Peter Vardy - Car Problem

Lorraine384

Hi, 
Looking to run circumstances by someone and see what you think. I bought a 2017 VW Gold TDI 1.6 from Peter Vardy on 30th April 2020. It didn’t have a second key and on 6th October 2020 Peter Vardy booked me into local VW to get it coded. Just prior to going there I noticed coolant was very low albeit there was no warning light. I know it was stupid not to have checked it sooner but I hadn’t. While in VW they gave me the key and topped up coolant. They didn’t highlight any concerns during their health check which they apparently do as standard. 

Less than two weeks later I’ve noticed coolant dropped again albeit not as much. I was just going to take it to VW but after reading Consumer Rights Act realised I was within 6 months and regardless of me not checking coolant onus was with Peter Vardy to prove fault wasn’t there when they sold me car and I had to give them opportunity to assess fault.  Long story short they washed their hands of it and said I need to pay for checks and repair. I said they haven’t evidenced that it wasn’t there when I bought it and a coolant leak isn’t wear and tear. The coolant could have looked okay in the garage but leaked when driven. Car has only done 27k miles. 

My question is am I being unreasonable in expecting them to diagnose and fix this fault? Everything I’ve read about the Consumer Rights Act suggests not. 

daveyjp

Put your complaint in writing to the dealer principal outlining your statutory rights.

The 1.6TDi wasn't VWs finest hour and whilst low mileage always looks a good selling point it isn't always the case when buying a diesel.

Lorraine384

Oh really! Well I am stuck with it for the next 2 and a half years at least so hope they can sort whatever this issue is. I’ve since had a call to say have it in tomorrow for a free of charge diagnostic check. Thank you for your response. 

KimJongUn88

On the flip side, what evidence do you have that the coolant leak didn't start days before VW topped it up in October?

Lorraine384

But as far as I am aware from reading the Consumer Rights Act within the first 6 months the fault is presumed to have been there when the vehicle was sold unless the seller can prove otherwise. There is no obligation on the buyer to prove anything until after the 6 month period. 

Were_Doomed

Lorraine384 said:

But as far as I am aware from reading the Consumer Rights Act within the first 6 months the fault is presumed to have been there when the vehicle was sold unless the seller can prove otherwise. There is no obligation on the buyer to prove anything until after the 6 month period. 

Is the correct answer ... but getting sellers (especially vehicle sellers) to understand the Consumer Rights Ac 2015 can be an uphill struggle.

oldagetraveller1

Was the coolant at the correct level when you bought it?

Any evidence of a coolant leak? e.g. under the car when parked, any "stains" showing on or near the engine.

The very least they should do is pressure test the system rather than just keep topping it up!

I would take the "health check" result with a very large portion of salt too.

Lorraine384

Thanks for your reply. I had not looked at coolant level until 6/10/2020. 

Dealer had it in today and called to say there is not a fault following a pressure. I explained that the fault is there - the coolant dropping. Just because they have not managed to identify the source of the loss through their limited diagnostic testing does not mean it’s not there and as far as I know there are multiple other reasons the coolant could be dropping such as an internal leak. 

They have now had the opportunity to diagnose and the repair the fault so my understanding of the Consumer Rights Act 2015 is I can move to reject it. The dealer have advised me they want me to collect the car. 

Would appreciate any advice if anyone had been in similar position.