Ok Everyone, I was holding off posting anything for a while until I got some legal advice. The situation is there IS a software update , my car needed it, I have the invoice detailing it and it was subsequently was done by Audi - It made absolutely no difference to the car.
Audi suggested I give my car to the sales manager who also drives an S5 to drive it and see if there is an issue – he took my car for a week, they obviously either did not believe me or wanted to blame my driving style or some other reason anyway it seemed to backfire on them. The sales manager called me and stated that my car HAD this issue and I quote “I have had 5 S5’s and this issue occurs in all of them , it is a characteristic of the car” I escalated this to Audi UK citing that the car now has a major safety issue which too me it is , the car has hesitated badly twice now at junctions which nearly caused an accident- this was the reason I actually called Audi and reported the fault in the first place. I wrote to Andrew Doyle director of customer services at Audi , the letter was passed on to a clerk in customer services who rang me and gave me the “as it’s a characteristic of the car and we can’t find a fault with it then we can’t do anything” at this stage I asked what my next course of action would be ; they told me (unbelievably) to raise it with the motor ombudsman. I have now done this and included all the details of the calls with AUDI , the software update, various reports and a downloaded copy of the telephone call of the conversation with the sales manager admitting that this was on all S5’s. I have also filed a vehicle safety data report with The Driver & Vehicle Standards Agency (DVSA) I have let Audi UK know I have done this. I have also engaged a lawyer pending a decision by the Ombudsman. For everyone reading this – I have spent £47,000 ($59,800) on a car that not only has a drivability issue on my car anyway ,I have to knock it down into sport mode every time I want to be sure to get out of a junction safely – something I should NOT have to do - I don’t care what anyone says but the car in my opinion is not safe to drive considering I have nearly had 2 accidents in it. So looks like I am taking on Audi , we all know that I won’t win but I am not going to lie down and take it. To be told “this is a characteristic of the car and it is on every S5” is NOT ACCEPTABLE if I had of known that this car had this “characteristic” then its simple .. I WOULD NOT have bought it.
For the people who are reading this and have replied on this post that I should drive it in sport mode all the time etc etc yes I could, fuel economy means little to me but the point here is I should not have too, also for the people who state that it is not on their S5 then great - health to enjoy it, for the people reading this wondering whether to buy an S5 or not then test drive it well and make your own opinion. I am really upset and disappointed that Audi have treated me like this and have not taken this issue seriously enough.