A month ago my wife bought a new VW Polo 1.4tdi. The car had a faulty gearbox from the start - it was sometimes almost impossible to get the gear lever out of reverse. After 264 miles the drivers' front seat tipping mechanism broke so that the seat was permanently tipped forward; VW breakdown had to come out and get the seat back to its correct position. The seat would not then tip forward.
The car was taken into the dealer two weeks ago to have a new gearbox and two new front seats fitted. The gearbox and passenger seat have come but they are still waiting for a replacement seat. The dealer has been excellent with no problems over a loan car. They have 'chased' VW's constantly and suggested that my wife also contact VW customer services.
Customer services keep saying that they are doing their best to get the missing seat.
We are intending to give VW another week to get the car fixed and if it isn't we would like to explore the possibility of getting the car replaced. Has anyone suggestions as to the best way of going about this as we realise this action will open a whole new can of worms?!
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I think I am correct in thinking that if you reject the car on grounds of not being 'fit for purpose' you have a much better case if you do this within 28 days. If you are thinking of this decide & do it before this time has passed.
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If you do take the car back to the dealer, hand over all the keys, get a receipt and walk away. Don't be fooled into taking back after they have supposedly fixed the faults. Leave the legals to your lawyer. Get one who specialises in contract litigation or consumer law. Your local lawyer may not be the right one for you.
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You can get them on this one, you will need a specialist Lawyer who knows this aspect of law however. Expect to pay something for this, but you could get this money back if you manage to prove VWs liability and breach of contract.
good luck!
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The important point about the Sale of Goods Act is that it defines the limits of responsibility of retailer (in this case car dealer) to customer.
It does NOT define VW's responsibility (if any).
Now, it may be that VW put pressure on the dealer to resolve the problem(s), but the responsibility is the Dealers.
Any Court action (if it should come to that) will be against the Dealer.
Any suggestion on the dealer's part that the customer should contact VW customer services sounds very like Slopy Shoulder Syndrome.
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