Audi Q7 - Mis-sold car from Audi, let down by FOC - mummy4girls

Hi All

I really need some advice desperatly

Jan 2015 - rang Audi dealership enquiring about car advertised on the website, car was sold. Was told a new car had arrived and that is everything was what where looking for. Was told the 1 year old, 63 plate, Q7 had 1 owner on it and £40,000. Paid £1,000 deposit and collected the car later that week buying it on HPI, I was unable to see the log book as it had to be sent to me?. Whilst viewing the car I asked salesman why would a car get sold after 1 year, and he told me that the owner is a regular and has part ex it in for a new plate q7 - fair enough I thought.

April 13th 2015 - Got my log book ready to put my registration number on the car and noticed 2 previous owners each only owning the vehicle for 6 months each and that I was actually the 3rd owner on the car instead of 2nd as advised by sales man.

Rang sales man, he new exactlty what he had done and admited he didnt now what previous owners ment, I stated my concern with the depreciation in value of the car and he agreed, telling me its fine if he couldnt get me a good price on the car when I go to part ex it he would find a buyer from Mercedes, BMW etc as they are all part of the same group??.

Manager wrote in writing confirming there had been a mistake and appologised after giving me hell on the phone. He would not guarentee in writiing that the car would not loose money because of the extra owner etc. I was offered a free service that the car had already got.

May 2015 - rang CAB who advised to make a complaint with Audi Uk and Black Horse Finance - who offered £100 compensation and told me to continue making payments whilst the complaint is being processed.

June 2015 - CAB said case was awful and should be escalated to ombudsman. This is where it all goes so wrong!!. Explained situation, provided evidence of Audi dealership admitting the mistake, was told they needed to ask Black Horse point of view.

June 2015 - March 2016 the case is with ombudsman gathering more info etc. I then spoke to a manager of the adjudicator of my case who was shocked that that person was in favour of Black Horse even though I had a letter admitting Audi's mistake.

March 2016 - was asked to gather evidence to proove my theory that the extra owner will affect the value of the car when I go to part ex it. I have voice recordings made to 2 Audi dealerships and 1 Luxury car dealership, a letter from a seperate Mercedes garage and another letter from a prestige car sales garage all confirming the value of the car would definately be affected becuase it raises concern why the car has so many owners and only being 2.5 years old etc.

CAB & trading standards advise me that I shoud recind the contract, the law has been broken, the car needs to be handed back, all money refunded and I shoudl stop using the car. This was relayed to ombudsman adjudicator and they advise they dont look at the law??????.

I'm then told the case is found in Black Horse Favour and did I want to escalate it to the actual financial ombudsman which I have done.

Having alot of doubts over what evidence Black Horse sends to the adjudicator I ask to see the evidence:

Black Horse who are also known as Lloyds bank email a leasing company they OWN asking them to advise if the price of the car a AUDI A7 will be affected by extra owners on the car. The leasing company says it wont be affected on a Audi A7. Wth theyve enquired about the wrong car!! which is £20,000 cheaper than my car which is a AUDI Q7. I have only just seen confirmation of this letter myself this week. The adjudicator has no need to certify who is giving evidence on behalf of a company, it also has advised it does not look at the LAW??

If I have evidence of the car being miss sold to me in writinng from the dealership, voice recordings and letters from car dealerships like the adjudicator asked for that confirms that the price will be affected, the cab and trading standards have advised that the law has been broken why the heck am I still here 1 year later, still paying monthly payments for a car that is not as described.

I now have to wait for the head ombudsman to look at the case, but the adjudicator has already stated that they see in favour of the finance company not me so why is an ombudsman going to go against the adjudicator.

Any advice would be much appreciated.

Edited by Avant on 06/05/2016 at 22:25

Audi Q7 - Miss sold car from Audi, let down by FOC - RobJP

The difference in value of the car will be minimal, or nothing. Maybe, at an absolute maximum, £500.

The people from CAB/TS are wrong. The car was sold before the Consumer Rights Act came into being, so does not apply. (It came into effect in October or November 2015). As such, you could not reject the car. Even if it did apply, you would NOT be entitled to all your money back, as you've had 16 months use out of the car.

I suggest you are making a mountain out of a molehill.

Oh, one final point. It's entirely possible that the car was sold to you as 'one PREVIOUS owner'. Which would have been technically correct, as the V5 did (at that time) show one previous owner, plus the one that was currently on the logbook.

A nasty trick, yes. But totally legal.

Audi Q7 - Miss sold car from Audi, let down by FOC - Simon
I can't quite believe that you are making such an issue of it still after all of this time. Its probably cost you more in time/costs than the price differential with the car. How long do you intend to keep the vehicle for, the longer it is the smaller the difference will be.
Audi Q7 - Miss sold car from Audi, let down by FOC - alan1302

I would have taken the £100 and the free service and chalked it up to experience. Some things aren't worth fighting for and this is one of those.

Audi Q7 - Miss sold car from Audi, let down by FOC - nortones2

There are (theoretical) remedies under contract law which is separate to the current legislation, but you'd need deep resources to make suing for breach of contract, or rescission etc, worthwhile, in these circumstances. Otherwise, as RobJP says.

Edited by nortones2 on 06/05/2016 at 14:21

Audi Q7 - Miss sold car from Audi, let down by FOC - pd

At the point of sale the front of the V5 will have said "Number of former Keepers: 1".

This is the standard terminolog used by all car advertising sites (Autotrader, ebay etc.) when the advert is generated from DVLA data (which 99% are).

Therefore, if it was advertised as having one former keeper then it did, indeed, have one former keeper at that point so is technically correct.

It has probably had 5 or 6 actual owners.

Anyway, even if it was wrong, to be honest unless you intend to sell the car very shortly after purchase by the time it is 3 or 4 years old the price difference will be virtually nil or so little compared to the overall deprecation anyway to be pretty much negligable.

I can see why you may be slightly miffed but personally for all the hassle I'd just put it down to experience and ask to look at a V5 at point of sale in future. Life is too short.

Audi Q7 - Mis-sold car from Audi, let down by FOC - Avant

I agree with the others. RobJP has given you the answer, in his first line. And it'll make even less difference the longer you keep the car.

You'd have a valid point only if there are serious faults which you can show are caused by neglect on the part of a previous owner - unlikely unless we're missing some facts.

The Q7 is a good car and you did well to get a year-old one for a lot less than they cost new. Enjoy it.

Edited by Avant on 06/05/2016 at 22:25