Solicitor to sue an Audi dealer
Discussion
silentbrown said:
Two hopes, etc...
There's a mahoosive and long-running thread here on B8 S4's. Great cars (Mine's coming up to it's 9th birthday this year) - but the DSG box on early cars is a weak spot, and regular DSG oil changes are essential (every 35-40K - and they're NOT automatically done).
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Sorry, but buying a 2009 S4 with a known gearbox fault is monumentally rash.
The car was well maintained with a full main dealer service history from new with everything they ever said needed doing having been done. When you tell the dealer you are considering buying the car and wanting to reassure yourself that what they have said in their report will fix the gearbox and they say yes it will, I don't think it unreasonable to rely on that. Buying it without speaking to the garage would have been rash. There's a mahoosive and long-running thread here on B8 S4's. Great cars (Mine's coming up to it's 9th birthday this year) - but the DSG box on early cars is a weak spot, and regular DSG oil changes are essential (every 35-40K - and they're NOT automatically done).
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Sorry, but buying a 2009 S4 with a known gearbox fault is monumentally rash.
Edited by silentbrown on Monday 5th February 17:51
When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
davidcw58 said:
silentbrown said:
Two hopes, etc...
There's a mahoosive and long-running thread here on B8 S4's. Great cars (Mine's coming up to it's 9th birthday this year) - but the DSG box on early cars is a weak spot, and regular DSG oil changes are essential (every 35-40K - and they're NOT automatically done).
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Sorry, but buying a 2009 S4 with a known gearbox fault is monumentally rash.
The car was well maintained with a full main dealer service history from new with everything they ever said needed doing having been done. When you tell the dealer you are considering buying the car and wanting to reassure yourself that what they have said in their report will fix the gearbox and they say yes it will, I don't think it unreasonable to rely on that. Buying it without speaking to the garage would have been rash. There's a mahoosive and long-running thread here on B8 S4's. Great cars (Mine's coming up to it's 9th birthday this year) - but the DSG box on early cars is a weak spot, and regular DSG oil changes are essential (every 35-40K - and they're NOT automatically done).
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Sorry, but buying a 2009 S4 with a known gearbox fault is monumentally rash.
Edited by silentbrown on Monday 5th February 17:51
When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
davidcw58 said:
The car was well maintained with a full main dealer service history from new with everything they ever said needed doing having been done. When you tell the dealer you are considering buying the car and wanting to reassure yourself that what they have said in their report will fix the gearbox and they say yes it will, I don't think it unreasonable to rely on that. Buying it without speaking to the garage would have been rash.
When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
Keep digging that hole.When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
davidcw58 said:
The car was well maintained with a full main dealer service history from new with everything they ever said needed doing having been done. When you tell the dealer you are considering buying the car and wanting to reassure yourself that what they have said in their report will fix the gearbox and they say yes it will, I don't think it unreasonable to rely on that. Buying it without speaking to the garage would have been rash.
When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
No doubt all true, but how much of that do you have proof of? (letters, e-mails). If you have no evidence you can't go to law (unless you're claiming that Donald Trump touched your leg in 1984). You need to scrape up all the information you have, put it in order then think 'Does this make a provable case?' You may be angry, but anger doesn't count.When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
davidcw58 said:
The car was well maintained with a full main dealer service history from new with everything they ever said needed doing having been done. When you tell the dealer you are considering buying the car and wanting to reassure yourself that what they have said in their report will fix the gearbox and they say yes it will, I don't think it unreasonable to rely on that. Buying it without speaking to the garage would have been rash.
When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
Did you ask for and pay for a PPI with full documentation? When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
As for your last sentence, you're contemplating suing someone for work that was done on behalf of and paid for by someone else. Really?
President Merkin said:
Lot of people in here think this is crown court or something. Given the sums involved, it's a Money claim online matter. The guy can lodge a claim for a sliding % of his claim, it's not very expensive. Three thngs happen, he either wins if they admit it, they contest it & you have to go & sit in front of a judge & from there they either turn up or dont'. If they don't, you win by default. If they do, the judge listens to both sides & comes to a decision.
And the third thing is you win & have to get the money out of them, which isn't a given & can end up with baillifs, court enforcement guys or similar.
Whether it's worth bopthering with is a separate matter. I would expect Audi to just boot it out to legal who'll file a boiler plate denial & you end up in the judges office, arguing the toss but the idea they're going to instruct Runpole is hilarious.
Or Rumpole?And the third thing is you win & have to get the money out of them, which isn't a given & can end up with baillifs, court enforcement guys or similar.
Whether it's worth bopthering with is a separate matter. I would expect Audi to just boot it out to legal who'll file a boiler plate denial & you end up in the judges office, arguing the toss but the idea they're going to instruct Runpole is hilarious.
Have to admit I would be quite happy to see an Audi dealer get a good kick in the gonads but taking any kind of legal action is time consuming, stressful with no guarantee.
I understand you feel aggrieved but buying a car with a known fault is a risk, you tried to mitigate this to an extent but have come unstuck.
No doubt you negotiated the price of the car down so rather than putting yourself through the mill maybe just get rid of the car and mitigate your losses.
Threats of legal action are water off a ducks back to a dealer, they probably hear that once a week but feel free to self-flagellate yourself.
I understand you feel aggrieved but buying a car with a known fault is a risk, you tried to mitigate this to an extent but have come unstuck.
No doubt you negotiated the price of the car down so rather than putting yourself through the mill maybe just get rid of the car and mitigate your losses.
Threats of legal action are water off a ducks back to a dealer, they probably hear that once a week but feel free to self-flagellate yourself.
A fool and his money will soon be "partying" or something similar
You do not have a hope in hell and will lose loads of money in a vein attempt to win a case.
save the money you will give to solicitors etc get the car seen by another independent and move on with your life,
Anyone suggesting going to court does not have your interests at heart.
You do not have a hope in hell and will lose loads of money in a vein attempt to win a case.
save the money you will give to solicitors etc get the car seen by another independent and move on with your life,
Anyone suggesting going to court does not have your interests at heart.
Edited by VTC on Monday 5th February 21:14
Forester1965 said:
The Audi dealership was commissioned by the previous owner. I'd guess you lack standing to bring a claim in the first place.
I'd also say you have a problem proving negligence or breach of contract, as they were hired to service/repair, rather than provide an inspection you would rely upon to purchase the vehicle.
Then you're going to find yourself paying for an expert report which will be both expensive and need to contradict the Audi dealership. Then you're going to pay for a lawyer who will likely cost you more in an hour than you can claim back on the fast track, even if you win. If you're unlucky the technical complexity of the case would be sufficiently difficult that it falls out of the fast track and you're then on the hook for your own and the Audi dealers costs, which if litigated would dwarf the value of your claim.
I'd sell the Audi and move on.
I'm at the start of a claim with my sister against a 3rd party, I can't go into details on here ..I'd also say you have a problem proving negligence or breach of contract, as they were hired to service/repair, rather than provide an inspection you would rely upon to purchase the vehicle.
Then you're going to find yourself paying for an expert report which will be both expensive and need to contradict the Audi dealership. Then you're going to pay for a lawyer who will likely cost you more in an hour than you can claim back on the fast track, even if you win. If you're unlucky the technical complexity of the case would be sufficiently difficult that it falls out of the fast track and you're then on the hook for your own and the Audi dealers costs, which if litigated would dwarf the value of your claim.
I'd sell the Audi and move on.
We have a pretty watertight claim, it's about as open and shut as you can get given the evidence we have, or put another way, the 3rd party don't have a leg to stand on.
To be safe though we're going with a no win no fee solicitor.
It is very unlikely the claim will get to court, as we suspect the 3rd party will settle before then.
They have advised we take out a Conditional Fee Agreement supported by an ATE policy in the case we did lose - to protect us against legal fees.
To give you an idea of the kinda costs that can be involved, they recommended we take out cover for £250000.
davidcw58 said:
silentbrown said:
Two hopes, etc...
There's a mahoosive and long-running thread here on B8 S4's. Great cars (Mine's coming up to it's 9th birthday this year) - but the DSG box on early cars is a weak spot, and regular DSG oil changes are essential (every 35-40K - and they're NOT automatically done).
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Sorry, but buying a 2009 S4 with a known gearbox fault is monumentally rash.
The car was well maintained with a full main dealer service history from new with everything they ever said needed doing having been done. When you tell the dealer you are considering buying the car and wanting to reassure yourself that what they have said in their report will fix the gearbox and they say yes it will, I don't think it unreasonable to rely on that. Buying it without speaking to the garage would have been rash. There's a mahoosive and long-running thread here on B8 S4's. Great cars (Mine's coming up to it's 9th birthday this year) - but the DSG box on early cars is a weak spot, and regular DSG oil changes are essential (every 35-40K - and they're NOT automatically done).
https://www.pistonheads.com/gassing/topic.asp?h=0&...
Sorry, but buying a 2009 S4 with a known gearbox fault is monumentally rash.
Edited by silentbrown on Monday 5th February 17:51
When they did the original report they were told the car was being sold and they were to report on what work needed doing.
I consider they had a duty of care and that is the main basis I shall claim on. The other basis is poor quality work. Some that failed inside the warranty period and some outside.
I think you’ll need a bit of this case David …
Is it definitely a 'G626' sensor? As that doesn't seem to throw up any results online.
Edit: Looks like its G676.
This lot are very well regarded for gearbox repairs
https://milta.co/
Edit: Looks like its G676.
This lot are very well regarded for gearbox repairs
https://milta.co/
Edited by Tony_T on Tuesday 6th February 05:27
Edited by Tony_T on Tuesday 6th February 05:36
Simpo Two said:
Not quite; if they don't pay, escalate it to the High Court. It's the easiest part of all and very effective.
WHat I mean is you should not assume a win = a cheque. I've been in the situation several times in business & had to send matters to enforcement. The mechanisms are one thing, human nature is another.Tony_T said:
Is it definitely a 'G626' sensor? As that doesn't seem to throw up any results online.
Edit: Looks like its G676.
This lot are very well regarded for gearbox repairs
https://milta.co/
Sorry - yes it's the G676 sensor. Edit: Looks like its G676.
This lot are very well regarded for gearbox repairs
https://milta.co/
Edited by Tony_T on Tuesday 6th February 05:27
Edited by Tony_T on Tuesday 6th February 05:36
Thanks for the suggestion about Milta. After many phone calls I had found someone very competent who wasn't crazy money but i'll certainly give Milta a call to see what they would charge.
Austin_Metro said:
Thank you! Part of my degree decades ago was contract/tort law and the moment I saw Hedley Byrne v Heller a bulb went on! I had forgotten the details but i'm glad to see it affirms what I have been saying.
Certainly all of my professional career I have worked on the basis that if I am giving any advice to someone, friend or client, paid or not, then I need to be careful because people may rely on that advice I therefore have a liability.
Edited by davidcw58 on Tuesday 6th February 07:55
Forester1965 said:
Somebody kind might want to give Milta a heads up. Not sure I'd want to work on something for someone highly litigious over principles.
What a stupid comment. I am not highly litigious. My claim is perfectly valid and I have tried hard to sort it out with the garage. It is their refusal to accept any responsibility that has p**sed me off. The senior person at the dealership I am now dealing with has only been in the job a few weeks though so maybe has to demonstrate he's a tough cookie Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff