Audi GEARBOX fault within 3 months of purchase

Silk

funkycoldribena wrote: »

Im fixated by the 6.5k because I'd expect a product costing that much to get me to work for more than 2.5 months!

Thats the point though ...if you wanted that you would have spent £6.5k on a 3 year old car with 18k on the clock.
You don't expect to buy a 9 year old car with 105k on the clock to be trouble free motoring

funkycoldribena wrote: »

As for your washing machine, 3 months washing for 50 quid isnt outrageous, as much as 3 months use out of a £200 quid car isnt outrageous.

Again thats the point, you agree to a £50 washing machine thats 1/8th of the price but you don't agree with a car thats in the same circumstances thats also 1/8th of the price

funkycoldribena wrote: »

However if you bought that £50 washing machine from a shop and it broke down after 5 days I,d expect it mended or my £50 refunded which puts it into perspective.

But it's not 5 days it's over 15 times that

vax2002

funkycoldribena wrote: »

You still havent answered my question.Where are you drawing the line? 5 days? 500 miles? You keep giving me dealer waffle and not a definitive answer.

I think he may have drawn the line when he signed the contract that he mistook for a receipt.
It was marked sold as seen and most likely a trade transfer contract.
If you dont regard yourself as a trader, then it is often best advised not to sign a contracts stating otherwise.

mikey72

You can never sign your legal rights away. It would just be an unfair contract, and be slung out of court.

funkycoldribena

Silk wrote: »

Thats the point though ...if you wanted that you would have spent £6.5k on a 3 year old car with 18k on the clock.
You don't expect to buy a 9 year old car with 105k on the clock to be trouble free motoring

Again thats the point, you agree to a £50 washing machine thats 1/8th of the price but you don't agree with a car thats in the same circumstances thats also 1/8th of the price

But it's not 5 days it's over 15 times that

1.I would expect it to last a reasonable time when bought from a dealer,2.5 mths aint that in my book.(private sale then tough)
2.So how long should the OPs car have lasted then? Give me a mileage/timeframe.

funkycoldribena

mikey72 wrote: »

You can never sign your legal rights away. It would just be an unfair contract, and be slung out of court.

Exactly.This "sold as seen" keeps being brought up-ITS ILLEGAL!

vax2002

Yes you can sign your legal rights away, if you sign a trader transfer contract then you sign to say you are a trader and the sale becomes a trade to trade point of transfer.
You can not sign a contract claiming to be a trader and then change your mind later.
The way to enforce your legal rights is to read what you sign first and if you dont agree with the definitions in it, then don't enter in to the contract.
Attempting to prove unfair contract terms is never "just a turn up at court affair", it is a well drawn out expensive procedure

mikey72

vax2002 wrote: »

Yes you can sign your legal rights away, if you sign a trader transfer contract then you sign to say you are a trader and the sale becomes a trade to trade point of transfer.
You can not sign a contract claiming to be a trader and then change your mind later.
The way to enforce your legal rights is to read what you sign first and if you dont agree with the definitions in it, then don't enter in to the contract.
Attempting to prove unfair contract terms is never "just a turn up at court affair", it is a well drawn out expensive procedure

b2b is different to b2consumer.

As to "You can not sign a contract claiming to be a trader and then change your mind later."
you can do that too.

The classic case is makro, claiming to be exempt from SOGA as they are a trade outlet only, and every customer signs to agree they are business, not private customers.
They always lose, as it's not a fair contract.

vaio

interesting point, I think certainly costco (and probably their competitors) generally far exceed SOG in their returns/guarantee/refunds policy

mikey72

Costco do, but they are different to makro, makro do knowingly let non trade use the cards, costco don't. Costco give better terms voluntarily, (so long as you stay a member), makro try to resist the SOGA, and fail.

Kennyboy66

Hammyman wrote: »

I'd be very suprised if you find a no win no fee solicitor who will touch this.

He doesn't need to see a solicitor, in fact the small claims court is designed not to involve solicitor representation.

The OP has nothing to lose by making a claim now.
The claim whether successful or not is clearly not frivolous.

The OP should make offer to settle at around £500 and give dealer 7 days to respond.

Everything the dealer has done has been to frustrate any attempt at reasonable settlement - and this would count against him in a claim.

If the OP makes a claim, it should include all reasonable car costs including car hire while his car is out of action.
The dealer can then make offer to settle when faced with a potential cost of substantially more than £500.