advise please (2nd hand dealer rights) a4 2.0 TFSI oil usage

advise please (2nd hand dealer rights) a4 2.0 TFSI oil usage

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V8LM

5,179 posts

211 months

Sunday 14th February 2016
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stony2002 said:
Thanks guys for your comments and advice, this is helpful with returning the vehicle if i need to, im going to phone audi in the morning to book a oil consumption test in for asap and then drive it till i get the light on.

I paid the proper price for the vehicle, checked auto trader national, didnt get the car for cheap, i just made a mistake in not fully reading up on the engine as i would never thought this would occur with a audi. Ive made a mistake and now im trying for rectify it, not looking to return it as i love the car, i just want it repaired to a standard I thought it would of been when purchasing it.

As for history, i knew when buying it i would need to do a major service on it which i didnt mind, but now ive learnt why full history can be important.

From what ive gathered so far i need to get the report of audi, then i will have proof to the dealer that i have grounds to return it.
Does my car have to be returned within 30 days or the letter of action to be recieved to them within 30 days? If anything i just want the repair and be over of this silly mistake i made.
From the 30 days of fulfilment of contract of purchase, you don't have to prove anything. It is for the supplying dealer to prove the fault wasn't there at the time of purchase or would have been expected to have been there to a lay-person given the consideration and description of the car. The supplying dealer would probably be the best person to seek the view of Audi, not you. As I see it, it's his problem.


Edited by V8LM on Sunday 14th February 15:48

Rich_W

12,548 posts

214 months

Sunday 14th February 2016
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Sump said:
Was watching this on youtube not long ago, was due to oil consumption.

https://www.youtube.com/watch?v=SRv2jg1xZoM
Did you see the time lapse of the R8 Engine removal due to a Rat chewing the wiring! eek

https://www.youtube.com/watch?v=7bFdZp3eefM

---

Anyway/ Back OT


Daemon. Are you legally trained?

Quoting Which's website doesn't do you a lot of help. It also reads like it's for NEW items. Not USED ones. And even then one of the exemptions for "full refunds" is Motor Vehicle. So as ever, there will be loopholes. It's not so much what you believe. It's what you can prove. And what you can win.

To the OP. Take the existing oil consumption info from Audis website. Go and SEE the trader concerned. Ask them what they'd like to do to rectify this. First step will be to decide IF the car is using the amount of oil you say. Not everyone is good at judging this. So there's a process. Hopefully the trader will pay for this first part.

As stated above. Take car to Dealer. Part 1 Oil consumption test FIRST. This will be a Breather valve, cranks seal and software update. They will top up the oil to max and ask you to do 1000miles. (Or until the light comes on) Then they will do the test again (Part2) and determine the EXACT amount of oil the car is using. Then they will advise on costs for further rebuild work. Then they will also check with Audi for possible Goodwill. Maybe 100% Parts Labour. Maybe some form of split. Maybe nothing (suspect this given no history)

johnnyBv8

2,419 posts

193 months

Sunday 14th February 2016
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Even if Audi reognises the issue, it doesn't look like they'll cover it without FSH:

"The comprehensive Audi UK Warranty (3 years/60,000 miles) covering all new Audi vehicles has already resolved the majority of these cases at no cost to the customer. For remaining affected customers with cars that are no longer covered by this warranty, we have a policy in place to resolve issues on a case-by-case basis. This revised policy has been in force nationally since the beginning of the year and applies to new and retrospective cases. Qualification criteria are applied in each individual case to confirm that the vehicle has been serviced in accordance with the owner’s handbook by an Audi Centre or other professional workshop which follows the Audi Service quality standards "


https://www.audi.co.uk/about-audi/latest-news/audi...

Willy Nilly

12,511 posts

169 months

Sunday 14th February 2016
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Best work out how much oil any repair will buy you before you commit to spending any money

V8LM

5,179 posts

211 months

Thursday 18th February 2016
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Any progress?

daemon

35,945 posts

199 months

Thursday 18th February 2016
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Willy Nilly said:
Best work out how much oil any repair will buy you before you commit to spending any money
There shouldnt be any spend for the O.P on repairs.

If there is a fault, then either Audi should stump up and / or the dealer, OR the dealer should refund.

If its within tolerances then just keep topping it up with oil.

Roger Irrelevant

2,971 posts

115 months

Thursday 18th February 2016
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Rich_W said:
Daemon. Are you legally trained?

Quoting Which's website doesn't do you a lot of help. It also reads like it's for NEW items. Not USED ones. And even then one of the exemptions for "full refunds" is Motor Vehicle. So as ever, there will be loopholes. It's not so much what you believe. It's what you can prove. And what you can win.
I'm legally trained, so can confirm that Daemon is pretty much bang on the money. The Consumer Rights Act 2015 implies a term into all contracts of sale between traders and consumers that the goods sold will be of satisfactory quality. Whether they are new or used makes no difference whatsoever. Whether goods are of 'satisfactory quality' depends on all sorts of things, including the extent to which they are 'free from minor defects'. A car that isn't all that old and which hasn't done too many miles using 3l of oil every 1,000 miles would seem like a pretty good example of something that fails this test. If it does, then the OP is entitled to a refund. The motor vehicle exception in the CRA '15 is to do with the ability of the trader to make a deduction for the use the consumer has had of the vehicle - for most other goods there is a right to a full refund within the first six months - but the consumer is still entitled to a refund.

So long as the OP can prove that the oil use is excessive (sounds like it is), then he has a strong case for a refund, and since he's not used it much it shouldn't be far off a full refund. But hey, I could just be some fantasist spouting legal-sounding guff on the internet, so have a look for yourself:

http://www.legislation.gov.uk/ukpga/2015/15/introd...

stony2002

Original Poster:

9 posts

100 months

Thursday 18th February 2016
quotequote all
Update:

Cars gone into audi to start the oil consumption test. Spoke to the technician in charge of the work, told him what I get before the top up oil light comes on. Said its going to fail easy and will need the next stage which is taking the engine out and either fixing it/replace it. with me not having a full dealer history, they said they will do a good will and only charge me 10% of the costs! thank god i thought.

phoned up garage I bought car from and they are going to pay audi to sort out.

technician said its a known problem but he wudnt verbally admit it was there fault. so I'm about 80 miles in on the consumption test, and I'm getting low, will probs get the car back into audi on monday afternoon with a fail on test


daemon

35,945 posts

199 months

Thursday 18th February 2016
quotequote all
Rich_W said:
Daemon. Are you legally trained?

Quoting Which's website doesn't do you a lot of help. It also reads like it's for NEW items. Not USED ones. And even then one of the exemptions for "full refunds" is Motor Vehicle. So as ever, there will be loopholes. It's not so much what you believe. It's what you can prove. And what you can win.
No, however ive had 25 years in or around the motor trade, and as such have had cause to interact with trading standards and consumer direct to ensure i'm working fairly with my customers. I also ran my own motor trade business full time for several years and have pretty much always been trading part time over that time too.

I've quite a few friends and colleagues in the motor trade, ranging from sole traders right up to dealer principals.

I quoted Which as it was a good summary of how things are, without you having to read and digest the full Consumer Rights Act.

Having said, that, you've managed to misinterpret it. Have a google around, if the summary that has already been subsequently given to you doesnt help.

I genuinely would not like to be motor trading now. Far far too much hassle.


daemon

35,945 posts

199 months

Thursday 18th February 2016
quotequote all
Roger Irrelevant said:
Rich_W said:
Daemon. Are you legally trained?

Quoting Which's website doesn't do you a lot of help. It also reads like it's for NEW items. Not USED ones. And even then one of the exemptions for "full refunds" is Motor Vehicle. So as ever, there will be loopholes. It's not so much what you believe. It's what you can prove. And what you can win.
I'm legally trained, so can confirm that Daemon is pretty much bang on the money. The Consumer Rights Act 2015 implies a term into all contracts of sale between traders and consumers that the goods sold will be of satisfactory quality. Whether they are new or used makes no difference whatsoever. Whether goods are of 'satisfactory quality' depends on all sorts of things, including the extent to which they are 'free from minor defects'. A car that isn't all that old and which hasn't done too many miles using 3l of oil every 1,000 miles would seem like a pretty good example of something that fails this test. If it does, then the OP is entitled to a refund. The motor vehicle exception in the CRA '15 is to do with the ability of the trader to make a deduction for the use the consumer has had of the vehicle - for most other goods there is a right to a full refund within the first six months - but the consumer is still entitled to a refund.

So long as the OP can prove that the oil use is excessive (sounds like it is), then he has a strong case for a refund, and since he's not used it much it shouldn't be far off a full refund. But hey, I could just be some fantasist spouting legal-sounding guff on the internet, so have a look for yourself:

http://www.legislation.gov.uk/ukpga/2015/15/introd...
Thank you. Good to know i'm on the right track smile

saaby93

32,038 posts

180 months

Thursday 18th February 2016
quotequote all
stony2002 said:
Update:

Cars gone into audi to start the oil consumption test. Spoke to the technician in charge of the work, told him what I get before the top up oil light comes on. Said its going to fail easy and will need the next stage which is taking the engine out and either fixing it/replace it. with me not having a full dealer history, they said they will do a good will and only charge me 10% of the costs! thank god i thought.

phoned up garage I bought car from and they are going to pay audi to sort out.

technician said its a known problem but he wudnt verbally admit it was there fault. so I'm about 80 miles in on the consumption test, and I'm getting low, will probs get the car back into audi on monday afternoon with a fail on test
Does it really matter about the full dealer history?

daemon

35,945 posts

199 months

Thursday 18th February 2016
quotequote all
saaby93 said:
stony2002 said:
Update:

Cars gone into audi to start the oil consumption test. Spoke to the technician in charge of the work, told him what I get before the top up oil light comes on. Said its going to fail easy and will need the next stage which is taking the engine out and either fixing it/replace it. with me not having a full dealer history, they said they will do a good will and only charge me 10% of the costs! thank god i thought.

phoned up garage I bought car from and they are going to pay audi to sort out.

technician said its a known problem but he wudnt verbally admit it was there fault. so I'm about 80 miles in on the consumption test, and I'm getting low, will probs get the car back into audi on monday afternoon with a fail on test
Does it really matter about the full dealer history?
As it doesnt have a full audi history, whos to say it was serviced to schedule, or at all, and that didnt cause or partly cause the problem?

daemon

35,945 posts

199 months

Thursday 18th February 2016
quotequote all
stony2002 said:
Update:

Cars gone into audi to start the oil consumption test. Spoke to the technician in charge of the work, told him what I get before the top up oil light comes on. Said its going to fail easy and will need the next stage which is taking the engine out and either fixing it/replace it. with me not having a full dealer history, they said they will do a good will and only charge me 10% of the costs! thank god i thought.

phoned up garage I bought car from and they are going to pay audi to sort out.

technician said its a known problem but he wudnt verbally admit it was there fault. so I'm about 80 miles in on the consumption test, and I'm getting low, will probs get the car back into audi on monday afternoon with a fail on test
Thats great news!

saaby93

32,038 posts

180 months

Thursday 18th February 2016
quotequote all
daemon said:
As it doesnt have a full audi history, whos to say it was serviced to schedule, or at all, and that didnt cause or partly cause the problem?
you cant say the opposite either that if even it has a full audi history that would or would not lead to the problem.
Its well documented whats going wrong with or without a history

daemon

35,945 posts

199 months

Thursday 18th February 2016
quotequote all
saaby93 said:
daemon said:
As it doesnt have a full audi history, whos to say it was serviced to schedule, or at all, and that didnt cause or partly cause the problem?
you cant say the opposite either that if even it has a full audi history that would or would not lead to the problem.
Its well documented whats going wrong with or without a history
Indeed.

anonymous-user

56 months

Friday 19th February 2016
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Get rid of it and get your money back is my unhelpful advice. Quote thr sale of goods act.

daemon

35,945 posts

199 months

Friday 19th February 2016
quotequote all
Super_G said:
Get rid of it and get your money back is my unhelpful advice. Quote thr sale of goods act.
Why would you quote a superceded Act?