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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've had notice through today about my Audi - it is one of

Resolved Question:

I've had notice through today about my Audi - it is one of those affected by the EA189 diesel engines.
I'm wondering if I have any rights under the misrepresentation of goods act, and can argue to get a refund on the vehicle?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
How long have you had it please?
Customer: replied 1 year ago.

Hi,

Sorry for the delay in responding. We bought the car in March 2014.

Thanks,

Tom

Expert:  Ash replied 1 year ago.
Its bad news I am afraid, the answer is likely to be no. Unless you can show that the ONLY reason you purchased the car was for the emissions, then no.
This is because the sole reason has to be the emissions. Its unlikely to be that as emissions will be something you will take into account only when purchasing.That means therefore you can't claim under misrepresentation.
They will come out with a fix which you can accept. However if you have to pay extra because its reclassified in terms of road tax, then you could sue for the difference.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Hi Alex,

Thank you, ***** ***** question on this.

Where I was hoping that I may have grounds, is that I bought the car solely based on the power vs fuel economy. Everything I have read to date is that the only fixes they can provide will either dramatically reduce the power of the car, significantly reduce the fuel economy, or a combination of both.

If I don't have the fix applied, it will reduce the value of the car.

Once the fix is offered, does the above change the situation at all?

Thanks,

Tom

Expert:  Ash replied 1 year ago.
Well for the reasons above I dont think you could claim misrepresentation as it is one of many reasons and not the sole reason. If they are to fix it then you are back to where you are so can't claim misrepresentation.
Does that clarify?
Alex
Customer: replied 1 year ago.

That's what I mean thought the "fix" (and potentially this is the incorrect phrase here) re-maps the engine so that my sole reason for buying the car is no longer the same as advertised when buying it - the overall performance will be different - regardless of the combination of the results of power vs economy, the end result will be that the performance of the car will be significantly worse than the figures provided at the point of purchase.

Expert:  Ash replied 1 year ago.
But you would have to show that the ONLY reason was fuel economy. So not the make, model, accessories, drive etc. If you can then you may have a claim for misrepresentation, but I think it would be very hard to win. I will outline the process if you wish:
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex