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Thread: audi extendard warrntie refuse claim for new gearbox

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    audi extendard warrntie refuse claim for new gearbox

    hi was wounderin if any 1 on here can help i have a 2010 audi s3 dsg the gearbox started playin up otherday wudnt go into reverse gear so i put in park an tried again still no gear so turnt car of started again gear selction was fine but just a bit slower wen selceting reverse our drive but car drives fine once its goin gear change perfect so i had audi pick car up 11 days ago they said they changed the injercotrs under warrentie an was startin to look at the dsg box they didnt no wa the problem was so they sent it off to audi uk by disc they said and that audi uk come bk with the car needs a gearbox so they told me gearbox needs replacing and the warrentie is not goin to pay for this cos the gearbox wasnt serviced at 40k the car has full service history with audi last being 46k i have had the gearbox an haldex service done at 51k and the car was fine untill then an even after then the car drove fine av cover 5k since the service an all was good only recentley it started to play up now audi r blamein the fact the car hadnt had the dsg service at 40k this is y the box is nakerd now i find it hard to belive this is the cousre of the box faling because the car was fine up untill 56k 5k after a gearbox service if it was because it wasnt serviced at 40k then poss the box wud of broke at 45k not 56k after a service at 51k i think they just tryin best not to pay for this issuse am sure am not the only person who is an has expreainced this problem al fight till the very end with them stealers and audi uk over this matter cause i dont think its fair for us customers to be treated like this after r cars av problem its alrite when they takein payment from us tho for services an extanderd warrnties an etc if some 1 can shed somelight on what chaance av got with them replacein the box would be much aprricated also av heard that the box wont be damaged its a thing inside the box called mechtronics unit and cause audi think they have won by sayin car not had service at 40k so automaticly said the box is gone so they dont even have to look at it any help guys thanks

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    Hi

    Appreciate the problems you are having, and sympathise, but I'd be grateful if any future posts are written in plain English using punctuation etc. (e.g no text speak). Thank you.

    Very best of luck getting your issue resolved.
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    yer an i would apprectate if smart arses like you would just comment on the subject an not the way its wrote cause maybe thats the onlyway i can solve this promblem by if ppl have the same problem and comment on the problem ntn eles thank you

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    OK Johny, I'm going to put that post down to the fact your new on here and you maybe haven't realised I moderate this section.

    Seeing that I'm reasonably charitable, I'm going to suggest you calm it, start following the forum rules, or take your problems else where thank you.
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    Defo worth the wait :)

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    Welcome to the site!!
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    What did he say?

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    Quote Originally Posted by enoliver View Post
    What did he say?
    Something about Warren G?
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    Quote Originally Posted by warren_S3 View Post
    Hi

    Appreciate the problems you are having, and sympathise, but I'd be grateful if any future posts are written in plain English using punctuation etc. (e.g no text speak). Thank you.

    Very best of luck getting your issue resolved.
    This response shows why you are a moderator, and why I could never be one.
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    I can't understand it so cannot offer an opinion.
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    ifort twas lol

    and audi worn pay cos the recomended service wasnt carried out at the set time by them
    you may get a few quid towards the repair as goodwill
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    Quote Originally Posted by bez101 View Post
    ifort twas lol

    and audi worn pay cos the recomended service wasnt carried out at the set time by them
    you may get a few quid towards the repair as goodwill
    That's easy for you to say!
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    they always chuck a few quid in the pot
    but for what they charge it can be done for a lot less ££££ elsewhere.
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    Quote Originally Posted by jdp1962 View Post
    This response shows why you are a moderator, and why I could never be one.
    Come now Jeff, you have a fine way with words. I'll hold your coat?
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    me ribs am urtin an me eye am cryin...
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    I gave up trying to read it.
    If the op needs some assistance from people on here he should wind his neck in a bit with the attitude.

    But for what its worth, it says in your handbook that came with the extended warranty that there is only a 1000 mile leeway when servicing is due. The gearbox oil needs changing every 40K, you didn't get this done.
    As for getting any money back from Audi, your chances are slim to none.
    Fight it all you want but you are just wasting your time and money, you didn't get the oil changed in the correct service period, simple as.
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    Thing is, he looks like he has been badly done too by audi, its a shame... maybe he was annoyed/frustrated about the mess he is in with the car?

    He should start again, and like said dont bite peoples heads off who could potentially give him advise...

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    Quote Originally Posted by s3dave View Post
    Thing is, he looks like he has been badly done too by audi, its a shame... maybe he was annoyed/frustrated about the mess he is in with the car?

    He should start again, and like said dont bite peoples heads off who could potentially give him advise...
    I'm not so sure he has been badly treated. If he didn't have the correct services done at the correct mileages (or within the specified tolerances) then he has not adhered to the warranty terms. Why then should Audi be expected to do so? The warranty is a contract, and like any other contract, it is an agreement that imposes obligations on both contracting parties.
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    Quote Originally Posted by jdp1962 View Post
    I'm not so sure he has been badly treated. If he didn't have the correct services done at the correct mileages (or within the specified tolerances) then he has not adhered to the warranty terms. Why then should Audi be expected to do so? The warranty is a contract, and like any other contract, it is an agreement that imposes obligations on both contracting parties.
    Ha i didnt know, as i stopped reading it when my eyes fell out...
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    Would need more info on this

    Does your car have Full Service History with Audi ?

    Did you buy it from an Audi main dealer under the used approved scheme ?

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    Quote Originally Posted by S3P8 View Post
    Would need more info on this

    Does your car have Full Service History with Audi ?

    Did you buy it from an Audi main dealer under the used approved scheme ?
    Not going to make any difference, he didn't get the gearbox oil changed when it was due.

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    In your opinion !!!!!!!!!

    Why dont we let the OP answer
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    Defo worth the wait :)

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    I dont think he will be back in a hurry.........

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    Quote Originally Posted by S3P8 View Post
    In your opinion !!!!!!!!!

    Why dont we let the OP answer
    Audi say to get the oil changed every 40k and he didn't. They specify that for a reason, the main one being is that by then the oil will have started to degrade and not be as efficient as it should be. And inefficient oil is a bad thing, and this is being proven by what has happened.

    I have the Audi extended warranty, and I read the book, and paid particular attention to what and why it wouldn't cover certain things, and one of them is that service schedules must be adhered to in order for the warranty to remain valid.
    He didn't and it no longer is.

    You will find that this is more fact than opinion.
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    Quote Originally Posted by S3P8 View Post
    In your opinion !!!!!!!!!

    Why dont we let the OP answer
    He already did. He said he had the gearbox oil changed at 51,000. it was due at 40,000.
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    As others have said, if crucial servicing has not been carried out then the owner is at fault.

    This thread stresses how important it is to read through and understand the paperwork, service schedules.etc - particularly on an expensive item such as an S3!

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    You cannot ignore the servicing on these high performance machines and unless i'm mistaken Johny has said he didn't have the DSG serviced at the correct mileage (I had to read that Original post several times before it sank in !!)
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    I don't know if the original poster will come back, but in case he does, I do have some practical advice for him.

    You are not in a strong bargaining position. You have not kept to your obligations under the warranty so Audi is under no obligation to meet your claim. So there is no point you arguing and shouting the odds about how unfairly you are being treated. The only realistic prospect you have of obtaining a contribution to your repair costs if if you can persuade Audi to make a goodwill gesture. For that to happen, however, you have to generate some goodwill; and if you have communicated with Audi in the same manner and tone that you have used on this forum, it's highly unlikely you have managed to do that so far.

    So my advice to you is to change your approach, change your attitude, and for God's sake, change the way you write. After all, look how many people on here have said they stopped reading long before they understood what you were saying (or had to read it over and over again until they did).
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    I bet the reason they turned it down is Audi couldn't understand what was wrong...

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    Quote Originally Posted by Broken Byzan View Post
    I bet the reason they turned it down is Audi couldn't understand what was wrong...
    ok we start again. sorry if people think my attitude was bad towards them i was stressed out sorry about that .

    i bought the car private in January of my friend with 49k on clock with full Audi history. my friend bought car august 2013 of used car dealer 43k. he had it serviced in Liverpool Audi at 46k he asked for full service and wasn't told about any gearbox service what needed to be carried out. so i bought car off him an rang Audi extended warranty an paid £750 for 12 months warranty the car still had 49k on clock.

    i also rang Audi Liverpool and booked the car in for s tronic service to be told 2 weeks wait . so by time car went in the miles was on 51k. so when picked car up an asked for book to be stamped the service rep ticked haldex oil change. so i told him i asked for s tronic service which he told me they had done the haldex oil change. manager got involved discounted the s tronic service which got done 3 days later.the car was fine never missed a beat i done 5k in car since the s tronic service and then it started playing up when selecting reverse.it would take its time engaging into reverse and sometimes it wouldn't engage at all.

    i took car to Liverpool Audi which they rang me 2 days later saying the car needed an injector which they fixed under warranty an told me they investigating the gearbox. couple days later they ring saying they are aware of a problem but they don't no what it is so they sending a report to Audi uk by disc for technicians there to have a look if they new what the problem was.so then after a further couple of days they ring me and say the reports back and the cars gearbox has failed.

    to go any further the car needs a replacement gearbox which your warranty has informed me its not paying for the repair cause the box was not serviced at 40k. and then tells me you had it done at 51k but because it wasn't 40k this is why the gearbox has failed. i told him why has it took 5k after the service to fail then if that was the cause it would of failed before the service.he told me he can try an ask for some goodwill of Audi uk which he returned a call saying they rejected any goodwill.
    I have rang Audi uk myself and spoke to customer care explained everything and they said they will get managers to have a look see if they can do any think and call me back. also my own opinion i don't think the gearbox has failed i think its some think eles todo with the box. reason being the car drives fine all gears change perfect its just it has a delay when selecting reverse our sum times wont select it. and yes i am new to this but am learning haha any help be much appreciated thanks
    Last edited by Broken Byzan; 3rd April 2014 at 16:32. Reason: helping to make it more readable to get the OP help
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    It's a tough call, lately Audi have been getting much tighter on using the rules to circumvent warranty claims.

    The unfortunate thing about your situation is it likely means getting the box off to have a look. From what I've read the reverse gear in S-Tronic is on the same shaft as gears 1-3-5, so it's likely that although the other gears may still work OK there may be something right at the end of the box which is limiting the travel into that gear. The only way to know will be to open it up.

    May be worth taking the cheapest option and getting the oil drained again. If you find there is a lot of metal swarf in the oil as this could give you an indicator that something has failed.

    It's a complex system (see picture below), and whilst it's always worth continuing to press for Audi goodwill, the fact they've already said no may mean you're already on your own (it's rare they change position without a compelling reason). The only angle you may have is why wasn't that particular aspect of the service highlighted by a dealership to the owner at the time, as it's not something that's particularly common knowledge for most people.

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    i will keep you posted with the outcome of audi uk once they contact me.

    my friend keeps telling me he had same symptoms with his 59 reg s3 only his got worst an worst until it would never select any gear. he got his took to same Liverpool Audi were they changed his mechatronic under warranty straight away.just thinking if any 1 out there knows exactly how these box's work and could this be the course what's making mine play up.

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    Right hold on a second here there is something thats pretty obvious to me, either that or Im reading it wrong. If the car has a full Audi service history, why didnt Audi tell the current owner that this gearbox service needed to be done at 40,000????? It would be a different story if Audi had said it needed done and the owner refused to pay for the work, but that doesnt seem to be what happened??

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    Quote Originally Posted by s3_trev View Post
    Right hold on a second here there is something thats pretty obvious to me, either that or Im reading it wrong. If the car has a full Audi service history, why didnt Audi tell the current owner that this gearbox service needed to be done at 40,000????? It would be a different story if Audi had said it needed done and the owner refused to pay for the work, but that doesnt seem to be what happened??


    no Audi never offered our advised my friend about this gearbox service when he put into Audi at 46k.the car was serviced by Audi previous at 32k so they wouldn't of needed to do this then because it was not due. so surely it should not stand against me if its not a big enough problem for them to carry the work out on routine services our make it mandorty when the car comes in. and also if this is the case they refuse to fix cause it wasn't serviced at 40k then it should be highlighted all over the dealers. sutton down lines off (we Audi suppose to be quality sell very expensive cars but if gearbox isn't serviced bang on 40k then its going to fail an we wont acknowledge you when it needs repairing) i have never heard anythink like it in me life.

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    If it has the Audi full service history then its their error !!!!

    It clearly states 38,000 miles Changing oil and replacing oil filter in S tronic gearbox
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    Quote Originally Posted by warren_S3 View Post
    It's always worth continuing to press for Audi goodwill...
    I'm in FULL agreement with this johny, AUDI UK do not want bad publicity, so go talk nicely to them; explain that you've a full Audi stamped service book and that any oversight in the service schedule would be the dealer's responsibility.

    Be nice mind, it does go a long way when you're trying to get customer service on your side; beg if you have to...
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    Johny

    Thanks for coming back and telling us a little bit more about the car and its history. Thanks also for calming down a bit and at least trying to make your story a bit more coherent. Having read it, though, I think you are a bit confused about the various different parties you are dealing with, and where their respective duties, rights and responsibilties start and finish. Hopefully, this will help.

    First off, you bought the car from a private individual - your friend. That was a legal contract, and the contracting parties in that contract are you and your friend. As part of that contract, your friend also transferred over to you his rights and responsibilities under the warranty. The warranty itself is also a contract in its own right, and the contracting parties are the provider of cover and the owner of the car from time to time. I can't be certain without reading the warranty document who the provider of cover is but I would hazard a guess it is Audi UK. It is most definitely NOT an Audi dealer. Audi UK and Audi dealers are completely different commercial and legal entities. For the rest of this post, let us assume the provider of cover is Audi UK.

    As I mentioned in an earlier post, both parties to a contract have obligations, and in the case of the warranty, one of the owner's obligations is to ensure the car is serviced in accordance with the specified schedule. You friend seemingly did not do that, so he was in breach of his obligations under the warranty contract. When he passed the warranty on to you, his breach became your breach. That might seem harsh, but it's how the law works.

    To help owners comply with their obligation to ensure the car is serviced in accordance with the specified schedule, Audi UK provides the owner with precise and detailed information on what the schedule is; in the form of the service book. Owners should read it; it's important.

    That brings me to the role of the dealer. Firstly, the dealer is not a party to the warranty contract. If a dealer carries out warranty work, it does so as agent of the provider of cover (Audi UK). The contract for warranty repair work is between the provider of cover and the car owner.

    When a dealer carries out servicing work, it is not acting as an agent for Audi UK, it is acting for itself because the contract for servicing work is between the dealer and the car owner. The dealer's obligation under a contract for servicing is to carry out the work the owner instructs it to do, with skill and care and to a reasonable standard. It is not obliged to volunteer advice on what work should be done. Whilst it is good practice and good customer relations to do so, the dealer does not have a duty to do a customer's thinking for them.

    If the customer asks for advice on what work needs to be done to ensure the servicing schedule is met (or indeed, if the dealer choose to volunteer it) it must give accurate advice. When you say your friend was never advised about when to get the gearbox serviced, well first of all he was, in the form of the information in the service book. As to whether the servicing dealer advised him, did he ask for advice? If he did not, then, as I said, the dealer was not obliged to advise him.

    If a dealer does give advice (whether volunteered or on request), and it fails to give the right advice, then the owner may have cause for complaint against the dealer. But if the dealer's advice is faulty, and it leads to the owner breaching his warranty obligations, that has no impact on the position between the owner and Audi UK as provider of cover. Audi UK can still reasonably reject a claim. The owner would then have to argue that the dealer caused him to breach his warranty obligations, thus causing the claim to be rejected, and that the dealer should then stand in the shoes of Audi UK and fund the repairs itself.

    To summarise your situation, based on my understanding of what you have told us so far, you have bought a car and extended warranty from someone who was in breach of his warranty obligations. That breach is now your breach. The breach may have been caused by negligent advice by a dealer to your friend, but even if it was, that has no bearing on the warranty provider's entitlement to refuse to meet the cost of repairs. If the dealer did give servicing advice that was negligent, that advice was not given to you. It was given to your friend.

    I'm not an expert on the law, contract or otherwise, but the way I see it, your remedy for being unable to make a claim on your warranty is to sue your friend for concealing from you his breach of the warranty terms. He, in turn would then have to sue the dealer for giving him negligent advice (presuming it did do so) that caused him to breach the warranty terms.

    For all sorts of reasons I can see that you would not want to do that, so the only real alternative is, as has been suggested by others, is to ask either Audi UK or an Audi dealer to help out on a goodwill basis. But like everyone says, be nice.

    If anyone reading this is an expert on the law, and identifies mistakes on my part, I am happy for them to be corrected.
    Nilz, warren_S5, sidibear and 2 others like this.
    A4 3.0TDi SE Quattro Auto. Factory-fit: RNS-E/bluetooth; F/R parking sensors; full leather/heated front seats; cruise. Retrofit: Remap; Eibach 30mm lowering springs, RS4 RARB; MTEC drilled/grooved discs; 18" RS4 alloys; VW fan washers; Kinetic Digitizor DAB; Blackvue DR380 camera; front armrest; ambient lighting; white LED lights; autodim mirror; Cupra splitter; S-Line door blades; tints; UK pressed plates; MFSW; SDS; TPMS; LED Taillights and DRLs. RS aluminium pedals


  40. #39
    bez101's Avatar
    Yorkshire & Humber Rep.

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    as above i couldnt have said it better myself
    and couldnt be arsed

    but my mate jack bought his with 46k on
    the first thing he did was book it in with sheffield audi full check oils filters and the 40k gearbox service
    at 52 the box had problems he couldnt claim a thing
    he did however get offered 20% goodwill.
    he refused on my advice and went to a good frien of mine and paid £1050 all sorted 2ith 2 years warranty included.
    the audi cost with the 25% was alot more that he ended up paying.
    jdp1962 and s3dave like this.

  41. #40
    jdp1962's Avatar
    Grumpy Old Man

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    Quote Originally Posted by bez101 View Post
    and couldnt be arsed
    I really do need to get out more!
    bez101, 45bvtc and S3P8 like this.
    A4 3.0TDi SE Quattro Auto. Factory-fit: RNS-E/bluetooth; F/R parking sensors; full leather/heated front seats; cruise. Retrofit: Remap; Eibach 30mm lowering springs, RS4 RARB; MTEC drilled/grooved discs; 18" RS4 alloys; VW fan washers; Kinetic Digitizor DAB; Blackvue DR380 camera; front armrest; ambient lighting; white LED lights; autodim mirror; Cupra splitter; S-Line door blades; tints; UK pressed plates; MFSW; SDS; TPMS; LED Taillights and DRLs. RS aluminium pedals


 

 
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