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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I bought a brand new audi A6 and took delivery of the car

Resolved Question:

hi, I bought a brand new audi A6 and took delivery of the car on 18th February 2015. It went back to them when there was a problem with the engine.
They took it back to there dealership on 30th March 2015.
It was concluded that there was a major problem. So they ordered a new engine 3.0 TDI. The car had run just 1400 miles.
They said it was a manufacturing fault. (So Germany want the old engine back).
I have just been notified that the car will be ready next week. (approx 65 days after they took it) They have lent me a car, but I use the car for business and it also has a private number plate on. (So its the whole package I have been without).
They have offered in compensation a full set of winter wheels and a meal voucher plus a weekend away to the value of £500.
It still does not replace the fact that they have my new car longer than what I have.
What rights do I have. Thanks Gregg
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if they have supplied you with a car of largely equivalent spec as the car you ordered or is it much inferior please?
  2. Did you pay for the car in cash (i.e. debit card or bank transfer etc) or on finance?
  3. What compensation do you feel is appropriate in the circumstances?
Customer: replied 1 year ago.

They supplied a diffrent spec car because they could not give me the same spec. We paid half of the car and the rest on finance. The cost of the car is £52,000

Not over bothered about compensation, just wanted to know my rights.

Thanks

Expert:  Joshua replied 1 year ago.
Thank you for the above. you have two principal sets of rights - from the warranty and from your rights under the contract. Your rights under the warranty would certainly cover the defective engine but otherwise rights under warranties are relatively limited in that they rarely provide for any compensation to be paid to the customer. You have a much more powerful set of rights in the form of your rights under the Sale of Goods Act 1979 which provides that the car supplied by the dealer must be of satisfactory quality, fit the purpose and as described. From what you say, the car was none of these things if it was supplied with a defective engine.As such, the dealer is in breach of contract for failing to provide a car that meets the above terms and as such is liable to you for any loss you suffer as a result. If they supply you with a replacement car of largely equivalent specification and age, there is no particular loss you can point to in respect of the difference in cars you have been given, however, if they supply you with an inferior car or an older car, you would have a claim for the difference in the relative costs of the two cars for the period in question. So for example if the car you purchased costs say £600/month to lease or finance and the car they supplied ou with costs £400/month to lease you would have a claim to the difference in financing costs of £200. obviously your situation is a little more complicated because it is part finance part cash but the same principles apply.In addition, you can claim your travelling expenses to and from the garage that would otherwise have been unnecessary together with any other out-of-pocket expenses you have incurred as a result of the problems experienced.Essentially aims to pretty back in the position you would have been in financially had the problem not occurred.As to whether the offers they have made you a satisfactory is a question for you guided by the above principles. From what you say, we are essentially talking about two months of lack of use of the car you purchased and therefore you have a potential claim in addition to your out-of-pocket expenses to approximately two months worth of difference in value between the car you have been lent and the car you purchased. If you happen to want the winter wheels and weekend away and they therefore have real value to you, this may not be a particularly bad offer but obviously, it is not the same as hard cash and if you don't particularly want the items offered, you could push for a cash settlement instead or accept the offer in addition to a smaller cash payment or finally, if there is some other equipment the dealer can provide that you do want, ask for this instead.If you are not able to agree a settlement figure or settlement terms, you could bring an action in the County Court to claim damages for breach of contract. I note the you do not propose to do so but for the sake of completeness, if you were to decide to adopt this approach, the simplest way to issue proceedings if you have been unable to agree a settlement with the dealer, is to use because online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcomeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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