Any Sale of goods Act professionals on here?
Any Sale of goods Act professionals on here?
Author
Discussion

Jayzee

Original Poster:

2,752 posts

233 months

Wednesday 22nd December 2021
quotequote all
Bought a 3 year old Audi A3 from a large car supermarket in September.

Standard three month warranty - a month before the warranty expires, the battery went flat (during the mild weather).

Recharged the battery and the high beam wouldn’t work. The car has LED headlights. Also the driver’s door internal handle snapped off - it was glued to sell the car.

Car supermarket says they can’t do anything for a month - assuming I don’t need a loan car. If I need one, it’s two months! I tell them it’s unacceptable, they stand firm. Much table tennis on email takes place and they suggest I get a local garage to quote. I do this. Handle is less than £40, plus the cost to take door panel off etc at £60. The car would also need to be plugged into VCDS £30.

Go back to supermarket with quote; they refuse saying the max they’ll pay is £55!

Much more table tennis emailing, and the next offer they make is the additional £30 for the plug in. Still £55 towards the door handle.

I get the car diagnosed (my local garage kindly did this FOC) and there is a fault with the column switch.

Tell car supermarket this and they say they still need to diagnose themselves - can’t order parts for the car to do while I wait!

I’m Near East Grinstead, they are based in Maidstone. No train stations near me, so two journeys by cab and train!

I have a car that would fail an MOT and certainly a roadside check. Expecting me to drive it like this for between one month, or two if I need a courtesy car.

I feel it’s unacceptable, and feel completely duped by these chancers.

Any advice? I feel I may get the faults fixed locally and take them to court?


mcpoot

1,593 posts

136 months

Wednesday 22nd December 2021
quotequote all
Google CRA 2015, plenty of sites to explain your rights.. Consumer Rights Act replaced Sale of Goods Act in 2015.

123DWA

1,436 posts

132 months

Wednesday 22nd December 2021
quotequote all
Jayzee said:
Car supermarket says they can’t do anything for a month - assuming I don’t need a loan car. If I need one, it’s two months! I tell them it’s unacceptable, they stand firm.

I feel it’s unacceptable, and feel completely duped by these chancers.

Any advice? I feel I may get the faults fixed locally and take them to court?

I don't wish to sound argumentative but how would you feel if you had booked a month in advance only to be told your booking has been cancelled because someone is being pushed in before you? I also don't understand how you feel "duped" ,the garage haven't said they wont fix it, they just cant do it as soon as you would like. Your last point would not stand up in court as you have to give the supplying dealer a chance to fix it under the Consumer Rights Act 2015.

Canon_Fodder

1,775 posts

92 months

Wednesday 22nd December 2021
quotequote all
Bit awkward this one.... Lots of poxy little faults and tricky for the OP to get to the dealer's premises... I can see they are experienced in the game and are sting things out in the hope of winning a war of attrition.

What's been suggested on other threads is to get an independent inspection of the car. That gives the dealer a clear list of what he needs to rectify and is also something that could be used in court (should it come to that)

OP the RAC do a service like this - I'm sure there are others

DaveA8

749 posts

110 months

Wednesday 22nd December 2021
quotequote all
At the risk of someone telling me that I haven't it properly, are the faults (inc lights) stopping you using the car because that to some extent will determine whether a month is reasonable.
Not having use of a car for a month seems unfair but really you need to clarify what the delay is, as for proximity, I doubt you'll get much sympathy as to be fair unless they've moved, you knew where you would need to go back to in the event of a problem.

Jayzee

Original Poster:

2,752 posts

233 months

Wednesday 22nd December 2021
quotequote all
For clarification: until the car was plugged into VCDS nobody had any way of knowing whether it was the column switch, the lighting module or the headlamps. I didn’t specifically choose a car with LED lights.

I eventually got the garage to agree to pay for a diagnostic, which as stated above, my local kindly did FOC. The column switch is the culprit.

My issue is the car has no main beam - living in the countryside, at night makes it dodgy driving without them. So, the car isn’t technically ‘legal’ without any main beams whatsoever?

I wanted a courtesy car, I’d be waiting for two months.

No high beam = failing a roadside police check, knowingly driving the car which is defective.

Edited by Jayzee on Wednesday 22 December 16:46

123DWA

1,436 posts

132 months

Wednesday 22nd December 2021
quotequote all
Jayzee said:
My issue is the car has no main beam - living in the countryside, at night makes it dodgy driving without them. My issue is the car isn’t technically ‘legal’ without any main beams whatsoever.


No high beam = failing a roadside police check, knowingly driving the car which is defective.
I do think you are being a little bit awkward. What are the chances of a) being stopped by the police in the first place b) the policeman deciding he's going to go around and check all of your bulbs on all settings. I dare say even if 'b' did happen, if you could show them an email that shows its booked in to be rectified that would satisfy them. If I were you I'd be taking the path of least resistance, get it booked in for 2 months time and live with the slight annoyance of having no high beam in the interim.

Jayzee

Original Poster:

2,752 posts

233 months

Wednesday 22nd December 2021
quotequote all


But driving the car is illegal? I know we are not talking about the braking system and knowingly driving with defective brakes.

The high beam is an important part of the vehicle - it’s an MoT test to show a car is roadworthy.

So you’re suggesting that I break the law driving the car (a letter from the garage with, for example, a one month booking date) wouldn’t go down well if I was stopped. The buck stops with me.

Or I park the car up and don’t use it…

Rather galling after I spent £18k on a car.

st happens - I’ve owned over 30 cars since 1989, so I’m more than used to stuff happening. The measure of a company is its ability to deal with an issue.



[/quote]

joshcowin

7,590 posts

205 months

Wednesday 22nd December 2021
quotequote all
Jayzee said:
But driving the car is illegal? I know we are not talking about the braking system and knowingly driving with defective brakes.

The high beam is an important part of the vehicle - it’s an MoT test to show a car is roadworthy.
You are being awkward, get it booked in, you are now actually delaying getting it looked at!

The car has a valid MOT I presume?

Jayzee

Original Poster:

2,752 posts

233 months

Wednesday 22nd December 2021
quotequote all
joshcowin said:
You are being awkward, get it booked in, you are now actually delaying getting it looked at!

The car has a valid MOT I presume?
Awkward? After I’ve been running around at their request to get it looked at - to then be told £55 is the max they’d contribute?

If you saw the email trail, then perhaps you’d not call me awkward.



The_Nugget

746 posts

86 months

Wednesday 22nd December 2021
quotequote all
Jayzee said:
Awkward? After I’ve been running around at their request to get it looked at - to then be told £55 is the max they’d contribute?

If you saw the email trail, then perhaps you’d not call me awkward.
So what are you going to do?
You can’t make them act any faster or pay you more money.
You could get the car repaired at your cost elsewhere and then pursue them for the costs. If unsuccessful you could do a small claims and take your chances in court.

The big yin

298 posts

70 months

Wednesday 22nd December 2021
quotequote all
What car supermarket was it ?
I would be e mailing a formal complaint as the car is not road legal and suggest returning it for another one as you are not happy with the service received and as the warranty runs out soon will they confirm in writing they will fix all faults .

loskie

7,087 posts

149 months

Wednesday 22nd December 2021
quotequote all
get the finance co involved too

surveyor

18,689 posts

213 months

Wednesday 22nd December 2021
quotequote all
Jayzee said:
joshcowin said:
You are being awkward, get it booked in, you are now actually delaying getting it looked at!

The car has a valid MOT I presume?
Awkward? After I’ve been running around at their request to get it looked at - to then be told £55 is the max they’d contribute?

If you saw the email trail, then perhaps you’d not call me awkward.
This really. If on finance get them involved.

paintman

7,860 posts

219 months

Wednesday 22nd December 2021
quotequote all
It's an MOT fail
Would a tester classify it as a 'dangerous defect' instead of just a 'Major'. I would have thought very unlikely.

If you were stopped by the Police then you should be given a form under the Vehicle Defect Rectification Scheme which allows you 14 days to get the fault rectified, the vehicle checked by an MOT testing station (ONLY the fault specified) the form stamped by them & returned by you.

As you are only 30 miles from the dealer you could drive over & make a fuss which might focus their attention esp if there are a lot of people looking at their stock. Inconvenient for you, but not as easy for them to fob you off as an email or phone call is.

Or - and perhaps the pragmatic approach - get the switch replaced by the garage they authorised to do the diagnosis & if it cures the problem then consider small claims action to recover the cost.
This should at least mean you get the car repaired before Christmas - assuming the garage can fit you in, get & fit the switch & it does solve the problem




joshcowin

7,590 posts

205 months

Wednesday 22nd December 2021
quotequote all
Jayzee said:
Awkward? After I’ve been running around at their request to get it looked at - to then be told £55 is the max they’d contribute?

If you saw the email trail, then perhaps you’d not call me awkward.
You are probably right! But they are clearly going to be a headache to deal with so book it in and never use them again btw I know who they are and I now wouldn't use them.

Gareth79

9,020 posts

275 months

Wednesday 22nd December 2021
quotequote all
paintman said:
It's an MOT fail
Would a tester classify it as a 'dangerous defect' instead of just a 'Major'. I would have thought very unlikely.
Looks like "on" (presumably failing to turn on the main beams from dip mode) is a minor defect, "dip" (turning off main beams) is a major defect, which makes sense:
https://www.gov.uk/guidance/mot-inspection-manual-...

However, not having operable main beam lamps IS a fail, even though there's no specific requirement in law to use them.

Canon_Fodder

1,775 posts

92 months

Wednesday 22nd December 2021
quotequote all
Jayzee said:
Any advice? I feel I may get the faults fixed locally and take them to court?

If you think you've given them an opportunity to fix the car and they've declined or reneged or are being unreasonable - then go for it.

At least you have a working car again this way


Edited by Canon_Fodder on Wednesday 22 December 20:05

mmm-five

12,330 posts

313 months

Wednesday 22nd December 2021
quotequote all
Do your DRLs still work? If so, then you'll be fine driving it during the day.

If they're not offering to pick it up, then you're going to have to drive it at some point, so why not now?

So drive it, during the day, to the car supermarket and cause a fuss in front of all/any customers.

Jayzee said:
Bought a 3 year old Audi A3 from a large car supermarket in September.

Standard three month warranty - a month before the warranty expires, the battery went flat (during the mild weather).

Recharged the battery and the high beam wouldn’t work. The car has LED headlights. Also the driver’s door internal handle snapped off - it was glued to sell the car.

Car supermarket says they can’t do anything for a month - assuming I don’t need a loan car. If I need one, it’s two months! I tell them it’s unacceptable, they stand firm. Much table tennis on email takes place and they suggest I get a local garage to quote. I do this. Handle is less than £40, plus the cost to take door panel off etc at £60. The car would also need to be plugged into VCDS £30.

Go back to supermarket with quote; they refuse saying the max they’ll pay is £55!

Much more table tennis emailing, and the next offer they make is the additional £30 for the plug in. Still £55 towards the door handle.

I get the car diagnosed (my local garage kindly did this FOC) and there is a fault with the column switch.

Tell car supermarket this and they say they still need to diagnose themselves - can’t order parts for the car to do while I wait!

I’m Near East Grinstead, they are based in Maidstone. No train stations near me, so two journeys by cab and train!

I have a car that would fail an MOT and certainly a roadside check. Expecting me to drive it like this for between one month, or two if I need a courtesy car.

I feel it’s unacceptable, and feel completely duped by these chancers.

Any advice? I feel I may get the faults fixed locally and take them to court?
Quoted for prosperity and in case OP decides to flounce.

Edited by mmm-five on Wednesday 22 December 19:43

Hoofy

80,023 posts

311 months

Wednesday 22nd December 2021
quotequote all
Be interested to hear any comments on the £55 max. If it's legal, I'm setting up as a used car dealer tomorrow and selling extremely ropey cars.