DRC AGAIN - RESULT NOW AUDI are HELPING :)

[P_G]

If the dealer who sold you the car is not prepared to replace it FOC reject the car as it is not fit for purpose. get your money back and walk. No way of an approved inspection had been done and all clear would it just fail like that in 4 days.

[spikeyboy101]

PG - problem is even if bought from a dealer thats not as easy as it should be, but if bought private even less likely.

@kadburys - Audi have a goodwill 5 year warranty on DRC subject to also having Full Audi Service History (although per Steve they sometimes bend on the FAS) - when was your car registered ? if under 5 years old try to get the goodwill.

If over 5 years old and bought from a dealer i would be taking it back and getting them to fix it and theaten to return it as not fit for purpose

[kadburys]

Thanks that's the problem bought from a showroom in Sheffield called top cars of Sheffield, the warranty they give me isn't worth the paper it's written on shud of done more homework myself but was just eager to get a rs4 guns try my luck with Audi as other side was only done 2 months ago, but read on different forum that they shud change both sides if has had problems! Thanks for the info guys very much appreciated....

[spikeyboy101]

If you bought from a dealer 4 days agao - warranty or not i would be taking it back and insisting they fix it or you will return the car under sales of good act.

Kick up a stink in the show room when othr customers are there

[neckarsulm]

@KADBURYS, your statuatory rights still apply so don't accept a sh1tty warranty as all the protection you get, this is a typical slight of hand of the average motor trader.

[adsgreen]

As above.
No matter what, Sale of Goods Act always takes priority over 3rd party warranties and if bought from a registered motor trade dealer then essentially any fault that occurs during the first 6 months is assumed to have been there at purchase and it is up for the dealer to prove otherwise. After six months it gets reversed.
The slight issue is that a fault that would have been expected to be found during an inspection by yourself would be a very grey area. For example, if the car pulled to one side under braking then you'd be expected to be able to notice that during the test drive so gets a little trickier.
A failed DRC is a little tricky - generally you can see (but not always) fluid on the shock however it's possible that the system had lost pressure or a control valve failed and that is not reasonable for you to be ale to check during a test drive.

However rejecting a car (voice of experience here) is easier said than done.
My advice would be to do this:
- Don't get angry. It just doesn't help your case at all.
- if possible go to the dealership and ask to see the dealer principle.
- Have a sensible and reasonable conversation (see don't get angry part above) and don't start throwing the keys down.
- Point out the fault, how you found it (ie, if from an Audi dealer any report paperwork).
- Worth making a note that the fault is an MOT fail and would constitute the car as being unroadworthy.
- Under the Sale of Goods act you have to give the dealer reasonable opportunity to fix the fault. With the DRC this is tricky as it takes specialist equipment and training only available (AFAIK) at Audi franchised dealers.
- If they point you to the warranty and ask for it to be done under that then that is fine as long as the warranty company agree. If they don't then it's back to the dealer. Your sale contract is with them not the warranty company.
- If you have legal cover with your house or car insurance then worth a call.
- if they refuse to look at the car then you need to reject it then and there. Make sure you have both sets of keys, a letter containing just the facts and ask for a receipt.
Then it becomes a legal waiting game.

Any letter you do make make sure you
- stick to the facts - no emotion just completely black and white.
- have big header with "without predjudice" on it

- state the time and date the car was bought
- full amount paid
- full deposit paid
- mileage
- name of sales person
Next section
- date/time noticed the fault
- mileage
- any investigatory action you have taken and by whom
- any supporting document evidence (audi worksheet, photos)
- photos and a written checksheet of the cars condition noting any cosmetic damage.
Next section
- state that you are returning the car under the sale of goods act (1996 revised - i think) and that the dealer has accepted the car being returned. This letter represents a recipt of the goods.
- what you would like the outcome to be
- a (reasonable) date for the remidial work to be completed by
- course of action should the work not be completed in time, refused or fail. IE, reject the car and expect a refund (less any mileage charges)

Finish the letter with a nice bit about how nice everything has been apart from this issue and that you hope the matter can be resolved amicably to the satisfaction of all involved.

Take a copy for both of you to sign when you return the keys. The main point is that you can't continue to drive the car and reject it.

If you are set on rejecting the car expect this to take a few months and after this a couple nasty solictor letters to get things moving.

Strongly advise getting some independant legal advice though.

[kadburys]

Thanks for that guys very helpful and appreciated will let you know the outcome! Take care

[dogiatrix]

Very helpful advice. Thanks guys.
Off to Audi this pm to get my shocks checked out.

[dogiatrix]

An update.
Thanks to all the advice on this thread / forum.

Irwin


http://forum.rs246.com/viewtopic.php?f=2&t=95294