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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Ive purchased a brand new truck in Dec 2013 and notice air

Resolved Question:

I've purchased a brand new truck in Dec 2013 and notice air noises when the truck was started up ,Inwhich was pointed out to the salesmen and Volkswagen mechanic and was agreed to have a look on Jan 2, 2014. Well the truck was looked on Jan 3 , Jan 13 for 3 days and Jan 20th where a fuel pump, Fuel lines and only god knows what else. And the problem still was present and since the truck diesel mileage and torque performance was very poor, it stayed park. After my February Holidays. it was booked in Mar 3 2014. and for 15days, I call and call at one point the Volkswagen dealership thought I had the vehicle back. After that I finally call Volkswagen CUSTOMER CARE for a Refund of the purchase price or a brand new replacement on the grounds of unreasonable time to rectify which cause me unreasonable inconvenience of work time and costs,. After that for ten more weeks of silence from the dealership until 10th April 2014. I receive a email from the dealership sales manager telling me to come and pickup the truck and they have ordered a Diesel Tank for it and will call me when its in, I refuse on the above grounds, Then on the 14th April 2014 at 14:45 pm. a service department employee from the dealership called me to pick the truck up , the tank is fitted, but couldn't be for sure the problem has been resolve
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you want to achieve please?

Customer:

A full purchase price refund of the vehicle. Because of the dealership unreasonable time(4 Months) trying to fix it. I am convince its more problems to come in this vehicle

Customer:

And by the conversation I had with the service department ,they couldn't tell me if it was fix .

Alex Watts :

Can it be driven at the moment please/

Customer:

Yes probable but diesel usage is more

Alex Watts :

Ok - in that case it is bad news.

Alex Watts :

Under the Sale of Goods Act with a vehicle unless the problem is such that it can not be driven you would not be entitled to your money back

Customer:

Also shifting gears is more and frequent

Alex Watts :

What you would be entitled to is to sue for loss and damage

Alex Watts :

So if it using more fuel you would be entitled to that cost back, of the additional fuel

Alex Watts :

But you won't be entitled to a full refund.

Customer:

a Replacement vehicle?

Alex Watts :

But once the problem is fixed you would be able to estimate what you have lost.

Alex Watts :

You are only entitled to a replacement if your contract allowed that, which probably it did not.

Customer:

What if the problem still exist?

Alex Watts :

Even then you can't demand a replacement.

Alex Watts :

Only if you cant drive it and it can't be fixed would you be entitled to a new one

Alex Watts :

I am sorry as I know this is not the answer you want 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:

I wish trading and standard would have told me this lol

Alex Watts :

I am sorry!

Alex Watts :

You can't get a replacement otherwise everyone would!

Customer:

well I think I best redraw my court claim?

Alex Watts :

Have you claimed for a total refund?

Customer:

Yes on the grounds of unreasonable time and inconvenience when I had to drive 22 miles there and back numerous times

Alex Watts :

Ok - you can claim all that but not a refund.

Customer:

and it was a work truck

Alex Watts :

I would suggest you reduce your claim value.

Alex Watts :

But make sure it is below £10,000 to keep it as a small claim

Customer:

ok thanks alex

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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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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