Audi GEARBOX fault within 3 months of purchase

Wh05apk

Good luck, let us know how you get on, I am sure we all be interested to know, although I suspect you will not get far, as I feel you have not effectively allowed him a chance to inspect the car, and he has not agreed to you getting the work done elsewhere.

mikey72

Don't name the dealer until you have the money back.
It may not be advisable if you need to go to court.
And it's good to see you have ignored the advice to just roll over and take it.
Hope you get an easy result.

iolanthe07

Although I suspect that you'll lose, I really hope you win. If you do, the difficulty will be in getting any sort of payment from the dealer who sounds a bit of an amateur chancer. Good luck, and keep us posted.

Hammyman

DB.8609 wrote: »

Bearing that in mind, seeing as within 6months of purchase the burden of proof is on the dealer to prove that the fault was not pre-existing, I don't see how he stands a chance.

Quite simply because that part of SOGA is only applicable TO BRAND NEW GOODS. The bit that you didn't read because it didn't fit in with what you wanted to hear is that claims for faults on used goods depends on age and condition. 100,000 miles is well used.

And on a 9 year old car with 105,000 on the clock he doesn't have to prove anything of the sort.. It is a VERY WELL USED and QUITE OLD SECOND HAND CAR which a decade ago would have been seen as a banger at that age and mileage and that a decade before that would have most likely have been in the scrapyard. The only reason yours isn't is because of the badge on the bonnet.

The gearbox fault can be attributed to normal wear and tear at 105,000 miles because it is longer than the life expectancy the manufacturer claims..

funkycoldribena

Hammyman wrote: »

Quite simply because that part of SOGA is only applicable TO BRAND NEW GOODS. The bit that you didn't read because it didn't fit in with what you wanted to hear is that claims for faults on used goods depends on age and condition. 100,000 miles is well used.

And on a 9 year old car with 105,000 on the clock he doesn't have to prove anything of the sort.. It is a VERY WELL USED and QUITE OLD SECOND HAND CAR which a decade ago would have been seen as a banger at that age and mileage and that a decade before that would have most likely have been in the scrapyard. The only reason yours isn't is because of the badge on the bonnet.

The gearbox fault can be attributed to normal wear and tear at 105,000 miles because it is longer than the life expectancy the manufacturer claims..

Suggest you stop posting utter nonsense and have a read of this....
http://www.consumeractiongroup.co.uk/forum/showthread.php?23827-Sale-Of-Goods-Act-(buying-A-Vehicle)-Your-Rights
Heres another one...post no 3..
http://whatconsumer.co.uk/forum/second-hand-cars/7237-another-2nd-hand-car-dealer.html

lil.smartie

I think the dealer is being reasonable, you made the decision to buy the car from there not closer to home. It's pretty obvious that the gearbox was working fine when it was sold as it has lasted for those 2000 miles you have driven and so they will find it pretty easy to prove that it wasn't faulty when sold. Yes it may have been worn but so will the engine, drive train, suspension etc as it is a used car not a brand new one.

Good luck.

Kate

funkycoldribena

lil.smartie wrote: »

I think the dealer is being reasonable, you made the decision to buy the car from there not closer to home. It's pretty obvious that the gearbox was working fine when it was sold as it has lasted for those 2000 miles you have driven and so they will find it pretty easy to prove that it wasn't faulty when sold. Yes it may have been worn but so will the engine, drive train, suspension etc as it is a used car not a brand new one.

Good luck.

Kate

Some people dont half roll over easy.So if you went to CEX and bought a laptop for 500 quid and it packed up a week later thats tough because its second hand?

missile

Having been to small claims court twice and won, I do have some experience. I don't think he will win but interested to see if OP is successful.

vax2002

Do you have a copy of the CONTRACT you signed, does it mention trade transfer ?

mikey72

The op hasn't said he's trade.