Bought used car - broke down after one week

[Squink]

Always put a deposit down using your credit card. Even if you settle the balance by other means you are still then covered for the whole purchase up to 30k. If they give you any more grief and you DID use a credit card, get your bank involved.

 

[johnny6]

Isn't this covered under the consumer rights act? And if the fault presents itself within 30 days doesn't the act assume the fault was present at purchase?

 

[Gaygle]

The car was sent to a "gearbox specialist", though I don't know who that is. They're calling me in the morning with a conclusion from them but I know what they're going to say.

Spoken to a gearbox mechanic nearby who has said they're just trying to pull a fast one as they wouldn't be able to tell either way. Still pretty stressful.

In fairness, they probably have. Like Fox said, they probably don't have the first clue about how to diagnose or fix automatic gearboxes.

Tomorrow morning, if they come back with anything less than "Thank you for your patience with this sir, we've had the gearbox looked at by a local specialist and it has suffered a major failure. We have been advised that it would be extremely unlikely to be caused by the driver and so would be happy to offer you a full refund on the vehicle" then you need to be sending recorded letters and emails and covering your bases.

 

[Haggisman]

A driver error over the space of 3 days that would then manifest itself as catastrophic failure of an automatic transmission? Short of leaving it in Park whilst you towed it behind your motor home I can't think of many errors that could do that.

This.

Even if it is down to driver error, can they prove it was you and not the previous owner who ragged it within an inch of it's life?

 

[[ASSE]Hinchy]

Thanks everyone I really appreciate the advice. I fully expect them to try and pull a fast one when they call tomorrow so I'm going to call a solicitor first thing too.

Will keep you updated for those that have an interest in how it pans out.

 

[Adam]

Thanks everyone I really appreciate the advice. I fully expect them to try and pull a fast one when they call tomorrow so I'm going to call a solicitor first thing too.

Will keep you updated for those that have an interest in how it pans out.

Seems like an overreaction. Just see what they have to say and take it from there. I think you need to give them a chance, you won't have been the first person to have had issues with a car purchased from them so they will know the procedure. They might make it difficult for you but that doesn't trump your consumer rights.

 

[Armageus]

Isn't this covered under the consumer rights act? And if the fault presents itself within 30 days doesn't the act assume the fault was present at purchase?

Present within first 6 months.

The 30 day limit is for a full refund. After that a repair or partial refund are the acceptable outcomes

 

[muon]

This has concerned me greatly as from speaking to him, if it is number 2 then they are happy to talk about a refund. If it is number 1 then there is a case to be made for driver error e.g. car driven in off road mode with diff lock. If they believe it is driver error then the three month warranty would not apply.

Is the car not designed to work in off road mode with diff lock?

Unless you did something that resembles abuse of the car, I don't see how they have a leg to stand on.

 

[MeEsH BaKkA]

Should be fairly straight forward afaik the Touareg will log when off-road road is selected so once it's plugged into a reader you should be cleared of driver negligence.

I'd be surprised if it was the gearbox going bang though if it was due to diff lock... usually blows the diffs due to wind up. Could be the transfer box I guess.

 

[Dunks]

Any news OP?

 

[Gaygle]

Any news OP?

 

[[ASSE]Hinchy]

I didn't hear back from the garage on Friday morning or afternoon so I spoke to a solicitor in preparation for the worst outcome.

I chased a couple more times on Monday morning and eventually heard back from the dealer later in the day advising that they aren't receiving the information they are after from the garage and so they are going to give me a refund. Phew!

I'm therefore trying to get everything together that they need to do it.

Unfortunately they have already sold my part-ex so they will just be giving me the part-ex value in cash.

They have also asked for a settlement letter for the finance. I have a feeling they are going to try and claim that they only have to pay the settlement balance. My concern with this is I have already made my first monthly payment, 3 weeks after the car had been left with them. Surely they should just be transferring me the amount of finance they received? Otherwise they're making money on my non-sale by not only selling my part-ex at retail value but also returning less money than they received for the Touareg.

 

[Kuros]

The problem is they can't take it off you unless the finance is 100% cleared. (Otherwise they could still lose out more).

I think they'll ask to pay the settlement figure direct that way both parties are 100% sure it's been cleared.

 

[Housey]

Take ownership of the problem and stop worrying what you think they are going to do. Tell them what you expect them to do and the terms on which you will expect them do them. If you are being reasonable then you expect a full refund including the part exchange value of your car that was agreed up front, which I assume you have nailed down in writing.

 

[[ASSE]Hinchy]

Yes they've been written to twice confirming a telephone conversation where they stated they were going to refund me.

I've broken down the payment that I believe is due to me for them and am now waiting to receive it, at which point I have said it would be appropriate for them to come and collect the courtesy car (notice to be given of course!).

 

[Amp34]

I'm not sure that number 1 could happen, a car like this probably have some kind of protection against enganging off road mode on road, or some speed limit.

Agreed. I very much doubt in a 2011 automatic Touareg there is going to be a manual 4x4 change mode let alone a manual diff lock.

If the computer allowed you to set it so it ended up causing this issue, without automatically disengaging something then would probably imply the computer were toast anyway...

 

[[ASSE]Hinchy]

So here's an update I wasn't expecting. The garage just called to say there has been a development - there's nothing wrong with the car at all!

They claim that having put it on a ramp (not sure why it has taken 3 weeks to do so) they immediately saw a shaft wasn't turning, traced it back to a ring and clip that had not been reconnected properly after spring arms on the axle (I'm not a mechanic so I'm going off what he who is also not a mechanic told me) had been replaced which required the shaft to be temporarily disconnected to do so.

They have replaced the clip and claim that the car is now working absolutely fine. The trader now wishes to give it back to me.

I was a bit taken aback on the phone so I said I would call him back on Monday. But thinking about it, a week ago they told me something had sheared in the gearbox. Not that it was possible something had - but that something had. He mentioned just now that they had been looking for replacement gearboxes but there weren't any in the country as apparently they never go wrong.

I have to question just how much of a gearbox specialist the garage it was sent to is as if this was actually the problem, I could have had the car back weeks ago. Surely one would trace backwards to where the problem could originate before deciding that the gearbox has definitely failed.

My instinct is that I don't believe them. But given they have repaired the car do my rights even apply anymore in terms of a refund? I am always going to be suspect of whether they have told me the truth and it will therefore be in the back of my mind every time I accelerate that the car could fail at any moment so at this moment I am in the mindset of not wanting it back.

 

[tom_e]

It was broken you refused it job done, if they manage to fix it after the fact that's good for them they can sell it again.

That's how I'd take it anyway.

 

[shifty_uk]

They are at it, continue to pursue your refund and as stated, be firm with the buggers. You won't be comfortable owning that car now, get rid.

Oh and post the company here and on PH if they give you anymore grief.

 

[[TW]Fox]

PH has a no name and shame rule so it'll get deleted.