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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I am in dispute with a car dealer ship regards warranty on

Customer Question

hi i am in dispute with a car dealer ship regards ***** ***** my second hand car and i really need someones help please?
Submitted: 2 months ago.
Category: Law
Expert:  propertylawyer replied 2 months ago.


Please can you let me have full details so that I can assist.

Customer: replied 2 months ago.
good afternoonI brought the car less than 3 months ago from Kempshot performance cars, in Basingstoke. When i collected the car the battery was dead, due to, what the garage said, the stereo was being reset and the ignition needs to be on for an hour. Ok i thought, once the car was started I drove home the 1.5 hours. While driving home the radio turned on but did not tune in, after putting the code in, BUT the satnav didn’t work either.The car also developed a fault on the way home regards ***** ***** management light coming on. I called the garage who said bring it back and they would sort it out. I drove the car to my local garage who plugged it in to the diagnostics machine, and the codes related to a lamber sensor.
When i told the dealer this, they instructed me to go to their garage called Elite cars and they would sort both issues.Which they did i was more than happy. What i did notice before the car was in the garage, was the service was due in 20 miles. strange i thought as the dealer would have serviced this but, i thought, don’t worry i will get this completed once the work had been carried out.When i collected the car 1 week later, the work was spot on, the light had gone out and the stereo/satnav were working.the service reminder had gone out and was reset to “service due in 10,000 miles” strange i thought as they hadn’t serviced the car but had rest the service reminder. So 2 days later i booked it in to my local Bosch Dealer garage, who have carry out servicing on high performance cars all the time with no issues.Oil and filter service carried out and an engine flush. the flush was carried out as the garage said there was a valve code showing on the diagnostics so a flush should relieve this carbon issue build up. Ok i thought i am not an expert you are, so please carry on.200 miles later and the engine starts to make a funny rattle sound from the near side. i stopped the car immediately and called the garage, they recommended a recovery and an investigation.I called my dealer, whom i purchased the car from and they instructed taking it back to Elite cars who will look at it for me. 1 week later and they have told me today that:“due to the engine being flushed, a none genuine oil filter being used (didn’t know that) they are not covering this under the warranty. The main issue is the chain tensioners. They are unsure until the car is stripped down how many are faulty and the final cost BUT it will be my cost not theirs.”I spoke with my garage who did the service and they have said that they do this all the time to cars of this age and this would not have caused the issue.since then Kempshot cars, have spoken to Audi in Basingstoke and they have emailed the below:From: Phil Ruddick
Sent: 27 July 2016 10:35
Subject: rs6
Hi Vinnie,
I can confirm that we will not use engine flush in any high performance engine, we would strip it down and clean it.
We do use an engine flush but rarely and never in anything above two litre or turbo charged.
Very best regards
Phil Ruddick
Assistant Parts Manager
Basingstoke Audi
T: 01256 307500
F: 01256 307501
E:***@******.***So i really need to understand, where i stand on this?thank you very much for listening to me go on, but as you can imagine i am very upset and need to have a car that works and a car that i have paid for!Kind regards***** *****
07710 098476
4 meadow close
Expert:  propertylawyer replied 2 months ago.

Thanks for the additional information. I have been unable to find an answer to your question. I will opt out to allow another expert to assist.

Expert:  Ash replied 2 months ago.

Hello my Name is ***** ***** I will help yu.

What is it you want to achieve?

Customer: replied 2 months ago.
Alexthank you for getting back to me. What I'd like is the dealer ship to pay for the repairs because I do not think, I or the garage that carried out the service, have done anything wrong.The dealership have not supplied me with a copy of the warranty documentation. They have not provided any evidence to say that my car engine should not have been flushed. all they have provided is an email from a parts department, from a local Audi dealer. this to me is not sufficient to say they are not covering the cost on the warranty.I really need help to understand where I stand and what they should provide to say they are not covering it please?If the recipt for the flush and service were not in the service Log book, I feel they would have repaired the issue, it seems to me that they are trying to wriggle out of this as it is a lot of money. The dealership have offered to cover the first 10 hours of labour as a gesture of good will!! why????? if they are not at fault why would they do this?it all seems wrong and I am at the loosing end really.thanks
Expert:  Ash replied 2 months ago.

You need to write and set out your losses and request they do the work for free a refund of that cost 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 you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 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?


Customer: replied 2 months ago.
AlexThanks. do I need to ask for any documentation from them to say why they are not covering the repair?
Expert:  Ash replied 2 months ago.

That would help but it is not necessary.

Does that clarify? Alex

Customer: replied 2 months ago.
AlexSorry I'm still a little unsure. So as the car has not had any work carried out on it as yet. Am I right in saying that, I send them a recorded letter, stating they should carry out the work under the warranty? If they do not do this then I will be pursuing them through the courts?I'm happy to do this but what if they say no? I assume I have to pay for it and then claim it back through court?Is there a standard letter as such to send?Thanks
Expert:  Ash replied 2 months ago.

Correct! If they say no then you sue through the Court.

There may be templates online if you look

Can I clarify anything else?

Customer: replied 2 months ago.
ok i will do just that. thank you
Expert:  Ash replied 2 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Alexsorry I need another quick question answering please? I sent an email to Audi uk regards ***** ***** flush and if they would do this or not. the dealership are saying they will not cover the warranty work due to the flush being carried out. so I wanted 100% proof from Audi on this.
Audi have now come back to me and said they would NOT do the flush, as per the email from the parts department at Audi BasingstokeSo where do I stand now???? clearly the dealership are not going to be cover this now as Audi have 100% I go back to the local garage that carried out the flush and ask them to pay up?I really am at a loss
Expert:  Ash replied 2 months ago.

Yes go back to the dealer. Alex

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