Having MAJOR issues with Audi

[beaconsman]

Re: Having MAJOR issues with Audi

How would one prove existing faults at the time the item was purchased? The garage/owner of a used car could surely turn around and say, "no idea, was working before"...

[jideare]

Re: Having MAJOR issues with Audi

Honestly don't feel like Dealership of Finance company wants to mediate. they're OUTRIGHT passing off the responsibility.

I spoke to the Ombudsman and a case got open but it seems as though unless I can prove this started prior to the 6 months point, I'm not in a good position. I'm going to clutch at my warranty which is at 60,000mi /3 years hoping I can seek an exchange. Right now, I'm desperately trying anything as my hire vehicle runs out next weekend and I'll struggle to get around and work without being mobile.

[des8]

Re: Having MAJOR issues with Audi

You could argue the vehicle is not of satisfactory quality because a new vehicle should last longer than 20 months.

As a temporary measure could you not purchase a "banger"? Something with an MOT but no pretensions!

[R0b]

Re: Having MAJOR issues with Audi

The 6 month rule (i.e. if an item is unsatisfactory etc, it is deemed that any faults were in existence at the time the item was purchased CRA 2015 19 (14)) applies to all items, new or used.

Court action is the final step..try negotiation/mediation /ADR first. Court is always stressful and a bit of a lottery!

Below are the paragraphs you are referring to.

154 The factual background can be derived from Mr Lagden's and Mrs Clark's claims. He took his damaged car to Essex Coachworks for repair. He signed up with Helphire. An engineer was sent to inspect the car and he agreed with the garage a provisional figure for repairs of £1,020 including VAT. The charges for the engineer were invoiced at £70.50 inclusive of VAT. Mrs Clark suffered minor damage to a nearside panel. Repairs of £560 were authorised by Helphire's engineer. He charged £35 plus VAT, but her claim was based upon a second invoice of £60 plus VAT.

155 The judge concluded that the cost of the engineer was not a recoverable head of damage as it was one of the additional benefits of the Helphire scheme. It enabled the claimant to avoid the trouble of getting competitive tenders. That conclusion was strictly obiter as the claims to recover engineers' fees were abandoned in these test cases.

156 We do not believe that a claimant is under a duty to get competitive tenders. He can recover the cost of the repair unless it be shown that he has not taken reasonable steps to mitigate his loss. Of course a number of quotations or one engineer's report can be good evidence to rebut an allegation of a failure to mitigate and may be useful in settlement negotiations; but the costs are not part of the loss. The fact that insurers use engineers to report on damaged cars and agree the costs of repair is irrelevant to the assessment of the amount of loss. Helphire use an engineer to negotiate the repair charges with the repairer with no doubt the view that the engineer's report will lead to a quick and satisfactory settlement of the claim and protect Helphire. As such they would not be recoverable. The judge was right.

I've only skimmed the case but as I understand it, this was a RTA / credit hire case and it seems Helphire use independent engineers to effectively help to negotiate the cost of the repair to the damaged vehicle. The use of the engineer was more for Helphire's benefit and not the claimant, hence it was not a loss and could not be recovered. I would like to think this decision is probably confined to credit hire industry rather than across the board. Instructing an independent report to prove the roadworthiness of the car in my opinion is a loss directly incurred resulting from the breach of contract - it would have been reasonably foreseeable that if Audi refused to accept the OP's position, then the OP would have to obtain an independent report to prove their claim.

[jideare]

Re: Having MAJOR issues with Audi

Thanks Des8. I'm weighing up my options. I'd snatch peoples hands off for a banger if I can guarantee it'll start in the morning. I've been late 11 times in the last 2 months and missed 2 meetings because I get to my Audi in the morning and the bogger won't start.

So, yeah, I can get a banger. but I still need to pay my direct debit and the quicker I can get them to cut the contractual ties, the better

[des8]

Re: Having MAJOR issues with Audi

Thanks [MENTION=71570]R0b[/MENTION], and on reading the attachment I would say that the barrister in our case was hoping nobody had read those paragraphs, as almost certainly misapplying them.
Didn't have to argue that point anyway..

[jideare]

Re: Having MAJOR issues with Audi

Since my car's gone into Limp mode 3 weeks ago @ 5:45am, I'm really scared I'd be in an accident if I drive it again. I obviously do a lot of motorway miles i.e. 45000+ in 20 months. so I feel Limp mode + busier traffic = me being smashed into by a HGV or something and worse if I have my 3yo son along for a ride. Police could prosecute me for having the car on the road after they had to speak to me last time for being sat in the vehicle on a Live lane.[ I sat in it as Hand brakes didn't work] and insurance will clutch to any reason to not pay out such as you drove that car knowing it wasn't roadworthy. (as I've been advised)

MESSY MESSY SITUATION...All from a Brand New car. I would have thought irrespective of the time the faults occurred, certain things clearly aren't Wear & Tear.

[des8]

Re: Having MAJOR issues with Audi

The law is that goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory taking account of any description of the goods, the price (if relevant) and all other relevant circumstances.

Quality includes durability.

Bear in mind that even if you won a court claim, any reimbursement would involve a deduction for usage, which might be substantial viewing the high mileage.

I would certainly try as per your post 17

[jideare]

Re: Having MAJOR issues with Audi

Got a call from the Manufacturer today to tell me that my warranty's the same as it is for all New Cars. 60,000mi or 3 years. whichever comes first.
I notified him that I'm only at 45k miles and it's still less than 2 years and his response was " you're in warranty and that covers you for unlimited repairs and since the dealership can't find any faults, you can just go pick your car up." I told him I'd been advised by the Police and the insurance company that driving the car with the full knowledge of those faults on it will be breaking the law as I'd be endangering other road users and he stated that if he were me, he's drive it. He also stated that it's the dealership's decision.

I have in writing an email detailing me asking a manager at the dealer if he was in my shoes, will he collect and drive the car? He said No.


Financially I've lost Thousands. Last month I spent over 6 hours stranded at the Dealership and was unable to get to my son's birthday as there was no courtesy cars available. The car's left me stranded on a live lane on the motorway for hours. I've been late to work 1 too many times. Last week, I paid over £300 in taxis on top of my direct debit as my car was in the dealership and no replacement was provided this weekend I spent over 30hrs away from home due to no car either... Just waiting...... Surely I'm not expected to accept being in a cycle of the car breaking and me giving them chance after chance to fix it.

I'm looking into an independent assessment into whether the faults appear to be inherent which will be difficult as I don't have the vehicle and don't want to take possession of it. All I have are photos and videos from the incidents and the dashboard display. I'm hoping someone somewhere will provide me a statement saying in their expert opinion, the faults displayed are to that of the inner workings of the vehicle and not driver error or wear and tear.

[beaconsman]

Re: Having MAJOR issues with Audi

My wife uses our new car, I bought a "banger", for £750, payout for my written off motorcycle, but its far from a banger, cracking 2000 BMW 320d, fsh from new up to May 2017, 120K on clock, and yes, the rear arches are rust free! Bought it for winter as no way was i commuting on a 200bhp motorcycle with cold tyres, crappy road conditions etc..there is a BMW 328 near me up for grabs at a grand...they are about, just have to find them..I supplied parts and the garage I used to work at, done me the service at cost...a tenner!... (as i never trust what a seller says about any car, it was serviced by her dad a few months ago..was it hell! the air filter was in a horrid state).

I would not drive any car that wouldn't pass an MOT on the day...if the faults are still its yours, I would ask the dealership to put their money mouth is and state it is in a roadworthy condition and drivable, if they refuse, ask them why?

As for the warranty, take them up on it. I would say fix it or have it back and re imburse me. Off to test the Focus RS and F pace in next few weeks..

[jideare]

Re: Having MAJOR issues with Audi

Working on it but I honestly cant find anything less than 2.5k. Intending on spending the weekend in search of a vehicle that won't break the bank seeing as I still have to keep paying for the Finance.

Can't imagine the cost of that car can ever be recuperated after all the kafuffle dies down.


For what it's worth, many thanks to everyone who's given sound advise and helped.

[nochance]

Re: Having MAJOR issues with Audi

What is the cost of car

[jideare]

Re: Having MAJOR issues with Audi

What is the cost of car

38k. Do you think that'll play any part in the proceedings?

[des8]

Re: Having MAJOR issues with Audi

IMO an almost new car @£38000 should last longer than 18 months so you have a valid claim that the vehicle is unsatisfactory , based on lack of durability.

However you seem to have a problem in that the dealership claim they cannot find any faults.
Try obtaining second opinion from other garage?

[Amethyst]

Re: Having MAJOR issues with Audi

Daft question, sorry, what's 'Limp' mode?