VW Wont pay for engine repair under warranty

[Spinster]

Hi CAGers...

 

Please could you advise me where to take the following issue.

 

I purchased a second hand VW Polo in Sept 2012 it came with a Warranty andin July / August 2013 we sent it in due to it loosing excessive amounts ofwater from the coolant reservoir.

 

They couldn’t find where it was coming from, so they asked if they couldkeep the vehicle for a week to run more tests.

 

They still couldn’t find what was wrong and returned the vehicle and askedus to run it and call them when the water drops below the minimum level, sothat they can see how fast the water is leaking.

 

about 3 weeks and the water had dropped below the min level, so took it backand they done more tests. They called us and said that its probably a filterproblem and it has been changed.

 

Since then the car has been back and forth to the dealer as the filter fixednothing and the water is still being lost.

 

However, it is now out of warranty and what do you know, they have found theproblem.... Its the cylinder head... We just need to fit a new one for £2,800

 

Unfortunately this cant be done under warranty as it has now expired?????

 

As we took the vehicle to them whilst under warranty, do we still have topay????

 

Your help would be much appreciated.

 

Regards,

 

SPINSTER

[CarComplaints]

Hi, when you talk of a warranty did you mean an extended warranty or manufacturers warranty

 

You mentioned a filter, do you have anymore details on this filter??

Sorry but I have never come across a filter that will cause water loss, someone may be able to enlighten me

[scaniaman]

Normally with warranty, if problem notified within time but not resolved, then they should repair within reasonable time of expiry. This applies to makers warranty. Don't know about other warranties as they usually are not worth the paper they are wriien on.

Water filters on cars unknown---onlt on heavy trucks.

[dx100uk]

don't forget

that any warranty does not negate any rights you have under supply of goods and services act

or the sale of goods act.

 

a warranty is in ADDITION to your rights under those two.

 

dx

[sailor sam]

If the issue was reported within the warranty period but no successfully rectified before the warranty expires, then the issue should still be rectified under warranty. Basically the warranty claim clock starts ticking when you first report the fault, not when you purchase the car.

 

Plus, as DX points out, the warranty is merely an extension of your statutory rights under the SOGA. It does not replace them.

[heliosuk]

Certain aspects of the above posts are right and some of them are wrong.

 

The OP needs to state whether or not this car was bought from an approved VW dealer or not and if it was a VW extended warranty or not. Further it is essential that the OP gives exact age of the car, which model, and mileage along whether or not it had a full service history.

 

Certain Polos have a problem with the head and VW will pay a significant contribution if it's handled correctly. If the car has been bought outside of the dealer network and the warranty is not a VW one then the OP needs to look very closely at the small print of the warranty supplied as you might find in there that if the repair is not underway during the warranty period then it's not covered.

[raydetinu]

It also needs to have a full VW service history for manufacturers warranty to be valid? or so I understand.

[ericsbrother]

That wouldnt be the case, see Dettox Ltd v Shanklin Pier Co

[dx100uk]

or the later Baker v Shellmex

[raydetinu]

Fair enough, but proof of any servicing would be required!

[Spinster]

Hi everyone,

Thank you for your advice... The Polo is a 2010 model purchased from my local VW garage, it has had a full service history with VW only. The warranty is the standard factory warranty you get when purchasing a new car. The fault was reported within this warranty period, however it also came with a used car warranty of 12 months as I was the second owner. This has also now lapsed, but we reported the fault within the warranty period.

 

They have now affered to contribute towards the repair leaving me to pay the remaining £1,000.00 But I do not see why I should if it was reported whilst under warranty and on top of this, they have stated that they cannnot guarantee that this will fix the issue and we may still have problems.

 

They have recommentded that we part-ex or ne one, but they will deduct the £2800 off the part-ex leaving me out of pocket still.

 

My question is this: Do you think I should go Legal on them? Now that they have offered to pay towards the repair, is this them stating liability? I could have saved a lot of money purchasing private, but I chose a VW deaer for peace of mind and feel that I have not been treated fairly.

 

HELP...

 

Regards,

S

[ericsbrother]

The fault developed and was brought to their attention within the warranty period. This means that the garage are basically not adhering to the warranty conditions and Sale of Goods Act. I would be reminding them of this and say that you expect them to adhere to the terms of both of those conditions and that action will be taken to recover your costs that result from their failure to adhere to those conditions. Copy your letter to the boss of VW in Britain so they know that they are having their good name damaged as these dealerships make money from VW for the warranty repairs.

[ericsbrother]

When the dealership has had time to consider things tell them that you wouldnt mind a different car, can they recommend a VW franchise that knows about cars?

[Conniff]

The filter was just plain bull and a time delay to gain advantage. Time to diagnose missing coolant no more than 3 hours be it a coolant system fault or a head fault.

 

 

Send them a letter by signed for means and remind them that this happened well within the warranty period and you expect them to fix it under the warranty or you will invoke your rights under the sale of goods act.

 

 

How did you pay for the car ?