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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, I have a Audi A5 which I purchased via a PCP agreement

Customer Question

Hi, I have a Audi A5 which I purchased via a PCP agreement from new with Audi finance. The agreement was for 4 years and I am 3 years and 6 months into the agreement and have covered just over 40,000 miles. During the time I have had the car the oil consumption has been very high and I have questioned it on every service and each time I have been fobbed off by Audi who say it is within limits although I do have evidence of questioning this very early on even from its first service. However since the last service in November 2013 oil consumption became alarmingly high so I returned to Audi in March and they said I needed to do a 1000 mile test to see how much oil was used. It only managed just over 200 miles before the oil light came on so I returned the car to Audi to investigate. Audi have admitted it is a fault and said that the pistons need to be replaced and have said that Audi UK will cover the cost of the parts and that the dealership will cover half of the labour costs which come to over £3000 expecting me to pay over £1500. I have researched the problem and a brief internet search on the same issue with the same engine type in the same car shows that this is a known issue. I have said to Audi that I do not think I should be liable for the labour cost as it was a known issue and I had raised it several times when the car was in its 3 year warranty period and the dealership ignored the problem until now. I was intending to pay the remainder of the cost of the car at the end of this month but the car is not worth the outstanding amount with the engine fault. In fact the car should actually be worth more than the outstanding amount. Can I sue Audi or do anything via the finance agreement? As the 'goods' are faulty and it is not standard wear and tear as any engine should be able to exceed 40,000 miles without needing thousands of pounds spent on it. It has had every service done at the same dealership.
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, 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 :

Is the vehicle still under warranty please?

Customer:

No. The warranty was for 3 years / 60000 miles and ran out in October 2013

Alex Watts :

But finance is with Audi?

Alex Watts :

The repair is £3000. Are they paying for parts?

Customer:

Yes finance is with Audi. Audi UK are apparently paying for / supplying parts. The dealer is supplying 22 hours labour at about £3000 and said they will pay half. By the way neither the dealer nor Audi UK have supplied anything regarding the offer in writing

Alex Watts :

Ask for it in writing at least.

Alex Watts :

However the finance company is jointly liable for any breach by the dealer under Section 75 of the Consumer Credit Act

Alex Watts :

The difficulty would be the fact it is out of warranty.

Alex Watts :

It is possible you could sue for breach of contract as the goods are not fit for purpose or of suitable quality

Alex Watts :

But it will be hard

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

Alex Watts :

Send this to both the dealer and finance company

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You should name the dealer as the first defendant and finance company as second defendant

Alex Watts :

The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK. Just to check, I purchased the car brand new from Stafford Audi and it is financed with Audi Finance. The car has always been serviced at Bath Audi as this is where I live. Does this make a difference? Would the first defendant still be Bath Audi?

Alex Watts :

You would sue the place you purchased it, Stafford Audi

Alex Watts :

You have no contract of purchase with Bath

Alex Watts :

Unless of course its Bath that have caused or serviced incorrectly.

Customer:

OK. I have proof that on the first service I questioned the oil consumption in writing but it was always verbal from then on. But Bath Audi looked to have dragged out investigating the issue correctly until March this year when the car is out of warranty

Alex Watts :

Yes I see.

Alex Watts :

Can I clarify anything else?

Customer:

If I need to sue Stafford Audi should I contact them first to give them an opportunity to do something about it? They have no knowledge of this as I have not taken it there since buying it

Alex Watts :

Yes that is why you write the letter as I have indicated above

Customer:

Hmmm. Not sure which way to go then as Bath could be seen as not servicing correctly

Alex Watts :

Or you add all 3

Customer:

Sorry I see what you mean about writing the letter now

Alex Watts :

:)

Customer:

When you say refund - what am I looking for a refund of? the purchase price? or losses?

Alex Watts :

No, the extra cost to you

Alex Watts :

The £1500 extra

Customer:

ok. 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’.


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Great thanks

Customer:

Sorry, I have another question - I have not paid the £1500 so technically do not have any losses at the moment except the devaluation of the car as it now has a serious fault but I don't know how much it would be devalued by. Not sure what I am asking for from the dealer / finance company

Expert:  Ash replied 2 years ago.
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’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 2 years ago.
I know you have not paid £1500 but you are asking for this for breach of contract - that is because you are being asked to pay it.

Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi, Just to note that the oil consumption problem I have is not isolated to my vehicle. UK Audi forums are full of other reports of the same issue and in the United States a 'class action' lawsuit has been filed against Audi for an estimated 5,000,000 vehicles with the same problem. Is there a UK equivalent of 'class action'?


link to the detail:


http://margarianlaw.com/audi-oil-consumption-class-action/


 

Expert:  Ash replied 2 years ago.
There can be in this country but it is quite complex and rules apply.

Alex

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