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Urgent help/advice needed

Discussion in 'Audi S4/A4/A4 Cab (B7 Chassis)' started by bowen, Feb 10, 2014.

  1. bowen
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    bowen Member

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    [Feb 10, 2014]
    Hello,
    Firstly thanks for taking the time to read this.

    2.0tfsi Quattro BUL

    Driving along the M4 today around 70mph, 13 miles in to my journey and the red oil pressure can warning light starts flashing. Nursed it off the next junction (thankfully, 20 meters). I was at work at the time on my way to a meeting.

    I could hear a metallic whirring sound that seemed to adjust with my speed and then nothing. Ending died.

    RAC Called the guy scanned it for codes , two codes running lean and timing chain advanced. Tried to turn it over, it just won't fire up.

    I've only had the car 10 days two of which it was back in the garage. The thermostat was dead and the actuator to the turbo was adjusted. Having said that would a blown turbo cause a low oil pressure?

    The car being a Quattro was trailed back to the garage I bought it from.

    After 10 days I feel I can't rely on the car. What are my rights in refusing it?

    Appreciate any advice. I need a drink.

    Thanks.
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  2. V6 Quatt
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    V6 Quatt Well-Known Member

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    [Feb 10, 2014]
    Hope you get it sorted soon...with some sound advice

    I would take the car back
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  3. jdp1962
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    jdp1962 Grumpy Old Moderator Staff Member Moderator

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    [Feb 10, 2014]
    One possible remedy might be to return the car to the supplying dealer and reject it as being not of satisfactory quality and not fit for purpose. Under the current consumer protection legislation (I think the most up to date is the Sale and Supply of Goods and Services to Consumers Regulations 2002), there is a brilliant provision called the reversal of the burden of proof.

    In layman's terms it means that in the first six months after a sale, the consumer does not have to prove goods are not of satisfactory quality and not fit for purpose. The onus is on the seller to prove the goods are of satisfactory quality and fit for purpose.
    Last edited: Feb 11, 2014
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  4. bowen
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    bowen Member

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    [Feb 11, 2014]
    Thanks for the comments.

    I will keep you up to date.
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  5. bowen
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    bowen Member

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    [Feb 11, 2014]
    Just spoken with the garage.

    The timing chain has slipped, bending the valves etc.
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  6. autolatry
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    autolatry Active Member

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    [Feb 11, 2014]
    Oh sh*t! Are they going to refund you or replace the engine?

    Thing is like you say, your confidence is now gone in the car.
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  7. bowen
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    bowen Member

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    [Feb 11, 2014]
    Well it seems they are attempting to fix it, but I really don't want the car back!

    Where do I stand? I bought the car 10 days ago (3 of which the garage had it back to do the thermostat), I bought it from a dealer on finance

    Help....
    #7
  8. autolatry
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    autolatry Active Member

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    [Feb 11, 2014]
    I believe you have to give them the chance to fix it unfortunately.
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  9. autolatry
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    autolatry Active Member

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    [Feb 11, 2014]
    It may be worth 'demanding' that they pay for a full RAC type inspection once they have completed the work for your piece of mind. If its a dog or they try cutting corners on the repair then they wont want to do this and may just give you your money back.

    Also if they are swapping the engine (will be cheaper for them) what effect does that have on your re-sale value I wonder.
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  10. scotty76
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    scotty76 Well-Known Member

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    [Feb 11, 2014]
    I'd go with Jeff's advice and reject it as not satisfactory quality.
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  11. jdp1962
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    jdp1962 Grumpy Old Moderator Staff Member Moderator

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    [Feb 11, 2014]
    If you bought it on finance, you may have the protection of S75 of the Consumer Credit Act 1974. What that means, in essence is that if you get no joy out of the dealer, you can bring a like claim against the provider of finance for either misrepresentation or breach of contract. Here, I think breach of contract would apply, in that it is an implied term of the contract that the good supplied are of satisfactory quality and fit for purpose.

    Autolatry is right, by the way. The dealer is not obliged to take the car back and rescind the contract and you cannot demand it as a first remedy. Although the Sale and Supply of Goods.....etc gives you the right to reject the car, the business also has the right to offer a repair as first remedy. Rejection and rescission is a second option remedy, if a repair is not achievable or would be disproportionately expensive or take an excessive amount of time. But it is not reasonable under the Regulations to demand rescission of the contract because you have lost confidence in the car. At the moment, the dealer is acting reasonably by offering a repair.

    Of course, the repair itself has to be done to a satisfactory standard, and if they failed to do so, that of itself could give rise to a fresh claim of breach of contract (and remember, that could be brought against the finance company as well as or instead of against the dealer). One thing you musn't do is withhold your finance payments in protest. That would not improve your negotiating position one bit, and would just land you with adverse information on your credit file, and possible legal action for the arrears.
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  12. desertstorm
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    desertstorm Well-Known Member

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    [Feb 11, 2014]
    How many miles has the car done ??. Did you fully check it's previous history for servicing etc.
    Problem is if they repair the damage and get it running it will never be 100% especially if the damage was due to something like low oil pressure which has caused the tensioner to allow the chain to go slack resulting in the chain jumping a few teeth.
    Low oil pressure won't help the turbo.
    TBH if it was me personally I would be walking away and asking for my money back. They can sell the car to somebody else. If you had to have the car make dam sure they have fully identified why the failure occured and have replaced everything that is related.

    Karl.
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  13. bowen
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    bowen Member

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    [Feb 11, 2014]
    Thanks for the concerns and advice. I am trying to recall what the mechanic told me. I believe the chain slipped. The car has done 90k miles, full audi service and timing belt had been changed in 2012.

    I will wait to see what the dealer does. They have not contacted me as of yet I have had to contact them.
    Last edited: Feb 11, 2014
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  14. jdp1962
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    jdp1962 Grumpy Old Moderator Staff Member Moderator

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    [Feb 11, 2014]
    Bowen

    I don't suppose you bought the car in Scotland, did you?
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  15. bowen
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    bowen Member

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    [Feb 12, 2014]
    Jdp, no mate, I bought it from South Wales.
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  16. jdp1962
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    jdp1962 Grumpy Old Moderator Staff Member Moderator

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    [Feb 12, 2014]
    Ah, OK. Only reason I asked was, Scotland's sale of goods legislation is different from England and Wales, and I seem to recall there is a provision in Scotland for consumers to reject and rescind altogether as a first remedy. If you had bought it in Scotland, I could have looked up the legislation and checked whether it would apply to you..
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  17. bowen
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    bowen Member

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    [Feb 13, 2014]
    Thanks to those for the genuine concern and advice.

    I have been told by the garage that the chain slipped causing valves to bend etc (I was told second hand, yesterday when my wallet was also stolen so my head was in the shed as it were!)

    The garage have offered a full refund or a decent courtesy car until the Audi is repaired (currently have a gold avensis as a courtesy car, nice) or another car from them with discount as compensation. So not a bad result and the garage seemed genuinely gutted.

    I seriously doubt I will get another Audi (yet), the Audi I bought was one owner from new full Audi service history with regular oil changes etc and it all checked out. I know it was probably bad luck but once bitten twice as shy.
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  18. autolatry
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    autolatry Active Member

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    [Feb 13, 2014]
    Sounds like you have found one of the few honest car dealers.
    Have they anything else in stock you fancy? Apart from the good avensis obviously (very trendy in Bradford btw)
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  19. DrSasso
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    DrSasso Active Member

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    [Feb 13, 2014]
    wallet stolen too?! damn just not going for you at the moment is it :( that's great about the garage though! :D but gold o_O ....better than no car..... i think hehe :D
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  20. bowen
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    bowen Member

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    [Feb 13, 2014]
    Yeah this has been the week from hell. Wallet stolen, watch the missus bought me for Xmas smashed, house keys are on my audi key which is obviously with the audi....

    They have got a few other cars there, the other Audis they have are diesels which I don't need living 3.5 miles from work. All other vag cars are high'ish mileage diesels.

    The only cars that caught my eye are either a focus St3 or honda civic type r Fn2. Thoughts?

    Yep gold avensis 2.2 diesel, it is awful on diesel mpg.
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  21. Giosabcsl
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    Giosabcsl Active Member

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    [Feb 13, 2014]
    Personally id choose the FN2 type R its a honda you wont and cant go wrong. As long as it dont smoke when in vtec you will be fine. And the maintenance on them is cheap, okay they have 225/40/18s which are around 80-100 ea but otherwise its chain driving and you dont have the issues like the Audi. Down side is you have to rev it to enjoy which can be a good and bad thing for fuel/fun factor. My only real thing about that car considering I have owned one is the ride is hard and we talking crashy hard. But hey that could because the roads around my area are not the best.

    St3- Nice car, amazing sound, heavy on juice especially when you get on it. And again you have a turbo involved could last forever could last a day.

    If the civic is a 09 or later which I doubt but I would go for that.
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  22. unitzero
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    unitzero Bagged B7 170 TDI Avant

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    [Feb 14, 2014]
    Just had a read ... jesus, I would be gutted beyond belief after all that !

    At least the garage are being decent about it thank goodness.

    Hope you manage to sort yourself a decent reliable car dude
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  23. bowen
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    bowen Member

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    [Feb 17, 2014]
    Cheers guys, thanks for the comments.

    I had a full refund from the garage, they were a slightly bitter about the situation and tried to get me to buy another car from them but I would have been doing that for no reason as they had nothing else I liked.

    I am having a rest from VAG, my last 7 cars have been VAG and the way the Audi went devestatingly wrong puts me off them. I am sure what went wrong was a one off, or at least very few and far between.

    I'll pop in here now and again as I think the B7 is a gorgeous car.

    Thanks again,
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  24. V6 Quatt
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    V6 Quatt Well-Known Member

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    [Feb 17, 2014]
    Good result....I assure you their not all like that
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  25. scotty76
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    scotty76 Well-Known Member

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    [Feb 17, 2014]
    A good outcome. I think you've been unlucky but can understand your reluctance. I had a similar experience with Ford and a Focus that was no end of trouble. Won't ever be having a Ford again. :)
    #25

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