VW emissions return

[samwardill]

I had a brand new VW sharan delivered in June. It is affected by the VW emissions issue. Can I return it to the dealer for a full refund? I genuinely would never have bought it had I known that the emissions were not what was claimed. I live in London and there is bound to be a crack down on diesel cars soon (this was apparent even before the VW emissions scandal). I almost brought a petrol sharan and now wish I had (however I doubt I'd by a VW now).

[judgemental24]

Re: VW emissions return

To be honest i would say no

This as i understand it is a computer program in the vehicles ECU and can be updated by these diagnostic plug in devices. The modification that was made was software, not hardware

I must say if you purchassed the vehicle because of the low emissions, and those emission are false you might have a case if after the computer program was removed the emmissions were substantially higher, but i very much doubt that.

All that will happen is that VW will ask you to go to your VW dealer and have the software removed.

Only vehicles with the 1.6-litre version of the EA189 diesel engine will need a hardware upgrade/injectors

I am no petrol head and this is just my own opinion on the matter

[Dazbrad]

Re: VW emissions return

Considering this was public knowledge before the 1st Oct 2015, I will assume your car was purchased before then. In which case...

The 'Sale of Goods Act 1979' (SGA), states that all goods should be "as described". If as you mention, the low emissions are what influenced your purchase decision, then this will certainly help and strengthen your case.

Where goods are not 'as described', the remedies available could be a refund where the burden of proof will be on you to prove that the goods are not as described.

You may also ask for a repair or a replacement, inwhich case the buden of proof will be on the trader for the first 6 months to prove that the car is infact, as described. After 6 months the burden of proof will be on you to prove that the car is not as described.

Write 3 letters, 1 Of which you want to title "Letter Before Action", these are to be sent to the trader, &/or the finance company if there is finance involved by recorded delivery, seperated by a deadline of between 7-28 days. You want to take a copy of each of these letters as evidence of what was said. The letter should be something like below:

a) who you are
b) what you have bought and when
c) include legislation , and that the goods are not as described
d) explain that the goods are not as described as a result of the emissions results
e) what remedy you are seeking
f) Ask the trader in writing whether they are a member of an ADR scheme - more on this in a moment
g) set a deadline for the trader to respond in
h) send by recorded delivery

An ADR scheme is an 'Alternative Dispute Resolution' scheme. It is a form of mediation where an independent 3rd party acts as judge and has the power to make legally binding decisions. An ADR scheme is certainly much cheaper than going to court, if not free.

If the trader is unwilling to help you, and they are a member of an ADR scheme. Get their contact information and take your case to the ADR scheme.

If the trader is not a member of an ADR scheme and they are unwilling to help you, you can either pop into your local court house and pick up an 'N1' form and apply to court that way. You can instead apply online using the www.moneyclaim.gov.uk website.

Hope that helps and let us know how you get on.

[des8]

Re: VW emissions return

"Where goods are not 'as described', the remedies available could be a refund where the burden of proof will be on you to prove that the goods are not as described."
Could you please give chapter and verse for this statement as my understanding is somewhat different?

Sale of Goods Act 1979
Quote: "goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date."

Burden of proof is on the vendor to prove otherwise.

This is from House of Commons "Consumer rights to return faulty goodsStandard Note: SN/HA/2239"
"Where faulty goods are returned within the first six months of purchase, the consumerhas the benefit of a presumption that the goods were faulty when delivered (i.e. the2Section 2 , Sale and Supply of Goods Act 19943Sale and Supply of Goods to Consumers Regulations 20024consumer will be entitled to a remedy). If the retailer does not agree, it is for him toprove that the goods were satisfactory at the time of sale".

[Dazbrad]

Re: VW emissions return

If you take a blue car to a trader and state that it is not the red colour that it was discribed as. The consumer, by taking the car to the trader is proving their point. Can you imagine a trader that would dispute this?

Of course, in the plainest english possible... If a consumer in court can prove the fact that something isnt as described. Then the attention is on the defendent to prove otherwise.

Proof as I describe is simply the case of being able to show that something doesnt conform to the contract.

If a consumer can show that blue is not red then they have already proved that the claim is valid, the defendant defends the fact - Burden of Proof on the trader. I didnt see this important to write if the consumer can show this difference - that is the basis of their claim.