Problem Car

[kmm249]

Hi everyone!

I have SE 95 polo in the off white colour with black roof and wing mirrors. I love the colour and how it drives but it’s got many problems. It been in the dealership once before, it currently back in the dealership and I had the following answers from them via a video and text. No phone call.

Front assist- comes on randomly including at high speed driving on a dual carriageway and at junctions and on speed bumps at low speeds. can’t fault, even descriptions have been given. Video evidence been provide, offered to show technician but no time given. Kept saying nothing wrong with ACC, I only have a speed limiter on the car.

Wipers - both front and rear made a terrible high pitch and juttering across the screen, not clearing the screen so I have to pull over if it starts raining too heavy. first time cleaned them and said diamondbrite on the screen which I’ve not had. This visit apparently replace front wipers and clean back wipers. Told I would have to live with this issue

Handbrake- have to properly pull it up a good few clicks to get it to stick on, it comes off occasionally on hills. told they had these polos in with same issue, even stripped down made no difference to the issue. They put it down to moisture in the drums. They haven’t even done anything to investigate the issue and have warned it will get worse in winter so basically I can’t park on a hills.

Stereo- screen freezes goes black, whilst using Apple car play the call a long beep happens (I’m in a good signal area) and I can’t hear the person speaking but they can hear you. two updates available not done as don’t think it will sort it and submitted techinal report to VW

Seatbelt recall and replacement of damaged on delivery front passenger door seal. Identified on first visit to be replaced on second visit (visit being used for futhur diagnostics on electrical issues as a suitable technician was not in on day but still told to bring my car in) not completed and identify what’s wrong again and action to be right.

I’ve been given a dirty smelly courtesy car, had to keep ringing for updates as they forget to ring. Asked if they could keep it all day even though it’s booked in 4 days. They don’t seem bothered about sorting the car out. Instead of phoning they send a 13 min video on how they can’t sort any of it out send it via text and no phone call. When query something said the video had been done by apprentice not the master tech previously spoken about and oh the video said the technician had work there for 5 years so not really an apprentice then.

Thinking about giving the car back as can’t trust them to have done what they said they were going to do as they change their story on causes and what they done to solve the issues. Anyone experienced similar or tried to give a car back? Any advice would me much appreciated as this only my second car. I never had any issues in SEAT Ibiza (nearly 34,000 miles 16 plate from new) and first car when I passed my test.

[Aube]

Hi,

Sorry to hear about the problems you are having with the car.

You have new rights following the change in sales of good act to the new consumer rights act. Please see below a very good and helpful link.

https://www.carbuyer.co.uk/tips-and-adv ... car-rights

Even though it’s not going to be easy, keep calm and don’t get into an argument as that won’t help. Also keep notes of dates you spoke to people and their names. The sales person you purchased the car from will say all the rights things but isn’t the best person to deal with. Ask to meet the General Manager, and if they are not available, ask when they will be and arrange an appointment. Please avoid silly threats like I will write to the local paper, stand outside the dealership with placards- I’ve seen that and it’s not going to get you anywhere. One method that is becoming popular is to post a rant on Facebook and again avoid this as all it will do is ensure the dealer digs their heels in further.

The dealer is responsible and the contract is with them, so don’t get bullied by the dealer saying it’s VW’s fault, but there is nothing wrong with contacting VW Customer Service to at least log your issues.

Good luck.

[monkeyhanger]

Assuming you're in the UK (most posters here are), i'd be in toucb with the citizens advice bureau to see how much time is reasonable to give them to resolve before movong to reject.

If they're had it more than a month and you're financing, i'd expect VWFS to be waiving the payments for every full month you don't have it.

Nothing wrong with my ACC, but it was flaky on my Golf R until I realised the fault happened in one specific place on my new commute (change of job, new route) exiting the Tyne tunnel northbound - the road spirals up from under the river and half a mile being 45 degrees to a hard concrete wall 3 feet away then coming out into the open at the other end used to throw up a fault. Road bends can make it false alarm as it only sees straight lines. Doesn't explain speed bump triggers though.

Woukd a better courtesy car help in the meantime?

[Aube]

What ever you do don’t stop payments on the car as that has consequences, so call them to advise there are issues with the car and you want this noted and get them to to confirm this in writing.

Agree speak to Citizens Advice as they are always on hand to help. As I said in my previous post, look at the link as this has really helpful information.


Good luck.

[kmm249]

Thanks for all the advice,

The issue I have is I’ve lost faith with them, they were looking for a fault with ACC when my car has not got ACC or even cruise control. The main issue is with the front assist which as VW dealership they can’t seem to identify. I just want them to sort the safety related issues so I can drive the car and not worry it’s going to try kill me (even the service advisor said it sounds like the car is trying to kill you!)

They haven’t action any items that could fix from first visit. It is just very frustrating.

[Aube]

Hi,

Unfortunately, too many personal at some dealers do their level best to grind you down so you give up and go away. So as much as it’s difficult, keep strong, and as they have failed to fix the car over time, and a particular worry, not taken your safety seriously, you have no alternative but to reject the car. Quote the references in the link I posted.

[Aube]

Hi

I had a thought in the middle of the night, about your car!

While checking the car using my Carista app on diagnostic mode some weeks ago I’m sure it flagged up a fault relating to the ACC, and like your car, it doesn’t have this option. I thought at the time is was a bit weird but ignored it, so maybe the technician is seeing this and making an assumption that’s the faults. I guess this is the issue with cars nowadays where the basic fault finding skills of the old days have been overtaken by technology. I’ll check the car out it again over the weekend.

[david.stark]

Hello.

I have some expertise in consumer law and am happy to help if wish to go down the rejection road.

I could start typing out all the bits of law that are in your favour but there is little point unless you want to commit to taking some form of action.

The link provided gives an overview certainly. I’ve been so busy at work I’ve missed these posts but I’ll try to keep an eye on it.

[kmm249]

Hi Everyone,

Slight update- no fixes yet on any safety related issues. Seem only bothered with trying to fix stereo. Got told my phone might not work with the stereo software even though my iPhone 7 Plus runs the latest software. My courtesy car doesn’t have any same issues I have been experiencing on my car.

I don’t trust them now even if they do fix the issues as they don’t seem to know what they are doing. They keep referring to ACC on my car has not got a fault when car does not have it! I know Aube, you did say your app came up with a fault code but they don’t seem to be digging further into to it. I had to argue the point that front assist coming on randomly at 70mph is very dangerous! They don’t seem to care for my safety or want to keep us update on what they are doing.

It looks like I might be going down rejection route even though it’s going to leave me car less which will lead to whole load of separate problems!

[Aube]

Hi,

Clearly the dealer isn’t up to try job and it’s absolute rubbish to say your phone won’t work so I’m with you that it looks like a rejection is the way forward. I feel for you as in this day and age the dealer should have the professionalism and staff with the right skills to resolve customer issues.

I would take up the offer of help on this forum, or at least visit Citizens Advice. Hopefully they will say the next step is to tell the dealer that they have failed to correct the car after a number of attempts so you will begin the process to reject the car.

It makes me so annoyed that what should be a joyous time is for you a complete nightmare.

Keep strong.

[david.stark]

@kmm249 your rights under the Consumer Rights Act 2015 are completely separate to your warranty which is in effect an insurance policy. Your rights stand against the seller, i.e. the dealer not VW HQ. The Act replaced the Sale of Goods Act and other pieces of legislation such as the Unfair Contract Terms Act 1977 in a bid to simplify and clarify consumer law. Case law such as R & B Customs Brokers v United Dominion Trusts is now enshrined in the Act.

Please note that the law does not require you to inform the dealer that you would like a repair under the terms of the Act. Yes you have had repairs or attempts at least under the warranty but all these actions would be seen as requests for repair in accordance with your rights in law.

Under S.9 & S.10 of the Act, goods are required to be of satisfactory quality and fit for purpose. It is worth noting that if goods are otherwise ok, i.e. you can actually use your car for example despite the faults, this does not mean they are classed as ok in terms of S.9 & S.10 (so that is in your favour).

Your short term right to reject for goods that do not conform to S.9 & S.10 (amongst other sections), is 30 days. However, if you request a repair (which you have), the clock stops ticking during any period that you wait for repairs to be carried out. For example, you have had the car for 20 days and there is a fault which takes 10 days to repair. You have now owned the car for 30 days but as far as the right to reject goes, you have 10 days left on the clock due to the time you have waited for the repair.

If rejection is made, you are entitled to a refund of any money even if it is just a deposit and the dealer must bear all costs except your costs in taking the car back to the dealership. You are also entitled to a refund of any finance payments or other products paid for such as GAP and service plans.
If you have partly paid by way of part exchanging an old car, you cannot claim a refund for the value that the car was worth and it is probably impossible for the old car to be returned. In those circumstances, you would claim damages for the value of the part exchange.

Any request for repair must be carried out within a reasonable time and without causing significant inconvenience to you. What is reasonable or significant in those terms depends upon the nature of the goods and the purpose for which you have acquired the goods. They could argue that by supplying you with a courtesy car, this is not causing you any inconvenience but they could still fall foul of the reasonable time issue by the sounds of it.

Once a repair has been requested, you cannot reject the goods without giving the dealer reasonable time to repair. It appears to me that they have had that and done nothing.

A dealer would be foolish to refuse to comply because I dare say the value of any claims made under the Act would not exceed £10,000. In that case, it would be suitable for the small claims court which means fees are low and you are not left wide open to paying their legal fees if you lose. You would also be able to claim your fees back off them.

This process can be like a game of poker. A woman once took action against Curry's for a faulty washing machine just outside of its warranty and they basically laughed in her face. When she filed the claim through the court, she received letters from their legal team trying to intimidate her by saying how they are experts and she did not have a leg to stand on and that they would fight all the way. The day before the hearing, they caved in and coughed up. They bluffed and she called it.

Hope this helps

[david.stark]

Oh and draft a diary/chronology of events and keep requests in writing, either recorded mail or email. Pays to keep an accurate record of events and requests.

I see you are from Derbyshire! Me too! Wasn't Parkway VW was it?

[kmm249]

Thank you for all the advice! I will be putting a letter and comparing documents of faults between my car and courtesy car plus details of what’s been said and done. My other half is going in on Tuesday morning to try recreate faults with their technician as I can’t take any time out of work next week. He also a mechanic so they can’t try fob him off like they tried on many occasions to me.

I picked up the car on 18th June reported the faults on 11th July but they could not get me in until 11th August. Would that still count in 30 days? I’m ringing citizens advice tomorrow as well.

Yes it is them! (Didn’t want to name and shame but the problems I’ve had don’t know why I’m protecting them!)

[david.stark]

Your clock would stop ticking regarding rejection as soon as you requested repair. It would resume ticking when the repairs were completed after the repair booking on 11th August.

The clock would stop again if you phoned them for more repairs until the repairs are completed again.

And so on. From that you should be able to calculate how long you have left on your rejection clock.

[Leif]

Regarding CarPlay, is your lightning cable plugged in to USB 1 (on the left)? If not, you might wish to try USB 1 and see if that resolves issues. I had lots of trouble with mine until I tried USB 1. I then heard from a member on this forum that USB 1 is prioritised over USB 2 (whatever that means) and should be used for CarPlay.