Refund on a car

[Obee72]

We purchased a VW Eos back on the 23rd June and it developed a gearbox fault, broken mechatronic unit, just within the three months warranty period. The dealer took it back to resolve on the 25th Sept. The car is still not back with us and we've been given a few stories about how its being resolved, the latest of which is a brand new replacement mechatronic unit. He did offer us a refund or new replacement unit and we went with the new unit and getting the car back as we like it and have spent around £350 on tyres since we had it. The dealer has not been good with updates since he's had it if I'm honest.

Today I called the company dealing with it was told the Mechatronic unit is away for repair !! We've had enough at this point, so will be requesting a full refund. I'd like to know where we stand with the amount we spent on tyres - can we expect to get this refunded also ?

If the dealer starts playing up, what are my options ? I'd just like to know my rights before resorting to anything legal as I'd like to resolve amicably if at all possible.

Thanks in advance.

[Wacky Racer]

Obee72 said:

I'd like to know where we stand with the amount we spent on tyres - can we expect to get this refunded also ?

Thanks in advance.

Of course not.

[berlintaxi]

How much have you spent on car washes since you got it, surely you want that back as well?

[vaud]

If they have offered a full refund then take it.

You have had some use from the car so they would be in rights (IIRC) to offer a refund less mileage.

I am not a lawyer.

[A1VDY]

If its being repaired just ask how long it's going to be before you get it back and go from there.
Mechatronic units are not cheap to buy new so that's most likely why they've sent it away..

[Obee72]

A1VDY said:

If its being repaired just ask how long it's going to be before you get it back and go from there.
Mechatronic units are not cheap to buy new so that's most likely why they've sent it away..

We were told last week that it would be a brand new unit and we'd have it back early this week. We decided that if it was a repaired unit, we'd take the refund on offer but he assured us it would be a new unit with 12 month warranty. He's had it for over 8 weeks today and if it'd have been repaired we'd have had it back weeks ago. We've just lost the confidence in the car and what he's telling us.

[voyds9]

So it's cost you £350 for 3 months driving, bargain I would say.

[ellingtj]

This month's Car Mechanics magazine has the main article about VW mechatronic units on DSG gearbox's. Appears a common mode of failure is the hydraulic fluid getting onto the Printed Circuit Board and corroding it due to sulfur content. Replacement of the unit is a common fix as opposed to re manufacture though that isn't impossible.

[zedx19]

Chances are the refurbished unit will come with a 12 month warranty anyway, have you asked the dealer?

Has the dealer supplied you with a courtesy car for the period yours has been off the road?

[Tyre Smoke]

This raises a few questions:
1. Have you got it in writing that you are getting a brand new unit?
2. Have you had a free coutesy car whilst the dealer has yours?
3. Why have you lost confidence in the car, when you haven't driven it for 8 weeks?
4. What is wrong with them fixing the problem and giving a twelve month warranty on the part, when you only had a three month warraty when you bought it?

My take on this is the whole saga for whatever reason has taken longer than you would have liked and the dealer hasn't kept you properly informed; and now instead of engaging with them, you want your money back because nasty dealer man.

[Driver101]

I doubt the garage will give a 12 month warranty on the part.

[Tyre Smoke]

Driver101 said:

I doubt the garage will give a 12 month warranty on the part.

Obee72 said:

he assured us it would be a new unit with 12 month warranty

[Driver101]

Tyre Smoke said:

Driver101 said:

I doubt the garage will give a 12 month warranty on the part.

Obee72 said:

he assured us it would be a new unit with 12 month warranty

The OP was offered a full refund or a brand new unit with a 12 month warranty. The OP accepted a brand new unit.

The garage has since sent the unit away for repair. Not the same deal and not a new part.

[Tyre Smoke]

I presume the garage were saying brand new but meant factory reconditioned 'as new'.

Not the same thing at all, I know, but to the layman they 'hear' brand new.

[Obee72]

To address a few of the queries:
1. We were offered a brand new unit not a reconditioned one
2. No we haven't been offered a courtesy car
3. Lost confidence in what is actually being done to the vehicle. VW diagnosed a faulty Mech unit, so far he's changed values (x4), offered a new unit and now is talking about the ECU. Enough for lost confidence I'd say, in the dealer and car.
4. "Taken longer than we would have liked" - its been nine weeks, I would say thats longer than any reasonable person would like.
5. Nothing in writing all phone calls.

I mentioned refund last night and now he doesn't have the money. We're reasonable people but this is going too far now.

[Obee72]

[quote]My take on this is the whole saga for whatever reason has taken longer than you would have liked and the dealer hasn't kept you properly informed; and now instead of engaging with them, you want your money back because nasty dealer man.
[/quote]

Nine weeks is a ridiculous amount of time to diagnose and fix an issue considering it had already been diagnosed by VW.

We’ve remained patient, calm and fully engaged throughout the whole nine week period, even when the updates have been sparse and the story ever changing. We never mentioned a refund until “the nasty dealer man” did. In truth I think he’s trying to do his best and hasn’t been nasty in any way. I wonder if the same had happened to you whether you’d be as patient and engaging.

[Tyre Smoke]

I don't doubt it's taken far too long.

Reading your posts, "he hasn't the money", this isn't a VW main dealer then?

Nothing in writing means you've no proof of anything. Regrettably. I think you've got to appeal to his better nature and hope the car comes back fixed.

[Obee72]

We had the diagnosis done at a main dealer and then shipped to the 2nd hand car dealer we bought it from, both at our cost. He knew the cost of a replacement unit but obviously we had to give him an opportunity to fix the issue. He tried a few things that didn’t work and came to the conclusion it needed a new unit, like VW diagnosed. Now it’s unclear what the issue is as he’s saying it only occurs when the car hits a certain temperature, possibly ECU.

[Tyre Smoke]

You have my sympathy. I suggest writing to the dealer recorded delivery detailing everything that was discussed, that you have been without the car for so many weeks and what you would like the outcome to be. At the very least some sort of recompense for the car being off the road for so long. In addition to getting the car back/refund. Keep it factual and unemotional. Give them a reasonable period to return your car fixed or agree a refund or you will have to seek legal advice. To be honest, they should have done one or the other long before now.

[Driver101]

If the car is on finance or you paid any part of it on your credit card ask them for help.