VW Emissions and Section 75

TheClown1

Advice please, new to the forum and a little nervous and confused, sorry.
I have an AUDI that is part of this VW Emissions Scandal-I purchased New from an AUDI dealership on finance so...
1-what can I do re giving my car back to them and getting a refund and can I/how do I do that, I have asked AUDI this and they have said no.
2-what can the Ombudsman do for people like me, as surely this Emissions Scandal actions Consumer rights act 2015 section9,10,11 to protect us and get refunded.
3-I paid a credit card deposit so what can Section 75 do for me.
4-the legal, no win no fee, type companies trying to sue are advising not to get the software updated as AUDI are offering-what should I do.
Many thanks for any and all advice, I'm sure I'm not the first to ask this, sorry.

Richard53

This topic has already been widely covered here. Use the search function to see previous threads.


The first question usually asked is: on what basis do you think you are owed a refund?

bigadaj

TheClown1 wrote: »

Advice please, new to the forum and a little nervous and confused, sorry.
I have an AUDI that is part of this VW Emissions Scandal-I purchased New from an AUDI dealership on finance so...
1-what can I do re giving my car back to them and getting a refund and can I/how do I do that, I have asked AUDI this and they have said no.
2-what can the Ombudsman do for people like me, as surely this Emissions Scandal actions Consumer rights act 2015 section9,10,11 to protect us and get refunded.
3-I paid a credit card deposit so what can Section 75 do for me.
4-the legal, no win no fee, type companies trying to sue are advising not to get the software updated as AUDI are offering-what should I do.
Many thanks for any and all advice, I'm sure I'm not the first to ask this, sorry.

What loss have you suffered and how are you quantifying it?

Answer those questions and you will have some idea of what to do.

Richard53

bigadaj wrote: »

What loss have you suffered and how are you quantifying it?

Answer those questions and you will have some idea of what to do.

From what I read of the OP, he is not looking for compensation for a loss, but a refund for something presumably mis-sold.

neilmcl

How has your car "purchase" contravened the CRA?

Answer - it hasn't, so your questions 1, 2 & 3 are moot. I'm afraid I can't help you with 4 but I'm sure if you look at the other threads on the subject you may find some pointers there.

forgotmyname

TheClown1 wrote: »

Advice please, new to the forum and a little nervous and confused, sorry.
I have an AUDI that is part of this VW Emissions Scandal-I purchased New from an AUDI dealership on finance so...

1-what can I do re giving my car back to them and getting a refund and can I/how do I do that, I have asked AUDI this and they have said no.
What reason do you have to return the car? Have you suffered a loss?

2-what can the Ombudsman do for people like me, as surely this Emissions Scandal actions Consumer rights act 2015 section9,10,11 to protect us and get refunded.
UK MOT does not test diesel emissions as they do in the US. So again where is your loss?

3-I paid a credit card deposit so what can Section 75 do for me.
Can you prove a loss or has the vehicle failed to perform as a car?

4-the legal, no win no fee, type companies trying to sue are advising not to get the software updated as AUDI are offering-what should I do.
Many thanks for any and all advice, I'm sure I'm not the first to ask this, sorry.
So a fix is being offered and they are telling you not to get it done. Hows that going to win in court? You goto claim and they just show the letters where you declined the fix?
Still not seeing where you have lost?

Your paying less VED than you should really be paying, so your actually in a winning position. Are you going to pay the higher rate?

And again UK diesels are NOT tested for emissions on the MOT, its just a smoke test.

PS your not the first and probably not the 101st. So far it looks like your richer than you should be so where is the loss?

Do you actually know your vehicles emissions? What did the brochure say it was and what is the true figure? Who tested it and will they prove it in court?

twhitehousescat

my 1961 beetle is chucking smoke out , can I claim compo?

and I am struggling to find head gaskets as well , been like this since 1967

System

TheClown1 wrote: »

1-what can I do re giving my car back to them and getting a refund and can I/how do I do that, I have asked AUDI this and they have said no.
2-what can the Ombudsman do for people like me, as surely this Emissions Scandal actions Consumer rights act 2015 section9,10,11 to protect us and get refunded.
3-I paid a credit card deposit so what can Section 75 do for me.
4-the legal, no win no fee, type companies trying to sue are advising not to get the software updated as AUDI are offering-what should I do.
Many thanks for any and all advice, I'm sure I'm not the first to ask this, sorry.

1) You can't, its not defective. The car passes UK MOT and EU emissions tests.

2) It isn't.

3) Nothing, its not defective, see 1).

4) If you're wanting to use the Consumer Rights Act you have to get the software update done and then see if the issue that you never knew anything about until someone did a real world test is sorted by paying for expensive tests yourself to verify the fix because part of the CRA states that you have to give the retailer the chance to repair it. Given that they have fix then not allowing them the chance to fix it will kill any chance of a claim under CRA and as the fix sorts it you have no claim anyway.

[Deleted User]

The loss would be reduced value of the car on the second hand market.

The car is not as described. If the OP brought it because they want low emissions (for environment or health reasons) it may not be fit for purpose. If the software update reduces performance or increases maintenance costs, the same complaints may apply.

The OP needs legal advice.

Johno100

The OP's picked a very appropriate user name I see.:D

sheramber

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