Audi TT Coupe - Faulty car just after few days... | Legal matters | Back Room Forum

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Sat 18 Dec 2010 19:28

Audi TT Coupe - Faulty car just after few days... - deejoh

Hi all,

Here is my story :

I bough a 2001 Audi TT with 46123 miles last saturday (11/12). And unfortunately I have few problems.
The saturday I just did a the way back to my home (130 miles) without any major problem, just like a "hole" in the speeding up but this happen only once.
I booked a full service plus Cambelt change and a MOT on the car and at my home on tuesday and I didn't drive it more before that.
The mechanic did the full service + Cambelt (total : 580£) change but the car failed to pass the MOT because of wear and tear parts such as the front tyres who have 0 mm thread.

Before I bought the car I asked by mail to the seller how were the tyres and he told me that they were nearly new (I got his writing answer). He also told me he checked the car carefully (112 pts)

After that I went to mechanic 5 miles away from my home, to change the wear and tear part to pass the MOT. On the way the engine warning light came on, so I requested to the mechanic to have a look in the same time. Also I felt again the "hole" in the speeding up.

My mechanic investigated on that and told me that he is 99% sure that the turbo part is failing, and this part was failing before I bought it. Also he thinks the mileage is suspicious for a car of 10 years old.

I called the dealer, who wants to investigate himself on the problem, but he told me that he'll never repair the turbo as he thinks I broke it.
He said also that if I go to court for that I will lose, as this happen before

Also, the title's car ad said : "2001 AUDI TT QUATTRO 225 BHP COUPE S LINE BLACK", but the car is not an S-Line it's an Audi TT Quattro 225 BHP only. The S-Line add few features.

To resume the problems are :
- Tyres with 0 mm thread. So the car is unroadworthy isn't it ?
- Turbo failure.
- Wrong description of the car.

I already paid 1080£ to replace wear and tear parts. I really don't know what to do next. I'm thinking to give the car to Audi to allow them to investigate on the mileage and on the turbo.

I told all of that to the dealer, this is his answer :

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"I can tell u now you have damaged that car.. And you came and agreed to buy that car.. You saw it before you paid and agreed you were happy

You will not get a single penny

See you in court

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Also if the tyre has 0mm why did you not point this out when you came to view the car?

I believe you have sabotaged the car in order to get a refund

Also the vehicle on eBay was removed.. It was made clear to you exactly which vehicle and it'd deriritive.. You did nit buy it through eBay

Goodbye"

I was thinking about doing asking an expert to write a report regarding the tyres and the faulty turbo

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Sat 18 Dec 2010 20:29

Audi TT Coupe - Faulty car just after few days... - Collos25

You made a mistake by taking it to another garage without giving the seller the chance to put the car right.You need legal advice now ,here is the script of the sales of goods act .

I therefore reject the "YOUR CAR DETAILS" under Sale of Goods Act 1979 as modified by the Supply of Goods and Services Act 1982, subsequently modified by the Sale and Supply of Goods Act 1994, I am contending that the supplier is in breach of contract to me for supplying a car which was not "of satisfactory quality", or did not remain so for a reasonable period of time, and furthermore at point of sale the car was clearly mis sold, as having a range of optional extras, that clearly it did not have.
Furthermore, The Supply of Goods to Consumers Regulations 2002, is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003. This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect.
I expect the finance deal to be reversal and the return of my P/X or monies to the value,

Obviously you have to add the term of events in the lead up prior to the rejection notice

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Sat 18 Dec 2010 20:45

Audi TT Coupe - Faulty car just after few days... - deejoh

I gave the car to another garage only for the full Audi service, to change the cam belt and to replace the brakes and the boots. All of these happen before the turbo problem.

Before that I asked him if he can repair it, but he answered me that :

" I have looked at the report

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This is nothing but wear and tear?!!!

Waranty will cover none of these johann they are wear and tear parts!!!

There is nothing here which is mechanical failure at all!!"

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Sat 18 Dec 2010 20:53

Audi TT Coupe - Faulty car just after few days... - ablandy

But that only applies if the dealer is actually a dealer. It could be argued its a private sale by the bloke who sold it on ebay. Need more info from the OP.

When you bought the car, did you not check the tyres?

It is quite possible this is a private sale, in which case you have little chance of any recourse. Even if its a dealer sale, you have little chance of satisfaction. Buying price is also a consideration - was it cheaper than it should be?

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Sat 18 Dec 2010 21:17

Audi TT Coupe - Faulty car just after few days... - deejoh

It's a dealer, not a private seller.

He told me by mail that the car was carefully checked (on 112 point) with nearly new tyres. I've just trusted him.

I paid 6075£.

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Sat 18 Dec 2010 21:32

Audi TT Coupe - Faulty car just after few days... - Collos25

You must have looked at the car before you bought it a big difference between bald tyres and ones that are neary new.As I have said before you need legal help.

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Sun 19 Dec 2010 05:17

Audi TT Coupe - Faulty car just after few days... - LucyBC

If it is a dealer then the OP has some considerable rights and will not have reduced these by taking it to another garage for the service and cambelt. The seller has no responsibility for paying for this work but if anything the OP has improved his position in the eyes of the court by showing himself to be a responsible purchaser.

On the tyres the OP should have checked them, and as it would be normal to check for wear it is perfectly possible for the seller to argue that the buyer should have been reasonably aware of their condition at the time and this was allowed for in the price. The seller should not have sold a vehicle which is unroadworthy but the case is arguable as to who fixes it if the problem is easily visible. However the seller saying they were "nearly new" in an email skews the case in the OPs direction. I would expect to get some contribution for the tyre replacement. It always makes sense for a dealer to sell a car with a new MOT as this considerably improves his position in the face of consumer legislation.

On the S-Line if the car was described as something it is not in any advertising material or verbally by a salesperson then it is not "as described" and the Sale of Goods Act will apply. I am not sure a minor misdescription of what are fundamentally "extras" would give sufficient grounds to reject the car at this price and of this age but again it strengthens the OPs position.

The turbo has not failed yet and all that we have is a mechanic from another garage suggesting it may fail or is failing. The engine warning light obviously suggests this may be the case.

As things stand the dealer has agreed to have someone inspect the vehicle regarding the mechanical failure and you have to agree to let him do so.

He is completely wrong in law (and utterly bonkers in his attitude) by saying he has no responsibility for a failed (or failing) turbo. Any fault developing the first six months would be deemed to be there at time of sale unless he can show otherwise. A major fault such as a turbo would render the vehicle not fit for purpose and would be another ground for rejection.

The mileage is low for a vehicle this age and your mechanic is probably working on a gut feeling (nothing wrong with that) as to the general condition of the vehicle as to it being wrong. It should have been recorded in the service book and at previous MOT checks. An HPI check should reveal any discrepancies. The dealer may have a get-out on the mileage but it is suspicious and I would suggest you contact the previous keeper(s). If the mileage was reduced after the dealer bought it he has committed a serious criminal offence. If it was sold to him showing that mileage then he may have a defence.

Where you are at the moment is:

1. You need him or a mechanic representing him and paid by him to inspect the vehicle re the engine warning light. The cause needs to be agreed and some agreement reached as to remedy. Normally this would imply him paying the costs of putting it right. You may get a contribution as to tyre replacement.

2. Because it is so near to the point of sale the accumulation of problems (tyres, not "as described", warning light, possibly mileage) would probably give you grounds for a full cash refund. However this would probably not include recompense for any money you have spent on the vehicle without his agreement (cam belt, service, tyres) unless you sue him for "betterment".

So the first question is do you want the vehicle if the engine problem is fixed or do you want to give it back and be refunded - although probably not recovering the additional money you have spent on it?

The second question is do you want to deal with him yourself or do you want me to deal with him for you?

Write to me at asklucy@honestjohn.co.uk

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Sun 19 Dec 2010 09:26

Audi TT Coupe - Faulty car just after few days... - injection doc

Why oh why buy from fleabay ? & travel 130 miles to buy a car!

There are plenty of independant vehicle inspectors or the national ones who will inspect a vehicle before purchase.

I rest my case!

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Sun 19 Dec 2010 10:29

Audi TT Coupe - Faulty car just after few days... - Collos25

You can see why its so lucrative to sell cars via fleabay you seem to be able to get rid of any old rubbish a quick look through the offers and you can see so many cars that are suspect .Its also a good thing that there are the likes of Lucy around to fight for the customers when it all goes pear shaped.

Edited by Andy Bairsto on 19/12/2010 at 10:30

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