VW Golf TDI - £8k car a write off after only 20 months

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Tue 8 Jul 2014 14:58
VW Golf TDI - £8k car a write off after only 20 months - Hutch100uk

I bought a VW Golf from Benfield dealership 20 months ago. It had full service history and I got 12 months warranty. Pretty much from day 1 the car was never out of the garage having various problems fixed. In hindsight I wish I had rejected the car a long time ago. Off the top of my head its been in the garage around 12 times and luckily most things were covered by the warranty. The turbo was repaired TWICE to name but a few things.

Last week the camrod went through the engine block, causing a hole. Cut a long story short, the car needs a new engine. I'm waiting on a price for this but have been told it will be thousands!!!!

I have put in a formal complaint to the dealer stating that the car was a problem from the beginning, and that an £8k car should not need a new engine after only 20 months (we had only done about 12k miles).

My question is, do we have any legal rights against the dealer? The repairs are likely to cost more than the car is worth so I would have to scrap it if I have to pay for it myself.

I've looked at the Sale of Goods Act and although it states goods should last a 'reasonable amount of time' and that technically the car is not of 'reasonable quality'. Its a grey area with used cars though.....

Forgot to say, the car is a 2008 model

Edited by Hutch100uk on 08/07/2014 at 15:12

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Tue 8 Jul 2014 15:47
VW Golf TDI - £8k car a write off after only 20 months - FP

I'm sorry to hear of your woes.

However, I think you have very little choice over what happens to the car now. I'm certain you have no grounds for rejecting the car after all this time. It seems as if the dealer has fulfilled his obligations by fixing the various problems, so I can't see that he is open to any legal action.

If he refuses to pay for a new engine I have no idea where you stand legally. Maybe it would help posters here if we knew the total mileage of the car. Your statement that "an £8k car should not need a new engine after only 20 months (we had only done about 12k miles)" is pretty meaningless; the car is six years old and could have racked up a lot of miles before you bought it. If it has, I suggest you try to persuade the dealer to foot some of the costs of a new engine; an engine failing at a high mileage is hardly surprising.

The fact that the car had a full service history when you bought it might weigh in your favour.

Sorry if you have to scrap the car, but let's hope not.

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Tue 8 Jul 2014 16:02
VW Golf TDI - £8k car a write off after only 20 months - Dwight Van Driver

Consider visiting your local Trading Standard Office and get their view on taking action under SOGA. Its free.

dvd

Edited by Dwight Van Driver on 08/07/2014 at 16:03

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Tue 8 Jul 2014 16:18
VW Golf TDI - £8k car a write off after only 20 months - pd

Sorry, but I think you'll struggle to get anywhere on a 6 year old car. It is unlucky and unfortunate (possibly the oil pump went - not uncommon on the 2.0 TDI from that era) but just one of those things.

The dealer sounds like they were helpful but on a used car at some point their reponsibility ends and you're on your own.

Have you tried going the breakers route for a new engine?

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Tue 8 Jul 2014 16:38
VW Golf TDI - £8k car a write off after only 20 months - Hutch100uk

Yes sorry, I didn't provide much information. The car had £61000 when we bought it. I don't think this is high mileage for a diesel. The recovery mechanic was shocked that something like this would happen on a car only just 6 year old with fairly low miles.

He reckoned these things usually only happen if a car isn't serviced and is being 'thrashed around' and generally mistreated. We had no oil warning light or any other warning light prior to the incident.

I will be asking the garage, when they call with a price to repair, why this would have happened!

Seems strange they suppsedly fixed the turbo twice and the engine blows!!

I think my argument is that this shouldn't really happen in a car of this age/mileage and that the car has been trouble from the start. I have spoken to Citizens Advice of have said I have a case to complain but as for taking them to the small claims court (if it comes to that), I'm still not sure how good a case I would have.

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Tue 8 Jul 2014 17:01
VW Golf TDI - £8k car a write off after only 20 months - RobJP

If this is the 2.0 diesel, then unfortunately these engines from 2005 to 2008 (roughly) are notorious for failures. HJ has a decent guide as to what goes wrong, but basically the oil pump driveshaft wears, rounds off, oil pump stops turning, engine self-destructs.

Mileage would be about right too. You'll find a better description as to what happens here, in the Passat review :

www.honestjohn.co.uk/carbycar/volkswagen/passat-20...d

about half way down the page, titled 'The oil pump problem'.

I'd be inclined to agree with one of the previous posts, and suggest attempting a scrappie engine. Likely to be considerably cheaper, and as this engine has been in so many VAG cars, probably quite common. Try to find a decent independent VW specialist near you, and see how you get on (VW owners club forums probably maintain a register of garages)

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Tue 8 Jul 2014 17:07
VW Golf TDI - £8k car a write off after only 20 months - Hutch100uk

Its the 1.9td version but have heard about the BXE engines between certain years faulting. If this is true, really VW should have recalled them and/or should be helping to finance repairs. I suspect they won't.

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Tue 8 Jul 2014 19:10
VW Golf TDI - £8k car a write off after only 20 months - pd

Its the 1.9td version but have heard about the BXE engines between certain years faulting. If this is true, really VW should have recalled them and/or should be helping to finance repairs. I suspect they won't.

Yes, if it is a 1.9 then a 2008 at 60k miles is not an unheard of failure. VW will not do anything and will never admit an issue with anything. The usual issue is a failed conrod which sound exactly what has happened to yours. If it is indeed that then, to be fair, it is probably not the dealer's fault.

Not a lot you can do really except never buy another VAG product. I know that's not much help!

Edited by pd on 08/07/2014 at 19:11

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Tue 8 Jul 2014 20:19
VW Golf TDI - £8k car a write off after only 20 months - gordonbennet
Not a lot you can do really except never buy another VAG product. I know that's not much help!

Excellent plan, but that won't shorten the massive waiting lists for the latest product, nor the desire of many to buy into the marque used, strangely the more complicated (fully loaded squire doncha know) the better.

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Tue 8 Jul 2014 22:46
VW Golf TDI - £8k car a write off after only 20 months - Simon

This car sounds like a dog if it has been as problematic as you say. I'm not surprised the engine has 'let go'. Fix it as cheap as you can and get rid of it. Oh and as for comeback against the dealer - you are wasting your time even thinking about it.

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Thu 10 Jul 2014 23:38
VW Golf TDI - £8k car a write off after only 20 months - focussed

My advice is to not to give up on it-the dealer has a clear liability under SOGA, whether the car was new or used, the dealer might not like it but the law is clear on this subject.

Find a decent solicitor and get them to remind the dealer of their obligations, it is unlikely to get as far as court if the dealer knows the law, as I'm sure they do.

You have six years from the date on the invoice to claim, two years is no problem.

I've been on both sides in cases like this so I can speak fron experience.

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Fri 11 Jul 2014 10:30
VW Golf TDI - £8k car a write off after only 20 months - skidpan

So you honestly think that any judfge with half a brain would give what equates to a 6 year no quibbble warranty on a 6 year old car.

Suggest you return to planet earth.

Just consider what traders would have to charge if they had to give this type of cover on everything they sold.

Never read such nonsense.

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Fri 11 Jul 2014 11:05
VW Golf TDI - £8k car a write off after only 20 months - oldroverboy.

So you honestly think that any judfge with half a brain would give what equates to a 6 year no quibbble warranty on a 6 year old car.

Suggest you return to planet earth.

Just consider what traders would have to charge if they had to give this type of cover on everything they sold.

Never read such nonsense.

,I have sympathy for the OP, but a 6 year old car 20 months after purchase just reinforces my view, don't buy diesel and doubly diesel VW.

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Fri 11 Jul 2014 11:06
VW Golf TDI - £8k car a write off after only 20 months - RobJP

So you honestly think that any judfge with half a brain would give what equates to a 6 year no quibbble warranty on a 6 year old car.

Suggest you return to planet earth.

Just consider what traders would have to charge if they had to give this type of cover on everything they sold.

Never read such nonsense.

I have to agree. If the OP had rejected the car with the first faults, then he'd be in a lot stronger position. But the fact is that (according to their own posts) they had the car in, various faults were fixed under warranty, and now, once the 12 month warranty has long expired, another major (and brand new, not related to previous faults) fault has occurred.

For any claim to work against the selling garage after this length of time, the OP would need to show that the fault was present and developing from the time of the sale, or was present and developing within 6 months of the sale. Considering that the OP has had the car for 20 months, I really don't see that happening. In addition, we're obviously not dealing with some shyster backstreet garage here, as they fixed various problems under the warranty.

Of course, I might be wrong. The OP might take them to court, and win. But I very much doubt it.

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Fri 11 Jul 2014 11:25
VW Golf TDI - £8k car a write off after only 20 months - Brit_in_Germany

One long shot - if any of the pre-existing faults dealt with under the guarantee and the current one could be linked together, there may be a case for arguing that the guarantee should also cover the present issue since it relates to an untreated, pre-exising defect.

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Sun 13 Jul 2014 23:34
VW Golf TDI - £8k car a write off after only 20 months - focussed

A judge will not look at the technicalities of the car - he will apply the law applicable to a contract of sale ie the Sale of Goods Act as amended etc etc.

Any trader selling anything new or used to a member of the public is liable for faults up to the time limit of civil liablity of six years from date of invoice.

Believe me, I got hung drawn and quartered financially by a customer who knew the law after 5 years and 11 months because of an alleged fault that I could not have possibly known anything about at the time I sold him the unit.

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Mon 14 Jul 2014 10:14
VW Golf TDI - £8k car a write off after only 20 months - RobJP

A judge will not look at the technicalities of the car - he will apply the law applicable to a contract of sale ie the Sale of Goods Act as amended etc etc.

Any trader selling anything new or used to a member of the public is liable for faults up to the time limit of civil liablity of six years from date of invoice.

Believe me, I got hung drawn and quartered financially by a customer who knew the law after 5 years and 11 months because of an alleged fault that I could not have possibly known anything about at the time I sold him the unit.

Male cattle droppings.

Are you really trying to tell us that a trader selling a 10 yr old banger of a car has a liability in law for 6 years from the date they sell it ?

Because that's what your post says. HJ's consumer advice says totally different, and so does trading standards website (below).

From : sogahub.tradingstandards.gov.uk/sogaexplained

The law says that a customer can approach you with a claim about an item they purchased from you for up to six years from the date of sale (five years after discovery of the problem in Scotland).
This does not mean that everything you sell has to last six years from the date of purchase! It is the time limit for the customer to make a claim about an item. During this period, you are legally required to deal with a customer who claims that their item does not conform to contract (is faulty ) and you must decide what would be the reasonable amount of time to expect the goods to last. A customer cannot hold you responsible for fair wear and tear .
The six-year period is not the same as a guarantee, but it does mean that even where the guarantee or warranty supplied with the product has ended, your customer may still have legal rights.

Note that last paragraph. It says that the customer MAY still have legal rights. Not DOES. The second paragraph is quite clear that a judgement needs to be made about what constitutes a 'reasonable amount of time to expect the goods to last'. It also states that a customer CANNOT hold you responsible for 'fair wear and tear'

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Tue 15 Jul 2014 16:25
VW Golf TDI - £8k car a write off after only 20 months - pd

There is a good thread here:

www.pistonheads.com/gassing/topic.asp?h=2&f=23...4

about how it works in the real world.

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