Faulty vehicle from dealer

simon_says_3

Hi,

To cut my story short, I purchased a vw polo in December 2011 from main dealer as an 'approved used car'. This came with 1 years warranty which covers me for mechanical defects.

The vehicle was purchased from vw dealer 100miles away from home, but my warranty allows me to book the vehicle at my local dealer, should I need to book it in for mechanical defects.

11 months in, and the vehicle has been booked in and out for repairs. Original problem being vibration when steering. They've mis-diagnosed the fault several times and they've replaced a number of components including anti roll bar links, wheel bearing, steering rack, which bone etc. none rectified the fault. Also had other knocking noises whenever i engage gear, after they replaced steering rack which they quoted me 350 to put right (by insulating with foam. Bizarre.)

The fault was reported within 6 months after purchase.

Any how I've accepted many repairs and fault is still present so wrote letter for full refund under sales of goods act to the dealer I purchased from for goods not being satisfactory quality but he rejected and offered me no alternative.

Wrote another letter urging him to review my complaint but again, refused to do anything. Emphasising he can't be responsible for work carried out outside his dealer (my warranty covers me for mechanical defects in any vw dealer part of the 'approved car scheme, and this was outlined to me by salesman).

Where do I stand? What steps do I take. My warranty expires in one week and I'm left with an 11 month old faulty car which was never put right.

I appreciate any help.

Simon_says

arcon5

The Sales of Goods Act would require you to prove the fault to be inherent and would exclude wear & tear of components. If you are relying on the warranty then you need to check the terms and conditions for this.

Are you sure the issue isn't related to wheel alignment or wheel balancing or something?

simon_says_3

arcon5 wrote: »

The Sales of Goods Act would require you to prove the fault to be inherent and would exclude wear & tear of components. If you are relying on the warranty then you need to check the terms and conditions for this.

Are you sure the issue isn't related to wheel alignment or wheel balancing or something?

It can't be wear and tear. The dealer has carried out diagnostics and have attached specialist equipment to the car to trace the fault but they can't seem to understand what is causing the vibration. It a very worrying vibration, which is why the technicians have booked it in a number of times and replacing components. Wheel alignment has also been done.

Warranty t&c don't state anything about refunds. I'm relying on the law for the refund but he has rejected twice.

Is the only route to go to court?

arcon5

If you don't know what the fault fault is then a) you cannot rule out wear and tear and b) you cannot prove there is an inherent fault.

At the moment you don't have a case. After 6 months the law puts the burden of proof on the consumer.

I'd be looking at ball joints and wheel balancing.

What is the age and mileage? This is equally important as even if a component has failed it could be validly argued it has lasted a reasonable time, thus not a fault, merely wear as is to be expected.

But at this stage I wouldn't be hurrying in to filing a court case if I was you. You need some kind of proof such as an independent report. Based on the thread so far if they defended it they would undoubtedly win.

simon_says_3

arcon5 wrote: »

If you don't know what the fault fault is then a) you cannot rule out wear and tear and b) you cannot prove there is an inherent fault.

At the moment you don't have a case. After 6 months the law puts the burden of proof on the consumer.

I'd be looking at ball joints and wheel balancing.

What is the age and mileage? This is equally important as even if a component has failed it could be validly argued it has lasted a reasonable time, thus not a fault, merely wear as is to be expected.

But at this stage I wouldn't be hurrying in to filing a court case if I was you. You need some kind of proof such as an independent report. Based on the thread so far if they defended it they would undoubtedly win.

If I reported the fault on month 4, is it up to the consumer or seller to prove the fault was there when they sold it? I mean I needed to wait this long because they were carrying out repairs. Is it when the fault was reported (I have relevant paperwork) or when consumer seeks legal action?

Vehicle is five years old but fault reported around 15k approx.

My point being, I reported fault before the 6 month so is it now not up to the seller to provide proof?

Hintza

Have you been driving it since you reported the fault? I assume you have and this will weaken your case further.

simon_says_3

Hintza wrote: »

Have you been driving it since you reported the fault? I assume you have and this will weaken your case further.

Of course, though I stopped using it after last repair was carried out which was over a month ago. That's when I wrote the letters to the seller and I told him I am rejecting the vehicle but he won't budge.

I'm wondering if there's another approach I can take instead of going to court?

mattyprice4004

simon_says wrote: »

Of course, though I stopped using it after last repair was carried out which was over a month ago. That's when I wrote the letters to the seller and I told him I am rejecting the vehicle but he won't budge.

I'm wondering if there's another approach I can take instead of going to court?

You won't be able to reject at 10 months.

simon_says_3

So after accepting numerous repairs with fault still present, I have no right as a consumer but to just accept the faulty car and continue driving it? That's so harsh. I feel like I've been ripped off.

wealdroam

It seems that you have been looking for a resolution via the warranty.
It also appears that you have been dealing with this with your local dealer.

You say "The fault was reported within 6 months after purchase".
Was this reported to the selling dealer at that time?

For a Sale of Goods Act issue, you need to deal with whoever sold the thing to you.
If you did not report the faults to the selling dealer within six months then as has already been said you need to prove that the fault is inherent.

Before I write any more, please confirm whether the faults were reported to the seller within six months from purchase.

simon_says_3

wealdroam wrote: »

It seems that you have been looking for a resolution via the warranty.
It also appears that you have been dealing with this with your local dealer.

You say "The fault was reported within 6 months after purchase".
Was this reported to the selling dealer at that time?

For a Sale of Goods Act issue, you need to deal with whoever sold the thing to you.
If you did not report the faults to the selling dealer within six months then as has already been said you need to prove that the fault is inherent.

Before I write any more, please confirm whether the faults were reported to the seller within six months from purchase.

Just to get things clear. I just stated my warranty because any work they carry out on the car outside my warranty is going to be charged for so want to sort this out nowish.

No I did not report to the selling dealer. I only reported the fault a month ago when I had enough from my local dealer. How can I prove the fault to be inherent then? Independant report?

Or do you suggest I take it up to the selling dealer, concidering I'm within my warranty period and have them look at it instead.