Audi A4 Automatic - Gearbox Malfunction

[LittleElf]

I would be extremely grateful if someone could help me with this issue.* *I have bought a 59 plate Audi A4 diesel car it was £4,300.00.* The car is an automatic.*


I have had the car for 27 weeks it has been back for repairs twice.* *The car had multiple chips in the windscreen in the drivers view, the back passenger door did not lock with the central locking and the car was juddering when setting off.*
*
I was told that the juddering was caused by oil in the gearbox which has now been changed.* *I got 3 months warranty with the car.* *

Now the car has a major gearbox malfunction and will not drive.* *

I sought the advice from the citizens advice line who reported it to Trading Standards as because I mentioned the Consumer Rights Act, the garage said "I wished you hadn't have said that".*

On the advice of the citizens advice I firstly sent the following email:-


Further to my second visit to the garage today to try and rectify this problem and after having a discussion with Kam I have been asked to send yet a further email in relation to the above vehicle.*
I am writing to you regarding the Audi A4, registration FV59 FVH (2009) which I bought from you on the 25th July 2019 at the price of £4,300.00.
The vehicle has already been in twice for faults since I purchased the same which means this is either one of of the following:*

• the repairs which you carried out hasn't solved the problem, or
  *
• another problem has developed on the vehicle

The vehicle is now displaying a major gearbox malfunction, will not drive properly, the car will not set off without juddering, smells very strongly of burning, is making a lot of noise and will not change gear correctly.* *It is not safe to be driven.*
The Consumer Rights Act 2015 makes it an implied term of the contract I have with North West Autos Limited that goods be described, fit for purpose and of satisfactory quality.*
As you are in breach of contract and I have owned the vehicle* for less than 6 years, I am within my statutory rights to ask for a replacement/repair at no further cost to me.*
If you are not willing to rectify the above, then please let me know if you are a member of the Motor Ombudsman or an Alternative Dispute Resolution scheme.*
This has caused unnecessary emotional distress and a significant inconvenience by the fact that I now have to vehicle to commute to work or to take our children to school.
I look forward to hearing from you within the next 7 days.**

Following this email I then received a telephone call from the After Car Sales Team stating the car was not in warranty and any repairs would be at the cost of myself.*

I then replied with a further email:*


Further to my visit to your premises on the 2nd February 2020 and a further visit to your premises*on the 3rd February 2020 and my email dated the 3rd February 2020, *which I have not yet received a response and my subsequent telephone call with the After Car Sales team today, *please take this email as a Letter before Court Action.*
During our telephone call today, you stated that the vehicle needs to be outsourced in order to get an accurate diagnosis regarding the fault with the vehicle. *You stated that you had performed a diagnostic on the vehicle and that it was in fact showing a gearbox fault, which collaborates with the dashboard displaying the gearbox malfunction. *You stated that the vehicle needed to be outsourced to a company in Preston as you did not specialise in the same. *

I then asked regarding the repairs that had already been carried out, as the vehicle had been returned to yourselves twice for repairs after purchasing the same. *You told me of a fault regarding an engine injector that the vehicle had previously, of which we knew absolutely nothing about, as we was only told the oil in the gearbox had been changed and the fault had been rectified. *We had previously asked for the paperwork for the repairs carried out but we have never received the same.

At this point in the telephone call I then proceeded to ask if you would be paying for the cost of the vehicle being outsourced and a diagnostic test being done, you stated you would not and I would be liable for the cost of the diagnostic test but that you would try and get it for me at Trade price.

I then proceeded to ask after the diagnostic test has been performed and it was determined what the fault was, would you then be carrying out the repairs to the vehicle, and again you stated you would not, I would be liable for the cost of the repairs needed to the vehicle as the car is not in warranty.

I spoke to you regarding the Consumer Rights Act and that we had only purchased the car 27 weeks ago and you responded by saying the car is not in warranty, this was said on two occasions. * You then asked me "is this now a legal matter."

I asked you to clarify, on more than a few occasions, on the telephone call if *this your final resolution to this problem, that you would not be carrying out the diagnostic test or that you would not carry out any repairs to the vehicle and you stated this was your final resolution. *Although this was stated verbally, please could you now confirm this in writing.

I have not received a written reply to my email dated 3rd February 2020 only a telephone call, regarding the faulty goods which I bought from you on 25th July 2019. * This email explained what is wrong with the goods and why I am entitled to a refund.

I am once again requesting a full refund of the purchase price of £4,300.00 or that the full repairs that are required carried out to the vehicle on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015.

I am requesting a reply as soon as possible so that I know you have received this email. If you don't agree to the refund or to carry out the repairs to the vehicle I am requesting that you send me a detailed response saying why you do not agree.

Once again, I am putting forward, to avoid taking court action, that I am willing to use an Alternative Dispute Resolution to resolve this problem. *I have previously asked, *in writing, *if you are a member of the Motor Ombudsman or an Alternative Dispute Resolution scheme, to date I have not had an answer to this question.

If I do not receive a satisfactory response from you within 7 days of the date of this letter, I intend to issue proceedings against you in the County Court without further notice. This may increase your liability for costs. *I will also be looking to pursue you for consequential loss as I am currently without a vehicle, and any subsequent additional costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

[des8]

As you have written to the dealer requesting a repair there is nothing more to be done until you receive their reply.
If they reply agreeing to the repairs note that at their cost they have to collect and deliver back the vehicle at their cost
If they reply refusing you can initiate court proceedings
If they don't reply you can initiate court proceedings

You have had the car for 27 weeks (just over a six month period)
For the purpose of CRA 2015 the time the vehicle has spent in a garage being repaired the clock stops ticking.
So if the car has been in the repairers for a period totalling more than a week during that time* it is deemed that the fault was present when the vehicle was delivered to you.
When calculating the refund the dealer can make a deduction for usage (the amount is negotiable).
You are entitled to claim damages ie the extra expenses directly caused to you because of the unsatisfactory vehicle*

[LittleElf]

I received a response.....this is it.*
*

Further to my visit to your premises on the 2nd February 2020 and a further visit to your premises*on the 3rd February 2020 and my email dated the 3rd February 2020, *which I have not yet received a response and my subsequent telephone call with the After Car Sales team today, *please take this email as a Letter before Court Action.**

This is not true as you state in the paragraph below "*During*our telephone call today**" and you have confirmed that we have contacted you*and had a phone conversation.*

During*our telephone call today,*you stated that the vehicle needs to be outsourced in order to get an accurate diagnosis regarding the fault with the vehicle.* You stated that you had performed a diagnostic on the vehicle and that it was in fact showing a gearbox fault, which collaborates with the dashboard displaying the gearbox malfunction.* You stated that the vehicle needed to be outsourced to a company in Preston as you did not specialise in the same.*

I stated that* The Vehicle showed a Gearbox issue and would require a specialist to diagnose the problem - Our in house workshop would not be able to carryout this job.***

I then asked regarding the repairs that had already been carried out, as the vehicle had been returned to yourselves twice for repairs after purchasing the same.

The first issue was a door lock* which was a minor repair. The second visit was to rectify the Injector which was causing the judder. From that point you had no more issues at all till now which was 2nd February 2020.**

*You told me of a fault regarding an engine injector that the vehicle had previously, of which we knew absolutely nothing about, as we was only told the oil in the gearbox had been changed and the fault had been rectified.* We had previously asked for the paperwork for the repairs carried out but we have never received the same.*

*The problem here is that there was a process of elimination which the workshop went through. It needs to be added that this was at no cost to you. The Gearbox oil was replaced as part of that process. The fault was with one injector. This was rectified and you had no more problems. The repair was carried out and completed satisfactorily.* All partnered garages we outsource to send paperwork which is filed and billed to North West Automobiles Ltd*as we are the ones who pay them to carry out the work.* If you would like a breakdown we can provide you with one.

At this point in the telephone call I then proceeded to ask if you would be paying for the cost of the vehicle being outsourced and a diagnostic test being done, you stated you would not and I would be liable for the cost of the diagnostic test but that you would try and get it for me at Trade price.*

I explained that you were out of the 6 month warranty period. You could have extended your warranty.* As a goodwill gesture i offered to assist you.*

I then proceeded to ask after the diagnostic test has been performed and it was determined what the fault was, would you then be carrying out the repairs to the vehicle, and again you stated you would not, I would be liable for the cost of the repairs needed to the vehicle as the car is not in warranty.*

As explained previously you were out of the 6 month warranty and that this new fault would not be covered.*

I spoke to you regarding the Consumer Rights Act and that we had only purchased the car 27 weeks ago and you responded by saying the car is not in warranty, this was said on two occasions. * You then asked me "is this now a legal matter."

My response was a question "Is this a legal matter?" after you had suggested you were going down a legal route.
*

I asked you to clarify, on more than a few occasions, on the telephone call if *this your final resolution to this problem, that you would not be carrying out the diagnostic test or that you would not carry out any repairs to the vehicle and you stated this was your final resolution.* Although this was stated verbally, please could you now confirm this in writing.

I can confirm that we offered to assist you and explained that your warranty period was over. If we were to carry out any work there would be a cost involved. We never refused to help in any way.* We only pointed out that the work would not be free of charge.**

I have not received a written reply to my email dated 3rd February 2020 only a telephone call, regarding the faulty goods which I bought from you on 25th July 2019. * This email explained what is wrong with the goods and why I am entitled to a refund.

At point of sale the car was fit for purpose and for the last 6 months you have been driving the vehicle. Any problems were repaired upon request. Since the last repair you added a further 3,000+ miles without issue. Your new fault was outside the 6 months period.

I am once again requesting a full refund of the purchase price of £4,300.00 or that the full repairs that are required carried out to the vehicle on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015.

Any faults within the 6 month liability period were repaired under your request and those faults are no longer an issue. On our last diagnostic your car was no longer showing the problem with the injector which we repaired. The lock we repaired also shows no fault.* Under the Consumer Rights Act 2015 we have upheld our obligations.**

I am requesting a reply as soon as possible so that I know you have received this email. If you don't agree to the refund or to carry out the repairs to the vehicle I am requesting that you send me a detailed response saying why you do not agree.

We reject your request for a refund based on our actions. We repaired the vehicle

Once again, I am putting forward, to avoid taking court action, that I am willing to use an Alternative Dispute Resolution to resolve this problem.* I have previously asked, *in writing, *if you are a member of the Motor Ombudsman or an Alternative Dispute Resolution scheme, to date I have not had an answer to this question.*

Your email subject is "Letter before court" . Are you sending this without prejudice to court. My response are such.* *

If I do not receive a satisfactory response from you within 7 days of the date of this letter, I intend to issue proceedings against you in the County Court without further notice. This may increase your liability for costs.* I will also be looking to pursue you for consequential loss as I am currently without a vehicle, and any subsequent additional costs.*

*We would like you to take a look at our terms and conditions listed on our website.*

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I hereby give notice that any cost now incurred due to unreasonable actions will be sort after for reimbursement should we need to defend our self in court.**This will include legal fee's etc.

I look forward to your acknowledgement.

*

[des8]

So how long was the car off the road with the dealer or his appointed partner garages?

[LittleElf]

Probably a day or two each time.*

We have just had a quote for the repair of the gearbox and its £3,000.00
Surely they cannot get away with this.**

[des8]

So how many times was it with the dealer for repair?

I'm trying to work out if you rejected within the first six months.
This time does not include the time spent with dealer or his partner garages so you need to work out the total time it spent with them.

*

[LittleElf]

Probably about 4 days in total. *I bought it on the 25th July 2019

[des8]

Probably about 4 days in total. Can you not be more exact? Probably and about ain't much use in nailing this down! I bought it on the 25th July 2019

On what date did you first raise the latest problem with the dealer?
Do you have any evidence (third party report perhaps) that the current gearbox trouble is related to previous problems that were supposedly corrected?

In post 1 you said "I have been asked to send yet a further email in relation to the above vehicle."
So when (exact date) did you send the first email and what did it say?

[LittleElf]

I am awaiting the paperwork with regards to the two times the car was booked in. I cannot remember the exact dates. I have asked for the paperwork a number of times and have not been provided with this.*

I am paying for a third party engineer report because apparently the onus is on me because its just out of 6 months that this has been an issue before and has not been rectified. *This was my first email..........*To whom it may concern.*

We purchased a Audi A4 on the 17th July 2019. We have the car just 6 months and it has already had to be returned twice due to faults.*

One of the faults was when driving the car, it kept ‘juddering’. **I actually went out on a test drive with one of the employees from Northwest Autos and showed him the problem, they took the car in and stated this had been fixed. *This vehicle is not fit for purpose and is now not drivable. .*

Unfortunately, the fault hasn’t been rectified and it is now occurring worse than before. We brought the vehicle back today and was told there is nothing they can do and to put the information in an email.*

I look forward to hearing from you as soon as possible to rectify this.

[MIKE770]

as far as replacing said gear box (if needed) do as I did = go on line and investigate Motor vehicle breakers yards and some sites will try and trace a replacement for your model once you give full details of car type? I did = I got a 2nd hand from a breakers yard for £250 and just paid £30 for delivery to a garage of my choice, then fitting cost approx. £200+, better than over priced £3000 item to do the same job,*

court cost could end up if loser of lot more than what I paid out. if 6 months etc out of time a long process to court and chances of winning is long in the future , just a thought by the way I was told Gearbox problem ( it was not but the person who stated that never turned up a workshop again) I did not waste monies on fruitless court cost etc and got replacement as stated above.

[LittleElf]

Ive had a quote for £3,000 and i cannot afford it. We cannot find a re-conditioned one and it would need to be coded in. I dont know what to do here. The company are lying saying they changed a faulty engine injector and the garage i have took it to have told me they havent all four are rusty.*

[des8]

You are saying it is just outside the six month time limit.
I am trying to ascertain if it was still within the six month time limit due to the time it spent with the dealer.
If that is the case it is assumed the fault was present at time of sale.

Similarly if the fault that wad "corrected" has resurfaced there is an argument the repair was itself unsatisfactory, and so rewinds the clock.

[des8]

as far as replacing said gear box (if needed) do as I did = go on line and investigate Motor vehicle breakers yards and some sites will try and trace a replacement for your model once you give full details of car type? I did = I got a 2nd hand from a breakers yard for £250 and just paid £30 for delivery to a garage of my choice, then fitting cost approx. £200+, better than over priced £3000 item to do the same job,

court cost could end up if loser of lot more than what I paid out. if 6 months etc out of time a long process to court and chances of winning is long in the future , just a thought by the way I was told Gearbox problem ( it was not but the person who stated that never turned up a workshop again) I did not waste monies on fruitless court cost etc and got replacement as stated above.

deleted response to wrong post. Des

[des8]

Ive had a quote for £3,000 and i cannot afford it. We cannot find a re-conditioned one and it would need to be coded in. I dont know what to do here. The company are lying saying they changed a faulty engine injector and the garage i have took it to have told me they havent all four are rusty.

Get that report about injectors in writing

[LittleElf]

Do you mean get the report from the dealer I bought the car from who said they repaired the injector? If thats what you mean I have kept asking and asking for the paperwork but no-one will give it to me.*