Sytner Select used fault

[aj84]

Hi all,

 

A new day and a new issue.

Car is an Audi Q5 2018 with 36k on the clock.

 

1. Put £99 deposit on credit card via sytner website

 

2. Test drove once lockdown 2.0 was over and didn't notice any issues with the car.

 

3. Pick up car on the 12th December

 

Payment =

Further 2k on credit card, 16k part ex and remaining 17k on debit card. Invoice price was 34500 and then added a few extra bits.

 

4. 2 miles into my 110 mile trip back home to find the air con was off and I couldn't switch on. Pulled over, cycled car, and its on...but then switches off which is why I didn't notice during test drive or handover. 

Drove back to the dealership and sales manager took it to their audi specialist.

 

5. They deemed it to be potentially just a regas and the dealer would reimburse once I got it done locally as they couldn't do it there.

 

6. Got it seen to by an Audi main dealer for a regas today and they have confirmed no gas is in the system but they need it for 3 days to investigate further as there is a chance of a leak and the leak could be due to a manufacturing issue of the compressor or an external issue like a stone hitting it (common when i research forums). The former is covered by the warranty the car still has of its original 3 year whereas the latter wouldn't be.

 

I don't want to return the car but IF the fault is chargeable and the supplying dealer does not play ball, can I exercise the 30 day return ? 

 

I assume if yes, I get the part ex back or the monetary value of it?

 

And again if yes, has the clock stopped for the 30 day until either resolved or returned ? With the Xmas break, I can't get it seen to until the new year potentially.

 

I have already notified the sytner dealer via email of todays findings 

 

The dealer is a Sytner branch (non Audi) and they sell other brands under an umbrella called Sytner Select with slightly limited perks.  For instance, 6 months warranty vs 1 year for the brand they primarily deal with. 

 

I also know the air con hasn't worked since the early part of 2020 based on the date the first error was logged but their 100+ point check.has it ticked to say its working. 

 

Thanks all

 

[BankFodder]

So are dealing with a totally different car to the other one that we have just been sorting out for you and finished only a few days ago, right?

 

You can stop the clock on the 30 days by asserting your short-term right to reject straightaway. Send them a letter and an email confirming that you are asserting your right to reject the vehicle under the consumer rights act because it has developed a defect within the first 30 days.

Tell them that under the consumer rights act, you are entitled to an immediate refund.

Send them this letter even if you don't want to return the car – but at least you reserve your position.

After that, write to them again, and say to them that although you are standing by your short-term right to reject, you might be prepared to discuss the matter with them if they are prepared to enter into a proper negotiation.

I would suggest that what you're looking for is a repair and also a discount from the price. However make it clear, that you are not resiling from your rejection of the vehicle – but you are prepared to talk to them about an accommodation. Also, make sure that they understand that if there is a suitable arrangement in which you take the vehicle, any accommodation is only subject to the air-conditioning fault which has already been identified and does not affect your statutory rights in respect of any other matter. Also, all of your other statutory rights under the consumer rights act are not affected including your six months right to reject the vehicle if further faults manifest themselves after your first 30 days of ownership.

A bit convoluted but I hope you get the picture

[aj84]

I certainly  know how to pick them right?

But yes this is a totally different car I picked up on Saturday to replace mine this time round.

 

Thank you for your help as always - I will do just that.  To be fair, their own order form/invoice does state the 30 day/within 6 month/after 6 month rules so it was more whether the clock stops once the fault is reported/discussed.  Any fault is fixable one way or another but usually associated with a cost and with Audi, its always a big cost.

 

 

[dx100uk]

surely there is no clock to 'stop'

you have 30 days to register your right to reject.

once done its done.

 

 

[aj84]

Fair enough,  I think the issue is more the holiday break coming up. 30 days puts it at 11th January but audi want the car for 3 days minimum.

Id rather keep the car if it can be fixed or rather the fix if at a cost, is covered by sytner.

But if they turn around and say no on say the 12th  I am out of my 30 day unless the clock can be paused if they're happy for audi to diagnose, trace, and (quote) fix. 

[dx100uk]

register your wish to do so now, as bf said, you can always negotiate later.

 

 

[aj84]

Thanks and will do!

 

I have a slightly different question relating to the same topic - with Tier 4 closing the dealerships again, how does this impact the 30 day/6 month period?

 

ie: if I outright rejected the car right now, and hypothetically tier 4 extends for another 2 weeks into Jan, I'm out of my 30 day or are there measures to protect the consumer of such issue?

It does seem like servicing/MOT are open so I should still be able to get this properly seen to

[dx100uk]

i'm not sure where you keep getting the idea of there is a clock that stops, re-starts or can be delayed.....

the rules are quite clear in black and white in CRA

you have 30 days to invoke your short term right to reject. no if's or buts.

[aj84]

The stop clock query is relating to a number of number of forums and  I'm sure a number of threads too ie:

from: How The Consumer Rights Act 2015 Impacts Your Business (tollers.co.uk)

"Consumers can elect or allow the trader to carry out repairs or replace faulty goods within the 30 Day Period. In such circumstances, the clock, for the purposes of calculating the 30 Day Period stops until the goods have been replaced or returned."

 

But the response earlier from me is not relating to clock-stopping but more relating to what happens if I was to invoke it right now but now cannot return car for x weeks/months due to tier 4 lockdown.  Do I just have to keep the car unused until things reopen not getting my money back, the car out of here and I assume if the part-ex cannot be given back, the monetary value for this too.

 

I should note at this point I'm asking possible outcomes - having just received the new logbook for the registration transfer (cherished plate), replacing  a number of accessories such as mats etc, buying the ludicrously expensive road tax etc, I'm not looking to reject however I am mindful of having a possible major issue all in this uncertain time so I don't want to be out of pocket

Edited December 19, 2020 by aj84

[dx100uk]

i think actually your issue is more a case of worrying about losing the right to reject, rather than using it?

[aj84]

Bit of both- maybe you're right and at the same time, I might just be overthinking it due to the issues we had with the Q3 (resolved on another thread).

 

End of the day, I like the car enough to keep it but the ac must be fixed and anything else that may come up in the health check - but this will take longer than the 30 days to resolve (it's day 7 since pickup today) and I don't want to lose the right to reject waiting on 1. Time taken to diagnose and quote if out of warranty, and 2. If out of warranty, for the dealership who are now closed for at least 2 weeks (sales) to authorise the repair to reimburse.

 

If the latter fails, then yes I will reject but I suspect due to lockdown, this will be more like day 45 before we know.  

And by fail, I mean not only for them to say yay/nay to the repair but also if they state I need to drive back to them (100+ miles) for their non main dealer Audi specialist to diagnose/fix - the same company who have clearly missed a number of things on the 135 point check.

 

 

Anyway, I can't do much until Monday so I'll pick it up then with the dealership

 

[Gick]

You really are over thinking things, probably because of your previous experience!

 

You need to preserve your position viz a viz your rights to reject, by sending a formal letter of rejection to the supplier within 30 days of purchase. You do not have to physically return the vehicle in the 30 days, but you do need to stop using it, otherwise the rejection is negated.

 

If you do not wish to reject, but are prepared to have a repair effected, the 30 days only comes in for NOTIFYING the supplier of the fault, which you have already done. If the repair is not successful, or indeed the supplier refuses to effect the repair (whether through any warranty insurance or not), you can then send the letter of rejection notwithstanding the expiry of the 30 days.

 

Banfodder has already taken you through this in post#2 :- You can stop the clock on the 30 days by asserting your short-term right to reject straightaway. Send them a letter and an email confirming that you are asserting your right to reject the vehicle under the consumer rights act because it has developed a defect within the first 30 days.

Tell them that under the consumer rights act, you are entitled to an immediate refund.

Send them this letter even if you don't want to return the car – but at least you reserve your position.

 

Edited December 19, 2020 by Gick
additional quote

[dx100uk]

you don't 'have' to assert your right to return within 30 days.

 

if the car has a fault which deems it unfit for purpose, within 6mts it's for them to diagnose, outside of 6mts, it's for you to produce a report, eitherway, they have one chance to repair, should that fail, you are then still entitled to reject the car.

[aj84]

I've just had an update regarding the car

 

Air con is not working due to the condenser having impact and this is where the leak is. The cost is circa 600 put awaiting formal quote

 

Recalls also outstanding 

 

Tyres audi are advising with this type of car, it should have the same brand and tread where as it has this has 1 budget, 2 Michelin and 1 pirreli. 

 

And wipers are smearing 

 

Key thing here is the air con is faulty and its not just a gas issue. 

 

Sending this to sytner now as it's a cost they would need to approve...if they don't, I assume only option is reject and ultimately get the part ex back or can I request to have this as cash instead? In the last few weeks, the part ex has gone down in value so I will be at a loss this way

[aj84]

Update, they approved the cost and also the cost to recode the key.

Tyres they will not budge - it's apparently what Sytner Select rules cover and not what Audi rules cover so thats on me.

Accepted the repair on it so we will see how this pans out - they're hopeful the car will be back with me this side of the year