A3 ongoing woes, legal advice sought
Discussion
Folks.
Due to an ongoing issue with an A3 and geabox problems, I find myself in need of legal advice.
The garage are refusing to admit to a problem, and i am unable to use the warranty due to their ..........insert comment here.
gearbox specialists are being sought presently to assist with this, its the legal bit i need help with.
pm me if you can help.
TIA
k
Due to an ongoing issue with an A3 and geabox problems, I find myself in need of legal advice.
The garage are refusing to admit to a problem, and i am unable to use the warranty due to their ..........insert comment here.
gearbox specialists are being sought presently to assist with this, its the legal bit i need help with.
pm me if you can help.
TIA
k
anonymous said:
[redacted]
My issues have included a replacement box, but as the delears tactics have included delaying me all the time whilst they investigate, I have a car over a year old, and 20k, doubtfull I will get anything back, its the refusal to honour the warranty that is my main issue.k
warmfuzzies said:
anonymous said:
[redacted]
My issues have included a replacement box, but as the delears tactics have included delaying me all the time whilst they investigate, I have a car over a year old, and 20k, doubtfull I will get anything back, its the refusal to honour the warranty that is my main issue.k
warmfuzzies said:
anonymous said:
[redacted]
My issues have included a replacement box, but as the delears tactics have included delaying me all the time whilst they investigate, I have a car over a year old, and 20k, doubtfull I will get anything back, its the refusal to honour the warranty that is my main issue.k
There was a pistonheads thread with a Chap who had a Rangerover with Turbo problem, got his replaced with a new one, cant find the thread though.
How much time have you given them, its clear there is a fault with the product sold so you have every right to ask for a replacement or refund. And dont get fobbed off with you need to talk to the manufacturer for that, your contract is with the retailer not the manufacturer.
Amateurish said:
I'm guessing from your post that the issue here is whether or not there is a fault with your vehicle. From a legal perspective, you will need to get some sort of evidence that there is a problem. What exactly is the issue?
A gearbox that is noisier than the engine when at Idle, if I push the clutch in the noise subsides, When I engage gear the noise completely dissapears, and trust me having a gearbox you can hear above a diesel engine is not nice. I am presently engaging a specialist but its 2-3 weeks before a report will be issued.k
Here you go. this might help.
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
warmfuzzies said:
Amateurish said:
I'm guessing from your post that the issue here is whether or not there is a fault with your vehicle. From a legal perspective, you will need to get some sort of evidence that there is a problem. What exactly is the issue?
A gearbox that is noisier than the engine when at Idle, if I push the clutch in the noise subsides, When I engage gear the noise completely dissapears, and trust me having a gearbox you can hear above a diesel engine is not nice. I am presently engaging a specialist but its 2-3 weeks before a report will be issued.k
00161wj said:
warmfuzzies said:
Amateurish said:
I'm guessing from your post that the issue here is whether or not there is a fault with your vehicle. From a legal perspective, you will need to get some sort of evidence that there is a problem. What exactly is the issue?
A gearbox that is noisier than the engine when at Idle, if I push the clutch in the noise subsides, When I engage gear the noise completely dissapears, and trust me having a gearbox you can hear above a diesel engine is not nice. I am presently engaging a specialist but its 2-3 weeks before a report will be issued.k
What sort of noise is it? Is a clickity sort of noise?
I had a similar problem recently with my 56 plate Civic (just outside warrenty
)
The noise was a clickity noise that occured at idle and while under load in 1st to 3rd.
The noise stopped when the clutc was dipressed.
Turns out (as I suspected) that a bearing in the gearbox had collapsed.
The cage holding the balls failed and the bearing spat out two balls. One of those balls then went though the diff spider gears.
Not saying it is the issue with your car, this is just what happened to mine!
Lewis
I had a similar problem recently with my 56 plate Civic (just outside warrenty
)The noise was a clickity noise that occured at idle and while under load in 1st to 3rd.
The noise stopped when the clutc was dipressed.
Turns out (as I suspected) that a bearing in the gearbox had collapsed.
The cage holding the balls failed and the bearing spat out two balls. One of those balls then went though the diff spider gears.
Not saying it is the issue with your car, this is just what happened to mine!
Lewis
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ks. Audi's do not break, of course not.