[latent]

I took delivery of a new Golf GT 2.0 TDi on 28th January 2005. Over the 4 weeks of ownership of the vehicle I have identified a number of faults which have required attention from the service department of the dealership. Specifically:

Report 1: (2 days in dealership)

? Remote fuel release button when used by me for the first time, the button mechanism and surrounding retainer came adrift in my hand!

? Excessive tapping noise from dashboard near passenger side.

The vehicle was with the dealership 1 day to ascertain cause of the above. Parts were required and I was requested to re-book for another day. The car was then left with the dealership for second whole day. The remote fuel release was replaced but the noise from the dash could not be rectified. I was requested to book the vehicle in for two additional days as service engineers required complete dash removal.

Report 2: (Initially 2 days in dealership)

The car was left with the dealership on Monday 28th February for the two additional days. I was provided with a courtesy car.

In addition to removing the dash I reported yet another problem for the dealer to inspect. The driver?s door needs slamming to shut properly. This was added to the engineers log sheet. Late Monday afternoon, I received a phone call from the dealer stating that despite removing the dash and instrumentation they could not locate the cause of the noise. They suspected it was coming from the ?B? pillar and that it could possibly be a manufacturing defect. I was informed that the vehicle would need to be sent to an approved body shop for further investigation. The vehicle would be transported on Tuesday 1st March, but they could not be certain how long it would take to rectify the problem.

I informed the service staff at the dealer that I was displeased with the quality of this vehicle. They advised me to contact VW customer services. The details given above were reported to VW customer services on Monday afternoon of the 1st March. They provided me with a case reference number I also contacted VW financial services as th vehicle is subject to a finacial agreement with them. They asked me to forward all the details in writing.

Having not heard from anyone on Friday 4th march I visited the dealer. They said that the car was still at the body shop and would be there until at least next Wednesday (9th). I spoke to the sales Manager and told him that I had informed VW cust. serv. (he was not aware of it!!) and that I don't want the car back!!. I insisted to both him and VW that I want the car replaced with a new vehicle and compensation. I await further news.

How far does anyone think I'll get with VW on this. any advice/ guidance would be appreciated.

 

[Tooks]

Just formally reject it, if you're that unhappy with it.

Can't remember exactly how you do that, but the What Car website/mag has full details. I think you need to inform the finance company too.

They will probably beg you to let them attempt another repair, but stick to your guns and you'll win.

I've heard of cars being rejected for much lesser faults, so you should be fine!

Bear in mind you may be without a car whilst the new one is ordered, as formally handing it back means it's not available to you.

Alternatively, you might be able to haggle a very advantageous deal on a new one, and they'll let you keep yours in the meantime.

Tough one to know what to do...

 

[cjp2k]

i went through something similar... vw cust services agreeded teh car was a pos and needed replacing... but they cant force anything as it is a contract with the dealer when u buy the car...

When ur dealer accepts rejection they send case off to vw uk and they decide how much finiancial help they will give the dealler!

Long winded process mind... i was fighting for nearly 6monmths!

 

[David Pollard]

I've had some problems with my Mk5 too mate. The windscreen leaked water into the front passenger footwells (selant wasn't sealing the windscreen properly. They had my car for 9 and a half weeks before i got it back and i had many headache meetings with the service manager and the brand manager. - seems to be sorted now tho and i got ?500 compensation for it

It is possible to reject the vehicle, however I doubt that your car is currently meeting the criteria for car replacement. it must be with the dealer for a period of 20 days in the first 12 months of ownwerhip, however they only count working days on the vehicle and not days waiting for parts.

It is the dealers decision to decide if they replace the car but, it is extremely unlikely that you'd be able to convince them unless VW customer services contribute towards the cost of a new one (I had the very same arugement with them and they just wouldn't replace it) But it must meet the criteria to get VW cutomer services backing (their a waste of time to be quite honest)

If you cant get your money back or a new car then push for compensation, something like free servicing for three years or better still a load of cash, there is a good possibility that you'll get something.

When the car is how it should be, i think you'll be pleased again, didn't take me long to get the grin back on my face

Let us know how you get on? - i really do feel for you mate.

 

[Tooks]

I'm an armchair lawyer, like most people on here I expect! []

But, it would appear that although a dealers willingness to replace your car is linked to how much support they'll get from the importer (VW UK), in UK law the contract is between yourself and the selling dealer. A car purchase is covered under the Sale of Goods Act and as such you have rights.

The BBC Watchdog site contains the following text...

"The Sale of Goods Act 1979 (as amended) is the statute which covers the sale whether it be a car, clothes or a toaster that you are buying.

When buying from a dealer, the law says that a car must be:

Of satisfactory quality

As described, and

Fit for the purpose

Satisfactory quality - It must meet the standard that a reasonable person would regard as acceptable and be free from defects, except those which are specifically brought to the attention of the customer or, if the customer examines the car before the contract is made, those which the examination should have revealed. Also, bear in mind that a second hand car will have a slightly different definition of what is considered 'satisfactory', as there is bound to be an element of wear and tear.

As Described - This includes the history of the car as well as its specification. For example, if the dealer described the car as previously having 'one careful lady owner', it shouldn't turn out to have had several previous 'boy racer' owners.

Fit For the Purpose - It must be reasonably fit for any normal purpose and this includes any purpose that you specify to the seller.

If any of the above are breached then, in theory, you may have the right to reject the vehicle and get your money back if you are reasonably quick. Alternatively the dealer might offer to replace or repair the car.

Once you have informed the dealer that you wish to reject the car, you must cease to use the vehicle. If the dealer, or finance company (if bought on hire purchase), is disputing the rejection, then it's up to you to prove your case. You will need to pay for an independent assessment of the car and sue for damages. If you do choose a repair, insist the dealer provides you with a hire car or pays any travelling expenses you incur while your new car is in the garage.

If the car is new, it is likely that the claim will be too high to be fought using the Small Claims procedure so you may have to pay for legal representation. All this can be pretty daunting and expensive. You need to weigh up the pros and cons before rejecting a car. Would a repair do just as well?"

So, rejecting a car can be quite difficult and potentially "up front" expensive, but it can be done.

Given the amount of cash involved though, I would seek proper independent legal advice and decide if you want all the hassle before going any further.

At the very least, threatening to reject should help them to get their skates on attempting repair!

Good luck!!

 

[kenl]

I had a car rejected and replaced with no problem by my dealer. They gave me a courtesy car (another new Golf) whilst the replacement car was being built.

A few observations.

To David Pollard - I'm not sure if your statement is correct in this case or mine. I've read somewhere else that now if a car develops a fault any time within it's first six months of life then it can be assumed to be there from manufacture so may contravene the supply of goods act.

To Latent - I haven't heard the problem with your car but your dealer may not consider it serious enough to accept rejection.

The dealer asking you to contact VW Cust Serv' seems weird as your contract is with them and not with VW.

Write a letter to the Dealer Principal stating that you are rejecting it as it contravenes the supply of goods act.

A lot of good, official info here http://www.dti.gov.uk/ccp/topics1/saleandsupply.htm

 

[weeloon]

My advise - Go buy a Fiat and report back here how it is

 

[Chris]

Quote: posted by weeloon on 07/03/2005 23:48:09

My advise - Go buy a Fiat and report back here how it is

Understand what your saying mate, but on a 4 week old car having niggles that cannot be diagnosed? A car thats likely cost the best part of ?20k? I know fine well i'd be doing the same thing...

 

[kenl]

I've had a couple of Fiats (Punto) and they were pretty much trouble free. I probably wasn't as fussy about the odd rattle etc in them though as I expected less.

 

[latent]

The dealer has now had the car two weeks and it's been at the bodyshop for 10 days.They still haven't reported what they have found or done!!. I spoke to the dealer principal yesterday, reminding him that I have contacted VW customer services and that I am formally rejecting the car. He said he would investigate the matter..Still await new from him or VW customer services!

 

[davemk]

Latent - was this Rycliff / Trust in Wolves?

 

[20valve]

Rejecting a car because of a rattle??? Good luck

 

[latent]

Quote: posted by davemk on 11/03/2005 15:11:51

Latent - was this Rycliff / Trust in Wolves?

Trust

 

[latent]

Quote: posted by 20valve on 11/03/2005 15:28:01

Rejecting a car because of a rattle??? Good luck

If you read my original post, it is somewhat more than just a rattle!!!!!!!!!!!!!!!!!!!!!!

 

[jrw]

Trust are a decent garage but I wouldn't hold out much help with it cos I had loads and I mean loads more proplems on my polo (Inchcape Telford - DO NOT GO THERE YOU'RE WASTING YOUR TIME AND MONEY) all of the same severity of what your describing and all they could muster was a crappy part/ex deal.

Then I bought my car from Trust in Wolves and the service is 999.99% better than Inchcape. Trust fixed my car (the polo) in 2 days yet Inchcape had it for 6 weeks (yes 6 weeks) damaged it, tried to cover it up and didn't actually fix what it went in for. They had also done this previously and tried to cover it up (you would have thought they had learnt their lesson). the first time I got a Road Angel out of them and the second time (different service manager) they gave me jack excrement. Their excuse was that they delivered the car to me (I was in America at the time!) and my mother had inspected it and signed to say it was fine! Inchcape fobbed me off, Inchcape head office fobbed me off and VW cust services said it was a problem I had to take up with the dealer! So in the end I just part x'd it.

Sorry for the rant but I just want to get over somehow how abysmal Inchcape is and VW Cust service is!

So good luck!

 

[20valve]

If you read my original post, it is somewhat more than just a rattle!!!!!!!!!!!!!!!!!!!!!!

[/quote]

Original post read(again).....and??

 

[GeordieLife]

So what if it is just a rattle?? He's spent fortunes on this car...for it to not even last a month!!

 

[Tooks]

To be fair to latent, if it's a rattle embedded in the B Pillar due to a manufacturing fault, then I feel he's justified to let them attempt repair a maximum of twice, and if that doesn't work to then pursue a different course of action (ie rejection if necessary) in order to get it sorted.

Maybe if more folks complained about poor quality/poor service, fewer of us would have to suffer it...

 

[20valve]

Is it the actual "B" pillar that is ratling and not the "B" pillar area?

The mkv is seemed welded and is aprox 60 times(I think) stronger that the mkiv so i dont see how the actual "B" pillar can rattle unless there is something majorly wrong with the structure of the car. If that is the case then he is entitled to try and reject the car, i just thought it was the area around the "B" pillar that was rattling

 

[Tooks]

I think that's what they're trying to establish. Presumably, if it was the trim around the B pillar area, they would be able to fix that quite easily. By having to get the body shop folks onto it, it suggests something inside the B pillar? Wouldn't be the first time I've heard of things falling inside the structure whilst being put together, but who knows? It's certainly taking them a long time to find out what it is...

It reminds me of the story of when disgruntled British Leyland employees used to deliberately put crushed tin cans inside the doors before they were welded up so they would always rattle! (How did people know it was the cans and not the car?! []) Not suggesting that's going on here though, as I'm sure people aren't anywhere near the robots that weld cars these days!

Mind you, went on a tour of the BMW factory in Munich a few years ago to see 3 series being built and they still used people to lay some welds in the boot area - strange...