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Problem with RS4 bought from main dealer

I bought an Audi RS4 from Leicester Audi in March 2012. I quickly noticed an intermittent juddering from the brakes so contacted the dealer. They told me to take the car into my local Audi centre (Bradford). I subsequently booked the car in with a notchy gearbox when cold at the beginning of September 2012 (as a health check) and was told that the brakes were most likely caused by buckled alloys and the clutch was dragging, which required gearbox removal and a £400 bill to diagnose properly.

I complained to Leicester Audi and so began a long tale of woe in trying to get them to help me. They repeatedly promised they would take my car and look it over a 6 month period, but it took the intervention of Audi UK customer services to get them to arrange something. The car went into Bradford Audi in March 2013, where they kept it for two weeks and I ended up with a bill for £2600 (new clutch and flywheel and new front discs and pads due to them being warped), with Leicester paying a claimed £1900 for two new wheels and labour for the gearbox (as per the original diagnosis from Bradford, despite the fact the new wheels made no difference to the brakes - despite Bradford Audi claiming the wheels had fixed the issue the car failed it's MOT at the dealer due to warped discs).

Leicester have said the clutch and brakes are wear and tear items and have refused to pay for them saying I have done over 5,000 miles in the car (I had done 4400 when the car first went in in September 2012, but had mentioned the juddering brakes to them after just 5 weeks).

I have put a claim in to the Small Claims Court as I believe the issues were there when I bought the car, which Leicester Audi are disputing. I have the warped discs - would you recommend I get an independent expert to assess the brakes?

Asked on 11 May 2013 by WDG

Answered by Honest John
Seek legal advice. The small claims track limit is £5,000 and if Leicester Audi fights you the case will have to go to full County Court and costs could escalate alarmingly. I think you can claim that the brake fault was with the car from purchase, but it was more than 6 months before the notchy gearchange developed and that is outside the generally accepted period for which a dealer is normally held liable. See: www.honestjohn.co.uk/faq/consumer-rights/
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