I'm also having a conversation with a solicitor on Monday so I'll see what they say and relay back here...
Audi warranty denial....
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Not sure they do. I can't go around modifying my ECU and then when the engine blows ask them to definitively prove it wasn't caused by my tune rather than a manufacturing defect. What I'd be asking is impossible.
Given this kind of thing isn't happening to every vehicle, probable cause is likely enough. Then it is up to you to discredit that.
I thought it was well known that any mod affects the warranty of a downstream or linked component.
As someone else who had warranty claims rejected has stated in this thread, and my own experience with a different brand, the OEM can reject a claim basically when they see fit and the onus is on the claimant to prove their claims as false, not the other way around.
I am no legal expert though, so this could be factually incorrect, it just seems to be the norm!
Soldato
I thought the onus was on the dealer to prove that the alarm system was a direct cause of the issue.
Soldato
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as did I
The OP is doing the right thing by going to a solicitor. It's all well and good listening to everyones views, and maybe some experiences, but I'd like to know how the law sees it.
There may well be a clause in the T&Cs which states ANY engine modification will invalidate the warranty......depending on the wording, it may say any modification which causes damage is not covered under warranty.
How many people plug in those ODBC thingys and use the ipad app to unlock features. Could be a huge issue. Modern cars these days log everything, even ODBC logins.
Soldato
Whilst I agree that whoever has been working on this car absolutely has no clue what is wrong with it and is just using the Ghost as a possible scapegoat, I think you're going to have to send this to some sort of specialist for a proper diagnosis to prove it had nothing to do with the Ghost.
I mean, I probably would take it to a specialist anyway. Why anyone takes a car to a main dealer these days is beyond me. I have no doubt that there are some skilled diagnosticians working in main dealers, I would hazard a guess that the majority of them get stumped VERY quickly hence why they often start blaming random things and just changing random parts. And when they can't figure an issue out, just replace the whole gearboxes/engines. It's specialist prices giving sledgehammer diagnostics. I can't imagine how many good gearboxes + engines have gone to waste at the hands of a main dealer for a simple problem which could easily be fixed by someone who knew what they were doing.
I mean, I probably would take it to a specialist anyway. Why anyone takes a car to a main dealer these days is beyond me. I have no doubt that there are some skilled diagnosticians working in main dealers, I would hazard a guess that the majority of them get stumped VERY quickly hence why they often start blaming random things and just changing random parts. And when they can't figure an issue out, just replace the whole gearboxes/engines. It's specialist prices giving sledgehammer diagnostics. I can't imagine how many good gearboxes + engines have gone to waste at the hands of a main dealer for a simple problem which could easily be fixed by someone who knew what they were doing.
Warranty.
Notwithstanding being rejected in this particular case, you'd have to have extremely little faith in dealers to elect to pay an independent specialist to fix a car that's covered by manufacturer warranty.
I've literally just had a car scrapped because the RAC boosted it and fried the ECU and BCM. My local garage has seen a brand new Audi RS something or other written off because of the same thing. Do not boost new cars. I'd be extremely surprised if you get anywhere with RAC complaints, it's up to you to provide them clear cut evidence it was their fault and typically dealers won't want to get involved.
Soldato
Wiper fuse could be unrelated. It's easy enough to do at this time of year and not know you've done it.
On a cold but dry day the windscreen is frosted over, you try the wipers to see if that will clear it, they're frozen in place and the fuse blows so you get out and scrape the ice off. It's a dry day so you don't use the wipers again and don't know the fuse has blown.
On a cold but dry day the windscreen is frosted over, you try the wipers to see if that will clear it, they're frozen in place and the fuse blows so you get out and scrape the ice off. It's a dry day so you don't use the wipers again and don't know the fuse has blown.
nope the dealer can pretty much get away with saying what they want until it is independently reported on . usually when you have had it independently checked and the aa/rac/autowatch have given you written reports it will tell you the reason for the breakdown. thats when you decide whether its court or someones insurance thats paying or push with press etc for warranty , its a very sticky road to be on .
my guess would be it was boosted at the recovery garage , possibly with a mains start and charge, that would cause a multitude of problems , then they just dumped it at the dealer thinking they would sort it.
Well the workshop manager for the dealer has wrote me a report (via an email) stating that an overcharge has been detected in the service plan for one of the cars batteries, so they have helped in at least showing the 'potential' cause of the issue...
Will be speaking with my solicitor in the morning so will update with what they say...
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They should be able to give you a date and time on the log too.
Soldato
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The workshop manager needs to do much better. You need time/dates/faults/causes etc etc
Soldato
Oh yeah for sure. But it's normally a case of gritting your teeth with the warranty and hoping that they a) actually do locate an issue b) the warranty will cover it and c) this actually fixes the fault. The number of times I've heard of car dealers just playing part bingo, doesn't give me any faith that they are in fact expert diagnosticians and deserving of the £120+ ph rates they charge.
Soldato
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£120+ rates has nothing to do with anyones qualifications or experience. Audi quoted me that to push a small piece of plastic bumper trim back in.
The solicitor has sent me down the Consumer Rights Path. They have quoted the following in the letter they sent me to send...
In these circumstances, I am requesting a repair or replacement (Section 23).
Section 23(2) provides that any remedy must be provided within a reasonable time, without causing significant inconvenience and whilst the seller bears the necessary costs. If this cannot be done or a further fault arises then I will be entitled to reject the item and obtain a refund under Section 24.
As a direct result of your breach of contract I have suffered consequential losses, such has having to use an alternative vehicle to get to and from work and for other essential journeys. I have been paying £xxx per month for a vehicle that I have not been able to use.
Consumer rights are separate and distinct to any warranty or guarantee and cannot be restricted or excluded as per Section 31 Consumer Rights Act 2015.
They are enforceable for 6 years after purchase against the seller.
They said we will see how they respond to that and then subject to their comments proceed accordingly.
In these circumstances, I am requesting a repair or replacement (Section 23).
Section 23(2) provides that any remedy must be provided within a reasonable time, without causing significant inconvenience and whilst the seller bears the necessary costs. If this cannot be done or a further fault arises then I will be entitled to reject the item and obtain a refund under Section 24.
As a direct result of your breach of contract I have suffered consequential losses, such has having to use an alternative vehicle to get to and from work and for other essential journeys. I have been paying £xxx per month for a vehicle that I have not been able to use.
Consumer rights are separate and distinct to any warranty or guarantee and cannot be restricted or excluded as per Section 31 Consumer Rights Act 2015.
They are enforceable for 6 years after purchase against the seller.
They said we will see how they respond to that and then subject to their comments proceed accordingly.
This seems key - if the overcharge lines up with when the RAC boosted you or had the car in their possession, surely that's then a club to beat RAC over the head with?