Vehicle Warranty Claim - Need Help

Vehicle Warranty Claim - Need Help

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Trailhead

2,628 posts

147 months

Friday 31st July 2015
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Jay_87 said:
Totally aware that it can be repaired for much cheaper, it only went to Volkswagen for the diagnostic to be done and when I was under the impression the warranty would cover it. I was happy to pay the extra for the labour to have it done at VW.

I have offered the dealer the opportunity to repair it at another garage but his view on the whole situation is that it isn't his responsibility to fix or do anything with the car. This is the issue I'm having, I've got a warranty that won't do anything and a dealer that won't either. Somewhere in the middle is me and a car with a faulty gearbox.
Don't take this the wrong way, but at point of purchase did it not worry you, or at least cross your mind , that a double clutch box would not only not be the best reliability wise and bloody expensive when it does break?

Jay_87

Original Poster:

1,054 posts

204 months

Friday 31st July 2015
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Trailhead said:
Don't take this the wrong way, but at point of purchase did it not worry you, or at least cross your mind , that a double clutch box would not only not be the best reliability wise and bloody expensive when it does break?
I'l be honest it did a little bit but my family/friends have had a few DSG vags. My father in law has had 2 DSG GTI's his first one was an abused company car and it never had any issues and his current MK6 GTI edition 35 has 310bhp and the AMD gearbox map and it has been brilliant in the 2 years he's had that. Another friend of mine has a 380bhp mk5 DSG GTI track car... never gone wrong.

I had read the the horror stories but there are also the people who have had them with 100k plus miles and they've never gone wrong. I just seem to have fallen into that small percentage of people that are having issues with the system.

The point of all of this is all I want to know is who has to fix the car, The dealer, Warranty Wise or me? Surely as the fault occurred within 2 weeks of ownership its down to the dealer to sort it.

Trailhead

2,628 posts

147 months

Friday 31st July 2015
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Jay_87 said:
Trailhead said:
Don't take this the wrong way, but at point of purchase did it not worry you, or at least cross your mind , that a double clutch box would not only not be the best reliability wise and bloody expensive when it does break?
I'l be honest it did a little bit but my family/friends have had a few DSG vags. My father in law has had 2 DSG GTI's his first one was an abused company car and it never had any issues and his current MK6 GTI edition 35 has 310bhp and the AMD gearbox map and it has been brilliant in the 2 years he's had that. Another friend of mine has a 380bhp mk5 DSG GTI track car... never gone wrong.

I had read the the horror stories but there are also the people who have had them with 100k plus miles and they've never gone wrong. I just seem to have fallen into that small percentage of people that are having issues with the system.

The point of all of this is all I want to know is who has to fix the car, The dealer, Warranty Wise or me? Surely as the fault occurred within 2 weeks of ownership its down to the dealer to sort it.
Fair enough.

I had a DSG A3 and that needed mechatronics at around 60k which was covered by warranty. Took it to just under 100k then sold it on. Great boxes, but it worried me everytime I got in it, so swapped back to a manual now.

In your case I would say it's down to the dealer. Is it a one man band / small dealer / reputatable larger dealer? Is it worth filing papers?

Jay_87

Original Poster:

1,054 posts

204 months

Friday 31st July 2015
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Its a father and son business, they have quite a large pitch, office building and photo booth so looks very professional from the outside. About 10 cars for sale when I bought the Golf, nice stuff as well. Nothing below 7k, and they had a very nice Jag XFR, Merc E class, Type R's, VXR's, S3's etc...

I'd be happy if the outcome was that he paid to fix the car. Him taking the car back is a final resort, I bought the car because I liked it, that hasnt changed. I still like it. It just needs a repair that he should put right.

I spoke to a couple of local traders that I know last night and they all said the same, if it was them in that situation they would either repair the car or buy it back.

HB2K

82 posts

106 months

Thursday 13th August 2015
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Followed this with interest but the trail's gone cold. Any news?

Jay_87

Original Poster:

1,054 posts

204 months

Thursday 13th August 2015
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In a bit of a waiting period at the moment. They've signed for one of the 2 letters I sent. So now im just waiting to see if I get a reply. Wednesday next week is the deadline for a reply and if I've not heard anything by that time then I'l take it to the next step which is trading standards and their non member ADR scheme, which is just like someone acting like a middle man and its much cheaper than going to court.

I haven't given up on this that's for sure!

davemac250

4,499 posts

205 months

Thursday 13th August 2015
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I haven't seen it mentioned, but did you use a credit card at all in the purchase?


Jay_87

Original Poster:

1,054 posts

204 months

Wednesday 26th August 2015
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Nope, no credit card. Part ex and debit card

snoopy25

1,865 posts

120 months

Thursday 28th January 2016
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What was the outcome of this jay_87? smile

Jay_87

Original Poster:

1,054 posts

204 months

Friday 29th January 2016
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Not a good one.

I went to see a solicitor and they had previous experience of these sort of claims. They did a bit of digging and put together a case for me. I also had written proof from Volkswagen Leicester that the mechatronic unit is not a serviceable item and should be replaced by the supplying dealer.

Everything seemed to be looking good but I lacked 1 vital piece of information, the guys name. As the solicitor explained it to me because he is a sole trader there are no records with companies house and if I went ahead with court proceedings he would just close the business and go to ground.

I genuinely believe he's done this before to other people and I wont be the last. He is still trading and he trades on PH, that's how I found the car. Should I name and shame? Who knows someone might have had previous dealings with them or I might be able to save someone the same hassle I had.

We tried everything from calling, to employing a tracing agent to try and find out but everything came back negative, we called various companies but due to data protection they couldn't confirm any details. I even bought a copy of the title deeds to what we thought might be the home address and the address of where dealership is and that just made it more of a grey area.

We rang local business around the area and the MOT station across the road, all gave the same response, they didn't really know him, or they hadn't seem him for a while.

The long and short of it that I got royally shafted and ended up buying a duff car. Not something I was particularly proud of being as I spent 7 years working as a vehicle inspector and was trained to BVRLA and higher standards, I can usually spot every defect on any car my friends or family might buy but missed everything on the one I bought....

Its was a horrible situation to be put in and I when I found that Warranty Wise wouldn't be paying out for the repairs my heart literally sank, I'm only 28, a home owner and I'd just plunged my entire savings and 3k of my father in laws into a car that was broken. I didn't really know how to go about getting my money back or getting it repaired. I think my laid back approach to life has helped me massively though the entire process.

Honestly... I wasn't surprise it came to nothing, a part of me always thought I wouldn't succeed but I had to at least try, but life goes on and its only money at the end of the day, there's worse things happening in the world.

So the outcome. The car was sat on my drive for 6 months doing nothing and I had a decision to make, sell as is, bodge it and sell or do the car justice and get it back how I want it.

This picture should tell you which route I've gone down.

Untitled by Jay Hardy, on Flickr

I was a bitter pill to swallow but I had to move on from it and do something with the car, I've been driving round in a £400 Ford Puma since August and its doing my head in, my wife calls it the "poor car" and it is a bit of a nail.

I made the decision to fix the car properly, do a thorough job and then that way I know it will be right for years to come.... obviously a few modifications are being done at the same to liberate a bit more performance from what is already my favourite car I've owned even though I only had 3 weeks with it on the road.

Even though I've been through the s**t with this car I'm getting a lot of satisfaction doing the work on it. I'm enjoying the process of learning a new car and getting under the skin of it.

I'l be keeping my project thread up to date here - http://www.pistonheads.com/gassing/topic.asp?h=0&a...

dave_s13

13,814 posts

269 months

Monday 1st February 2016
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Read your other thread with interest.

I just can't believe that the only reason you cannot take action against the trader is simply not knowing his name?

Can you link to one if there current cars for sale, maybe somebody on here, or another forum knows who runs the place.

It does look like you may have removed all chance of recourse now though give its in bits. Nice car anyway and at least it'll be spot on when you've finished. Good luck.

nikaiyo2

4,728 posts

195 months

Monday 1st February 2016
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dave_s13 said:
I just can't believe that the only reason you cannot take action against the trader is simply not knowing his name?

Because the individual is the legal entity that the OP entered into an agreement with. A sole trader is a person, Joe Blogs or whatever, sttycarsRUZ does not exist it is a trading style of that person, so if you cant find the person there is "nothing" to take action against.

In cases like this even if you track him down, he will have £300 in the bank and everything else will be his wife's, and you will almost certainly find there are a string of unsatisfied CCJs etc.

Bergs

203 posts

176 months

Monday 1st February 2016
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^ exactly.

We'd love to name and shame them so that no one else has to deal with this **** ever again but we all know the rules!

Reading some reviews posted recently on a review site they haven't yet learnt their lesson. I'd love to think that even though we've been unable to go any further that someone else just might.



Jay_87

Original Poster:

1,054 posts

204 months

Thursday 4th February 2016
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nikaiyo2 said:
Because the individual is the legal entity that the OP entered into an agreement with. A sole trader is a person, Joe Blogs or whatever, sttycarsRUZ does not exist it is a trading style of that person, so if you cant find the person there is "nothing" to take action against.

In cases like this even if you track him down, he will have £300 in the bank and everything else will be his wife's, and you will almost certainly find there are a string of unsatisfied CCJs etc.
This is exactly the case, the whole system is a shambles and set up to protect them. The company is registered with Warranty Wise and other companies but due to data protection they wont release or confirm any details.

If I took them to court the company would close and I'd be left with court fees and all sorts.

djneils98

301 posts

150 months

Thursday 4th February 2016
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Sheepshanks said:
spaximus said:
It is my opinion that all these aftermarket warranties are basically not worth the paper they are written on. Sure they will pay odd claims that they can use, but in the main they avoid paying.

Our fleet of vans at 80000 miles are suffering from timing chain failure, you would think they are covered, but no wear and tear is the one we are arguing with at present.

I can understand why they want to fight, £4.5k repair on a van worth £5k is bonkers but that is why we took them out.
Warranty Direct just paid in full, at franchise dealer rates, for two suspension arms on my near 11yr old Merc. No excess and no betterment charge. Banked the cheque (£460) yesterday.
and they paid out £320 for an in-tank fuel pump on my 11yr old V70 without any hassle