Faulty car, dealership being difficult

prob_solver1

Hi and thanks for considering my post.

I purchased a second hand Audi A4 (2015 plate) in Jan 2022. At the time of purchase, the car had a high mileage of 134K (diesel engine). I purchased it from a registered Ltd company (car dealership, nature of business 45112 - Sale of used cars and light motor vehicles). They have a name and address of the dealership which is different from the registered Ltd company name and address. As I understand from the purchase receipt, one of the names is the trading name, and this trading name used to be the name of their previous Ltd company which was dissolved. I paid £6,290 for the car which included parts exchanged. The car came with 6 months warranty (from a used car warranty company) which is due to expire next week.

Within 14 days of purchase the car had the emissions control system lights on (light description taken from car manual) - in amber. At this point the car had run 590 miles from the time it was purchased. I contacted the warranty company who asked me to get a diagnostics done. The garage only gave me a report with a fault code 19226 Particulate Trap Bank 1 which they didn't have expertise to conclude further. Upon providing the warranty company the report and fault code they confirmed that they did not cover emissions related problem. I contacted the car dealership and they mentioned that it is not any major problem as the DPF only needed regenerating. They advised me to can run the car on the motorway for 10 miles, 4th gear and 60 mph and that will resolve it. I drove the car on the settings and it did not resolve. I then took the car to an Audi garage and they diagnosed that the low pressure EGR cooler valve was faulty and needed replacement and regeneration. The dealership said that they will fix this issue free of cost and they took the car and provided me with a courtesy car. They sent me pictures of the valve replaced and provided me the delivery note from the part supplier as a proof that new EGR valve was fitted. When they returned the car, the emissions lights on the dash were gone. Within 10 days after the repair the lights came back on again and I complained to the dealership, they said that the car may need another regeneration and they took the car in again and carried out regeneration and returned to me within 20-30 min. The lights came back again on the following day.

I have had enough so I requested the dealer to take the car back for full refund and they became very difficult with my request. They somehow made me agree to bring the car back to them to check (this was end of March and early April time). Before, I could take the car back to them I realised that the car coolant reservoir started leaking as well. I contacted citizens advice and used their support to issue them a letter (via email) and asked them to take the car back for a full refund. The dealership refused on the basis that we agreed to repair the car first. Further they said: the car is not new, these are wear and tear problems according to the age and mileage of the car and it was used for over 3 months and that I did not stand a chance to return it for a refund. I issued them a letter that I will give a final chance to repair and if the repair fails again then then I will use my final right to reject. The dealership replied "We are more than happy to inspect your car and complete any repairs necessary (within your warranty)."

They took the car in for the 3rd attempt of repair and did not return for nearly 2 months. I was provided with a courtesy car. I kept chasing the dealership and every time they kept changing the date of return. Once the courtesy car broke and I had to take uber home. They provided another courtesy car with a broken window on passenger side and promised to refund uber (which they never did). I had to go through a great deal of inconvenience when once they asked me to collect my car and when I was on my way they texted saying that the car was not ready and I only checked my message when I got to their garage. They were very rude to me when I complained to them. When they returned the car after the 3rd repair attempt (after 2 months), the car had the emissions lights gone. They mentioned that the radiator cooling fan was not operating and communicating and that it was replaced. The coolant was leaking because its hose was in close proximity to DPF valve and was getting overheated so they changed the coolant hose routing. I asked for paperwork as proof of what was done and they did not provide me. There was a large crack on the windscreen, for which they said they will send somebody out to repair. They set a date for repair and the person never came. Within 10 days of returning the car the emissions light came back on again and when I checked the coolant was also leaking. I immediately emailed them to reject the repair. The following week I posted them the letter before final action. In the letter, I rejected the repair and asked them to take the car back for a full refund and also return the expenses of windscreen damage, the diagnostics that I paid out of my pocket, the uber that I had to take in the absence of a car. I received a reply via email asking me to bring the car back to them at the soonest so they can see the "emissions" warning light and run a diagnostics check to clarify if it is or isn't the same fault as previously.

I have spoken to 2 x lawyers (free advice) and citizens advice. I want an advice on how to proceed further. The citizens advice has advised to start a small claim court case. One of the lawyers advised me to take the car back to the dealership as it seems like they want to investigate the complaint further. They want me to sign up to their services to resolve the issue through medation/ADR first. If that doesn't work then they can open the case in the small claim. The other lawyer asked me to take the car to the audi garage and get a full report to see if the problem that was diagnosed in the first place is still existing. Once it is done then come to him for further steps.

Could anyone please advise the best route to take? Is my case strong enough to be taken to the small claims court at this stage? Does it require mediation first?

I am quite worried about the fact that the car was used the time between the emissions light came on and when it was dropped to the dealership garage for repair. Does it make my case weak? I drove the car because the dealership advised me to do so. When the emissions lights came back on again the last time, I parked the car up and never used again. I had to go and get myself another car. I am really fed up of the lack of consideration and humanity from the dealership and need help.

Apologies for any mistakes in my notes above, please let me know if anything is unclear. My brain is quite fogged due to covid.

Many thanks,
Problem_Solver









  

pinkshoes

The car is clearly not fit for purpose.

I would get a report from Audi stating exactly what is wrong with it.

The reject it in writing under the Consumer Rights Act 2015 as not fit for purpose, pointing out their failed attempts to repair it. 

I would request a partial refund to reflect the 500 miles you have driven. Give them 14 days to respond.

STOP DRIVING IT.

How did you pay for it?

prob_solver1

Hi pinkshoes

Thanks for replying. I actually issued them a letter before final action last week. In this letter I used my final right to reject the repair and asked them to take the car back and refund the full money and if they don't agree to refund then provide detailed explanation why they don't agree otherwise the matter shall be taken to the court. To this letter they replied:  Pls bring the car back to us at the soonest so we can see the "emissions" warning light and run a diagnostics check to clarify if it is or isn't the same fault as previously.

Do I need to issue them another letter with partial refund? (the car has run 2,500 miles in total by myself). The garage also added 400-500 miles to the car when they were attempting to repair for the 3rd time.

I paid in full via bank transfer. I have now stopped driving it. It is parked up now. I was in the middle of house move and live by myself. I had no other car to rely on and no funds to get another car immediately. 

Kind Regards,
Problem_Solver

Ectophile

How long has the company you bought from been in business?  The fact that they are trading under the name of a previous failed business isn't a good sign.

Be aware that if you hand the car back to them, and they don't refund you, then you could be left with no car and no money.

prob_solver1

Hi Ectophile, thanks for responding. 

I am concerned myself as who to launch the claim against. It seems that they have dissolved the companies more than once. On the car receipt purchase, it says like this:

ABC Ltd T/A
XYZ
Address of XYZ

 

On their website, the company number matches the details of ABC Ltd, which was incorporated in Jan 2021. Is this the company that I will start a small claims against?

 

When I checked the registered address of ABC Ltd, it is in Derbyshire. The address for XYZ written on the receipt is in Unit 1 Staffordshire and that's where I collected the car from. This is the address on their website as well. XYZ is their current trading name. XYZ used to be the name of their previous Ltd company "XYZ Ltd" (incorporated in Oct 2018 & dissolved in 2020), the registered address of which was same as ABC Ltd. 

On the receipt, there is a VAT number. I checked the registered address for the VAT and that is the same address in Staffordshire but Unit 2 instead of Unit 1.

 

Summary of addresses:

ABC Ltd: Derbyshire

XYZ (Trading name): Unit 1 Staffordshire

XYZ Ltd (dissolved 2020): Derbyshire (same as ABC Ltd)

VAT number: Unit 2 Staffordshire 

I would appreciate any help in this matter. Really feel like stuck and much worried.

Best wishes

Problem_solver

Ectophile

The claim has to be against the specific company named on the paperwork you have.  The paperwork should include the company registration number.  It doesn't matter if they were using a trading name - a lot of companies do that.

It's quite common that a company's registered address is different to the place it trades from.

My worry is that you hand the car back, then launch a lawsuit against the company.  But by the time you win the case, they have wound that company up and moved on to the next one.  You end up getting nothing.

Olinda99

I would take it to another authorised dealer, get it repaired and then invoice / sue the seller for the cost.

Don't hand it back.

prob_solver1

Ectophile said:

My worry is that you hand the car back, then launch a lawsuit against the company.  But by the time you win the case, they have wound that company up and moved on to the next one.  You end up getting nothing.

Hi Ectophile,

Thank for your response. I am quite worried myself and the whole process is daunting. Can I launch lawsuit without returning the car? I won't hand the car back until I know they are returning me the money. 

Olinda99

you can start the lawsuit for the cost of someone else fixing the car properly

prob_solver1

Olinda99 said:

you can start the lawsuit for the cost of someone else fixing the car properly

Hi Olinda99, your advise sounds very reasonable. Thank you. 

I trust a garage who could do the fixes but they are not VAT registered?

Also, if the car is sold after fixes. Can I still launch a court claim for the expense of fixing it? Its that i have bought another car now and after fixing the faulty one, I would try and sell...is it a bad idea?

Olinda99

It is your car and you can do what you want with it, including selling it.