Faulty car, dealership being difficult

[prob_solver]

Hi and thanks for considering my post.

I purchased a second hand Audi A4 (2015 plate) in Jan 2022.

 

At the time of purchase, the car had a high mileage of 134K (diesel engine). I purchased it from a registered Ltd company (car dealership, nature of business 45112 - Sale of used cars and light motor vehicles). They have a name and address of the dealership which is different from the registered Ltd company name and address.

 

As I understand from the purchase receipt, one of the names is the trading name, and this trading name used to be the name of their previous Ltd company which was dissolved. I paid £6,290 for the car which included parts exchanged. The car came with 6 months warranty (from a used car warranty company) which is due to expire next week.

Within 14 days of purchase the car had the emissions control system lights on (light description taken from car manual) - in amber. At this point the car had run 590 miles from the time it was purchased.

 

I contacted the warranty company who asked me to get a diagnostics done. The garage only gave me a report with a fault code 19226 Particulate Trap Bank 1 which they didn't have expertise to conclude further. Upon providing the warranty company the report and fault code they confirmed that they did not cover emissions related problem. 

 

I contacted the car dealership and they mentioned that it is not any major problem as the DPF only needed regenerating. They advised me to can run the car on the motorway for 10 miles, 4th gear and 60 mph and that will resolve it. I drove the car on the settings and it did not resolve. I then took the car to an Audi garage and they diagnosed that the low pressure EGR cooler valve was faulty and needed replacement and regeneration.

 

The dealership said that they will fix this issue free of cost and they took the car and provided me with a courtesy car. They sent me pictures of the valve replaced and provided me the delivery note from the part supplier as a proof that new EGR valve was fitted. When they returned the car, the emissions lights on the dash were gone. Within 10 days after the repair the lights came back on again and I complained to the dealership, they said that the car may need another regeneration and they took the car in again and carried out regeneration and returned to me within 20-30 min. The lights came back again on the following day.

I have had enough so I requested the dealer to take the car back for full refund and they became very difficult with my request. They somehow made me agree to bring the car back to them to check (this was end of March and early April time). Before, I could take the car back to them I realised that the car coolant reservoir started leaking as well.

 

I contacted citizens advice and used their support to issue them a letter (via email) and asked them to take the car back for a full refund. The dealership refused on the basis that we agreed to repair the car first. Further they said: the car is not new, these are wear and tear problems according to the age and mileage of the car and it was used for over 3 months and that I did not stand a chance to return it for a refund.

 

I issued them a letter that I will give a final chance to repair and if the repair fails again then then I will use my final right to reject. The dealership replied "We are more than happy to inspect your car and complete any repairs necessary (within your warranty)."

They took the car in for the 3rd attempt of repair and did not return for nearly 2 months. I was provided with a courtesy car. I kept chasing the dealership and every time they kept changing the date of return. Once the courtesy car broke and I had to take uber home. They provided another courtesy car with a broken window on passenger side and promised to refund uber (which they never did).

 

I had to go through a great deal of inconvenience when once they asked me to collect my car and when I was on my way they texted saying that the car was not ready and I only checked my message when I got to their garage. They were very rude to me when I complained to them. When they returned the car after the 3rd repair attempt (after 2 months), the car had the emissions lights gone.

 

They mentioned that the radiator cooling fan was not operating and communicating and that it was replaced. The coolant was leaking because its hose was in close proximity to DPF valve and was getting overheated so they changed the coolant hose routing. I asked for paperwork as proof of what was done and they did not provide me. There was a large crack on the windscreen, for which they said they will send somebody out to repair. They set a date for repair and the person never came.

 

Within 10 days of returning the car the emissions light came back on again and when I checked the coolant was also leaking. I immediately emailed them to reject the repair. The following week I posted them the letter before final action. In the letter, I rejected the repair and asked them to take the car back for a full refund and also return the expenses of windscreen damage, the diagnostics that I paid out of my pocket, the uber that I had to take in the absence of a car. I received a reply via email asking me to bring the car back to them at the soonest so they can see the "emissions" warning light and run a diagnostics check to clarify if it is or isn't the same fault as previously.

I have spoken to 2 x lawyers (free advice) and citizens advice. I want an advice on how to proceed further. The citizens advice has advised to start a small claim court case. One of the lawyers advised me to take the car back to the dealership as it seems like they want to investigate the complaint further. They want me to sign up to their services to resolve the issue through medation/ADR first. If that doesn't work then they can open the case in the small claim. The other lawyer asked me to take the car to the audi garage and get a full report to see if the problem that was diagnosed in the first place is still existing. Once it is done then come to him for further steps.

Could anyone please advise the best route to take? Is my case strong enough to be taken to the small claims court at this stage? Does it require mediation first?

I am quite worried about the fact that the car was used the time between the emissions light came on and when it was dropped to the dealership garage for repair. Does it make my case weak? I drove the car because the dealership advised me to do so.

Many thanks,
Problem_Solver
 

[dx100uk]

name names please...

 

under consumer law, they had one chance to repair.

they failed, they should have refunded.

 

not sure within all your references what letters you have sent or not, but, you need to issue a letter of claim , then issue a small court claim on day 15 and issue the claim without fail, else you lose face.

 

there appears to be some issue with who you purchased the car from and if the business name is still operational.

 

there could be your issue.

 

who to launch the claim against.

 

 

 

[prob_solver]

Hi dx100uk,

 

Thanks for your response. 

 

I am a little reluctant to name the company as they are quite manipulative and I am afraid if the matter goes to court they can use this forum post to blame me for defamation (sorry, just thinking out loud). I am concerned myself as who to launch the claim against. On the car receipt purchase, it says like this:

 

ABC Ltd T/A
XYZ
Address of XYZ

 

On their website, the company number matches the details of ABC Ltd.

 

When I checked the registered address of ABC Ltd, it is in Derbyshire. The address for XYZ written on the receipt is in Unit 1 Staffordshire and that's where I collected the car from. This is the address on their website as well. XYZ is their current trading name. XYZ used to be the name of their previous Ltd company "XYZ Ltd" (dissolved in 2020), the registered address of which was same as ABC Ltd. 

On the receipt, there is a VAT number. I checked the registered address for the VAT and that is the same address in Staffordshire but Unit 2 instead of Unit 1.

 

Summary of addresses:

ABC Ltd: Derbyshire

XYZ (Trading name): Unit 1 Staffordshire

XYZ Ltd (dissolved 2020): Derbyshire (same as ABC Ltd)

VAT number: Unit 2 Staffordshire 

 

 

As for the letters. I issued them the following (using advice from citizens advice):

 

1.Letter to complaint about fault goods: this was emailed when the emissions light first came on and before sending the car back for first repair attempt

2.Letter to complaint about faulty goods: this was emailed when the car emissions light came back on after second attempt and the coolant was leaking. I asked them to return the car and refund the money. They rejected this letter saying that you have already agreed to get the car repaired.

3.Letter before court claim: emailed this before sending the car back for 3rd and final repair attempt. I issued this letter saying that if the issue returns again then I will use my final right to reject and request you to take the car back for refund. If a reasonable response is not received from them then the matter shall be escalated to the court. To this letter they replied "We are more than happy to inspect your car and complete any repairs necessary (within your warranty)."

4.Letter before final action: posted last week after the 3rd attempt of repair failed. In this letter I used my final right to reject the repair and asked them to take the car back and refund the money and if they don't agree to refund then provide detailed explanation why they don't agree otherwise the matter shall be taken to the court. To this letter they replied:  Pls bring the car back to us at the soonest so we can see the "emissions" warning light and run a diagnostics check to clarify if it is or isn't the same fault as previously.

 

I asked them details of ADR in all the letters and they haven't provided.

 

The 15th day from the date the last letter was issued will be next Thursday. Is it a must to put a court case in by this date? I am still concerned if I am putting a claim against the right company i.e. ABC Ltd?? What about the dealership requesting to bring the car back for diagnostics?

 

Kind Regards,

Problem_Solver

 

[dx100uk]

Falling for the oldest trick in the book...

 

There are 100's of like threads here . Always name and shame!!

 

Dx

[prob_solver]

Hi Dx

 

Does it mean that I cannot launch a small claim case against this company?

 

Kind Regards,

Problem_solver

Edited July 17, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

does what mean?

 

name and shame.

 

dx