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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
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Following an expensive service on my Audi the gearbox is now

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Following an expensive service on my Audi the gearbox is now faulty audi customer service are refusing to help quoting the fact that a previous service over 5 years ago was not done in time (previous) owner.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

I want audi to fix the issue with my gearbox which I believe they are responsible for.

Why are they responsible specifically?
Customer: replied 3 years ago.

It was fine before they serviced it. The fault only developed immediately after servicing.

Is there any evidence that was the cause?
A service doesn't normally involve the gearbox.
Customer: replied 3 years ago.

Every 40000 miles or 5 tears the gearbox oil requires changing. It was previously changed in December 2009 with 42000 miles (different owner) when I brought the car (privately) with 76000 mikes I called audi and they advised another oil change was due so I had it done.

So they changed the oil this time and since that, it has had a fault?

What proof do you have of the earlier oil change?

Is gear oil change noted specifically in service book?

Is this auto?
Customer: replied 3 years ago.

Yes its an auto (cvt box) previous oil changed noted on vehicle service book. However audi are now saying that the then owner declined to have oil changed this contradicts the vehicle service book the conversation I had with audi prior to my service... They told me it was due another... and I have spoken to the previous owner from whom I brought the car and who regularly had it serviced by audi she state she would never decline a recormended service.

Thanks but this isnt clear.
So they changed the oil this time and since that, it has had a fault?Is that it?

Are they refusing to fix it or refusing to pay for the fix?

How much will it cost to fix?
Customer: replied 3 years ago.

Yes that is correct faulty only after most recent oil change. I took it back to them and they stated it now needed a new gearbox and quoted me over six thousand pounds!! I've spoken to customer service and they are now stating that because the original oil change in late 2009 was at 42000 mlies and not done at 40000 miles then there's nothing that they are prepared to do for me. Despite the fact that the car was fine before they recently serviced it.

From what you have said, they are trying it on. If a service interval runs over by 2000 miles, it doesn’t suddenly cause the vehicle to break. Certainly not with an oil change.

It might have made a difference if it went over by 20,000 miles but not by 2000.

However even if that first service had not been done the fact remains that the vehicle was running fine before they did the current job and now it is not. If they knew it would cause a problem doing the later service oil change because the first one was late (I do not accept that at all) then they shouldn’t have carried out the second one and should have advised you so. They should have also advise you of the potential problems.

I will admit that I do find it extremely strange that all they did on this latter occasion is change the oil and yet after the oil change there is a fault. Usually, it’s the other way round and certainly with an automatic gearbox, it will run better after the oil change than before.

At this stage of course they are simply unwilling to do anything or accept any liability other than supply you with a new gearbox. If they simply refuse to do anything else then your only alternative is to take them to court.

As you appreciate, taking this to court could take some time and matters like this routinely don’t get to court for upwards of 12 months. For that reason, and because you are also under a duty to mitigate your loss, the suggested remedy here would be to replace the gearbox or do whatever needs to be done and then to seek the cost of doing that through the courts if the dealer will not pay up.

In my experience, dealers routinely replace units (including a whole gearbox) which could be repaired much cheaper. For that reason, you might want to visit a separate independent gearbox specialist to get an opinion as to whether it does need complete replacement or whether it is repairable and if so the cost.

What you are also going to need is the opinion of an independent specialist to confirm what the problem is and what caused it. This latter point is most important because without independent evidence as to what caused the problem and that the problem was caused by the dealer, then you have no claim to make.

I fully understand that there was nothing wrong with the car when it went in but there is a problem when it came out. Although it seems unlikely, that could be coincidence and that something was on its way out anyway. Sometimes, you drive your car and then stop it and for some reason it won’t start. It’s not necessarily the fault of the car park the car won’t start. The situation that you are in May be the same with regard to the dealer. Only when you get the expert evidence to find out exactly what has caused the problem, will you know whether the dealer is at fault or not and only then will you know whether it’s worthwhile taking the dealer to court or not if the dealer will pay up.

Once you have that evidence and you present it to the dealer, you may find them more willing to deal with this.

Can I clarify anything for you?

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