used car brake issues. where do i stand?

cypher007

we bought a VW ID3 back in April this year, at the time of the test drive i reported it had some noise coming from the front drivers side wheel, was told it was regen braking. this was whilst cruising. anyway bought it told it had 6 months warranty with the dealer (KIA). picked the car up still noise from wheel and rear wiper not working and SOS light lit. spoke to them and was told they would have it back to fix stuff, i mentioned the noise.

got car back Rear wiper fixed, fuse missing, SOS light turns out VW known issue and had to wait for parts as VW would have to do it. waited about 6 weeks chased and VW had parts so car goes back in to KIA who take it to VW, i mention brakes as it turns out the noise is a rusty disc and its catching as i had a motor vehicle tutor check it where i work, also one rear drum is dragging slightly and getting warm to the touch. get car back and told VW said brakes are fine its normal as an EV.

we then were away for about a month. on return still has noise and even braking hard to clean the issue doesnt fix it, still griding noise when braking and roaring noise when cruising. after logging a complaint on there main site, receive call and told to take it to VW dealer for inspection, VW is about 15 miles from us, said can i take it to a VW/Audi independent, told yes. Indy comes back after doing an inspection, that at the moment ive paid for, told front discs are glazed causing longer travel and one is scraping in 2 places, also rear drums need stripping and air gap resetting.

relayed this to KIA and told, ok but the car doesnt have a warranty, i said not one with VW but it has one with you for 6 months. told yes we will have to see if we can help you out (which sounds like we want to only part pay for the repairs). so ive sent invoice for inspection £78 and quote for repairs £688. im concerned as the 6 months runs out at the beginning of October and theyve been quite keen not to reply to things in writing or email. i paid in part with a credit card, but its like theyre trying to run down the clock (consumer rights act 6 months after sale).

should i give them a week to decide if they are going to fix it? i need to contact the credit card company before the 6 month mark as im guessing after that i wont be able to claim?

Mildly_Miffed

Because EVs don't use the normal friction brakes anywhere near as often as IC cars, since regen does a lot of the braking, then - yes - they are prone to exactly this kind of issue. Pads glazing, scale build-up on disc edges, etc.

It is indeed perfectly normal, and it's something that just needs addressing occasionally - either at a service, or by periodically driving a bit harder than normal, in a lower-regen mode, so that the friction brakes get used more.

Woodstok2000

I think you are confusing 2 remedies. Under the CRA, you have the right to reject the goods if they do not conform (SADFART). Within 6 months, any faults arising are presumed to have been there at sale, after 6 months you have to prove it was an inherent fault. Since you have the engineer report and have reported the fault, that clock is essentially stopped so your argument now is about about whether this is truly a fault (in which case the dealer gets one chance to fix it, then you can demand a refund) or if it's wear and tear (in which case it is down to you).

The credit card protection (section 75) has a much longer time limit, but you can only invoke that once you've exhausted all your avenues of complaint with the retailer.

daveyjp

Does the dealer sell on the back of a fictional 1001 multipoint inspection? If so the brakes should have been checked and changed, rather than just a confirmation they were fitted (!) which is what most of these inspections are.

Also how old is the car? If over 3 any mention of brake issues on previous MOTs?

Keep_pedalling

Disk breaks sound like normal where and tear for an EV (although I did not have an issue in the 4 years I owned an ID 3).

I am surprised the drums have an issue as the ones fitted by VW group on their EVs are very reliable and almost maintenance free unless the car has done very high mileage.

born_again

how about some details on car such as age & mileage?

Kia only own one dealer in "Bolton", any others are franchises.

cypher007

https://forums.moneysavingexpert.com/discussion/comment/82138937#Comment_82138937

apparently they are inspected. its 21 plate with about 41k on it, its now got 42.5k. they MOT'd it just before sale no mention of it. but i had an MOT done on my A5 when i bought it, nothing listed yet 3k later 2 advisories. think some places have a "special" MOT station they use.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82138918#Comment_82138918

It's not true that "you can only invoke that [s75] once you've exhausted all your avenues of complaint with the retailer" - s75 grants the cardholder the same rights against the creditor as against the supplier so it can be invoked at any time, as they're jointly and severally liable.

It'll often be sensible to try to resolve matters with the supplier first but it's not essential…

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82139936#Comment_82139936

Yeah, thats a good clarification. Every s75 I've submitted (which isn't many) has started with the creditors asking me to resolve it directly with the supplier, but you can start the claim at any point.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82140021#Comment_82140021

Yes, it's sadly not unheard of for creditors to try to place imaginary obstacles in front of s75 claimants, so worth knowing your legal rights!

cypher007

well a wall of silence today. this is how its pretty much been since we purchased the car. they still havent replied via email or in writing to my complaint i sent in via there complaints procedure on the website. i dont like things being verbal when were this far along the road with a fault.

where do i stand technically with this? as it passed an MOT as part of the sale process im wondering if they can try and fob me off saying the car was sold in a safe condition? can i still argue they need to fix these faults?