Faulty vehicle - bought as new but 2.5 years old

generationgavin

Mildly_Miffed said:

How much longer on your PCP? Next June?

There's absolutely zero promise of having any equity in it at that point, anyway.

Such is the issue with getting on the PCP treadmill - it looks attractive, low monthlies and a little gamble on whether the balloon will be too low, giving you back some of what you overpaid during the term. But amortise the up-front across the term...

Have VW given you a loan vehicle while it's in?

It was an 48 month PCP, so that takes me to June 2027, the balloon payment is looking to be about right for the vehicle, so I've been putting money aside each month to reach that balloon payment - if I return it now then I don't have that money and a new car would be a struggle.

I am in a courtesy car, but have been told they won't keep me in it indefinitely. 

shera12

That sounds incredibly stressful, especially with how often the car has failed. Given the safety risks and the long list of attempted fixes, it makes sense that you don’t trust the vehicle anymore. Going through the Ombudsman seems like the right step if the dealership and finance company aren’t helping. I’m not a legal expert, but I’d be cautious about agreeing to more repairs if you feel it could weaken your case or isn’t safe to drive. Really hope you get a proper resolution soon.

Nobbie1967

generationgavin said:

If I get it repaired and the dealership cannot guarantee the fix then the vehicle will essentially not be insured, I would suggest this makes it not fit for purpose.

The only time the insurance will be possibly be invalid is if you know of a fault and don’t get it repaired, say like a bald tyre. If you take it to the dealer and they attempt a repair and return it to you then it will be fully insured. Garages can never guarantee a fix will stop the car going faulty in the future.

You have my sympathy. This is a crappy situation to be in, but I think escalating with VW is the best course of action.

photome

Could you drive it and when it breaks down get recovery to take it to dealer A

generationgavin

photome said:

Could you drive it and when it breaks down get recovery to take it to dealer A

VW Recovery will only take it to the nearest dealership. However I did realise I had another breakdown with my bank (RAC) and it sounds like they would recover it anywhere. It would be against their terms but it could be a possibility.

As it stands it's in VWFS hands and they seem to be taking it seriously. I must have read 100 Financial Ombudsman published cases, and I'm 98% sure of success now, it just might take a year.

generationgavin

An interesting update on this for anybody who is interested. I've just been informed that the selling retailer has gone into Administration as of this morning.
I feel lucky that I bought the vehicle on finance as this now makes the finance company 100% liable for the car and the refund and they can't try to bounce it back to the original seller.
I do have to wonder if I hadn't bought it on finance if VW would have considered themselves liable or if I'd have been 100% stuffed - luckily that isn't the case.

CvPiper

Which retailer is that?

Vitor

You’re right. With the dealer in administration, s.75 means the finance company is fully on the hook. They can’t deflect liability back to the seller. Had this been a cash purchase, you’d likely be an unsecured creditor with very limited prospects of recovery.

QrizB

CvPiper said:

Which retailer is that?

Maybe this one:
https://cardealermagazine.co.uk/family-run-vw-dealer-collapses-into-administration-as-staff-are-made-redundant-in-build-up-to-christmas/320719

Mildly_Miffed

Well, hold on... The OP hasn't "bought" anything. They have a car on PCP. They got it new, from a VW dealer, so that PCP will be with VWFS.

So s75 rights have always been against VWFS - the entirety of the contract has been with them since it was originally taken out. The dealer merely facilitated the contract between VWFS and the OP.

That doesn't mean that there is any s75 restitution, though. Let's just remind ourselves of the timeline...
June 2023  - car obtained from VWFS dealer A. That's the last dealings with the now-defunct dealer A.
Everything since then has been dealer B, who are still extant.
March 2024 - minor issue, quickly resolved
May 2025-August 2025 - minor issue, resolved by 12v battery replacement
The current issue started last month. There's no real grounds to argue it would have been inherent at supply.