Dodgy Beetle

[king Dongel]

Hello All,

 

Last year my mom bought a 2001 VW Bettle (2.0 automatic) with about 50K on the clock, it was bought from a in dependant vw garage. The car was sold with a three month warranty.

 

Within the first week we figured out there was a problem with the gear box, it juddered when changing up gears and occasionally took seconds to change gear at all, which is a little worrying in an automatic when your coming up to a roundabout.

 

We also noticed the ESP (Electronic Stability Program) light kept coming on when ever it felt like it - but we just assumed that it was a little sensitive.

 

Anyway, within the first three months the gearbox was replaced, within the first 6 months we had to have the dashboard replaced at a cost of £600 - and we've just been told it needs a new ESP sensor at a cost of £700 and that we cant sell the car till this has been done.

 

This all seems like the car was dodgy in the first place....£1300 in under a year for a 2001 VW just doesnt seem right.

 

Im wondering if we have grounds to make a claim for the garage to refund what we have paid - and pay for the new sensor - I know the Sale of Goods act states the onus is now on us to prove the faults were there when the car was sold which may prove a little tricky. Has anyone done anything similar to this ? Can anyone offer a little help ??

 

[rosiecotton]

If the faults can be proven not to be normal wear and tear, then you would have a case under the Sale of Goods Act for a repair.

 

However first of all you do need to give the original trader the opportunity to put right any faults. Therefore - if you took it elsewhere to be repaired (which you don't say) - you have seriously weakened any case to claim back the repairs you have had done, as you did not go back to the trader at the time. If this is the case I would say it was unlikely that you could do much about this in retrospect.

 

However with regard to the sensor, if you can prove that this is not a fault which is normal on a car of the age and mileage, you would have a claim under the Sale of Goods Act as the car is not of satisfactory quality and the fault is not attributable to normal wear and tear. The original trader should carry out the repair work for you. The only costs you are liable for is if you are obtaining betterment, i.e. a brand new part in an older car, then you can be asked to make a reasonable contribution for having the new part. This should in no way be costs of labour or the full cost of the part. If the part supplied is second hand or reconditioned, you would state that you do not have to pay at all as you are not gaining betterment.

 

How did you pay for the car? (I am assuming that you do not have the car on an HP agreement as if so the law would be entirely different. If this is the case I will come back and post again!)

[king Dongel]

Rosiecotton thanks for the promt reply...

 

The garage which sold the car also replaced the gear box, then replaced the dash panel - this is actually the instrument cluster so I cant see how this would ever fail due to wear and tear - Ive read things on the internet that state this is actually a VW fault. The strange thing is - the same garage has told us that we cant sell the car without the ESP sensor being replaced - yet in November they passed its MOT knowing it had this fault.

 

I dont think the dash / gearbox or sensor should be failing due to wear and tear - they must have all been faulty. I have a feeling the car may have been in a smash and repaired but thats just a feeling.....

 

Oh - the car was paid for in cash - no HP or loans etc.

[rosiecotton]

I would agree with you, although I am no mechanic. It doesn't seem like normal faults to me. Perhaps you could contact VW to get their opinions? If ultimately it ends up in court, this will be an important factor.

 

As they did carry out the repairs, you may have more chance of getting some redress.

 

I would write to them listing the faults, state that you feel the car is not of satisfactory quality under the Sale of Goods Act 1979 (as amended) as these faults cannot be attributed to normal wear and tear, and therefore you are claiming compensation for what you have already paid out, plus a repair for the current sensor fault.

 

As I said, just be aware that if you now have a brand new gearbox you may have to make a reasonable contribution towards the part as you now have a better part than you would have had if the car had not gone wrong, if you see what I mean. However this should only be a fairly small contribution and you should claim the rest of what you have paid back as a refund.

 

Give them a date by which to respond, send the letter via a Post Office and get a proof of posting slip, and keep a copy.

 

Good luck.