Car warranty 1 month only - soga rights?

fatbadger2

hello,

I would appreciate some consumer know-how: if anyone is reading this!?

I bought a car 3 wks ago (Audi A4, 2008, 149,000 miles(:eek:), but full Audi service history :A , £7,750). It has now expired with a suspected broken piston, something that I guess means a new engine is required.

I know it was high miles, but I was suckered in by the salesman's talk of bullet proof german quality and the full service history at Audi was reassuring - it was also in mint condition and drove great, albeit for 2000 miles

Anyway, the garage gave a 1 month engine and gearbox warranty. But they sayI have topay for the car to be brought to them and they will 'investigate'. Now, given SOGA rules, surely a reasonable period is not 28 days, but, say, 6 months. Also, is it reasonable toexpect me to pay roughly 200 pounds to move the car and arrange all the transport that entails?? I am olso out of pocket and inconvenienced as I have to use public transport (v expensive and slow for me).

Briefly:
After 1 month can they turn their back if anything else goes wrong?
Is it right that I have to pay for transporting the car to them?
What right do I have if they either refuse, or do a shoddy repair job?
can I attempt to claim back my out-of-pocket expenses as a result of the car failure?

cheers all :cool:

neilmcl

Yes, SOGA equally applies to used goods being sold as it does new but it does take into account factors such as the age and general condition of the item at time of sale. It could be argued that a 4 year old car with nearly 150K miles to it's name has been driven fairly hard and therefore liable for things to go wrong with it.

Is it petrol or diesel?

mattyprice4004

4 years old and 150k is only 37.5k a year - average sales rep mileage, really. I'd therefore expect it to be an ex-fleet TDI, someone buying a new petrol Audi to do 150k in would have to be mad or made of money.

If you got it 3 weeks ago there's really no question under SOGA, they're liable for replacing the engine if it's totally shot. If they can do a good job of repairing the engine then that's acceptable too - but it'd be difficult as usually when a piston fails it damages the cylinder walls too.

Reasonable out of pocket expenses should be covered, but I feel if you go in all guns blazing demanding this-and-that it'll get their back up so you'll have more of a fight on your hands. I'd politely mention that you'll have to pay for transport, and ask if a hire car is available.

As for getting it to them, I'd have thought they'd be without a doubt responsible for this.

At the end of the day a high-class car such as an A4 (yes, I can hear you sniggering at the back!) should last more than 150k, so them using that as a getout won't work. My old Rover 75 diesel was on 200k and is still trotting on fine.

I'd say SOGA's reasonable length of time would be very much up for debate, but I'd say between 1.5 to 3 years for the car's age, mileage and price.

bod1467

SOGA applies and the retailer is trying it on. (IMHO)

Retailer is responsible for collecting the goods and offering a suitable remedy.

s_b

either get the car back to them at your expense so they can investigate
or
have an independant inspection done with a view to making a claim

remember it might still be seen as operator error

arcon5

Yes, SoGA applies to used goods - but that doesn't mean you have a case here. You purchased 'used' goods and wear and tear is an issue.

The car has done 150k miles! At this mileage I would expect these kind of components to have either been done or at the very least be reaching that stage.

I don't think you have a strong case here.

bod1467

I disagree. 150k miles with a full service history would suggest a well-maintained vehicle. Especially as it's a manufacturer stamped history. In reality this will have been a rep-mobile sitting at 70mph (cough*) for most of the time ... very low stressing of components.

*Yes - we know reps tend think 85-90 is the new 70. But with an Audi A4 it may as well have been 70.

arcon5

If you got it 3 weeks ago there's really no question under SOGA, they're liable for replacing the engine if it's totally shot. If they can do a good job of repairing the engine then that's acceptable too - but it'd be difficult as usually when a piston fails it damages the cylinder walls too.

Reasonable out of pocket expenses should be covered, but I feel if you go in all guns blazing demanding this-and-that it'll get their back up so you'll have more of a fight on your hands. I'd politely mention that you'll have to pay for transport, and ask if a hire car is available.

There absolutely is a question as to whether op has a right to repair under SoGA.

SoGA protect consumers against faulty goods, there is a high chance this work needs undertaking not because the components have failed prematurely - but because of the extremely high mileage of the vehicle.

For example, if a timing belt requires changing at 60k, if I buy the car at 50k and hit 65k after 3 months and the belt snaps as it wasn't replaced - I would be liable as the belt was not faulty.

What op needs to refer to is the manufacturers guide and/or some forums to get some decent advise on the life expectancy of these components. Then they can determine whether there are or are not any rights to enforce. If the pistons have failed prematurely then it may not also necessarily mean a completely free repair. If for example, they are expected to last 200k and failed at 150k and cost £1k to replace - it would be reasonable for them to charge 3/4 of the price which would represent the wear and tear aspect.

vaio

nah, the proportion bit might work on a good will contribution from a manufacturer but the OP has sale of goods rights that mean the vehicle either needs to be repaired free or refunded. Note if they do repair it's likely to be by way of a second hand engine

OP.....

If you claim under sale of goods then the repair etc must be done "without significant cost or inconvenience" to the consumer so free transport & a replacement car whilst the repair is done.

If you claim under the warranty then you must abide by the T&C of the warranty and if they say you have to return the car to them so be it

mattyprice4004

arcon5 wrote: »

Yes, SoGA applies to used goods - but that doesn't mean you have a case here. You purchased 'used' goods and wear and tear is an issue.

The car has done 150k miles! At this mileage I would expect these kind of components to have either been done or at the very least be reaching that stage.

I don't think you have a strong case here.

You'd expect most cars on 150k to have had the pistons changed? :eek:

fatbadger2

Thanks very much. Some debate though, as usual!

An update:
The garage I bought it from have said they will 'sort it out' which hope means fix it FOC
The independent inspection mechanic said this kind of car should do 300 000 miles without major mechanical fault (I am a bit concerned that some people think this is wear and tear: the mileage is not particularly high for a modern (and german) car.
The agreement I signed with the garage said engine and g/box warranty for 1 month with small print of I have to get the car back to them, which I am not going to dispute because I want to remain friendly while they fix it, but I did wonder it this was reasonable given my 200 quid expenses?

Basically there seems to be some question mark over the fact that it is (in some peoples eyes) a high mileage wear and tear issue.

if this had happened at 2 months, would I have the same rights???