Faulty vehicle from dealer

arcon5

The seller is the person responsible for your rights under SoGA.

You would now need an independent report showing the fault is inherent. This can be from a garage. Then give the dealer the opportunity to offer a remedy.
Although it's advisable to deal with the seller first, in case they refuse to reimburse the cost of the report on this basis.

Even with a report, it would depend what the fault was.... for example, if you found a ball joint to be knackered and the car is 6 years old & 80k on the clock, the cause is likely that of wear and tear and not because the component is faulty.

arcon5

Again.


what car is it? mileage? age?

simon_says_3

arcon5 wrote: »

Again.


what car is it? mileage? age?

It's a vw Polo 2007 mileage approx 26k. Fault reported around 15k.

Thanks btw. Does diagnostics from dealer garage count as independent report?

arcon5

simon_says wrote: »

Thanks btw. Does diagnostics from dealer garage count as independent report?

Yes, a diagnosis from a dealer is sufficient - so long as they are independent and qualified.

It would need their professional opinion as to the cause also. Not just the problem, as your burden of proof is whether the fault is inherent and not just what the fault is. The point of it is to prove the fault is not the cause of misuse or general wear and tear.

As an aside... has the PAS pump and power steering fluid level been checked and okay? Although I understand you've had wheel alignment done... have you actually checked the wheels balance (usually done when tyres are fitted though)? Is the shaking just when steering or does it also do it when traveling in a straight line? And does it only do it at certain speeds or not?

simon_says_3

arcon5 wrote: »

Yes, a diagnosis from a dealer is sufficient - so long as they are independent and qualified.

It would need their professional opinion as to the cause also. Not just the problem, as your burden of proof is whether the fault is inherent and not just what the fault is. The point of it is to prove the fault is not the cause of misuse or general wear and tear.

As an aside... has the PAS pump and power steering fluid level been checked and okay? Although I understand you've had wheel alignment done... have you actually checked the wheels balance (usually done when tyres are fitted though)? Is the shaking just when steering or does it also do it when traveling in a straight line? And does it only do it at certain speeds or not?

Thank you, I'm going to book it in for diagnostics at another dealer and ask for them to type up a report as to what is causing the problem.

I've recently had the front 2 tyres replaced and they did the balancing per usual. Though the problem is still there. Fluid levels are all at max.
It's more of a rattle and steering vibrates too. You can travel 5mph and turn the steering on a cobbled road and you can not deny there is something wrong. I've done a search online and looks like other polo members have experienced the same problem. One customer said vw had to replace a component with a modified piece, but I can't be sure that's the same fault as mine.

I will phone tomorrow to book the car in for checks. I will see how that goes.

arcon5

simon_says wrote: »

Thank you, I'm going to book it in for diagnostics at another dealer and ask for them to type up a report as to what is causing the problem.

I've recently had the front 2 tyres replaced and they did the balancing per usual. Though the problem is still there. Fluid levels are all at max.
It's more of a rattle and steering vibrates too. You can travel 5mph and turn the steering on a cobbled road and you can not deny there is something wrong. I've done a search online and looks like other polo members have experienced the same problem. One customer said vw had to replace a component with a modified piece, but I can't be sure that's the same fault as mine.

I will phone tomorrow to book the car in for checks. I will see how that goes.

If that's the case, phone VW first! They may well be able to tell you exactly what's wrong and how to fix it. Then approach the dealer.

dalesrider

I can see where the seller is going to go with this....
Blame the garage that has been trying to fix the fault. Or wear and tear.... Given nearly 2k a month milage.

Was it faulty from when you picked it up? If not then its a wear and tear issue. If it was, why the delay in reporting it.


Why, before starting on the warrenty work. Did you not report to the seller?

You can travel 5mph and turn the steering on a cobbled road and you can not deny there is something wrong

Well that will be just the same as my car. Which hates the cobbled street i have to use to get to M-I-L..... But its fine on anyother road surface.

simon_says_3

dalesrider wrote: »

I can see where the seller is going to go with this....
Blame the garage that has been trying to fix the fault. Or wear and tear.... Given nearly 2k a month milage.

Was it faulty from when you picked it up? If not then its a wear and tear issue. If it was, why the delay in reporting it.


Why, before starting on the warrenty work. Did you not report to the seller?



Well that will be just the same as my car. Which hates the cobbled street i have to use to get to M-I-L..... But its fine on anyother road surface.

Delay in reporting because like I pointed out you can't hear the noise on an average commute when your driving on flat roads in a straight line. For example if I'm performing a 3 point turn, you'll be able to hear it when reversing too.

If it was wear and tear they would have ruled this out from a while back, but they've already replaced several components which could have been the cause. A big one being the steering rack with repair bills of hundreds which the warranty paid out. I'm sure such a reputable dealer wouldn't have let the technicians who diagnosed the vehicle go ahead with the work and advise me otherwise.

Secondly by law, if Thefault has not been sorted out within a reasonable time scale I can claim a refund, because its caused me significant inconvenience because I keep booking it in.

I was not aware I had report to seller because he sold me warranty and salesman told me any problems can be dealt with at my local dealer. As a consumer I had no idea I had to report it at the time. After all I was expecting it to be resolved and move on.
It's all on the system though. Every vw dealer can gain access to dates and invoices for any work carried out. I sent these as evidence when requesting a refund which he still rejected.

dalesrider

simon_says wrote: »

Delay in reporting because like I pointed out you can't hear the noise on an average commute when your driving on flat roads in a straight line. For example if I'm performing a 3 point turn, you'll be able to hear it when reversing too.

So it cant be a serious fault. Or you would feel it then as well. Only a noise?

simon_says wrote: »

I'm sure such a reputable dealer wouldn't have let the technicians who diagnosed the vehicle go ahead with the work and advise me otherwise.

Why, they are getting paid for work.... Seems to me the dealer has not had a clue as to what the fault was. Given they have replaced so much.
Clearly it is not a well know fault, or they would have known what the issue was.
Warrenty work is easy money to them.

simon_says wrote: »

Secondly by law, if Thefault has not been sorted out within a reasonable time scale I can claim a refund, because its caused me significant inconvenience because I keep booking it in.

I was not aware I had report to seller because he sold me warranty and salesman told me any problems can be dealt with at my local dealer. As a consumer I had no idea I had to report it at the time. After all I was expecting it to be resolved and move on.
It's all on the system though. Every vw dealer can gain access to dates and invoices for any work carried out. I sent these as evidence when requesting a refund which he still rejected.

But you at no point given the seller a chance to do anything to resolve the issue. Sounds like the 1st they knew was you asking for a refund after 11 months..... Is that a reasonable time frame?
You have simply left it upto the warrenty to try to fix.
Sorry, but common sense would say let the dealer know..

I can see why the seller has declined your claim. No matter what the system says, you simply have not given them chance to resolve the issue.
Had you contacted and advised them straight away. They may have exchanged the car or refunded you.

Look at it from their point of view. You sell something to someone and 11 months later they comeback asking for a refund... What would you say????

Again given you waited 6 months before reporting the fault? It cannot have been a serious issue. When you are driving 2K a month.

Fault could be something as simple as a worn wheel bearing.... Or power steering pump.

Wonder if the pending MOT will throw anything up. Take it to a garage that has never seen the car.

visidigi

11,000 miles with a fault?

nearly 2,000 a month...

Sorry, but it isn't a fault that's clearly stopping you racking up the miles.

You're not entitled to a full refund, maybe at a push proportional.

That proportion would depend on what you paid (given you have nearly doubled the mileage which was on the car when you bought it.