Ombudsman.
    Originally posted by sambobo
    Given that the post you quoted was sarcasm, I presume your reply is in the same vein?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • sambobo
    • By sambobo 8th Jun 17, 11:23 AM
    • 61 Posts
    • 3 Thanks
    sambobo
    Given that the post you quoted was sarcasm, I presume your reply is in the same vein?
    Originally posted by DoaM
    I'm trying to find the word for the nature of my reply. Adrian has sarcastically told me a fact which is actually true and I hadn't previously thought of before. In honesty, I assumed the 30mpg figure as difficult to calculate accurately after only a few weeks.
    Last edited by sambobo; 08-06-2017 at 11:26 AM.
    • sambobo
    • By sambobo 8th Jun 17, 12:13 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    I'm trying to find the word for the nature of my reply. Adrian has sarcastically told me a fact which is actually true and I hadn't previously thought of before. In honesty, I assumed the 30mpg figure as difficult to calculate accurately after only a few weeks.
    Originally posted by sambobo
    I think its the same word for when you thank the cat for bringing you a dead rat in from the garden as a present. "thank you mr cat. now don't do it again"
    • BeenThroughItAll
    • By BeenThroughItAll 8th Jun 17, 12:48 PM
    • 4,594 Posts
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    BeenThroughItAll
    This is going the way of the 'did I or did I not imagine hitting a cyclist' thread.
    • DoaM
    • By DoaM 8th Jun 17, 12:56 PM
    • 3,496 Posts
    • 3,553 Thanks
    DoaM
    I'm trying to find the word for the nature of my reply. Adrian has sarcastically told me a fact which is actually true and I hadn't previously thought of before. In honesty, I assumed the 30mpg figure as difficult to calculate accurately after only a few weeks.
    Originally posted by sambobo
    MPG being impacted is a possibility ... but you seriously think the alleged fault could cause excessive wear on your tyres?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • BeenThroughItAll
    • By BeenThroughItAll 8th Jun 17, 1:16 PM
    • 4,594 Posts
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    BeenThroughItAll
    MPG being impacted is a possibility ... but you seriously think the alleged fault could cause excessive wear on your tyres?
    Originally posted by DoaM
    Why not, the air conditioning compressor has somehow been affected, as has the alternator, apparently.






    Oh, and the fabric of the space-time continuum.
    • sambobo
    • By sambobo 8th Jun 17, 1:34 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    MPG being impacted is a possibility ... but you seriously think the alleged fault could cause excessive wear on your tyres?
    considering it. not sure if there's enough evidence for that though. Do you think that tyres wear faster if you drive less economically or do they wear the same?

    Edit for Adrians Sake before he reads this: My opinion is that tyres wear differently depending on your driving style and not having a clutch seriously impairs your driving style. However, I did check the tyres before taking to the garage and they look ok. I do not think the integrity of the tyres is degraded much but maybe just a couple of extra mm wear.
    Last edited by sambobo; 08-06-2017 at 1:40 PM. Reason: AdrianC Holmes
    • sambobo
    • By sambobo 8th Jun 17, 1:41 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    Why not, the air conditioning compressor has somehow been affected, as has the alternator, apparently.






    Oh, and the fabric of the space-time continuum.
    Originally posted by BeenThroughItAll
    The alternator is just speculation so not apparent yet. now you are drifting into the realms of fantasy..
    • BeenThroughItAll
    • By BeenThroughItAll 8th Jun 17, 1:49 PM
    • 4,594 Posts
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    BeenThroughItAll
    The alternator is just speculation so not apparent yet. now you are drifting into the realms of fantasy..
    Originally posted by sambobo


    Pot, Kettle...
    • Car 54
    • By Car 54 8th Jun 17, 1:50 PM
    • 2,407 Posts
    • 1,566 Thanks
    Car 54
    considering it. not sure if there's enough evidence for that though. Do you think that tyres wear faster if you drive less economically or do they wear the same?

    Edit for Adrians Sake before he reads this: My opinion is that tyres wear differently depending on your driving style and not having a clutch seriously impairs your driving style. However, I did check the tyres before taking to the garage and they look ok. I do not think the integrity of the tyres is degraded much but maybe just a couple of extra mm wear.
    Originally posted by sambobo
    That's "just" 30% of the tyres' life. Definitely a warranty claim.
    • sambobo
    • By sambobo 8th Jun 17, 1:57 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    That's "just" 30% of the tyres' life. Definitely a warranty claim.
    Originally posted by Car 54
    well, its not covered in my warranty but that would be nice! unfortunately i did just change the tyres about 7000 miles ago. I will see how the case with the ombudsman goes - i doubt they give me the opportunity to generate more demands. In any case - if the damage to me will be less than £100 its probably not worth my time arguing about. More Interested in what my rights are and how to deal with ombudsman really as in the original post.

    I feel like someone has called the fun police on this topic.
    Last edited by sambobo; 08-06-2017 at 1:58 PM. Reason: typo - "Really"
    • DoaM
    • By DoaM 8th Jun 17, 2:30 PM
    • 3,496 Posts
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    DoaM
    As alluded to earlier, there's definitely something of a sea monster about this thread.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • sambobo
    • By sambobo 9th Jun 17, 2:47 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    So VW Gatwick have already completed the Flywheel and Air Con compressor repairs under warranty. I will be picking up the car shortly and dropping off the courtesy car.
    We shall see what the paperwork says about other damaged items yet.

    So all of you ney-saying sea monsters can suck the emissions out of my rear end.

    Now back to the topic, what sort of consumer rights do i have with regards to rescinding the PCP contract?
    • BeenThroughItAll
    • By BeenThroughItAll 9th Jun 17, 3:43 PM
    • 4,594 Posts
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    BeenThroughItAll
    So VW Gatwick have already completed the Flywheel and Air Con compressor repairs under warranty. I will be picking up the car shortly and dropping off the courtesy car.
    We shall see what the paperwork says about other damaged items yet.

    So all of you ney-saying sea monsters can suck the emissions out of my rear end.

    Now back to the topic, what sort of consumer rights do i have with regards to rescinding the PCP contract?
    Originally posted by sambobo


    Since you used a similar phrase, 'pics of the jobsheet or it didn't happen'.


    Regarding the PCP, what does the contract say? Any rights to terminate will be in there. A simple (or even a complex) warranty repair doesn't give you the right to terminate.
    • sambobo
    • By sambobo 9th Jun 17, 3:57 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    Thanks yeah I will attempt a pic later. I will check the terms again this weekend but I was hoping that my consumer rights might supercede the terms of the contract. What do you think ? My complaint is not about the warranty but about the service promise advert situation. I think they dealt with the repair in a commendable and appropriate manner . Apart from making me drive the "dangerous" car away last week.
    • BeenThroughItAll
    • By BeenThroughItAll 9th Jun 17, 4:53 PM
    • 4,594 Posts
    • 4,006 Thanks
    BeenThroughItAll
    Thanks yeah I will attempt a pic later. I will check the terms again this weekend but I was hoping that my consumer rights might supercede the terms of the contract. What do you think ? My complaint is not about the warranty but about the service promise advert situation. I think they dealt with the repair in a commendable and appropriate manner . Apart from making me drive the "dangerous" car away last week.
    Originally posted by sambobo


    1. The car wasn't 'dangerous' because of a dodgy DMF and aircon that doesn't work.
    2. You not getting a courtesy car every time you wanted one is not grounds for any kind of contract termination - your PCP is not with the VW garage, which will be a privately run franchise, it will be with VW Financial Services or someone similar; and the clue is in the name 'courtesy' car. They're a courtesy, or privilege, not a right.
    • sambobo
    • By sambobo 9th Jun 17, 5:08 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    1. The car wasn't 'dangerous' because of a dodgy DMF and aircon that doesn't work.
    that is contrary to the opinion of customer services staff at vw Milton Keynes. And also my own opinion.

    2. You not getting a courtesy car every time you wanted one is not grounds for any kind of contract termination - your PCP is not with the VW garage, which will be a privately run franchise, it will be with VW Financial Services or someone similar; and the clue is in the name 'courtesy' car. They're a courtesy, or privilege, not a right.
    you are corre about the PCP. this is why I'm taking vw to ombudsman rather than the motorline Gatwick. Not a privalege but a paid-for promise which advertised by vw and then not fulfilled
    • Manxman in exile
    • By Manxman in exile 9th Jun 17, 5:23 PM
    • 1,017 Posts
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    Manxman in exile
    My complaint is not about the warranty but about the service promise advert situation..
    Originally posted by sambobo

    Do claims and/or promises made in an advert form part of the contract?


    Is the price you paid for a courtesy car, or promise to get you home or to work, separately itemised on the sales invoice? (I think, if I've followed this thread correctly, you say you've paid extra in reliance on this claim/promise?)


    If this were essential to my decision to buy this car, I'd want something explicit in writing.
    • sambobo
    • By sambobo 9th Jun 17, 5:40 PM
    • 61 Posts
    • 3 Thanks
    sambobo
    Do claims and/or promises made in an advert form part of the contract?


    Is the price you paid for a courtesy car, or promise to get you home or to work, separately itemised on the sales invoice? (I think, if I've followed this thread correctly, you say you've paid extra in reliance on this claim/promise?)


    If this were essential to my decision to buy this car, I'd want something explicit in writing.
    Originally posted by Manxman in exile
    I don't think that any of the promises are written on the contract. But I am paying extra for vw service plan for this purpose that is a separate item from the car I think.

    Do people normally get the company to write all the claims on their adverts on the contracts ? If I could go back in time I would. In fact I'd I could go back in time I would have never entered this contract as it is too expensive and unfair to consumer
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