Small claims

Mark_65

Hi
I hope someone can help me with regards to a problem I am having with a motor trader.
In January this year I purchased an Audi A5 Quattro from a trader as I needed a 4wd vehicle.
I have since found out through Audi that the vehicle I purchased which was advertised as a Quattro is only a two wheel drive.
To make matters more complicated the V5 states the car is a Quattro.
I have contacted the trader and asked to return the vehicle and to get a refund as the vehicle is not as advertised. They have stated that as far as they are concerned the V5 states its a Quattro so they have sold it as one and if I want my money back I must sell the vehicle on.
I have since sent a recorded delivery letter stating my rights under consumer rights act 2015 that goods must be as advertised. I have given them 14 days to reply or I will pursue the matter through small claims court.
My question is as I still have a vehicle should I make a claim for the full amount that I paid the trader?
Thank you in advance

forgotmyname

Claim treble what you paid for it, then claim some more for the stress, then add on some extra for a nice sunny holiday to recover.

System

Anyone who buys an Audi A5 Quattro doesn't need a 4 wheel drive vehicle. If they truly needed 4 wheel drive they'd be buying something like a Range Rover, Land Rover, Toyota Landcruiser and the like.

The fact you only realised when Audi told you is proof of that.

Mark_65

Thanks for the reply. I didn't think I could claim that much but I'll make sure I put it all on the form

facade

Presumably it says quatro on the back?
I'd have a look underneath for a propshaft running down the centre tunnel above the exhaust. If it has one it is 4wd.


Assuming it hasn't then it isn't as described and the reason you bought it was primarily because it was 4wd, and you paid the price for 4wd rather than 2wd.
As the seller is a trader, who should be the "expert" and know what they are selling, you should have recourse in Law. Whether after this time that is a full refund, a refund less some allowance for "fair use", or just a refund of the difference in price I don't know.


What do you want?


If I'd bought a 4wd car, I'd want a car with working 4wd or my money back so I could get one...

neilmcl

So is it an actual Quattro or not and was it advertised as such?

If you are able to reject the car as it's been over 30 days you wont be getting a full refund, an amount can be deducted to take into account the usage you've had from it.

As an aside, the fact you've not noticed that it's not 4WD suggests that you actually don't "need" one that is.

AdrianC

forgotmyname wrote: »

Claim treble what you paid for it, then claim some more for the stress, then add on some extra for a nice sunny holiday to recover.

Mark_65 wrote: »

Thanks for the reply. I didn't think I could claim that much but I'll make sure I put it all on the form

You can't. He's being sarcastic.

You need to reject the car, and put it outside your use - physically return it to the supplier. If they refuse to refund your money (less a reasonable adjustment for the five months you've been driving around in it), then you need to take them to court. You can only claim for your direct, provable costs.

Alternatively, if you wish to keep the car, you can claim for the difference in value (at the time of sale) between what you understood you were paying for, and the equivalent value of what you actually got.

tacpot12

Did you tell the dealer you wanted a four-wheel drive car?

Have you got to the bottom of why the car says Quattro on the back when it is not a Quattro - presumably someone has stuck a badge on, but how did the V5 get changed? The DVLA might have a record of this change. If the DVLA recorded the change after the last keeper sold it, the dealer should be liable for the fraud, even if they did not perpetrate it themselves.

If the dealer bought the car in good faith with the Quattro change already on the V5, you will have a harder time convincing a court that the car was advertised incorrectly.


Have you figured out yet what you would lose if you sold the car and bought a real Quattro? Sometimes it is best for your health to just accept that you've been had and move on.

waamo

There is the possibility Audi have misinformed you and it is a Quattro. Get someone who knows about cars to look over it. The dealer may have done nothing wrong.

AdrianC

I suspect that the original Audi dealer incorrectly recorded it with DVLA when the car was new.

Not all models of A5 were available as FWD and/or Quattro - higher-power were only 4wd, entry-spec were FWD only. So what particular variant of car is this? Have you run the VIN through a decoder?

facade

Easier to look for the propshaft and rear drive shafts. If it has them it is a quattro.