Notices
General Chat This forum is for general topics and chat type threads.

Reply
 
Thread Tools Search this Thread Display Modes
Old 10 Jun 24, 10:27 PM  
Link to this Post
#11
YorkshireT
Imagineer
 
Join Date: Jun 16
Location: God's Own Country
Correct advise from KirstyGary above. Exercise your right to reject under the Consumer Rights Act.
__________________
YorkshireT is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 10 Jun 24, 10:34 PM  
Link to this Post
#12
mexico07
Thread Starter
VIP Dibber
 
mexico07's Avatar
 
Join Date: Sep 11
Location: Motherwell
Originally Posted by kirstygary765 View Post
Just been through almost this exact same situation, with an Etron and with Arnold Clark no less!

Literally just concluded my right to reject on Friday past and collected a polestar.

You need to email them stating your intention to reject the vehicle under CRA2015. State that it is not fit for the purpose your purchased it for, provide a detailed itemised timeline and highlight all of the significant inconvenience that this has caused. Look up CRA2015 for some guidance and cover letters

Between 30 days and 6 months they are only entitled to 1 right to repair. I f****d about like you four months and gave them 5 opportunities to put things right then carried out the process above and also claimed damages
Thank you so much for this xxx
mexico07 is offline Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 09:04 AM  
Link to this Post
#13
novocastrian
Imagineer
 
Join Date: Aug 14
Originally Posted by Moorlandman View Post
Is it an Audi Q4-Etron? Still within manufacture warranty - if yes, just take it direct to Audi to sort out rather than Arnold Clark.
This ^^
novocastrian is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 09:34 AM  
Link to this Post
#14
RescueRangers
Imagineer
 
RescueRangers's Avatar
 
Join Date: Nov 21
Originally Posted by Moorlandman View Post
Is it an Audi Q4-Etron? Still within manufacture warranty - if yes, just take it direct to Audi to sort out rather than Arnold Clark.
Even if it's under manufactures warranty it's clearly a lemon and needs rejecting. Audi will just say take it to another dealership or they will send a master tech to look.

So will just drag on and on.
RescueRangers is offline Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 09:45 AM  
Link to this Post
#15
spenners
I'm Ready To Go NOW!
 
spenners's Avatar
 
Join Date: May 07

spenners's Reviews
Hotel Reviews: 3
Restaurant Reviews: 10
DIBB Villa Reviews: 5
Originally Posted by kirstygary765 View Post
Just been through almost this exact same situation, with an Etron and with Arnold Clark no less!

Literally just concluded my right to reject on Friday past and collected a polestar.

You need to email them stating your intention to reject the vehicle under CRA2015. State that it is not fit for the purpose your purchased it for, provide a detailed itemised timeline and highlight all of the significant inconvenience that this has caused. Look up CRA2015 for some guidance and cover letters

Between 30 days and 6 months they are only entitled to 1 right to repair. I f****d about like you four months and gave them 5 opportunities to put things right then carried out the process above and also claimed damages
To add to the above, taken from Which?

The Consumer Rights Act gives you the legal right to either get a refund for goods that are of unsatisfactory quality, unfit for purpose or not as described, or get it repaired - depending on how long you've owned it:

0-30 days: You can claim a full refund for goods that are of unsatisfactory quality, unfit for purpose or not as described.

30 days-six months: You must give the retailer one opportunity to repair or replace it before you can claim a refund.

Six months or longer: You must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.
__________________


Las Vegas - October 2023 (6th West Coast Trip)
New York - February 2019 - My 50th Birthday Trip (1st Visit)
Florida - September 2024 (23rd visit) - just me and hubby and 1st time cruising.
Florida - March 2025 - Taking mini me (24th Visit to Florida)
spenners is offline Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 10:44 AM  
Link to this Post
#16
kirstygary765
VIP Dibber
 
kirstygary765's Avatar
 
Join Date: Mar 12
Location: Glasgow
Originally Posted by spenners View Post
To add to the above, taken from Which?

The Consumer Rights Act gives you the legal right to either get a refund for goods that are of unsatisfactory quality, unfit for purpose or not as described, or get it repaired - depending on how long you've owned it:

0-30 days: You can claim a full refund for goods that are of unsatisfactory quality, unfit for purpose or not as described.

30 days-six months: You must give the retailer one opportunity to repair or replace it before you can claim a refund.

Six months or longer: You must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.
The only caveat to this is, if a fault is recurrent, the clock stops.

As the AC issue existed within the 6 month window and persists to date then the right to reject without burden of proof still exists for OP as the same fault is recurrent from the 30d-6m window.

If it helps I am happy to send you my drafted letter to AC which I didn't actually need to send as I was clear and concise in written correspondence and they probably realised early on that I knew my rights.

From this point start sending emails get everything written down especially the timeline/ sequence of events with applicable dates.

Its a serious pain and also a significant purchase so I totally empathise with you and hope you get a result out of this.
__________________
September 1996 - Offsite Villa/July 2000 - Offsite Villa/August 2002 - HRH & Rosen Inn/July 2012 - Offsite Villa Bella Vida/April 2016 - Cabana Bay/April 2019 - Offsite Villa WindwoodBay/ July 2024 - Cabana Bay

kirstygary765 is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 11:01 AM  
Link to this Post
#17
spenners
I'm Ready To Go NOW!
 
spenners's Avatar
 
Join Date: May 07

spenners's Reviews
Hotel Reviews: 3
Restaurant Reviews: 10
DIBB Villa Reviews: 5
Originally Posted by kirstygary765 View Post
The only caveat to this is, if a fault is recurrent, the clock stops.

As the AC issue existed within the 6 month window and persists to date then the right to reject without burden of proof still exists for OP as the same fault is recurrent from the 30d-6m window.

If it helps I am happy to send you my drafted letter to AC which I didn't actually need to send as I was clear and concise in written correspondence and they probably realised early on that I knew my rights.

From this point start sending emails get everything written down especially the timeline/ sequence of events with applicable dates.

Its a serious pain and also a significant purchase so I totally empathise with you and hope you get a result out of this.
I went through the same with a car we purchased in 2007, turbo blew six weeks after we purchased the car. I was, still am, a member of Which? legal and they were a great help. I had also paid part of the deposit for the car on my credit card so had Section 75 to play on as well. My advice to anyone is put things in writing, with dates, straight away. I always back up conversations with an email, even if it seems silly. You never know when you might rely on it.
__________________


Las Vegas - October 2023 (6th West Coast Trip)
New York - February 2019 - My 50th Birthday Trip (1st Visit)
Florida - September 2024 (23rd visit) - just me and hubby and 1st time cruising.
Florida - March 2025 - Taking mini me (24th Visit to Florida)
spenners is offline Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 11:15 AM  
Link to this Post
#18
kirstygary765
VIP Dibber
 
kirstygary765's Avatar
 
Join Date: Mar 12
Location: Glasgow
Originally Posted by spenners View Post
I went through the same with a car we purchased in 2007, turbo blew six weeks after we purchased the car. I was, still am, a member of Which? legal and they were a great help. I had also paid part of the deposit for the car on my credit card so had Section 75 to play on as well. My advice to anyone is put things in writing, with dates, straight away. I always back up conversations with an email, even if it seems silly. You never know when you might rely on it.
This is great advice on the credit card protection!

even £100 deposit provides you this protection and in the case of a dispute you can pursue the credit card company

Also worth noting that significant inconvenience is not measurable by any standard. This is defined by your own admission and on the timelines suggested by OP regardless of the fault type etc. The significant inconvenience, unreliable nature of the car and it not being of a satisfactory quality is more than sufficient grounds for a right to reject.
__________________
September 1996 - Offsite Villa/July 2000 - Offsite Villa/August 2002 - HRH & Rosen Inn/July 2012 - Offsite Villa Bella Vida/April 2016 - Cabana Bay/April 2019 - Offsite Villa WindwoodBay/ July 2024 - Cabana Bay

kirstygary765 is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 08:27 PM  
Link to this Post
#19
mexico07
Thread Starter
VIP Dibber
 
mexico07's Avatar
 
Join Date: Sep 11
Location: Motherwell
Originally Posted by kirstygary765 View Post
This is great advice on the credit card protection!

even £100 deposit provides you this protection and in the case of a dispute you can pursue the credit card company

Also worth noting that significant inconvenience is not measurable by any standard. This is defined by your own admission and on the timelines suggested by OP regardless of the fault type etc. The significant inconvenience, unreliable nature of the car and it not being of a satisfactory quality is more than sufficient grounds for a right to reject.
Thank you thatís very kind of you I would really appreciate any help you can give me , I took it back today as they said they would have another look at it , they done diagnostics and said it is showing three faults/errors , but again needs to go to their Audi dealership which again can not be done until July ! I said no I need to speak to general manager and was told he was in morning meeting and would give me a call, again I said thatís fine Iíll just wait ! As soon as meeting was over I just went straight to his office and knocked on the door , I told him everything and he made lots of excuses but instantly said he would contact lomond audi who are an independent Audi garage and book it into them and get an independent inspection done , I told him this would be the last chance to put it right and if it was not resolved by the end of today I would be exercising my right to reject , he said straight away I can only do that in 30 days , I said no 6 months and he replied Iím only entitled to repair or replace and Iím outside 6 months ! So I said no the faults have been ongoing since purchase and in fact the recurring fault has twice been caused by them so Iíve already afforded them more opportunity to put it right than I needed to , so he has the car booked into Audi tomorrow they will do a thorough check and try to right what is wrong with it if they need to keep it beyond tomorrow he will supply me with a better hire car to meet my needs and if it is anything more than that then we will have another conversation, he has said that as the car is on pcp sometimes the finance companies will not agree to a similar replacement ! I have agreed to see what happens tomorrow and have said again that if it continues then I will be rejecting it , I know that sounds feeble but I really like my car, I just want to be able to drive it without all these issues , so I really appreciate all the advice everyone is giving me and if tomorrow doesnít resolve it then I will be following all the great advice and help 100% whether I like the car or not I canít afford to be saddled with something not fit for purpose xxx
mexico07 is offline Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 11 Jun 24, 08:45 PM  
Link to this Post
#20
kirstygary765
VIP Dibber
 
kirstygary765's Avatar
 
Join Date: Mar 12
Location: Glasgow
Originally Posted by mexico07 View Post
Thank you thatís very kind of you I would really appreciate any help you can give me , I took it back today as they said they would have another look at it , they done diagnostics and said it is showing three faults/errors , but again needs to go to their Audi dealership which again can not be done until July ! I said no I need to speak to general manager and was told he was in morning meeting and would give me a call, again I said thatís fine Iíll just wait ! As soon as meeting was over I just went straight to his office and knocked on the door , I told him everything and he made lots of excuses but instantly said he would contact lomond audi who are an independent Audi garage and book it into them and get an independent inspection done , I told him this would be the last chance to put it right and if it was not resolved by the end of today I would be exercising my right to reject , he said straight away I can only do that in 30 days , I said no 6 months and he replied Iím only entitled to repair or replace and Iím outside 6 months ! So I said no the faults have been ongoing since purchase and in fact the recurring fault has twice been caused by them so Iíve already afforded them more opportunity to put it right than I needed to , so he has the car booked into Audi tomorrow they will do a thorough check and try to right what is wrong with it if they need to keep it beyond tomorrow he will supply me with a better hire car to meet my needs and if it is anything more than that then we will have another conversation, he has said that as the car is on pcp sometimes the finance companies will not agree to a similar replacement ! I have agreed to see what happens tomorrow and have said again that if it continues then I will be rejecting it , I know that sounds feeble but I really like my car, I just want to be able to drive it without all these issues , so I really appreciate all the advice everyone is giving me and if tomorrow doesnít resolve it then I will be following all the great advice and help 100% whether I like the car or not I canít afford to be saddled with something not fit for purpose xxx
Its tough it really is and I feel for you having just been through the same hell!

I can also understand why you are also happy for it to work out as its a great car. My wife actually has one and that was why I went for one also. Sounds like you and I though have just both been unlucky as my wife's is great and no issues whatsoever.

Back to your post and Today's events. Appreciate you are keen for a resolution. However, you have now agreed to provide them a further opportunity at a repair which unless they cannot fix or another fault reappears the right to reject on the fault basis is diminished. However, you still have sufficient grounds on the basis of it not being of satisfactory quality and also due to the significant inconvenience caused.

I will PM you a summary of what I sent to them in my case and at least you have it. I will delete any particulars and replace with xxxx and you can input your own details.

The GM is talking rubbish re the 30 days limit and also it now being outside the 6 months as the clock stops on a fault and if it is the same fault from before the 6 months lapsed then it is treated as such.

Another point to note is that you have rights under the CRA2015 to claim damages. I can quote the subsections etc for this. The reason I mention this now is that should you be satisfied with the repair and want to keep going with the car I would still claim damages, aggravated or otherwise. For example, if you pay X amount per month for finance and insurance and you went without the car for 2 months you have the right to claim the value of this back or any costs incurred throughout this saga.
__________________
September 1996 - Offsite Villa/July 2000 - Offsite Villa/August 2002 - HRH & Rosen Inn/July 2012 - Offsite Villa Bella Vida/April 2016 - Cabana Bay/April 2019 - Offsite Villa WindwoodBay/ July 2024 - Cabana Bay

kirstygary765 is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Forum Jump


All times are GMT +1. The time now is 03:40 AM.


Powered by vBulletin - Copyright © 2000 - 2024, Jelsoft Enterprises Ltd.
DIBB Savings
AttractionTickets.com

Get £10 off each Disney Ticket with the code ATDIBB10

Get up to £50 off per room at Disney or Universal with the code DIBBHOTELS


theDIBB Blog
Disney is renaming and changing its Genie+ service to Disney’s Lightning Lane Multi Pass and... Read More »
Mickey’s Very Merry Christmas Party takes place on select nights between November 8 and December... Read More »
SeaWorld Orlando announce the grand opening of its highly anticipated new attraction, Penguin Trek, on... Read More »


theDIBB Menu


Exchange Rates
US Dollar Rates
ASDA  $1.2667
Covent Garden FX  $1.2746
FAIRFX  $1.2732
John Lewis  $1.2725
M&S  $1.2551
Post Office  $1.2525
Sainsburys  $1.2728
TESCO  $1.2641
Travelex  $1.2724
Updated: 03:30 19/07/2024
Euro Rates
ASDA  €1.1616
Covent Garden FX  €1.1658
FAIRFX  €1.1640
John Lewis  €1.1640
M&S  €1.1478
Post Office  €1.1459
Sainsburys  €1.1644
TESCO  €1.1601
Travelex  €1.1639
Updated: 03:30 19/07/2024

DIBB Premium Membership
Did you know you can help support theDIBB with Premium Membership?

Check out this link for more information and benefits, such as...

"No adverts on theDIBB Forums"

Upgrade Now



X