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Unfortunately I am in position where I now longer have confidence in my recently purchased second car or the ability for the garage to fix it. I have spoken to them directly and explained that I am rejecting the car on the grounds that I believe to unfit for purpose and unsafe. I have also followed this with a letter of intent including timeline below. The dealer has explained they have no intention of refunding and will see me in court. Would anybody be able to advise if my case is sound and or what additional steps I could take? Any help on this would be grateful excepted
On 03/03/2018 I purchased, and took delivery of, the above vehicle Audi A7 from you. On 05/03/2018 I discovered that it was not of satisfactory quality: Smell of burning oil in the car cabin.
Timeline:
05/03/2018 – Spoke to seller advised I have a possible oil leak, seller advised maybe this was left over from a recent service – Customer agreed to see how it goes.
12/03/2018 – Spoke to seller again customer advised smell of burning oil is present in cabin when stationary. Seller advised bringing it to garage to investigate.
14/03/2018 Customer dropped car off at 09:00am. Customer drove car with mechanic who also confirmed smell was present in cabin. Mechanic said they had carried out an inspection on the ramp including removal of engine under trays. No oil leak or other leaks identified. Mechanic advised it could be the catalytic convertor and applied DPF cleaner to the fuel tank customer advised to see how it goes.
15/03/2018 Customer called garage Spoke to sales again customer advised smell was worse, sales advised bringing the car back so they can get it on the ramp to investigate further. Earliest date agreed was 21/03/2018 09:00am
21/03/2018 customer dropped car off 09:15am and collected 11:45am. Mechanic advised they had had car up on the ramp with engine under trays removed AGAIN and couldn’t find any oil leaks or other fluid leaks. Mechanic and sales explained that a new pollen filter had been added and an air conditioning bomb was administered to clean the air con unit. Customer advised once more to see how it goes.
22/03/2018 Customer called garage and spoke with sales customer advised that journey to hospital with my son who attends regular oncology appointments in Nottingham (140-mile round trip) the smell was so bad that it made my 8 years son physically sick. It was at this point customer first suggested rejection of the car under The Consumer Rights Act 2015. This was met with hostilities on both sides but eventually customer agreed on a second opinion through an alternative garage provided by the seller. Seller advised they would talk to another specialist garage (ProTech) and would be in touch to confirm by the close of business 22/03/2018
17:30pm Customer called Seller to chase up progress on talking with second garage.
18:00pm ProTech called customer, Described the symptoms of what was happening with the car. 2nd mechanic Advised to call back following week and arrange an inspection.
26/03/2018 Customer called Protech 2nd mechanic and arranged inspection for 28/03/2018 12:00pm
28/03/2018 12:00pm Protech 2nd mechanic placed car on ramp, removed engine under trays and identified an oil leak within minutes which was also observed by customer. 2nd Mechanic advised that he hadn’t been sanctioned to do anything other than look at the car by the seller. 2nd Mechanic said it could be the oil cooler or perhaps the leak is further up in the engine bay (“starting at the oil cooler would be a good start”). 2nd Mechanic advised he would update the sellers mechanic and they should be in touch.
28/03/2018 12:15 customer called sales and advised what 2nd mechanic had found on ramp with engine under trays off. Customer explained that I find it difficult to understand how it was missed twice by the sellers mechanic when it’s obvious that the oil leak is present.
When advised what I do next, Sales explained that the sellers mechanic would call me once they had spoken to Protech 2nd mechanic at Protec.
28/03/2018 17:30pm Customer phoned sales again for an update. Sales advised to book my car back in with their garage now their (sellers) mechanic has somewhere to start looking.
29/03/2018 – Customer taking children to school, within 2 mins of leaving house, burnt oil smell so bad pulled had to pull over and exit vehicle.
29/03/2018 09:20am Customer called sales and advised I would be rejecting the car under my 30 day rights as stipulated under The Consumer Rights Act 2015. This decision is based on the grounds that car is unfit for purpose and dangerous. I explained that they have 14 days to be reimburse me the full amount which will be followed with a letter of intent. In addition, the customer has advised the seller I would no longer be using the car and have provided photographic evidence to confirm mileage as of 29/03/2018 (please see additional document).
The car is safe and secure and will remain on the customers private driveway until collected.
The seller made it clear that they were unprepared to reimburse the full cost and would see me in court.
Conclusion:
Despite two attempts to identify and fix the problem by the local garage the car was referred for a second opinion which concluded the car had an oil leak. This in my opinion would account for the burning oil smell experienced by the mechanic on 14/03/2018 and reported multiple times to sales by myself. It is worth noting that although an oil leak was identified by the Protec engineer no definitive point of exit was identified and suggested the oil cooler at the bottom of the engine would be a good starting point.
I have lost confidence in both the car and the ability for the garage to fix the problem.
The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly faulty. You are therefore in breach of contract.
I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of £18379 I look forward to receiving your cheque for this sum within 14 days.
If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money in which case you will be liable for court costs and solicitors fees.
Yours faithfully,
Steven Ades
Unfortunately I am in position where I now longer have confidence in my recently purchased second car or the ability for the garage to fix it. I have spoken to them directly and explained that I am rejecting the car on the grounds that I believe to unfit for purpose and unsafe. I have also followed this with a letter of intent including timeline below. The dealer has explained they have no intention of refunding and will see me in court. Would anybody be able to advise if my case is sound and or what additional steps I could take? Any help on this would be grateful excepted
On 03/03/2018 I purchased, and took delivery of, the above vehicle Audi A7 from you. On 05/03/2018 I discovered that it was not of satisfactory quality: Smell of burning oil in the car cabin.
Timeline:
05/03/2018 – Spoke to seller advised I have a possible oil leak, seller advised maybe this was left over from a recent service – Customer agreed to see how it goes.
12/03/2018 – Spoke to seller again customer advised smell of burning oil is present in cabin when stationary. Seller advised bringing it to garage to investigate.
14/03/2018 Customer dropped car off at 09:00am. Customer drove car with mechanic who also confirmed smell was present in cabin. Mechanic said they had carried out an inspection on the ramp including removal of engine under trays. No oil leak or other leaks identified. Mechanic advised it could be the catalytic convertor and applied DPF cleaner to the fuel tank customer advised to see how it goes.
15/03/2018 Customer called garage Spoke to sales again customer advised smell was worse, sales advised bringing the car back so they can get it on the ramp to investigate further. Earliest date agreed was 21/03/2018 09:00am
21/03/2018 customer dropped car off 09:15am and collected 11:45am. Mechanic advised they had had car up on the ramp with engine under trays removed AGAIN and couldn’t find any oil leaks or other fluid leaks. Mechanic and sales explained that a new pollen filter had been added and an air conditioning bomb was administered to clean the air con unit. Customer advised once more to see how it goes.
22/03/2018 Customer called garage and spoke with sales customer advised that journey to hospital with my son who attends regular oncology appointments in Nottingham (140-mile round trip) the smell was so bad that it made my 8 years son physically sick. It was at this point customer first suggested rejection of the car under The Consumer Rights Act 2015. This was met with hostilities on both sides but eventually customer agreed on a second opinion through an alternative garage provided by the seller. Seller advised they would talk to another specialist garage (ProTech) and would be in touch to confirm by the close of business 22/03/2018
17:30pm Customer called Seller to chase up progress on talking with second garage.
18:00pm ProTech called customer, Described the symptoms of what was happening with the car. 2nd mechanic Advised to call back following week and arrange an inspection.
26/03/2018 Customer called Protech 2nd mechanic and arranged inspection for 28/03/2018 12:00pm
28/03/2018 12:00pm Protech 2nd mechanic placed car on ramp, removed engine under trays and identified an oil leak within minutes which was also observed by customer. 2nd Mechanic advised that he hadn’t been sanctioned to do anything other than look at the car by the seller. 2nd Mechanic said it could be the oil cooler or perhaps the leak is further up in the engine bay (“starting at the oil cooler would be a good start”). 2nd Mechanic advised he would update the sellers mechanic and they should be in touch.
28/03/2018 12:15 customer called sales and advised what 2nd mechanic had found on ramp with engine under trays off. Customer explained that I find it difficult to understand how it was missed twice by the sellers mechanic when it’s obvious that the oil leak is present.
When advised what I do next, Sales explained that the sellers mechanic would call me once they had spoken to Protech 2nd mechanic at Protec.
28/03/2018 17:30pm Customer phoned sales again for an update. Sales advised to book my car back in with their garage now their (sellers) mechanic has somewhere to start looking.
29/03/2018 – Customer taking children to school, within 2 mins of leaving house, burnt oil smell so bad pulled had to pull over and exit vehicle.
29/03/2018 09:20am Customer called sales and advised I would be rejecting the car under my 30 day rights as stipulated under The Consumer Rights Act 2015. This decision is based on the grounds that car is unfit for purpose and dangerous. I explained that they have 14 days to be reimburse me the full amount which will be followed with a letter of intent. In addition, the customer has advised the seller I would no longer be using the car and have provided photographic evidence to confirm mileage as of 29/03/2018 (please see additional document).
The car is safe and secure and will remain on the customers private driveway until collected.
The seller made it clear that they were unprepared to reimburse the full cost and would see me in court.
Conclusion:
Despite two attempts to identify and fix the problem by the local garage the car was referred for a second opinion which concluded the car had an oil leak. This in my opinion would account for the burning oil smell experienced by the mechanic on 14/03/2018 and reported multiple times to sales by myself. It is worth noting that although an oil leak was identified by the Protec engineer no definitive point of exit was identified and suggested the oil cooler at the bottom of the engine would be a good starting point.
I have lost confidence in both the car and the ability for the garage to fix the problem.
The Consumer Rights Act 2015 requires dealers to supply goods of satisfactory quality. However, the vehicle is clearly faulty. You are therefore in breach of contract.
I am legally entitled to reject the vehicle and to be reimbursed for its full purchase price of £18379 I look forward to receiving your cheque for this sum within 14 days.
If you fail to reimburse me I shall have no alternative but to issue a claim against you in the county court for recovery of the money in which case you will be liable for court costs and solicitors fees.
Yours faithfully,
Steven Ades
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