Hi,

apologies (I can't seem to edit the above post), correction on the mileage, the mileage is 72,000. It was bought at 70,000 and he has done only 2,000 miles.

He would very much like to return the car as he has lost confidence in the car and thinks any repair will only cause problems further down the line.

Hi,

Thanks for the reply, thanks for clearing up the garage is fully responsible for meeting all the costs of repair.

Is there no way of getting a refund? if he simply stops the paying the finance, will the finance company just simply take the car off him?

A few simple facts.

You have no contract with VW and they have no responsibilty to fix the car. Even if the car was under 3 years old the warranty would have expired since the VW warranty is 3 years/60,000 miles.

Your contract is with the garage you purchased the car from and since your friend had only had the car 3 months when it broke they are required under UK law to fix it.

You must give the seller the opportunity to fix the car, taking it to a 3rd party first will jepardise your case.

If the seller refuses to repair it inform them in a letter delivered by registered post that you will persue all costs incurred getting the car repaired from them in the courts.

You do not have an automatic right to a courtesy car, the word "courtesy" gives you a clue about that. However, any decent garage should help you when repairs are likely to be protracted as in your case.

If your friend has had the car less than 6 months he may have a legal right to reject the car for a full refund. The fact that the garage have had the car 2 months should help his case. They need to act fast as the 6 month limit is rapidly approaching and the rejection needs to be handled correctly. Suggest your friend joins Which who have a proforma that ensures its done correctly.

Your friend must continue to pay the finance. If they don't the Finance company will simply reposses the car and they will be out of pocket with a black mark against their name. Since the car is on finance they have extra help available. Under UK law the finance company are also liable for the product thus I suggset they are contaced and informed about the situation. Under UK law they must assist.

With regards to

wow, just got off the phone with VW main customer services, they are saying even if the car is under 3yrs old and thus covered by warranty - you, the customer, still have to pay a diagnoses fee - which is £500!!!!

that is mostly nonsense. If a car breaks under manufacturers warranty an authorised dealer will repair it FOC with no costs. However, in the event of a failure of a "wearing component" (eg a clutch) there may be a charge pending investigation of the failure, if its a manufacturing defect you get the money back, if its wear and tear you don't. A gearbox is not a wearing component so no need to ascertain why it failed. They should just repair/replace it.

Problem is VW customer services will be a call centre manned by total numpties. You needed to speak to a technical manager who knows the facts but as I said above its irreleveant in your case, warranty is expired.

Edited by skidpan on 26/01/2016 at 11:29

Your friend will NOT have the right to reject. That came in with the Consumer Rights Act, which only applies to purchases made after 1st November 2015.

As I said, letter to them (recorded post) saying that if they do not come to an agreement with him within 14 days, he will get the car fixed at his expense, and then Small Claims Court them for the full cost.

Do note that he MUST be reasonable in his expectations. While he may WANT to reject the car, in law he has no right to do so, andthat could well be viewed as unreasonable on his part. However, an offer from the garage to undertake the expenses of repair would be reasonable, and should be accepted (if made).

But it sounds like they don't want to accept their responsibilities in law. In which case he's going to be paying for the repair, and then taking them to court for the sum. BUT he must do it properly, as in the recorded delivery letter giving last chance, etc.

ALL communications with the selling garage should be by letter (recorded post) from now on. Nothing by telephone. Proof is everything.