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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took an Audi A4 TDI S line for a test drive last week and

Resolved Question:

I took an Audi A4 TDI S line for a test drive last week and every thing was fine. Took a couple days and decided to buy it on Monday 17 March 2014. Drove it away from the second hand car dealer only for the car to break down after 5 miles. Since it has been back with the dealer they have identified a problem with the gearbiox. I have since surfed the net to find out that the symptions I experienced is a common problem with the Audi Multitronic gearbox. I have decided that I would like the dealer to take the car back and give me a total refund. Am I within my rights?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How many miles had it done, how old was it and how much did you pay please?
Customer:

The car is 2005, done 86,000 miles and I paid £7495. The car came with 3 months warranty and I paid a further £250 to extend the warranty to 12 months.

Alex Watts : Is the gearbox covered by the warranty?
Customer:

My understanding is that all parts of the car are under warrantly except those "consumable items" i.e. tyres, timing belt etc

Alex Watts :

Anything you buy must be as described, fit for purpose and of suitable quality as per the Sale of Goods Act.

Alex Watts :

However for second hand goods the warning is buyer beware as you have limited rights.

Alex Watts :

For example if you had brought a new vehicle then you would expect the standard to be far higher than one say 10 years old.

Alex Watts :

In this case if there were to refuse and you took it to Court a Judge would have to decide what is reasonable.

Alex Watts :

Given that it is under warranty and I would expect the gearbox to be replaced I do not think a Judge would find that you are entitled to a full refund.

Alex Watts :

However if the garage are prepared to do this then I would accept it.

Alex Watts :

If you paid on credit card (not debit) then you would also have protection under Section 75 of the Consumer Credit Act as a card issuer are liable for the merchant.

Alex Watts :

But given that there is a warranty and I assume the dealer could not have reasonably known there was a gearbox fault, I think a Judge would allow a repair

Alex Watts :

But as they are offering a refund I would certainly take this.

Alex Watts :

I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No that is fine thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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