Firstly a big thank you to all for the contribution it is much appreciated.
Now I can see that this forum isn't the norm, i.e. not full of lunatics or sad acts, I am more than happy to share situation, due to search engines picking up on the names of businesses I don't think it wise to share the name of the company or companies involved but will gladly tell you who I am if you PM me.
OK here we go....a quite genuinely lovely 2016, 19,000 mile, Golf R taken in p/ex from the one and only senior sensible (not an extra from fast & furious) owner, I know we all say it but in the best colour, best spec and unrivalled pedigree, priced bang right hence in stock for only 48 hours. Car has a fully documented VW main dealer, last serviced October 2017 at circa 17,000 miles. Test driven upon appraisal, drives lovely no issues, when it lands in p/ex I drive it again, no issues.
Due to the full history and no MOT requirement it goes for an RAC supplied Multi-point checklist (part of our dealer status standards), completed independently by an established garage, they tick all the boxes with exception to tyres, reported as 2 -3mm so I fit 4 x new Toyo speed rated quality tyres. Job done.
A lady from circa 150 miles away makes an enquiry, we have a bit of sport over her p/ex, a 1 owner FVWSH 11 year old MK5 Golf GTI and after a few calls, emails, etc she agrees a deal and pays a deposit, 4 days later she is on for collection.
Due to the nature of her previous car, the 11 year old slightly dated GTI, and what she is buying I unusually, upon my insistence not hers, take her for a test drive prior to her handing over her money, mainly as I wanted her to understand the dynamics of the "R" and how the different modes work including the Race / Lunatic mode. We went for a test drive on a flying mile or two, up and down hills and across country lanes so the entire spectrum, she has a drive and is very impressed with the car, hence we return and she can't pay her money fast enough, she says bye to her old MK5 GTI and drives home.
The very same afternoon I get a photograph of her son hanging out of the pano roof and a nice text thanking me for a wonderful car and the buying experience, happy customer.
I then totally unexpectedly get a text later on Monday to say nice car but there is a creaking, she has been on the net in the night and youtube has a string of MK7 Golf rear suspension issues, she has had friends in the car and they can also hear a creaking noise coming from around the back of the driver's seat area. I obviously responded promptly and told her to arrange to take it into her local VW dealer, the same one she is well known to who supplied and serviced her p/ex the MK5 GTI at least 9 times.
A little later she confirmed that she has booked it in with them but for me to not to do anything with her old car as it there is a problem she will want a refund, here we go!
I politely explained that considering the cars, pedigree, full VW history, RAC MPC and the fact the car has over 12 month of the manufacturer's warranty remaining it will get sorted so not to worry.
The lady then text me to confirm her booking and that she is to go on a diagnostic road test with the technician, at this point it is very evident she has been reading up on protocol and attempting to head toward a refund situation. She has the accompanied road test to report a creak from possibly the pan roof (not the suspension, surprise, surprise) and now a whistle at low acceleration, as we all know it's a Turbo which is typical.
At this stage I make contact with the dealer to mark their card just in case they try to condemn the car to get her into one of their group stock, my email to the them as below;
"Dear XXXXXXX, (one of the service team)
With reference to our recent conversation of 09:56 today please would kindly keep me in the loop regarding the Golf R – XXXXXXX, as you are probably aware this is a matter of some urgency as our mutual client, Mrs. XXXXXX XXXXXXXX, is alleging faults with the car, considering the pedigree of the car, i.e. 1 private senior gentleman owner, average to low mileage and that it has a full VW main dealer history, it is as far as we are concerned sold without fault. Although we must confess to not holding a franchise every car sold goes through an independent RAC multi-point check and any reported fault is remedied in advance of handover, it goes without saying this car was sold without fault, this car also had the benefit of 4 x new branded 92Y speed rated tyres, hence any obvious suspension fault (as hinted by Mrs. XXXXXXX) would have been noted and or rectified by both the tyre fitted and or independent RAC related inspection.
The customer also had, upon our insistence not hers, a test drive on Saturday prior to handover and the car was driven by both myself and the customer, again through all modes on a flying mile, up and down hills and across country roads, no fault was heard by either party. The customer then drove the car home and sent me a picture of her son in the car and a kind message to thank me for the car and the buying experience, so you can imagine her alleged claims of fault are a little strange. There can be instances of “buyers remorse” where what are characteristics of a car can be wrongly mistaken as a fault, i.e. a whistle which is evidently typical of a turbo enhanced power unit or they have read up on the consumer act of 2015 and attempt to fabricate fault(s) to gain a refund on a car that they aren’t comfortable with.
It is vital, as to save on financial loss for either related party, that you can report back with the findings as soon as humanly possible. In the rare and usual event of an incurable fault I will obviously have to refund the customer and then pursue VW for my losses, hence it is vital that any declaration made by or on behalf of XXXXXX is one of a most accurate nature as I may have to rely on it in a legal claims procedure, likewise if you report no fault or that it is a characteristic of the MK7 Golf or specifically related to the “R” model I also need written confirmation (email is fine) so I can confidently dismiss any attempt of an unjustified refund.
I apologies for the seriousness of my email but I have experienced once before a similar scenario on a BMW where a fault was claimed which led to a refund but proved inaccurate and the service agent had to compensate accordingly, however I am sure that any alleged fault can be remedied by a dealer of your stature.
Many thanks for your assistance in this matter"
The very latest is that she has a loan car for 2 days as the pano roof creak is to be remedied under warranty, as its a known fault, yet curable one, and the other alleged issue is being look at.
My concern here is that how can a quality used car dealer be responsible when a car has a boat load of manufacturer warranty left on it, surely if it has a fault that can be resolved then it is negligence on behalf of the manufacturer????
As yet I won't know the outcome until close of play or later but interestingly how I can potentially be liable for what could be case of a car built at 5 to 5 on Friday or where the alleged fault is a characteristic of the car and not actually a fault as such.
I'll keep you all posted