Repair or Fight

[WCL 0]

Hi guys 1st post please be kind. I have been trading for 6 months without any real issues other than an audi a5. I have attached this letter I plan on sending to the guy. Am I right. His friend turned of the EML and Coil light after two days ownership no chance to repair and now the DPF and EGR are shagged £1500 quote

 

Thank you for your update regarding the Audi A5 3.0TDI registration YF07 YXK. You originally notified me of an issue with the car on 30^th September after you purchased the car on the 28^th. You highlighted to me that the car was in Limp mode and was not driving correctly. I asked you for ECU codes, on knowing this information I highlighted this issue could have been caused by the DPF.

 

I then heard nothing from you regarding the car until 30^th October 2018. You highlighted that the car had entered LIMP mode on a drive back from Scotland. After further exchanges I asked you what the codes where and what were the issues.

 

You couldn’t give me a definitive answer to those questions until the car was seen by the garage on 2nd November 2018. You then text me on the 1^st to highlight that the car was struggling to pull off and felt like it was stalling. This is after you have told me the car is already broken. I agreed to cover the cost of getting the car to the garage to assess however it isn’t unacceptable when owning an 11 year old car to have some form of breakdown cover. This cost for diagnostics and recovery is purely out of good will and no way accepts liability for the cars current status.

 

On a further exchange you told me that the car was fixed by your friend for free and it was the particulate filter. You then continued to use the car for one month without issues until the 30^th October this was the 1^st exchange since the 30^thSeptember.

 

As I made you aware this was my personal car and registered in my name on the V5C, and I also highlighted that due to not being able to provide you with the V5C at the time of the sale I would provide you with a used car sales receipt. Which you agreed you would be happy with; this wasn’t a stock car of WILLS CARS LTD.

 

Consumer Rights Act 2015

 

The 1^st 30 days you are entitled to a refund if the car is unfit for purpose, you can ask for a repair or replacement, but you are not obliged to do so, but you can insist on a refund.

 

No opportunity was offered for me to fix the car, as your friend completed this for you, I assume correct parts and tools were used for this work. Please provide all receipts and invoices for all parts used on this work carried out. Also please provide warranty receipts for this work, as you quote it was ‘sorted for free’

 

This new issue was clearly not present at the point of sale (otherwise the individual who sorted your car would've picked it up when he last worked on the vehicle) so may I suggest you get in touch with him as issues not present at the point of sale and not covered by the consumer rights act 2015 and fall outside the realm of our responsibilities. 

 

Under the CRA 2015 it is down to the consumer to show there is a fault and that it was present when you collected the car. The customer has to prove the fault was there. Please provide evidence of faults outlined in the quote within 7 days from the date of this letter

 

Your 30 days lapsed on the 28^th so you are not entitled to a refund.

 

After 30 days you are obliged to accept a repair or replacement.

 

Based on the quote provided and to date no evidence, of any work s those were completed on the DPF on the 30^thSeptember and no mention of the EGR valve or solenoid being at fault. In line with the ‘Consumer Rights Act 2015’ a company or trader is only liable if it’s, not fair wear and tear, accidental damage or misuse. I feel that if correct repair had been completed on the 30^th of September the following work wouldn’t need to be completed on the DPF or EGR. Therefore I am only not liable to pay any of the costs for the EGR Solenoid, EGR Change over Flap, Pipe DPF, Consumables or labour.

 

 As the car had raised a fault on the 30^thSeptember and had correct processes been followed and the repair carried out correctly at the time no further faults would have arisen. Also under the consumer rights act it is for you to prove this fault was there at time of purchase. This would have been picked up on the 30^th September if this was the case.

 

Out of good will as I understand you are having a tough time at the moment I will pay the following outlined below. By payment of this I am not accepting any liability for the cars current status.

 

The parts and labour I will pay for are outlined below.

 

Parts	Cost

 

This is a final and a onetime good will offer and as far as I am concerned closes this matter.

 

Yours Sincerely

 

 

 

Edited November 4, 2018 by WILLS Cars LTD
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[EPV 631]

Another “first post please be nice” type who’s in the shit and will disappear when they’ve sucked all the advice up for free. 

OP; You need legal advice. Go and find a solicitor if you’re intending to go down this route. 

[WCL 0]

Cheers mate but as a company who feeds his family through selling cars I doubt I will suck up and fuck off.

I just thought someone would point in right direction. But clearly this place is only for the elitist like your self

Why answer if you bit going offer up anything constructive. 

[Autolink100 34]

What's he actually asked you for ? a repair or money back. Personally I would not be sending him a long rambling reply like that educating him on the CRA. He's outside the 30 days but maybe entitled to a repair depending on how you want to play it. If the fault was definitely not there at point of sale you could tell him do do one and get on with it or you could get it back, fix it and move on, it's your choice

[andymc1973 199]

Are you trying to wriggle out by saying it was your own car? 

I’m not an elitist! I’ve got gravy from my dinner all down my shirt 

[Dave2302 387]

/\ /\ /\ Agree.

Here's something constructive ........................

You have sold a Car which obviously has developed a fault, why don't you behave like the reputable company you say you are and just fix the bloody car and move on !!

Pissing off customers and not getting a good reputation is the quickest way to destroy a business

Once again "What goes around comes around"

[WCL 0]

No not trying to wriggle out if I have to I will pay. It was registered in my name, but if I have to pay I will. 

He has says he has seeked legal advice and he is entitled to a repair. Which he is however my concern is the fact his mate sorted it out for free. 

[Dave2302 387]

BTW a deep clean on DPF and a good used EGR does not cost £1500 

[WCL 0]

Thanks guys, I will put quote on that's what he is saying its the 15 hours labour at 45 which is mounting the costs 

[Autolink100 34]

1 minute ago, Dave2302 said:

BTW a deep clean on DPF and a good used EGR does not cost £1500 

My thoughts too!, don't fuck about, get it back, get somebody sensible to look at it for you and sort it. It won't cost you anything like £1500

[Dave2302 387]

His dick head mate probably just used a chinese OBD to reset the codes, which you could argue would then lead to the car not re genning and not putting an EML back on for however many drive cycles that car needs to reset monitors.

However, personally I couldn't be arsed with a load of legal or letter writing hassle, I would clean that DPF in my workshops, and buy and fit a good used DPF.

DPF's will usually not regen if there is an airflow problem or an EGR problem (affects airflow).

If you have your own workshops it will cost less than £100 in bits and a few hours time !!

Whoever said 15 hours is a piss taking cunt, I could do that lot in a morning !!

Hell, if you fix the fault it may well do a forced regen without the need to take dpf off and clean the bugger

[EPV 631]

13 minutes ago, WILLS Cars LTD said:

Cheers mate but as a company who feeds his family through selling cars I doubt I will suck up and fuck off.

I just thought someone would point in right direction. But clearly this place is only for the elitist like your self

Why answer if you bit going offer up anything constructive. 

The constructive advice offered was to seek legal advice rather than write half baked letters. 

Why did you ask a consumer to provide you with ECU codes? They’re not a garage or mechanical expert? Why didn’t you ask for the car back or, if you have a warranty procedure, book it into a garage for him? 

Why have you mentioned in the letter that the car is in your name? You’ve sold a car as a retailer to a consumer.  It sure why you’re mentioning this at all. 

All we’re seeing here is the culmination of a few phone exchanges and a fed up trader. 

The issue (whatever it is) may well have been occurring pre sale, during sale, and post sale. DPF’s and EGR’s don’t just block up and fail in two days so I wouldn’t get too excited over telling him the fault wasn’t there at the point of sale. 

[David Horgan 564]

Bit of a long ramble is that reply my friend .

I fell asleep half way through .

Get it back fix it , give it back , don't let his chosen garage or his mate touch it in anyway . 

15 hours is a joke .

Remember its 11 yr old and you are entitled to use remanufactured or used parts if you wish , 

*Golden rule* , fetch it back so its all under YOUR Control OR THEY WILL Rip your wallet for sure . 

Mistake number 1 YOU let his matey fix it , bad move pal . 

[WCL 0]

Thanks guys really good stuff, I will get repair done I will speak to the specialists tomorrow. 

 

Cheers

[Dave2302 387]

1 minute ago, David Horgan said:

*Golden rule* , fetch it back so its all under YOUR Control OR THEY WILL Rip your wallet for sure . 

Absolutely

 

2 minutes ago, David Horgan said:

Mistake number 1 YOU let his matey fix it , bad move pal . 

He didn't fix it, he made matters worse, see my advice above

Hell, here I am giving out tech advice to a noob, by fuck it is boring waiting on Primer Drying before Basing and Clear coating a set of Alloys for my Workshop Van, I normally go down the pub on a Sunday LOLOLOL

1 minute ago, WILLS Cars LTD said:

Thanks guys really good stuff, I will get repair done I will speak to the specialists tomorrow. 

 

Cheers

/\ /\ /\ Like

[David Horgan 564]

Just now, Dave2302 said:

Absolutely

 

He didn't fix it, he made matters worse, see my advice above

Hell, here I am giving out tech advice to a noob, by fuck it is boring waiting on Primer Drying before Basing and Clear coating a set of Alloys for my Workshop Van, I normally go down the pub on a Sunday LOLOLOL

They never fix em do they , always make things worse cos they haven't a bloody clue what they are doing  , why they do it free lol 

good luck with the wheels , I love painting , but drying times do drive you mad  

[Dave2302 387]

[Rory RSC 596]

A good way to avoid these sort of situations -

Sorry to hear that, was running fine at point of sale. Please let me know when you want to bring it back and we can assist further. We will aim to turn it around as quickly as possible and will work around you.

Kind regards,

 

Just prevents things getting messy.

 

[David Horgan 564]

2 minutes ago, Rory RSC said:

A good way to avoid these sort of situations -

Sorry to hear that, was running fine at point of sale. Please let me know when you want to bring it back and we can assist further. We will aim to turn it around as quickly as possible and will work around you.

Kind regards,

 

Just prevents things getting messy.

 

Short and sweet , perfect reply Rory 

[Dave2302 387]

11 minutes ago, Rory RSC said:

A good way to avoid these sort of situations -

Sorry to hear that, was running fine at point of sale. Please let me know when you want to bring it back and we can assist further. We will aim to turn it around as quickly as possible and will work around you.

Kind regards,

 

Just prevents things getting messy.

 

Absolutely

[MOTORS 25]

1 hour ago, EPV said:

Another “first post please be nice” type who’s in the shit and will disappear when they’ve sucked all the advice up for free. 

 

Gosh, you're harsh with newbies. Read your first post as a newbie from February 2018...

[whitestone679231 113]

Do not let them take it to another garage/relative/matedownpub/ always get car back and sort it yourself where possible, no need to write war and peace or quote any acts just ask them to return it to you,,if the car has a problem when you inspect it fix it,  his mate clearing eml isnt going to have anything to do with current problem, he did you a favour by doing it.

[Dave2302 387]

1 hour ago, whitestone679231 said:

his mate clearing eml isnt going to have anything to do with current problem, he did you a favour by doing it.

2 hours ago, Dave2302 said:

His dick head mate probably just used a chinese OBD to reset the codes, which you could argue would then lead to the car not re genning and not putting an EML back on for however many drive cycles that car needs to reset monitors.

However, personally I couldn't be arsed with a load of legal or letter writing hassle, I would clean that DPF in my workshops, and buy and fit a good used DPF.

DPF's will usually not regen if there is an airflow problem or an EGR problem (affects airflow).

I disagree, by clearing out the fault, (EGR), his "mate" has allowed him to drive it longer with light off and not in limp, thus blocking the DPF to chokka level

However, yes, much easier to just get the bloody Car back to base and fix it, rather than all the hassle, and also other garages chiming in and wanting 15 hours etc etc etc

 

EGR was obviously the original, and still present fault, the fact that DPF is now blocked is because dick head has been driving it around with an EGR faulty, so the Car will not auto regen

[whitestone679231 113]

1 hour ago, Dave2302 said:

I disagree, by clearing out the fault, (EGR), his "mate" has allowed him to drive it longer with light off and not in limp, thus blocking the DPF to chokka level

However, yes, much easier to just get the bloody Car back to base and fix it, rather than all the hassle, and also other garages chiming in and wanting 15 hours etc etc etc

 

EGR was obviously the original, and still present fault, the fact that DPF is now blocked is because dick head has been driving it around with an EGR faulty, so the Car will not auto regen

I doubt if egr was original fault he would have gotten another month trouble free driving am sure light would have come back on in first few days

[D&M 66]

In your letter to him you are telling him it was not a stock car, so a private sale - followed by educating him on his consumer rights.

Don't contradict yourself. Are you going down the road of - it was a private sale, naff off. Or are you approaching this as a retailer?

Your letter reads to me as you are trying to smart talk your way out of it.