Out of warranty vw, what now?

andy8442

As mentioned earlier on this forum, I have a VW Touran with the dreaded ABS/ESP failure. The vehicle is just under 4 years old with 36k on the clock, and unfortunately out of warranty. The cost of repair is going to be approx £1500 which of course we don't have .

We have spoken to VW for help, but straight away they said no, so I then looked at the Small Claims Court. Citing the Fit for purpose, under the Sale of Goods Act 1979, but here's the problem. The dealership we bought the car from has gone bust, and all our consumer rights fall back to the dealer and not the manufacturer.

Where do we go from here? Any ideas please?

It's a manufacturer's defect, but they can just sit back and watch. Is the law wrong? Or is there another bit of law to cover this type of situation?

We can't afford a holiday this year now! I bet the big wigs at VW can.

derrick

andy8442 wrote: »

As mentioned earlier on this forum, I have a VW Touran with the dreaded ABS/ESP failure. The vehicle is just under 4 years old with 36k on the clock, and unfortunately out of warranty. The cost of repair is going to be approx £1500 which of course we don't have .

We have spoken to VW for help, but straight away they said no, so I then looked at the Small Claims Court. Citing the Fit for purpose, under the Sale of Goods Act 1979, but here's the problem. The dealership we bought the car from has gone bust, and all our consumer rights fall back to the dealer and not the manufacturer.

Where do we go from here? Any ideas please?

It's a manufacturer's defect, but they can just sit back and watch. Is the law wrong? Or is there another bit of law to cover this type of situation?

We can't afford a holiday this year now! I bet the big wigs at VW can.

Did you pay on Credit Card or Finance,(any amount, it can just be a deposit), if so go after them as they are "jointly and severally liable" under section 75 of the Consumer Credit Act.

DCodd

http://www.clubtouran.net/forum/showthread.php?t=4655

Seems people here are getting from 50% - 70% paid by VW.

Have a look.

nomoneytoday

Does it have a full VW service history?
Did you buy it from a VW main dealer?

andy8442

Yes I bought from a main dealer, but they have since gone under, taking my consumer rights with them. VW know about this and know they can wash their hands with me, which they have. As for the finance, I think we put a small deposit down on a debit card, and the rest was a straight bank transfer. so I don't think that classes as using any kind of credit services.Let me know if you know any better.

Also all financial dealings were with the now defunct dealership, not VW.

derrick

andy8442 wrote: »

Yes I bought from a main dealer, but they have since gone under, taking my consumer rights with them. VW know about this and know they can wash their hands with me, which they have. As for the finance, I think we put a small deposit down on a debit card, and the rest was a straight bank transfer. so I don't think that classes as using any kind of credit services.Let me know if you know any better.

Also all financial dealings were with the now defunct dealership, not VW.

No it looks like you paid the equivalent of cash, not a good idea.

For future reference if purchasing goods between £100-30,000 pay at least a deposit on a Credit Card, that way you have some extra protection for the whole amount under Section 75; -

Paying A Deposit On Credit
"Interestingly you don’t need to make the entire purchase on the credit card. If you only pay a nominal deposit with your card and paid the balance of the item in cash, by cheque or using a debit card, the value of the whole purchase would still be covered by the legislation. For example, you ordered an item of jewellery from a shop by paying £200 on your debit card and the remaining £20 on your credit card. If the jewellers went into liquidation before the item arrived at the store, you would be covered for the full amount even though you’d only paid a small portion with your credit card."


WHICH; -
"However, you don’t have to have paid the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card. And this part-payment can be as little as £1 (but no more than £25,000)."

andy8442

Who would I be making a claim from? The dealership or the credit card company? I'll have to dig out the invoice.

derrick

andy8442 wrote: »

Who would I be making a claim from? The dealership or the credit card company? I'll have to dig out the invoice.

You said the dealership has gone under, so your only possible claim there would be against the administrators, but you would be at the bottom of the list.

And you paid cash, (Debit card is cash, as is bank transfer), so no claim against C C company.

andy8442

well looks like I've no options left.Well all I can advise is for gods sake don't buy a VW.

derrick

andy8442 wrote: »

well looks like I've no options left.Well all I can advise is for gods sake don't buy a VW.

Same could be said for any manufacturer of anything for someone who got a faulty product.

Not sticking up for them, but there are tens thousands of VWs out there, they don't all have problems, at least I would imagine no more than other manufacturers.

andy8442

Try Googling VW ABS faults, I think you'll be shocked at the number of people with this problem. Every Manufacturer has these types of problems, what makes the difference is how they handle it. Bmw used the same component which has been failing in the VWs, but Bmw have been replacing it whatever the circumstances for free. VW still deny the have a problem, and either offer some goodwill ( after a battle!) or none at all. For that reason I not be buying another VW after many years and many VWs, and I will tell anyone who'll listen not to buy one.