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Right to refuse new car?

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LBUK_2
LBUK_2 Posts: 26 Forumite
Hello,

My husband bought a new Audi Q7 and within a month or so realised it had faults, a few little annoying things but one of them was that the inbuilt sat nav wouldn't pin point his location and it's synced with the full beam lights and he was blinding other cars.

He took it in and about 50 days later they can't fix the issue and say there is no point replacing it because the problem must be spec related.

He said he could make changes to the spec but they do not accept that.

The bottom line is that they have offered to give him some compensation and replace his fundamentally flawed car or they will give a full refund excluding a fee for having used the car.

My husband would opt for a full refund but to pay the fee would price any comparative new cars out of his budget and buying a second hand car is unacceptable.

He doesn't always buy new, but this was his treat to himself and we simply can't afford to buy new again within this price range.

What do you think his chances would be of recovering the full purchase price if we took it to court?

Anyone have any idea of the cost of going to court for £60000?

Could we reclaim any incurred court expenses too?

Thanks
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Comments

  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    You don't say how long you have owned the car but you have had use out of it so it is now a used car so you can only expect the dealer to give you a used price for it. You don't get to use a car for x months free of charge.
  • HiToAll
    HiToAll Posts: 1,297 Forumite
    LBUK wrote: »
    Hello,

    My husband bought a new Audi Q7 and within a month or so realised it had faults, a few little annoying things but one of them was that the inbuilt sat nav wouldn't pin point his location and it's synced with the full beam lights and he was blinding other cars.

    He took it in and about 50 days later they can't fix the issue and say there is no point replacing it because the problem must be spec related.

    He said he could make changes to the spec but they do not accept that.

    The bottom line is that they have offered to give him some compensation and replace his fundamentally flawed car or they will give a full refund excluding a fee for having used the car.

    My husband would opt for a full refund but to pay the fee would price any comparative new cars out of his budget and buying a second hand car is unacceptable.

    He doesn't always buy new, but this was his treat to himself and we simply can't afford to buy new again within this price range.

    What do you think his chances would be of recovering the full purchase price if we took it to court?

    Anyone have any idea of the cost of going to court for £60000?

    Could we reclaim any incurred court expenses too?

    Thanks

    Its main fault was it is a Q7
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    LBUK wrote: »

    My husband bought a new Audi Q7 and within a month or so realised it had faults, a few little annoying things but one of them was that the inbuilt sat nav wouldn't pin point his location and it's synced with the full beam lights and he was blinding other cars.

    The bottom line is that they have offered to give him some compensation and replace his fundamentally flawed car or they will give a full refund excluding a fee for having used the car.

    buying a second hand car is unacceptable.

    Can they not un-sync the head light and update the satnav disc/software?

    Errrrr, he IS driving a used car now.....a fundimentally flawed one so I guess this is not acceptable either.

    Go to another Audi dealer and get the issues sorted will be a lot easier and wayyyyyy cheaper than taking Audi UK to court for £60,000, have you actually lost £60,000?

    You can reclaim legal fees IF you are successful. I would go to see a solicitor for a free 30 minute consultation and they will give you their opinion if you are serious. Or write to Watchdog.
  • bigjl
    bigjl Posts: 6,457 Forumite
    I would have though such a significant fault with Q7's would be all over the Internet......
  • LBUK_2
    LBUK_2 Posts: 26 Forumite
    Thanks for most of the replies.

    £60000 is the rounded up amount of how much he paid for the car so is the amount he wants to recover.

    Buying new is about owning a car from new in spite of it becoming used from someone else's point of view. Buying an exact same car previously owned by someone else is not the same thing he paid a premium for.

    He isn't driving the car at the moment. He hasn't drove it since he handed it in to be fixed over 50 days ago, they have provided a Q7 courtesy car.

    They have tried to fix it to work as intended even with replacement parts and they failed.
  • rs65
    rs65 Posts: 5,682 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper Combo Breaker
    LBUK wrote: »
    The bottom line is that they have offered to give him some compensation and replace his fundamentally flawed car or they will give a full refund excluding a fee for having used the car.

    How much is the fee?


    When did he buy it and how many miles has he done?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Have they escalated the problem to Audi UK? If so, have THEY escalated the problem to Audi Germany?
  • LBUK wrote: »
    they have provided a Q7 courtesy car.

    They have tried to fix it to work as intended even with replacement parts and they failed.


    Does everything work ok on the courtesy car / is it the same spec?
  • Nobbie1967
    Nobbie1967 Posts: 1,669 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    You can reject a car upto 6 months from purchase under the Consumer Rights Act 2015 if you've given them the opportunity to correct the fault and they have failed. Not sure your issues would necessarily count as faults without a bit more detail.

    The car doesn't sound like it's fundamentally flawed from the brief description you've given, more like a few minor issues. Presumably you can dip the headlights manually when you enter a built up area, which I assume is what the GPS link does. As long as the GPS works for navigation, I think you'll struggle to convince a court to get a full refund.

    Also, you can only sue for you actual loss, you lose a huge chunk of cash just driving out of the garage, so as you didn't immediately reject the car, it could be argued that you have enjoyed the experience of driving a new car and paid the cost of that. From the limited info you've given, I wouldn't take this to court as you may well lose, or win a smaller settlement than they're currently offering, so you end up paying their costs as well.
  • loskie
    loskie Posts: 1,761 Forumite
    Part of the Furniture 1,000 Posts
    buying a second hand car is unacceptable


    poor soul
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