GolfGTIforum.co.uk

Model specific boards => Golf mk5 => Topic started by: redblade on 26 October 2007, 22:46

Title: Bought a lemon - what are my rights?
Post by: redblade on 26 October 2007, 22:46
took delivery of our new black GTI 7 months ago - the car was an import but Im not going to name the dealer YET.

1. radio not working
2. one of the knobs and two buttons on the radio not illuminating red
3. paddle shift not working.
4. rear interior lights not working
5. headlights remain on at all times
6. cruise control not working
7. drivers side rear window worked in reverse

All of the above was fixed at my local VW dealer under warrantee including a new window motor and various electric modules.

Then a month ago I noticed the roof (where the roof meets the gutters) begin to bubble up. So back to the dealers body shop
Very unhelpful, told me the car was not on the system and told me to take the car to where I got it (200 miles away).
Then got the car registered with VW (after much hassle). This morning back to a different dealers (very helpful) -
Measured the paint depth all over the car and it turns out the roof has 3 times as much paint on it than standard, the rear quarters  and doors were also not standard depth, the tailgate was OK. The car had been repaired at some time. Waiting for a VW UK inspection but frankly Im expecting VW to reject the claim.

What are my legal rights?

Ideally I want to reject the car and get my money back - what do you think?

Title: Re: Bought a lemon - what are my rights?
Post by: AlanH on 27 October 2007, 12:11
I would think that you have a very good case under the Sale of Goods Act (see link below). The important thing is to keep a list of all paperwork detailing the defects, relevant photographs, any paperwork from the supplier and dealer and so on. Don't waste any more time - if you're going to reject the car under the Sale of Goods Act as not of merchantable quality and not fit for purpose, then start writing that letter now. I'd also spend some time Googling The Sale of Goods Act to be clear about your rights. Good luck!
http://www.bbc.co.uk/consumer/guides_to/law_goods.shtml (http://www.bbc.co.uk/consumer/guides_to/law_goods.shtml)
Title: Re: Bought a lemon - what are my rights?
Post by: TeddyKGB on 27 October 2007, 13:48
Very much agree.

Where did you buy it from?
Title: Re: Bought a lemon - what are my rights?
Post by: caddy vantastic on 27 October 2007, 13:59
If the car has been resprayed VW will reject the claim unfortunately. Imported vehicles are a nightmare to sort out. A certain large firm in slough mentioning no names were the worst culprits for bad imports.
Title: Re: Bought a lemon - what are my rights?
Post by: Cass on 27 October 2007, 23:39
Think you have left it too long to reject this after 7 months. Best you can hope for is getting things put right. You may well get some compensation if the car has been damaged/repaired but you will need to prove this - only way you can do that is to have it independently inspected. You need to be talking to your importer NOW.

Useful link here:

http://www.honestjohn.co.uk/faq/faq.htm?id=43

Best of luck.

Cass
Title: Re: Bought a lemon - what are my rights?
Post by: redblade on 28 October 2007, 15:12
Thanks for your input guys - I have already accepted that this is going to be a world of pain, but I wont name the dealer just yet.

You never know - Yes sir, you car has had an extensive bodywork repair, no problem, here is a full refund or if sir would prefer, a brand new car!     CARLSBERG DON’T SELL CARS BUT IF THE DID..............
 
Title: Re: Bought a lemon - what are my rights?
Post by: Rhyso on 28 October 2007, 15:19
it wouldn't be a Golf GTI  :laugh: :laugh: :laugh:
Title: Re: Bought a lemon - what are my rights?
Post by: 08micsta on 29 October 2007, 11:39
Wow. All I can say is that I wish you the best of luck :undecided:
Title: Re: Bought a lemon - what are my rights?
Post by: Horney on 29 October 2007, 11:48
Just an interesting point to add to this. Just because the car has been repainted in places doesn't mean it's been in bang after leaving the factory. Especially as you state the roof has had work.

I have a mate who works for a large car building firm and his job is to re touch cars that come off the line with defects. They quite often have to repaint entire panels due to mismatched colours or slight orange peel etc etc. I'm pretty sure they don't bare metal it first either.

Now he is doing this day in, day out so imagine how many cars leave the factory with more paint layers in places than they should in a perfect world. Now if you took one of these cars for a refund they would have to give it to you as the paintwork was done in the factory on the date of manufacture. I'm sure they'll be a secret record somewhere of which cars have had to be done to avoid these sorts of problems.

Nick
Title: Re: Bought a lemon - what are my rights?
Post by: redblade on 29 October 2007, 22:08
Nick

according to the warranty guy at the dealers, if additional work has to be done on the production line, the whole car goes through the process again, so the paint will be thicker but consistent over the whole car.
Title: Re: Bought a lemon - what are my rights?
Post by: Horney on 29 October 2007, 22:25
Oh well VW clearly do it different to erm the other place. I thought it was worth a mention though.

Nick
Title: Re: Bought a lemon - what are my rights?
Post by: redblade on 29 October 2007, 23:22
thanks for your input
Title: Re: Bought a lemon - what are my rights?
Post by: gsn1978 on 30 October 2007, 17:41
heres a fooker for you mate..... i had almost the very same problem 10 year ago with a (at the time 1 year old) nissan primera 2.0eGT, somthing wasnt right with her so took her to the stealers just before the warrenty ran out and got a massive list of things done, then a couple of month later.. wheel bearing in the back went and i noticed that laqure was coming up a little, so i took her back, nissan checked it out and were to some degree very helpfull in telling me because id bought an import that yes they would honer the warrenty but on invesagating the history to check why the paint was going it turned out that the car had been a total right off in japan 2 days after registration, repaired some how and shipped to the uk, nissan said good bye and i was left about 10 grand out of pocket sorry mate....... i hope this is not the case, if they importers say that as far as they know... in the advert they are covered, i tryed to get the (no longer trading company) to coff up but they said that in the add as well as in conversation that at no point did they say that it has spotless history, that "as far as we are awaire it is mint" (well it would be the thing has only just been compleatly resprayed) :lipsrsealed: :cry:
Title: Re: Bought a lemon - what are my rights?
Post by: Mew on 18 November 2007, 17:40
Just an interesting point to add to this. Just because the car has been repainted in places doesn't mean it's been in bang after leaving the factory. Especially as you state the roof has had work.

I have a mate who works for a large car building firm and his job is to re touch cars that come off the line with defects. They quite often have to repaint entire panels due to mismatched colours or slight orange peel etc etc. I'm pretty sure they don't bare metal it first either.

Now he is doing this day in, day out so imagine how many cars leave the factory with more paint layers in places than they should in a perfect world. Now if you took one of these cars for a refund they would have to give it to you as the paintwork was done in the factory on the date of manufacture. I'm sure they'll be a secret record somewhere of which cars have had to be done to avoid these sorts of problems.

Nick

I think i know where you mean!   :wink:

I'm sure most people would be surprised at how many of these particular cars go round and round the production line having touch-ups, dent removal, mopping, re-sprayed panels/sections etc, it's mad! Quite a few cars also go out on the test track and come back minus the paint on one side/front and even the back if it's a big f**k up! Needless to say the manufacturers are very reluctant to write-off a brand spanking new car that hasn't even left the factory so pretty much all of them are repaired.

As for VW's getting a complete all over even re-spray, i find that hard to believe. I would imagine the place that i am on about is more thorough than VW.  :smiley:
Title: Re: Bought a lemon - what are my rights?
Post by: redblade on 25 November 2007, 01:27
UPDATE!!!

Car was dropped off at my local dealers today for the roof to be repaired under warrantee. An engineer from VW approved the claim. That would suggest to me a problem at the factory. Check your roofs ladies & gentlemen! I’ll let you know how good the repair is.
Title: Re: Bought a lemon - what are my rights?
Post by: redblade on 06 December 2007, 23:19
UPDATE

Body shop was about to begin the job but found the roof welding coming adrift and it was not laser welded, meaning the roof had been replaced at some time (badly). Body shop approached VW for more money to replace the roof but the claim was rejected outright. The quote for roof replacement is £2500. I just don’t want the car anymore so the fight begins. I have already been told by the dealer that a full refund is not an option. OUTRAGEOUS! this is fraud.
Title: Re: Bought a lemon - what are my rights?
Post by: Hurdy on 06 December 2007, 23:31
UPDATE

Body shop was about to begin the job but found the roof welding coming adrift and it was not laser welded, meaning the roof had been replaced at some time (badly). Body shop approached VW for more money to replace the roof but the claim was rejected outright. The quote for roof replacement is £2500. I just don’t want the car anymore so the fight begins. I have already been told by the dealer that a full refund is not an option. OUTRAGEOUS! this is fraud.

Surely you can reject the car under the sale of goods act? You have only just found out that this car has this fault and I for one wouldn't be happy to have a car where the roof welds were faulty and replaced. The roof is an intrinsic part of the safety cell and the rigidity of the car.

This is clearly a cover-up of a dodgily built motor and one that is IMO unsafe to market too. :angry:

Contact WHATCAR. I'm sure a disgraceful situation like this is right up their alley. It's time to shout it from the rooftops and the louder you shout, the more they will squirm. If you sit back and wait now, you are only doing your case more harm than good.

I really do hope you get a good result from this, as it is p1ss poor situations like this that REALLY get me going :angry: :angry: :angry:
Title: Re: Bought a lemon - what are my rights?
Post by: illyun on 07 December 2007, 01:55
Who are these scumbags?  :angry:  I'd like to ring them and ermmm..... wish them a Merry Christmas  :rolleyes:
Title: Re: Bought a lemon - what are my rights?
Post by: ub7rm on 07 December 2007, 09:51
That is really appaling.  I heard the mk5 wasn't as well built as the mk4 but thats ridiculous.  Give em hell.......
Title: Re: Bought a lemon - what are my rights?
Post by: RandomJord on 07 December 2007, 13:04
Name an shame ffs!
Title: Re: Bought a lemon - what are my rights?
Post by: Cass on 08 December 2007, 15:36
Get a solicitor involved now and write immediately to What Car or some other car mag consumer column. You want a full refund and the dealer should be named/shamed and prosecuted.

DO NOT pi$$ about any further.

 :angry:

Cass
Title: Re: Bought a lemon - what are my rights?
Post by: gooseuk on 08 December 2007, 20:30
I am totally discusted about what i am reading here. And also for the other guy with the nissan.

Its a total disgrace and i hope you get you justice man. Good luck with it all.
Title: Re: Bought a lemon - what are my rights?
Post by: illyun on 08 December 2007, 20:38
took delivery of our new black GTI 7 months ago - the car was an import but Im not going to name the dealer YET.

1. radio not working
2. one of the knobs and two buttons on the radio not illuminating red
3. paddle shift not working.
4. rear interior lights not working
5. headlights remain on at all times
6. cruise control not working
7. drivers side rear window worked in reverse

All of the above was fixed at my local VW dealer under warrantee including a new window motor and various electric modules.

Then a month ago I noticed the roof (where the roof meets the gutters) begin to bubble up. So back to the dealers body shop
Very unhelpful, told me the car was not on the system and told me to take the car to where I got it (200 miles away).
Then got the car registered with VW (after much hassle). This morning back to a different dealers (very helpful) -
Measured the paint depth all over the car and it turns out the roof has 3 times as much paint on it than standard, the rear quarters  and doors were also not standard depth, the tailgate was OK. The car had been repaired at some time. Waiting for a VW UK inspection but frankly Im expecting VW to reject the claim.

What are my legal rights?

Ideally I want to reject the car and get my money back - what do you think?




Not being rude or anything but what on earth are you doing?!  Name and shame the t055er5 so none of us ever use them and get on the case NOW!!!  Otherwise they will use your delay to argue that you waited and used the car and weren't bothered.  They've already metaphorically bent you over and ahem... done their thing.... are you waiting for the salesman to actually do it physically before you act?  If it was me, they would have hell to pay  :angry:
Title: Re: Bought a lemon - what are my rights?
Post by: redblade on 09 December 2007, 22:27
Sent a registered letter, Repair Quotes and digital shots to the dealer on Friday, so they should get it on Monday. Depending on the offer they come up with, the naming & shaming will begin and watchdog etc will be hearing from me. But I’m prepared to give them the chance to do the right thing - time will tell.
Title: Re: Bought a lemon - what are my rights?
Post by: illyun on 09 December 2007, 22:45
Sent a registered letter, Repair Quotes and digital shots to the dealer on Friday, so they should get it on Monday. Depending on the offer they come up with, the naming & shaming will begin and watchdog etc will be hearing from me. But I’m prepared to give them the chance to do the right thing - time will tell.


Well I hope you get what you deserve .. meant in a nice way of course  :grin: :grin: :grin:  :rolleyes:
Title: Re: Bought a lemon - what are my rights?
Post by: TeddyKGB on 09 December 2007, 22:46
Bet it was Tin Room Pot* :rolleyes:

*anagram :wink:
Title: Re: Bought a lemon - what are my rights?
Post by: redblade on 09 December 2007, 23:50
No!
Title: Re: Bought a lemon - what are my rights?
Post by: illyun on 10 December 2007, 00:09
Bet it was Motorpoint...  :rolleyes:
Title: Re: Bought a lemon - what are my rights?
Post by: Shahzeb on 10 December 2007, 08:11
I'm facing some problem with Oil Pressure indicator. On turns above 40mph i get this sudden warning of "Check Oil Pressure and Switch off Engine". This has happened twice now and warning just stays for 3 secs or so. I've only done 9000 km till now and waiting for 15k before i take it for first check. But now with this Warning should i take my car to the dealer for a check or just ignore it?

SOS!
Title: Re: Bought a lemon - what are my rights?
Post by: speedynz on 10 December 2007, 09:11
I'm facing some problem with Oil Pressure indicator. On turns above 40mph i get this sudden warning of "Check Oil Pressure and Switch off Engine". This has happened twice now and warning just stays for 3 secs or so. I've only done 9000 km till now and waiting for 15k before i take it for first check. But now with this Warning should i take my car to the dealer for a check or just ignore it?

SOS!

Checked your dipstick?
Title: Re: Bought a lemon - what are my rights?
Post by: Shahzeb on 10 December 2007, 11:29
I did check the dipstick and there was NO oil. What iam worried about the damage it must have caused to the engine. Im wondering Y didnt the yellow oil warning come if the oil was so less or not there at all. and all of a sudden this red oil lamp shows up asking to switch off the engine. Can anybody tell me if i am entitled to get a new car if the damage has been done to my car. since i just bought it some 3 months back ZERO Meter/brand new.
I just gave it to the Service center of VW. lets see what they say.
Title: Re: Bought a lemon - what are my rights?
Post by: TeddyKGB on 10 December 2007, 12:50
When did you check the oil? if it was still warm at the time it might appear there is no/little oil when really it will be all around the system and not in the sump.

Check your oil weekly! :cool:
Title: Re: Bought a lemon - what are my rights?
Post by: Horney on 10 December 2007, 12:56
When did you check the oil? if it was still warm at the time it might appear there is no/little oil when really it will be all around the system and not in the sump.

Check your oil weekly! :cool:

I had this arguement with a MKIV owner on here a while back (Aland I think). He said there's no need ot check your oil on a modern car and I disagreed. THis just goes to prove my point. It doesn't matter how modern a car you drive with however many brilliant sensors and computers you should always visually check your oil, water and brake fluid on a weekly basis. These things are you cars life blood and without them the car will die. Even if under warranty you'll still be inconvenienced if it died on you.

Nick
Title: Re: Bought a lemon - what are my rights?
Post by: AlanH on 10 December 2007, 13:23
I doubt if you would be covered by warranty if you failed to check the oil level on a regular basis and allowed it to drop to a dangerous level.
Title: Re: Bought a lemon - what are my rights?
Post by: TeddyKGB on 10 December 2007, 19:19
I had this arguement with a MKIV owner on here a while back (Aland I think). He said there's no need ot check your oil on a modern car and I disagreed. THis just goes to prove my point. It doesn't matter how modern a car you drive with however many brilliant sensors and computers you should always visually check your oil, water and brake fluid on a weekly basis. These things are you cars life blood and without them the car will die. Even if under warranty you'll still be inconvenienced if it died on you.

Nick

That aland what a crazy guy :grin: I know for a fact my mk5 is partial to a bit of oil every now and then :evil:
Title: Re: Bought a lemon - what are my rights?
Post by: fliptophead on 05 January 2008, 00:02
You could do what my mate in the US did....

www.gmclemon.com (http://www.gmclemon.com)

You can read the whole story there...