Hi guys 1st post please be kind. I have been trading for 6 months without any real issues other than an audi a5. I have attached this letter I plan on sending to the guy. Am I right. His friend turned of the EML and Coil light after two days ownership no chance to repair and now the DPF and EGR are shagged £1500 quote
Thank you for your update regarding the Audi A5 3.0TDI registration YF07 YXK. You originally notified me of an issue with the car on 30th September after you purchased the car on the 28th. You highlighted to me that the car was in Limp mode and was not driving correctly. I asked you for ECU codes, on knowing this information I highlighted this issue could have been caused by the DPF.
I then heard nothing from you regarding the car until 30th October 2018. You highlighted that the car had entered LIMP mode on a drive back from Scotland. After further exchanges I asked you what the codes where and what were the issues.
You couldn’t give me a definitive answer to those questions until the car was seen by the garage on 2nd November 2018. You then text me on the 1st to highlight that the car was struggling to pull off and felt like it was stalling. This is after you have told me the car is already broken. I agreed to cover the cost of getting the car to the garage to assess however it isn’t unacceptable when owning an 11 year old car to have some form of breakdown cover. This cost for diagnostics and recovery is purely out of good will and no way accepts liability for the cars current status.
On a further exchange you told me that the car was fixed by your friend for free and it was the particulate filter. You then continued to use the car for one month without issues until the 30th October this was the 1st exchange since the 30thSeptember.
As I made you aware this was my personal car and registered in my name on the V5C, and I also highlighted that due to not being able to provide you with the V5C at the time of the sale I would provide you with a used car sales receipt. Which you agreed you would be happy with; this wasn’t a stock car of WILLS CARS LTD.
Consumer Rights Act 2015
The 1st 30 days you are entitled to a refund if the car is unfit for purpose, you can ask for a repair or replacement, but you are not obliged to do so, but you can insist on a refund.
No opportunity was offered for me to fix the car, as your friend completed this for you, I assume correct parts and tools were used for this work. Please provide all receipts and invoices for all parts used on this work carried out. Also please provide warranty receipts for this work, as you quote it was ‘sorted for free’
This new issue was clearly not present at the point of sale (otherwise the individual who sorted your car would've picked it up when he last worked on the vehicle) so may I suggest you get in touch with him as issues not present at the point of sale and not covered by the consumer rights act 2015 and fall outside the realm of our responsibilities.
Under the CRA 2015 it is down to the consumer to show there is a fault and that it was present when you collected the car. The customer has to prove the fault was there. Please provide evidence of faults outlined in the quote within 7 days from the date of this letter
Your 30 days lapsed on the 28th so you are not entitled to a refund.
After 30 days you are obliged to accept a repair or replacement.
Based on the quote provided and to date no evidence, of any work s those were completed on the DPF on the 30thSeptember and no mention of the EGR valve or solenoid being at fault. In line with the ‘Consumer Rights Act 2015’ a company or trader is only liable if it’s, not fair wear and tear, accidental damage or misuse. I feel that if correct repair had been completed on the 30th of September the following work wouldn’t need to be completed on the DPF or EGR. Therefore I am only not liable to pay any of the costs for the EGR Solenoid, EGR Change over Flap, Pipe DPF, Consumables or labour.
As the car had raised a fault on the 30thSeptember and had correct processes been followed and the repair carried out correctly at the time no further faults would have arisen. Also under the consumer rights act it is for you to prove this fault was there at time of purchase. This would have been picked up on the 30th September if this was the case.
Out of good will as I understand you are having a tough time at the moment I will pay the following outlined below. By payment of this I am not accepting any liability for the cars current status.
The parts and labour I will pay for are outlined below.
This is a final and a onetime good will offer and as far as I am concerned closes this matter.