Vehicle Warranty Claim - Need Help
Discussion
Ok.. So I bought a Golf GTI Edition 30 DSG from the PH classifieds from a trader at the end of June, it came with 3 months extended warranty through warranty wise. On the drive back I noticed the air con wasn't working, had it re gassed and after a couple of days its blew all the gas/fluid out of the condenser. Got the car into a local garage and we found that one of the hoses has had its retaining bolt cut away so the pipe was only pushed into place, the pressure in the system had caused it blow out.
After 2 weeks of ownership the car went into limp mode, the PRNDS lights on the dash started to flash, slowed the car and it wouldn't shift down, when I stopped it clunked through 2nd and into 1st. Turned the car off and back on and managed to limp it the last 1/2 mile down the road to my house.
Called the garage I bought it from, they said they that needed so sort my warranty out - (at point of sale it wasn't made clear it was through warranty wise, the way they described it was as if they warranted it themselves) So after a couple of days I got the warranty paperwork through. Gold Cover warranty wise.
Called warranty wise and explained the issues and they told me to take it to a garage of my choice so I chose Leicester Volkswagen, a friend of mine is a technician there and I wanted a proper main dealer health check on the car.
They found the car to require replacement of the DSG Mechatronic unit £2500. Replacement of A/C condenser £500. Replacement of damaged A/C pipe work that had been cut, they also noted that the other A/C pipe had been bent in such a way that it was pressing hard against the radiator fan which was causing to not operate at all.
Warranty wise have rejected the work for these reasons: (extract taken from the email they sent me and VW)
1) Mechatronic Unit
However we are of the opinion as your repairer has stated that the vehicle is slightly jerking in gear. that the requested parts
have not suffered a sudden and unexpected mechanical or electrical breakdown as defined in your warranty booklet but is
suffering from wear and tear. Unfortunately parts which have not suffered a sudden failure as defined and parts which are
suffering from wear and tear within the first 30 days or 1000 miles are specifically excluded.
2) Air Conditioning
Your repairer has also requested to replace the air conditioning condenser as the bolt which holds the pipe into the condenser,
has been cut. We are therefore of the opinion the condenser has not suffered a sudden unexpected breakdown as defined.
We are also of the opinion that these would have likely been in development prior to plan inception.
I've also spoken to the garage I bought the car from and they are saying that warranty wise should be paying for the vehicle to be repaired. This isn't going to happen as Warranty wise have already stated they wont pay.
I feel like im stuck between a rock and hard place and I have no idea what to do next.
My own feeling is that I shouldn't have to spend a penny to get this car repaired. What I'd like is for the garage to either take the car back and refund me or repair the car to a high standard in a garage of my choosing.
On both occasions I rang the garage straight after the issues occurred and they had no interested in the air con fault it was only at the mention of the gearbox did they begin to sort any sort of warranty out.
Any help or advice is greatly appreciated.
After 2 weeks of ownership the car went into limp mode, the PRNDS lights on the dash started to flash, slowed the car and it wouldn't shift down, when I stopped it clunked through 2nd and into 1st. Turned the car off and back on and managed to limp it the last 1/2 mile down the road to my house.
Called the garage I bought it from, they said they that needed so sort my warranty out - (at point of sale it wasn't made clear it was through warranty wise, the way they described it was as if they warranted it themselves) So after a couple of days I got the warranty paperwork through. Gold Cover warranty wise.
Called warranty wise and explained the issues and they told me to take it to a garage of my choice so I chose Leicester Volkswagen, a friend of mine is a technician there and I wanted a proper main dealer health check on the car.
They found the car to require replacement of the DSG Mechatronic unit £2500. Replacement of A/C condenser £500. Replacement of damaged A/C pipe work that had been cut, they also noted that the other A/C pipe had been bent in such a way that it was pressing hard against the radiator fan which was causing to not operate at all.
Warranty wise have rejected the work for these reasons: (extract taken from the email they sent me and VW)
1) Mechatronic Unit
However we are of the opinion as your repairer has stated that the vehicle is slightly jerking in gear. that the requested parts
have not suffered a sudden and unexpected mechanical or electrical breakdown as defined in your warranty booklet but is
suffering from wear and tear. Unfortunately parts which have not suffered a sudden failure as defined and parts which are
suffering from wear and tear within the first 30 days or 1000 miles are specifically excluded.
2) Air Conditioning
Your repairer has also requested to replace the air conditioning condenser as the bolt which holds the pipe into the condenser,
has been cut. We are therefore of the opinion the condenser has not suffered a sudden unexpected breakdown as defined.
We are also of the opinion that these would have likely been in development prior to plan inception.
I've also spoken to the garage I bought the car from and they are saying that warranty wise should be paying for the vehicle to be repaired. This isn't going to happen as Warranty wise have already stated they wont pay.
I feel like im stuck between a rock and hard place and I have no idea what to do next.
My own feeling is that I shouldn't have to spend a penny to get this car repaired. What I'd like is for the garage to either take the car back and refund me or repair the car to a high standard in a garage of my choosing.
On both occasions I rang the garage straight after the issues occurred and they had no interested in the air con fault it was only at the mention of the gearbox did they begin to sort any sort of warranty out.
Any help or advice is greatly appreciated.
Edited by Jay_87 on Monday 27th July 13:30
I already have a letter that ive typed up referring to the SOGA which has dates, issues, costs involved etc.
It basically says money back or see you in court... but in a much more legal way.
I just wanted to make 100% sure that im right in thinking that this isnt my issue to pay for and to see if there was any other options I had before going down the SOGA route
It basically says money back or see you in court... but in a much more legal way.
I just wanted to make 100% sure that im right in thinking that this isnt my issue to pay for and to see if there was any other options I had before going down the SOGA route
Breadvan72 said:
What does "in a much more legal way" mean? Answer: nothing!
Use plain English. There is no need for bizarre linguistic convolutions, and no need to adopt the writing style of a tallow chandler in the 1830s inviting business from a Dowager Countess. If you want me to look at the letter before you send it, PM me, but keep it short, please!
When I say legal way there's nothing confusing or jargon, its simple and to the point, I just meant its a little bit more than "money back or court"Use plain English. There is no need for bizarre linguistic convolutions, and no need to adopt the writing style of a tallow chandler in the 1830s inviting business from a Dowager Countess. If you want me to look at the letter before you send it, PM me, but keep it short, please!
Just states facts, and dates more than anything. Happy for a second opinion on it though.
Hooli said:
I thought 'major issues' are deemed to be be pre-existing if found within six months. Of course, are these faults major?
I would say a combined repair bill that comes to £3996.48 could well be called major faults.Another thing, would I be correct to ask for the costs of the diagnostics to be paid for by the dealer I bought the car from as well, I was under instruction to get the car into a garage of my choosing by warranty wise for the diagnostics.
^^^ This is my thoughts but....
It looks like I might actually be getting somewhere with this, Warranty Wise's basis for rejecting the claim was that the VW report was in a sort of grey area, leaving it open to interpretation. They have since reworded it and resent to in to basically confirm that the mechatronic unit is not a serviceable item and does not suffer from wear and tear and the vehicle suffered an "unexpected and mechanical breakdown"
WW will now review the claim and its looking likely that they'll pay out for it.
Its taken some doing, alot of phone calls and some perseverance but it finally seems im getting somewhere with it now.
It was never my first choice to chase this down the SOGA route but I had to have a back up plan should it come to it, fingers crossed i'l have my Golf back very soon.
I can see the points of both the supplying dealer and WW... neither of them seemed to see my point though. Just hoping this is the first steps to getting it sorted.
It looks like I might actually be getting somewhere with this, Warranty Wise's basis for rejecting the claim was that the VW report was in a sort of grey area, leaving it open to interpretation. They have since reworded it and resent to in to basically confirm that the mechatronic unit is not a serviceable item and does not suffer from wear and tear and the vehicle suffered an "unexpected and mechanical breakdown"
WW will now review the claim and its looking likely that they'll pay out for it.
Its taken some doing, alot of phone calls and some perseverance but it finally seems im getting somewhere with it now.
It was never my first choice to chase this down the SOGA route but I had to have a back up plan should it come to it, fingers crossed i'l have my Golf back very soon.
I can see the points of both the supplying dealer and WW... neither of them seemed to see my point though. Just hoping this is the first steps to getting it sorted.
The AC I plan to look into further, it's not something I'm happy with but I had planned to fix it myself. It's something I can easily repair at home/work without buying any new parts.
If I can get something from the dealer then that's a bonus. I'l just be happy if the DSG gets sorted. Waiting to hear what WW say tomorrow.
If I can get something from the dealer then that's a bonus. I'l just be happy if the DSG gets sorted. Waiting to hear what WW say tomorrow.
Right update.
Warranty Wise have rejected the claim on ground that it must be a pre existing fault.
I have now spoken to the supplying dealer and he is rejecting to take the car back or fix it, no reason other than "you cant just return a car"
Whats my next step? Do I now need to send a letter requesting my money back within 7 days and the car collected? Or is there other steps I need to take first.
Warranty Wise have rejected the claim on ground that it must be a pre existing fault.
I have now spoken to the supplying dealer and he is rejecting to take the car back or fix it, no reason other than "you cant just return a car"
Whats my next step? Do I now need to send a letter requesting my money back within 7 days and the car collected? Or is there other steps I need to take first.
4k is the total cost of the repairs.... car was £8995
Ive looked at the which website, was quite helpful ive printed the letter I wront yesterday and i'l be sending it via signed for delivery this evening. It basically states he has 7 days in which to reply and offer me a full refund or court proceedings will start against him.
Ive spoken to WW... very helpful company in all honesty. Explained the timeline and events that occurred and they believe he's tried to pull a fast one, sold a car with an issue in the hope WW will fix it. It didnt add up that when the warranty was only taken out on the 14th July... The day after I reported the issue with the gearbox. (car was purchased on 28 June)
Volkswagen Leicester, again very very helpful, they have put a full report together of their findings and also put in writing that the mechatronic unit is not a wear and tear item and therefore should be covered by either WW or the supplying dealer.
Im going to collect the car tonight and leave it on my driveway.
....I have a feeling this will end up in court.
Ive looked at the which website, was quite helpful ive printed the letter I wront yesterday and i'l be sending it via signed for delivery this evening. It basically states he has 7 days in which to reply and offer me a full refund or court proceedings will start against him.
Ive spoken to WW... very helpful company in all honesty. Explained the timeline and events that occurred and they believe he's tried to pull a fast one, sold a car with an issue in the hope WW will fix it. It didnt add up that when the warranty was only taken out on the 14th July... The day after I reported the issue with the gearbox. (car was purchased on 28 June)
Volkswagen Leicester, again very very helpful, they have put a full report together of their findings and also put in writing that the mechatronic unit is not a wear and tear item and therefore should be covered by either WW or the supplying dealer.
Im going to collect the car tonight and leave it on my driveway.
....I have a feeling this will end up in court.
Torquey said:
Don't take any of this as gospel but I thought every dealer had an obligation to ensure the vehicle was fit for purpose for up to 3 months after the sale?
They don't have to (and I wouldn't expect them to) give you a refund but they are obliged to repair the car for you. This is the route you should take.
As for the air conditioning - if that was stated in the advert then it must/should work.
Yeah car was advertised with climate control. Im going to push for a refund in the hope that comes off, I would happily accept the vehicle being repaired but I just worry about what else could be wrong with it to be honest. For my own peace and mind and a resolution to this id like to be refunded.They don't have to (and I wouldn't expect them to) give you a refund but they are obliged to repair the car for you. This is the route you should take.
As for the air conditioning - if that was stated in the advert then it must/should work.
It hasnt put me off VW's or DSG gearboxes, If this one goes I'l be back on the hunt for another one.
It's whole delayed warranty thing that stinks the most. The last registered keeper of the vehicle was the trader. Acquired the car on 15.4.15 not as a trader but as the owner.
I suspect he's bought the car for himself, found out there are a few issues with it and decided to sell it on via his business in the hope nothing would be picked up. I've made the phone call to report both a/c and gearbox issues. The dealer has had a little panic and rushed through to get the WW cover on the vehicle.
I've contacted breadvan already, he's very kindly offered some advice and I'm just waiting on a rely from him.
It's a very bizarre and new situation I find myself in. Normally I buy private and cheap cars. Most expensive car I've bought and its biting me on the ass pretty hard!
I can see why a lot of people wouldn't see a claim like this through, the stress of the last 5 days has worn me out. Fortunately I have very understanding bosses who have let me spend the last 2 days glued to the phone and the Internet, I've been refreshing this thread every 10 minutes in the hope of more replies!
I suspect he's bought the car for himself, found out there are a few issues with it and decided to sell it on via his business in the hope nothing would be picked up. I've made the phone call to report both a/c and gearbox issues. The dealer has had a little panic and rushed through to get the WW cover on the vehicle.
I've contacted breadvan already, he's very kindly offered some advice and I'm just waiting on a rely from him.
It's a very bizarre and new situation I find myself in. Normally I buy private and cheap cars. Most expensive car I've bought and its biting me on the ass pretty hard!
I can see why a lot of people wouldn't see a claim like this through, the stress of the last 5 days has worn me out. Fortunately I have very understanding bosses who have let me spend the last 2 days glued to the phone and the Internet, I've been refreshing this thread every 10 minutes in the hope of more replies!
That was to be my first port of call, when it went into VW on the 23rd I said to the garage it is due a service so it might just need that doing.
The master technician that inspected the car said it was beyond just having the service and required the mechatronic unit to be changed. A service might mask the problem slightly but it certainly wont cure it
I posted my letter off to the dealership last night explaining that i'd like a full refund, just need to wait and see what, if any, reply I get.
The master technician that inspected the car said it was beyond just having the service and required the mechatronic unit to be changed. A service might mask the problem slightly but it certainly wont cure it
I posted my letter off to the dealership last night explaining that i'd like a full refund, just need to wait and see what, if any, reply I get.
Thats the best thing about all of this, had he been honest and just paid for the warranty in the first place, the likely hood is that Warranty Wise would have covered the repair of the car, he has literally shot himself in the foot.
I am confident of getting a result, im meeting with a friends dad who is a magistrate on saturday to get some advice on what to do next, he agrees that I am well within my rights to ask for a refund so that helps.
I declared the car as SORN yesterday so its now sat down the side of my house gathering dust, that way there is no dispute over whether ive been using it or not. Didnt realise just how big a Golf was until I had to squeeze it in my my Ford Puma lives.
In other news... Is anyone a chiropractor? Ive been using my track car to get around in for the last week and getting in and out of a fixed back bucket seat is starting to take its toll on my spine. Time for a look through the classifieds I think to find a sub 1k car I can run around in until this has worked itself out.
I am confident of getting a result, im meeting with a friends dad who is a magistrate on saturday to get some advice on what to do next, he agrees that I am well within my rights to ask for a refund so that helps.
I declared the car as SORN yesterday so its now sat down the side of my house gathering dust, that way there is no dispute over whether ive been using it or not. Didnt realise just how big a Golf was until I had to squeeze it in my my Ford Puma lives.
In other news... Is anyone a chiropractor? Ive been using my track car to get around in for the last week and getting in and out of a fixed back bucket seat is starting to take its toll on my spine. Time for a look through the classifieds I think to find a sub 1k car I can run around in until this has worked itself out.
Breadvan72 said:
Taking advice from a Magistrate about the law of contract is a very bad idea. The average Magistrate knows less than Jack s
t about the law, and even less than that about the civil side of the law. The typical magistrate is a lay person and volunteer who is told how to get the law wrong by a paid clerk, who is someone who tends to have only half a clue about the law, and usually the wrong half. Some Magistrates are lawyers, but they tend only know about criminal law. You might as well take legal advice from a dentist, or even from a bunch of random made up people on a car forum.
That may very well be true but I too am a lay person and ive never been in a situation like this, all im looking for is as much advice as I can get whoever it might be from. Im digesting everything I read and trying to work out what the best route to take is.t about the law, and even less than that about the civil side of the law. The typical magistrate is a lay person and volunteer who is told how to get the law wrong by a paid clerk, who is someone who tends to have only half a clue about the law, and usually the wrong half. Some Magistrates are lawyers, but they tend only know about criminal law. You might as well take legal advice from a dentist, or even from a bunch of random made up people on a car forum. Ive spoken to citizens advice, or whatever its called now and im following what they have told me to do at the moment.
btcc123 said:
Chiropractor?
Get your girlfriend/wife to rub your coccyxes you will soon feel better.
Anything will do... I'l have a word with the wife later!Get your girlfriend/wife to rub your coccyxes you will soon feel better.
Breadvan72 said:
I kid you not: that is a seriously bad idea. Taking advice willy nilly from random punters is no good. The Magistrate may talk utter bks, but because he is, to drag Shakespeare in for a minute, dressed with a little brief authority, you may make the mistake of giving credence to his nonsense. You need to take advice from people who have a clue. Please send me the draft of your letter and I may be able to offer some pointers.
Sent it through to you on Monday, will resend it again now.... ks, but because he is, to drag Shakespeare in for a minute, dressed with a little brief authority, you may make the mistake of giving credence to his nonsense. You need to take advice from people who have a clue. Please send me the draft of your letter and I may be able to offer some pointers. I know exactly what your saying, its trying to sort out what I need to know compared to people's own opinions.
Edited by Jay_87 on Thursday 30th July 14:04
btcc123 said:
If you google mechatronic unit,there are plenty of places that will repair or replace then from £299 to a guaranteed maximum of £699 plus the air conditioning issues so I would have thought you would be talking about £1,000 to fix the car.
Perhaps the OP should talk to the dealer and take a figure that he would be happy with to fix the car.Although I do understand if the OP wants his money back as it does look like the garage sold the car knowing about the faults and the very poor form with the warranty.
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.Perhaps the OP should talk to the dealer and take a figure that he would be happy with to fix the car.Although I do understand if the OP wants his money back as it does look like the garage sold the car knowing about the faults and the very poor form with the warranty.
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.
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.
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.
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.
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