Consumer Rights Broken Gear Box

[Ruddockus 0]

Evening all,

 

We recently sold a VW Scirocco auto to a punter in Jan 2017, he's contacted us to say the gearbox was playing up in May 2017.  We have an AA report to show no issues with the car at date of purchase and he has a WMS Group 4* warranty.  He called the warranty company and said he was having problems and they advised him to tow the car to their recommended repairer, to save himself the recovery cost he decided to drive it there!  Once at the garage they wanted to know who was paying for the diagnostic diagnosis and any other investagative works that they would need to be done, he did not contact us or the warranty company instead chose to remove the car and drive it around somemore until the gearbox is now completely knackered and he has his own garage now wanting £4200 to repair.  When we first were in contact with him we asked if the car was like this when he first got it and he said no it started 3 months later which we have in text message format, also we have the AA report.  Is this grounds enough for us to reject his consumer rights issue demanding that we rectify these issues?  The warranty company have all the things that have happened documented including him ignoring their advice and to continue to drive the car.  If we end up in court what are the chances of us winning?

Thanks in advance

[Mojo121 229]

If you ask me the CRA and the 6 months right to repair or replacement is an absolute joke but from what I see and hear courts really aren't our friend. The best case is that a fair judge is likely to make you pay a proportion; an amount that would equate to what it could have cost prior to the further damage he created. Another judge may see that regardless of the situation a fault occurred within the first six months which rendered the car not fit for purpose and would have required a replacement anyway. Has he put many miles on it?

It's always annoying that the punters don't sue the warranty companies...

£4200 seems alot. Secondhand DSGs are £6-800 and probably another £200 to fit it. 

 

[trade vet 702]

2 hours ago, Ruddockus said:

Evening all,

 

We recently sold a VW Scirocco auto to a punter in Jan 2017, he's contacted us to say the gearbox was playing up in May 2017.  We have an AA report to show no issues with the car at date of purchase and he has a WMS Group 4* warranty.  He called the warranty company and said he was having problems and they advised him to tow the car to their recommended repairer, to save himself the recovery cost he decided to drive it there!  Once at the garage they wanted to know who was paying for the diagnostic diagnosis and any other investagative works that they would need to be done, he did not contact us or the warranty company instead chose to remove the car and drive it around somemore until the gearbox is now completely knackered and he has his own garage now wanting £4200 to repair.  When we first were in contact with him we asked if the car was like this when he first got it and he said no it started 3 months later which we have in text message format, also we have the AA report.  Is this grounds enough for us to reject his consumer rights issue demanding that we rectify these issues?  The warranty company have all the things that have happened documented including him ignoring their advice and to continue to drive the car.  If we end up in court what are the chances of us winning?

Thanks in advance

Don't risk going to court,judges don't like car dealers,I have lost better cases than this.I agree with tradex "driven to destruction" etc,but a judge may disagree and it costs you £5000.Get the car back,do the work and liaise with the warranty company,its about damage limitation.We all get at least one of these per year. It is unfair but that is the nature of the business.

[have a word with the wife 299]

you have excellent defense , you the retailer have strong proof fault wast present at time of sale, [ onus is on retailer in first six months to prove fault wasn't present at time of sale] hes also ignored your and the warranty companies advice by continuing driving the vehicle and damaging the vehicle further, a well written letter to the consumer explaining this may keep you out of the courts to start with.

[metcars 397]

1 hour ago, tradex said:

...... "driven to destruction".

My second wife was good at this.

[andymc1973 199]

Magistrates are neither sensible or have a liking for car dealers, the punter will muddy the waters about his terrible ordeal, go for it if you have correct legal representation 

[metcars 397]

Sadly Andy is correct. We are perceived by the public as lying crooks and I can't see that perception of us ever changing. Let's be honest, where is a car dealer 'ever' depicted as straight honest and truthful other than this forum?

Edited May 26, 2017 by metcars

[MrC 142]

Buy it back minus mileage. New dsg box, punt it on. 

 

[It's me 615]

well im absolutely amazed

 

ruddokus has shown al the facts but most of you say turn turtle

theres no way i would and i hope he/she doesnt do either

no wonder this trade is seen as an easy one to shaft, go complain hope the traders  run scared of the  court

[trade vet 702]

On 25/05/2017 at 9:29 PM, Ruddockus said:

Evening all,

 

We recently sold a VW Scirocco auto to a punter in Jan 2017, he's contacted us to say the gearbox was playing up in May 2017.  We have an AA report to show no issues with the car at date of purchase and he has a WMS Group 4* warranty.  He called the warranty company and said he was having problems and they advised him to tow the car to their recommended repairer, to save himself the recovery cost he decided to drive it there!  Once at the garage they wanted to know who was paying for the diagnostic diagnosis and any other investagative works that they would need to be done, he did not contact us or the warranty company instead chose to remove the car and drive it around somemore until the gearbox is now completely knackered and he has his own garage now wanting £4200 to repair.  When we first were in contact with him we asked if the car was like this when he first got it and he said no it started 3 months later which we have in text message format, also we have the AA report.  Is this grounds enough for us to reject his consumer rights issue demanding that we rectify these issues?  The warranty company have all the things that have happened documented including him ignoring their advice and to continue to drive the car.  If we end up in court what are the chances of us winning?

Thanks in advance

Don't risk going to court,judges don't like car dealers,I have lost better cases than this.I agree with tradex "driven to destruction" etc,but a judge may disagree and it costs you £5000.Get the car back,do the work and liaise with the warranty company,its about damage limitation.We all get at least one of these per year. It is unfair but that is the nature of the business.

Forgot to say- £5000 plus you still have to fix it when you get it back.  !

[trade vet 702]

13 minutes ago, trade vet said:

Don't risk going to court,judges don't like car dealers,I have lost better cases than this.I agree with tradex "driven to destruction" etc,but a judge may disagree and it costs you £5000.Get the car back,do the work and liaise with the warranty company,its about damage limitation.We all get at least one of these per year. It is unfair but that is the nature of the business.

 

 

14 minutes ago, trade vet said:

Don't risk going to court,judges don't like car dealers,I have lost better cases than this.I agree with tradex "driven to destruction" etc,but a judge may disagree and it costs you £5000.Get the car back,do the work and liaise with the warranty company,its about damage limitation.We all get at least one of these per year. It is unfair but that is the nature of the business.

 

 

14 minutes ago, trade vet said:

Don't risk going to court,judges don't like car dealers,I have lost better cases than this.I agree with tradex "driven to destruction" etc,but a judge may disagree and it costs you £5000.Get the car back,do the work and liaise with the warranty company,its about damage limitation.We all get at least one of these per year. It is unfair but that is the nature of the business.

 

[Mike-Ktl 2]

Stand your ground, the facts you have stated seem like you have a good case if it did go to court. don't roll over and let people walk all over you.

Give 2 fingers to these muppets who think its ok to shaft honest car dealer. sick and tired of consumers who think they buy something and we are gonna stand there why they destroy it and then ask for a full refund.

[BHM 994]

Head them off politely with a concise but firm letter clearly outlining the reasons why.

Let them drag it out with their usual couple of whinging phone calls & then their letter threatening Trading Standards/Solicitor/Small Claims/Police/Watchdog etc. etc. but wait to see whether or not they do actually instigate formal proceedings.

99 times out of a hundred they don't & if your original letter puts the "seed of doubt" into their minds then hopefully they'll just disappear. 

Finally, I don't know what you sell but I find life much easier since sacking off most VAG products. Horrible fault-prone things that attract the "Champagne taste, lemonade money" brigade.