Inlet manifold fault after 3 days

[blackburnlad]

Bought a audi a6 2.7tdi le mans 3 days ago engine management light has came on had it scanned and is showing p2011 inlet manifold fault dealer is trying to charge me labour to fix it were do i stand i dont think i should be charged also should they supply me with a courtesy car whilst its being fixed there based quite far from me and i need a car for work

[blackburnlad]

2008 85000 miles and 7grand

[divetheworld]

If you bought it from the dealer then as far as the law is concerned, the fault was pre-existing. This can be upto 6 months from purchase, so their problem.

In 2003 we got an updated Sale of Goods Act that said that if something failed within 6 months of purchase it was assumed it must have been faulty or developing a fault from the start, but if it failed more than 6 months from purchase the purchaser had to prove it had been faulty from the start. So that’s when Clegg supercedes the Bernstein and Rogers cases.
The Consumer Rights Act 2015 gives you the right to reject a faulty car within 30 days and ask for a full refund.
A clause in the law known as "early right to reject" specifies that any fault found within 30 days of buying a product entitles the buyer to a full refund. After that period, but within six months, the seller or manufacturer has one opportunity to replace or repair. If that fails, the customer is then entitled to a full or part-refund.
The dealer might try wriggle out of a claim, but as soon as you start asserting your rights by quoting the appropriate case law, in particular Clegg v Olle Andersson, he may capitulate.

[Evolved]

if it's a dealer just throw it back at them..

[valiant]

I don't think you'll be able to demand a courtesy car while yours is off the road but you'd think that they'd offer one through good customer service. It's not their fault that they're based far from you and highlights the perils of buying a car some distance away.

After 3 days they should be fixing it gratis.

Almost forgot, is the labour charge actually a diagnostic charge? Some dealers will charge first to plug their computers in but generally refund if it results in a warranty claim.

Edited by valiant on Saturday 19th March 21:33

Edited by valiant on Saturday 19th March 21:36

[ging84]

blackburnlad said:

2008 85000 miles and 7grand

Not sure why you mark this post as OT
It's by far the most import factor in determining your rights

On auto trader now there are plenty of these cars of similar age and mileage being advertised for £9k+ and they seem to match thier valuations

Why was this one £2k less?

[bladebloke]

divetheworld said:

A clause in the law known as "early right to reject" specifies that any fault found within 30 days of buying a product entitles the buyer to a full refund.

Without wanting to pick holes in a helpful post, be a little cautious with this part if quoting it to the dealer OP in an 'I know my rights' conversation of some sort.

Firstly, 'any' fault that appears may not give the right to reject at all, if it was not serious enough to mean that the car wasn't of satisfactory quality. But this is just a general point, probably not relevant here!

More importantly though , it's not true to say that a fault appearing (if its serious enough) within the first 30 days activates the short term right to reject. The fault must have been present at the time you bought it to do - if it's something that develops afterwards then the dealer has not breached the terms of the contract.

The presumption that if a fault develops in the first 6 months then it was there at the time of contract does not apply to the short term right to reject (s19(14) of the act) and even if it did, it would still be the case that if the trader could show that in fact, the fault was not there at time of contract, there would be no remedy.

I'd be beating them with the 'protect your reputation as a trustworthy supplier of quality vehicles' stick before starting quoting law, personally.

[Jim1556]

ging84 said:

blackburnlad said:

2008 85000 miles and 7grand

Not sure why you mark this post as OT

He bought from a dealer!

Unless it's a 200 quid snotter with a bazillion miles on it, he has the right to a car that's fit for purpose. That age, mileage and cost are irrelevant.

ANY fault that presents itself within the first 6 months (unless disclosed at the time of sale), is deemed BY LAW to have been present unless the dealer can prove otherwise.

3 days?

Take it back to the dealer, you have an obligation to give him the chance to fix...

[Vaud]

Jim1556 said:

He bought from a dealer!

Sounds like a trader rather than a dealer at that price - it's below what Audi normally touch? Or a non-Audi dealer?

OP?

[Jim1556]

Sorry, didn't specifically mean a main dealership...

[Vaud]

Jim1556 said:

Sorry, didn't specifically mean a main dealership...

It's ok - I think it's important to help inform what an appropriate dealer/trader response should/can be.

[Stoofa]

I recently had the same fault code on my Octavia vRS and ended up having to have a new inlet manifold. Just over £700 and the majority of that was labour, so no, you most certainly don't want to be paying £350 - £400 on a car you've only owned for 3 days.

Edited by Stoofa on Monday 21st March 22:16

[ModernAndy]

I don't think it actually states anywhere that the car was bought from a dealer (just that a dealer wants money to fix it). I think this is something the OP should make clear.

[Vaud]

OP, please clarify - did you buy privately, from a trader or from a main dealer?

[catman]

Seems clear enough that he bought from a Dealer, and they're trying to charge him to fix it, even though he's had it for only three days.

Tim

[Vaud]

catman said:

Seems clear enough that he bought from a Dealer, and they're trying to charge him to fix it, even though he's had it for only three days.

Tim

Based on what?

[ModernAndy]

catman said:

Seems clear enough that he bought from a Dealer, and they're trying to charge him to fix it, even though he's had it for only three days.

Tim

I'd agree but it needs clarification otherwise it's an assumption which could be erroneous and end up with the whole thread being pointless.

[catman]

Vaud said:

Based on what?

If he took it to a Dealer other than the one he purchased it from, he'd hardly be surprised that they wanted to charge him to fix it.

Tim

[Jim1556]

ModernAndy said:

I'd agree but it needs clarification otherwise it's an assumption which could be erroneous and end up with the whole thread being pointless.

Why does it need clarification?

The OP said said:

Bought a audi a6 2.7tdi le mans 3 days ago, <snip> fault occurs <snip> dealer is trying to charge me labour to fix it...

It wasn't a private sale, therefore, THE LAW says ANY fault that presents itself within 6 months is deemed present at the point of sale!

The end!

No discussion!

3 bloody days? Get it back to the supplying dealer/trader (doesn't matter if main dealer or small business), they have to sort or give you a refund!

Edited by Jim1556 on Tuesday 22 March 16:09

[Vaud]

Jim1556 said:

Why does it need clarification?

It wasn't a private sale, therefore, THE LAW says ANY fault that presents itself within 6 months is deemed present at the point of sale!

The end!

No discussion!

3 bloody days? Get it back to the supplying dealer/trader (doesn't matter if main dealer or small business), they have to sort or give you a refund!

Super. In the real world advice varies. Main dealer? Sure, go for it. Carpark trader? Actually sold as a broker/hiding behind sailor return model. Other strategy might be needed. Hence the question.

A guide to the updated law:
http://www.autotrader.co.uk/content/new-laws-prote...