Another Caveat Emptor Thread - with a slight twist

Another Caveat Emptor Thread - with a slight twist

Author
Discussion

The Mad Monk

10,474 posts

117 months

Thursday 22nd September 2016
quotequote all
You could write a 'letter of intent' to take action in the county court. Then, if no response take him to County Court. Very cheap. If you win - a result. If you lose, it has cost you very little.

CYMR0

3,940 posts

200 months

Thursday 22nd September 2016
quotequote all
The Mad Monk said:
You could write a 'letter of intent' to take action in the county court. Then, if no response take him to County Court. Very cheap. If you win - a result. If you lose, it has cost you very little.
You mean a 'letter before action', don't you?

Lurking Lawyer

4,534 posts

225 months

Thursday 22nd September 2016
quotequote all
CYMR0 said:
You mean a 'letter before action', don't you?
It's "letter of claim" these days....

The Mad Monk

10,474 posts

117 months

Thursday 22nd September 2016
quotequote all
CYMR0 said:
You mean a 'letter before action', don't you?
Didn't I say that???

The Mad Monk

10,474 posts

117 months

Thursday 22nd September 2016
quotequote all
Lurking Lawyer said:
It's "letter of claim" these days....
Obviously.

C70R

17,596 posts

104 months

Thursday 22nd September 2016
quotequote all
The Mad Monk said:
You could write a 'letter of intent' to take action in the county court. Then, if no response take him to County Court. Very cheap. If you win - a result. If you lose, it has cost you very little.
You meant "letter of claim" and "Small Claims Court", didn't you?

anonymous-user

54 months

Thursday 22nd September 2016
quotequote all
To be fair you all knew what he meant and are nit picking.

Hope the cheaper fix works for the OP. In his shoes, if the fix was £800, I'd be happy to get a 50% contribution from the seller. If I were the seller, I'd be happy to get out of the hassle any dispute over this for £400.

Ring the guy up, have a chat and sort it out.

Burwood

18,709 posts

246 months

Thursday 22nd September 2016
quotequote all
janesmith1950 said:
To be fair you all knew what he meant and are nit picking.

Hope the cheaper fix works for the OP. In his shoes, if the fix was £800, I'd be happy to get a 50% contribution from the seller. If I were the seller, I'd be happy to get out of the hassle any dispute over this for £400.

Ring the guy up, have a chat and sort it out.
I think the seller will just think even less chance is going to court. I'd offer it as the court will note the buyers attempt to mitigate but I think only the threat of several thousand will get this prick to play ball

Burwood

18,709 posts

246 months

Thursday 22nd September 2016
quotequote all
chriswg said:
The car was in at the local garage for further investigation yesterday. He has quoted me £830 all in for parts and labour to replace the PCB as per an Audi technical service bulletin. Also interesting was that he called his mate who still works for Audi on the gearboxes. He told him they generally have a 95% success rate with this fix for this problem.

My fingers are firmly crossed, it's booked in for 11th October. I can't help but feel I'm usually the 5% guy!

I've texted the quote to the seller and said we can either sort this out now, at mediation or at small claims court. Over to him now.

I've also instructed my solicitor to draft and send the first letter outlining our intent. Hopefully it will have the desired result and get discussions started.
I have to say Chris that you've done all the right things her and appear to have remained semi sane so far. I sympathise with your predicament immensely and wish you luck. I would be livid and would want to inflict great pain on this asshole

Red Devil

13,060 posts

208 months

Thursday 22nd September 2016
quotequote all
C70R said:
The Mad Monk said:
You could write a 'letter of intent' to take action in the county court. Then, if no response take him to County Court. Very cheap. If you win - a result. If you lose, it has cost you very little.
You meant "letter of claim" and "Small Claims Court", didn't you?
Yes, and no. smile

A Letter of Claim is the technically correct name for a LBA.
However, contrary to what may people seem to think, there is no such thing as a "Small Claims Court".
It is a specific track in a normal County Court to which certain claims are allocated.
http://www.bttj.com/Articles/The-Small-Claims-Trac...
https://www.justice.gov.uk/courts/procedure-rules/...

civiclegend

166 posts

170 months

Monday 26th September 2016
quotequote all
Sorry to hear about your troubles. Whilst I can add nothing to the legal side, I can share my own experience.

I have an early 2010 s4, same engine and box as your s5. I've owned it since 2013. I drove it from the dealer in Geneva straight to the APR man for a remap. It then ran perfectly for about 5000 miles (25k total) when I got the horrible beeeeeep and visual warning, not triggered by any vigorous driving, just mooching about. It didn't make any differencw to the way the car drove so I ignored it after a restart. It occured again a week later, and then more and more regularly - still perfectly driveable, full 400 bhp or so.

At this point I vowed to test my swiss warranty - so got the APR man to remove the map and waited for the error to reappear. This it did, eventually, and without the map I got the horrible cut in power and feeling of helplessness. Audi did sort the problem with a new mechatronic unit, car feel exactly the same to drive again, that is to say slightly clunky 1st gear fm time to time. But no more warnings.

I re-remapped the car. Anyway, a long winded way of saying - check he hasn't had the map removed (which they do free) trying to fruitlessly solve the fault. 2 ways to do this yourself - go and check top speed on autobahn, or much simpler - depress both pedals aa though you were left foot braking. Any modern VAG product will kill power after a second or so, if mapped though it'll just carry on giving drive.

Good luck sir.

chriswg

Original Poster:

34 posts

159 months

Wednesday 28th September 2016
quotequote all
I managed to get a video clip of the error in action. This happened after driving home from work with no problems (circa 15 mins), a quick 5 min rest, then another 5 minute drive. I was stopped at a roundabout and as I pulled away the beeping started, as you can see I'm only giving it minimal power at low speed.

https://www.youtube.com/watch?v=vuQZKSmSSJ4

Gavia

7,627 posts

91 months

Wednesday 28th September 2016
quotequote all
And added child's voice for effect.

Why are you still driving the car if you feel it's so dangerous. Why have you got your kid in there when you mentioned this as something you feel makes the vendor such a tosser.

Where is the loss of power for a minute that you mention in your OP when describing the problem.

Just some questions that you're likely to get asked in court, if you go that far.

anonymous-user

54 months

Wednesday 28th September 2016
quotequote all
Its clearly up the chute. You need a printout or picture of the readout showing it happened before you purchased, and with a video of the passenger filming not you while you're driving!

C70R

17,596 posts

104 months

Wednesday 28th September 2016
quotequote all
Your (indignant) original post:
chriswg said:
He was even happy to let me drive off on along drive with my young kids in the car!
Your most recent post:
chriswg said:
I managed to get a video clip of the error in action.
You can clearly hear a child in the background to that video. Does this mean you've established it's no longer the imminent, horrendous danger you first thought?

anonymous-user

54 months

Wednesday 28th September 2016
quotequote all
C70R said:
Your (indignant) original post:
chriswg said:
He was even happy to let me drive off on along drive with my young kids in the car!
Your most recent post:
chriswg said:
I managed to get a video clip of the error in action.
You can clearly hear a child in the background to that video. Does this mean you've established it's no longer the imminent, horrendous danger you first thought?
Personally I would be indignant having discovered that wouldn't you?
And there area many reasons why the terms where used there's no need to go all Miss Marple

walm

10,609 posts

202 months

Wednesday 28th September 2016
quotequote all
I understood that it was more indignation that you could well be stranded at the side of the road for a while owing to borked car, with young kids. Which is NOT a great scenario.

A car that limits power and goes into limp-home mode isn't really dangerous to anyone is it?

civiclegend

166 posts

170 months

Wednesday 28th September 2016
quotequote all
Driving style has nothing to do with the error, in fact mine would happily take a pounding (sliding about at max rpm on an ice track for instance) all day and then throw its wobbly only when you were parking later. It is the same as my own - so it'll be the mechatronic unit thats gone, and indeed goes on most of the early supercharged cars. Also watch for the coolant temp sender and thermostat. Did you check if it was still mapped?

arfursleep

818 posts

104 months

Thursday 29th September 2016
quotequote all
walm said:
A car that limits power and goes into limp-home mode isn't really dangerous to anyone is it?
It is when it decides to do that when

- you're overtaking on a busy road in rush hour and suddenly you have no power and have to take evasive action to get back into the flow of traffic you've just left before the lorry coming the other way hits you!

- mid-corner when it provokes some lift-off oversteer on a front wheel drive car!

Saab 9-3 circa 2005-6 with a defectively design DPF filter system that would put the car into limp mode if the sensor was "blocked"
Luckily it was a demo so went back ASAP.

anonymous-user

54 months

Thursday 29th September 2016
quotequote all
arfursleep said:
Saab 9-3 circa 2005-6 with a defectively design DPF filter system that would put the car into limp mode if the sensor was "blocked"
...and most BMW's frown