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.
Is the vehicle still under warranty please?
No. The warranty was for 3 years / 60000 miles and ran out in October 2013
But finance is with Audi?
The repair is £3000. Are they paying for parts?
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
Ask for it in writing at least.
However the finance company is jointly liable for any breach by the dealer under Section 75 of the Consumer Credit Act
The difficulty would be the fact it is out of warranty.
It is possible you could sue for breach of contract as the goods are not fit for purpose or of suitable quality
But it will be hard
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.
Send this to both the dealer and finance company
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
You should name the dealer as the first defendant and finance company as second defendant
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.
Can I clarify anything for you about this today please?
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?
You would sue the place you purchased it, Stafford Audi
You have no contract of purchase with Bath
Unless of course its Bath that have caused or serviced incorrectly.
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
Yes I see.
Can I clarify anything else?
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
Yes that is why you write the letter as I have indicated above
Hmmm. Not sure which way to go then as Bath could be seen as not servicing correctly
Or you add all 3
Sorry I see what you mean about writing the letter now
When you say refund - what am I looking for a refund of? the purchase price? or losses?
No, the extra cost to you
The £1500 extra
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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
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: