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Manufacturer defect car sold by V12

Unfortunately my car was stolen earlier this year and as a result of the money I received I had to source a replacement car with the money I received. As a result I purchased a VW Polo GTi from V12 Classics in April 2018 at a price of £7295 with an AA Warranty and AA inspection. Some 4 months later the car oil light came on so I filled it up, then 200 miles later the light came on again. As a result I took it to my local AA mechanic who told me that the cars pistons were melting and I would require a replacement engine at a cost of £3.5k - as this was a manufacturer fault it wasn't covered by the Warranty. I contacted V12 and said that I wasn't happy given that the car I bought from them had only lasted 4 months before requiring a replacement engine. Following advice of Consumer advice I sent a recorded delivery letter asking them to respond as to what they could do and if they had an ADR. They never responded to this letter but did arrange to pick up my car for repair. 5 weeks later they said that I had to contribute £1000 towards the engine and gave no details about what guarantees I would have for the work. As a result I contacted consumer advice who told me to follow up with a letter stating that I wanted a refund or a small claim court proceeding would begin and that I shouldn't pay any money. They have since responded saying that they are not responsible and that I have to pay the contribution to get the car back with a replacement engine- consumer advice have told me to start proceedings via the small claims court. However, this is where my concerns begin, I have no paid £400 to start the small court proceedings but have realised that the last letter I sent them I didn't sign at the bottom and I'm not sure if this is a mistake or if they can then present a different letter. All I want is a refund of my money which I believe as this is within 6 months and the car cannot be driven that I am entitled to. Or is this a set of bad luck circumstances that means having had my car stolen this year, I have then bought a car from a dealer who doesn't car about the issues and as a result I now have no money and no vehicle......any advice to help me try to get an outcome that feels a little more positive would be appreciated.
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Comments

  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    What colour light was it?
    What was the reason why they oil light came on?
    Did you have the oil drained after the light came on?
    Did you investigate why the light came on?
    Did the mechanic you took the car to look at the pistons?
    How did you drive the car there with melted pistons?

    I would take the £1000 and buy a good used secondhand engine.....or return it to the garage and start your small claims case - buy another car in the mean time as it will be some time before you get any real money.
  • Some 4 months later the car oil light came on so I filled it up, then 200 miles later the light came on again.

    The oil light isn't there to remind you when to put oil in the engine. When this light first came on, didn't you wonder why?

    In the first 4 months that you had the car, how many times did you check the oil level?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You don't say how old this Polo is, but that price would suggest it's around 7yrs old, going by others currently on sale.




    The oil pressure light tells you that the oil pump in the car is sucking up air, not oil, because the level is far too low. This is basic car maintenance, and the level should be part of your regular checks - ideally weekly. You do not say that you stopped the engine immediately the light came on - which strongly suggests you continued to drive, which is directly against the advice in the owner's handbook.



    You were driving it for four months before the oil pressure light came on the first time. Then it came on again 200 miles later. This suggests that the lack of oil the first time caused rapid internal wear, which is what's now causing it to use oil rapidly.


    You do not have an automatic right to a refund within six months. The law states that faults within the first six months are presumed to have been present at the time of sale, unless it can be shown otherwise. Even if the fault is deemed to have been present at the time of sale, you have no right to an automatic and unequivocal refund after 30 days.



    My advice? Pay the £1,000, and don't neglect basic maintenance in future.
  • motorguy
    motorguy Posts: 22,615 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    AdrianC wrote: »
    You don't say how old this Polo is, but that price would suggest it's around 7yrs old, going by others currently on sale.




    The oil pressure light tells you that the oil pump in the car is sucking up air, not oil, because the level is far too low. This is basic car maintenance, and the level should be part of your regular checks - ideally weekly. You do not say that you stopped the engine immediately the light came on - which strongly suggests you continued to drive, which is directly against the advice in the owner's handbook.



    You were driving it for four months before the oil pressure light came on the first time. Then it came on again 200 miles later. This suggests that the lack of oil the first time caused rapid internal wear, which is what's now causing it to use oil rapidly.


    You do not have an automatic right to a refund within six months. The law states that faults within the first six months are presumed to have been present at the time of sale, unless it can be shown otherwise. Even if the fault is deemed to have been present at the time of sale, you have no right to an automatic and unequivocal refund after 30 days.



    My advice? Pay the £1,000, and don't neglect basic maintenance in future.

    ^^^^^^^^^^^^^^^^^^^^

    Wholly this.
  • James2k
    James2k Posts: 300 Forumite
    Whilst true that the oil level should be checked. for it to get that low that fast especially the second time tells me at least that its a bit of a lemon from the get go.

    More 'advice' from the 'can do no wrong' brigade.

    There was clearly something amis with this car before the situation was made worse by the oil departing.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    All we know is that after four months - with no word of the level being checked once in that time, or the mileage covered - the oil light came on.

    VW, in common with many other manufacturers, quote oil consumption of up to one litre per 1,000km/620 miles as being within acceptable tolerances.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 November 2018 at 2:31PM
    James2k wrote: »
    Whilst true that the oil level should be checked. for it to get that low that fast especially the second time tells me at least that its a bit of a lemon from the get go.

    More 'advice' from the 'can do no wrong' brigade.

    And as already mentioned by AdrianC, the reason for the oil running low so quickly the 2nd time could well be because of damage caused when the car was being driven with low oil previously to this.
    If the OP didn't check the oil in 4 months, (and then only topped it up because it had already reached a dangerously low level) did they check other essentials such as lights & tyres?


    It's not a case of the "can do no wrong' brigade", but the "expecting responsible drivers to ensure their vehicles are safely maintained brigade"
  • motorguy
    motorguy Posts: 22,615 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 20 November 2018 at 2:44PM
    James2k wrote: »
    Whilst true that the oil level should be checked. for it to get that low that fast especially the second time tells me at least that its a bit of a lemon from the get go.

    More 'advice' from the 'can do no wrong' brigade.

    There was clearly something amis with this car before the situation was made worse by the oil departing.

    Not unusual for a VW to drop below a min level and onwards to engine damage if unchecked within a few thousand miles. As has been said a litre per thousand miles is not that unusual. Assuming 1,000 miles a month thats potentially four to six litres gone. Even half that usage would be 2 to three litres. :eek:

    Certainly should have been checked regularly and topped up. Leaving it on both occasions for the oil pressure light to come on is a recipe for disaster.

    I dont agree that something was clearly amiss for the engine to use oil. And even IF that were the case, checking usage and having to top up too frequently would be the escalation reasons, not waiting until the engine is wrecked.

    Having a warranty and assuming the dealer will pay for it, is no reason not to perform basic maintenance on the car.
  • motorguy
    motorguy Posts: 22,615 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    And as already mentioned by AdrianC, the reason for the oil running low so quickly the 2nd time could well be because of damage caused when the car was being driven with low oil previously to this.
    If the OP didn't check the oil in 4 months, (and then only topped it up because it had already reached a dangerously low level) did they check other essentials such as lights & tyres?


    It's not a case of the "can do no wrong' brigade", but the "expecting responsible drivers to ensure their vehicles are safely maintained brigade"

    +1

    Neglect of basic maintenance does not make it the dealers fault.
  • James2k
    James2k Posts: 300 Forumite
    Of course, i totally agree that people should check their oil, but at the end of the day saying to him 'just pay up and learn from the mistake' is not mse.

    Potentially the engine had a rather large issue (before it had an even larger one), granted if it has done 10,000+ miles without being checked. but we need to know how many miles it was driven in that 4 months to make a judgement, if its only done 1000 miles and the light came on, that's excessive, but as you say motorguy, could be 'normal' if it was 8000 miles.

    not that i would put up with a car using a litre every 1000 miles. (unless its designed to do such as some rotary engines)

    I also think, that if the engine was sufficiently damaged to put the light on again within 200 miles, that it would be making some strange noises. I know not everyone is attuned to their engine sound, but still.
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