Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - Paul SQ5

Hi all

Hopefully someone can give me some guidance here. It's long(ish), so bear with me.

Three and a half weeks ago, I bought a reasonably new used Audi SQ5 from Audi Northampton. It had 18k miles on the clock, and was the spec I was looking for (all the bells and whistles), so I travelled a fair distance to view it. I travelled 130 miles to view it, in fact. I paid £34k for the car, so it wasn't cheap, and I had it delivered the 130 miles to me a week or so later, for an additional £200.

After driving it round the block from where the delivery driver left it, the car was then put straight into my garage for the first week, as I still had my old car, and the first time I really drove it any distance was a week later when I embarked on the 500 mile round trip to see my folks for Christmas. Once I'd set off, it became apparent that the car was hissing under almost any application of throttle, and at various revs was also screeching. I continued to my destination, and called out Audi Roadside Assist, who acknowledged there was an issue, but were unable to diagnose it at the location I was at. I was, however, assured that it should be OK to make the return journey.

On returning home, the car was immediately taken to my local Audi dealership (Audi Roadside Assist had booked it in for me in advance), who gave me a courtesy car to use in the meantime, as my newly purchased car is still under manufacturer's warranty.

That was on 29th December.

So in summary, I've had the car for just over three weeks, and for (as I write this) 11 days of that, it's been garaged with Audi, who are trying to ascertain what the problem is. Their last update was that they don't know what the issue is, and are consulting with Audi Technical head office, so it's clearly not anything straightforward.

That's the background.

Oh, and there is apparently an option to return a purchased used Audi within 30 days, however since I don't have access to the car, I don't think that's a route I can look at immediately (and I'd rather have the car back, fixed, than return it). I have spoken to Audi Northampton and told them there is an issue with the car, but they have now stopped responding to emails. Great customer service.

My question really is whether or not it's reasonable to be seeking some sort of compensation from the Audi dealership that sold me this car (legally, or informally). I kind of feel that I've been sold a pup, but I'd expect better from a prestige dealership.

Looking forward to any input that anyone might have on this.

Thanks in advance.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - RT

You need to consider seriously whether to reject it before the 30 days are up and get your money back - especially if the selling dealer isn't responding - the clock is ticking.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - ExA35Owner

Your consumer rights redress is against the dealership who sold it to you, not Audi themselves.

And just to be pedantically clear - the other dealerships that are looking after you (or not) are working under the warranty, not your consumer rights. And they are (I imagine) dealers not actually owned by Audi.

This is already tangled, and may get worse....

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - RobJP

You need to consider seriously whether to reject it before the 30 days are up and get your money back - especially if the selling dealer isn't responding - the clock is ticking.

Agreed. time is running out. A formal letter of rejection sounds like the only real way to get their attention.

Don't allow yourself to be fobbed off. You have those rights, but they do expire if not used by the deadline.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - FiestaOwner

£34000 car and the garage doesn't know what is wrong with it. I hear alarm bells ringing.

REJECT IT NOW.

Forget about compensation, just reject it.

It's a pity the car wasn't returned to the supplying dealer (for repair) as another garage being involved just complicates things.

As ExA35Owner says. Your consumer rights are with the supplying dealership.

PS. Agree with all the other replies (RT, ExA35Owner & RobJP)

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - Paul SQ5

Thanks for the advice everyone - I agree, it is a tangled mess at the moment, hence me seeking advice.

Your input is very much appreciated - I'll do a formal letter of rejection.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - RT

Deliver it back to the supplying dealer, don't use it after you've rejected it.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - Brit_in_Germany

If it turns out the fault is not one which is covered by the warranty (e.g. due to the previous owner having chipped it) you are back to dealing with the supplying garage and if the 30 day period has passed you are not in a good position so, yes, reject.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - nick62

Just get it back to them URGENTLY and reject it.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - Paul SQ5

I've emailed them a formal notfication of rejection of the vehicle, thanks all.

Now waiting to see what response I get. Obviosuly I'm now waiting to start the dialogue about what happens next...

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - concrete

If you have legal cover on your motor policy then maybe you can speak to a consumer rights lawyer who has some speciality in this area. If you meet the criteria for rejecting, as oposed to simply returning it under a dealer offer, then you may well be able to claim for the return of your £200 delivery charge and for the cost of returning the vehicle. I don't know how far your rights extend to claiming subsequent costs, an expert can tell you. Sounds very disappointing. I would have expected a 34K, fairly new Audi to be in tip top condition and I can fully understanf your loss of confidence in the vehicle. It may be worth a chat with the previous owner if you have the C5 document. There may be a good reason he traded it in. Best of luck and please let us know the outcome.

Cheers Concrete

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - pd

If you are set on rejecting it then this wil be 100x easier under the Audi Approved 30-day offer than using any Consumer Rights.

Only bother looking at Consumer Rights if they don't stick to the deal as they can be a nightmare to actually asert if the other party disagrees and end in all sorts of complicated arguments.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - Palcouk

You need to send a mail by recorded delivery to the Dealer Pronciple, formaly rejecting the vehicle - NOT an email

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - concrete

You need to send a mail by recorded delivery to the Dealer Pronciple, formaly rejecting the vehicle - NOT an email

I agree. I put this into my original thread then lost it by pressing the incorrect key!!!!

Concrete

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - A Driver since 1988, HGV 2006

They could claim they didnt receive the email, print it off and send it recorded post, or even better hand deliver it with a witness, do not wait, time is not your friend here.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - A Driver since 1988, HGV 2006

I agree prettty much with everything others have said except 1, warranty or not your consumer rights are not negated here.

1

The short version is that if you buy goods it must be fit for purpose, full stop. there are no grey areas here, it is black and white.

2

Time is your real enemy here, do not wait for them to come and collect, and if possible do not drive it, if you can get the recovery people to deliver it then do so, the reason is so they can't say you caused further damage by driving it after the event, if thats not possible then tow it there.

4 Evidence

Try and record if possible the sound it makes, if you had a dashcam then save it for later use if it records the " running sound of the engine", make sure you have a copy of the report from the recovery people confirming the noise it makes and the reasons for the noise that might have been suggested by the other party. Note the milage between the time you got it and the time you noticed the problem, guess if you did not make a note of it. Finaly do not post documents without using registered post, hand deliver them if possible with a witness and get the name of the person you handed it to. try and make sure that audi and the dealer get copies each, so everyone is in the loop.

5

I would suggest your issue is with the dealer and not Audi themselves, your purchase was with the dealer and not the car company that made it, unless you bought it with del or zero miles on the clock.

6

You said they delivered it, ask the question, was that noise being made while they drove it to you, and if so why did they not turn it around and sort it out before continuing by taking it back to the dealer, if it made the noise when you drove it, it must have made the noise when they drove it as well, so a case of negligence might be applicable here.

TAKE IT BACK AND GET A REFUND, if you are having issues now how much worse will it get over time.

Edited by 30 yr's a Professional Driver on 10/01/2018 at 17:39

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - skidpan

5

I would suggest your issue is with the dealer and not Audi themselves, your purchase was with the dealer and not the car company that made it, unless you bought it with del or zero miles on the clock.

Your contract is always with the dealer regardless of the mileage on the clock. The only excpetion would be if you bougth direct from the manufacturer and as far as I am aware only small companies such as Morgan and Caterham do this.

6

You said they delivered it, ask the question, was that noise being made while they drove it to you, and if so why did they not turn it around and sort it out before continuing by taking it back to the dealer,

The delivery driver would simply be a muppet paid to drive the car 200 miles. They would have no interest in the mechanical health of the car and probably no mechanical sympathy.

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - A Driver since 1988, HGV 2006

Fair point, but seriously dont rely on the email, please take a letter down or get it del reg post. Even if your mail said it is sent, they can still deny having received it and say it may have gone to their junk folder, the onus is on you to prove they got it, not for them to prove they received it, and they may use delay tactics to invalidate the 30 day refund.

Edited by 30 yr's a Professional Driver on 10/01/2018 at 18:07

Audi SQ5 - Legal advice- issue with Audi SQ5 from main dealer - pd

I don't understand why anyone is suggesting rejecting it under consumer rights if the Approved Audi Scheme has a 30-day return guarentee anyway. Just return it under that if the OP wants to - much less hassle.

If you go the Consumer Rights cul-de-sac from the off they might simply come back and so no, the car works, it is fit for purpose and Audi Roadside have said it is OK to drive and the buyer should be reasonable and let them fix a noise issue. Then you're at deadlock and it could take months to sort.

Under the Approved Scheme they either have to find you an equivalent car (which seems unlikely if it is a rare spec) or refund. Much easier to try this first.

 

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