Dear Alex,
My Audi Q2 is not yet four years old and has less than 40,000 miles, but a damaged thrust washer caused the engine to seize. It has been serviced by a Volkswagen Group dealer. My understanding is that the Consumer Rights Act 2015 would make it the dealer’s obligation to repair the car free of charge, as it must last a reasonable period. Could you advise on my next steps?
– GG
Dear GG,
I’m afraid you’re not quite correct in your assertion. The way the Consumer Rights Act is written, it gives you up to six years after purchasing a product to bring a legal claim if it fails.
A common misconception is that this means that the manufacturer must therefore automatically put right any failure free of charge within six years. This is not correct. The six-year threshold does not equate to a warranty or guarantee, and it does not necessarily oblige the manufacturer to cover the cost of any repair during that time.
Yes, up to six months after the purchase, the vendor is obliged to put things right if a car fails, unless they can prove the failure was not present at the time of the sale.
However, at that six-month mark the burden of proof shifts to the purchaser; were you to bring a legal case against the vendor (which you could do at any time until that six-year threshold), you would be obliged to prove that the car has failed due to an inherent defect.
To prove an inherent flaw, you would have to obtain a report from an independent motor engineer stating that to be the case. And then, to enforce the Act, you would probably have to go to court – unless the manufacturer agreed to settle beforehand.
This course of action is fraught with the risk that you would be unsuccessful and then be liable for all of the legal costs, on top of the original cost of the repair. Which is why I’d advise caution before pursuing it.
The better bet at this stage would be to involve Audi customer service. Given that your Q2 is only just out of warranty and has been serviced by franchised dealers, I’d be very surprised if Audi didn’t offer a fairly substantial gesture of goodwill. It is unlikely that this will fully cover the repair costs, but it should make a big difference.
If none is forthcoming, or if you do not feel the gesture of goodwill is fair and reasonable, you can look at your options with regard to legal action. But I strongly suggest that you seek professional legal advice before proceeding.
Dear Alex,
My wife’s 2011 Volkswagen Golf 1.6-litre diesel recently suffered a failed fuel injector. It has only covered 47,000 miles and has been very reliable otherwise. But we are concerned about another injector failing, while my wife is very anxious about another breakdown while on her own. We can either replace the three remaining injectors pre-emptively (at a cost of £2,800), do nothing and hope the other injectors last, or put the money toward the cost of a newer car with a warranty. But how likely is another injector failure? What is our best course of action?
– RS
Dear RS,
A useful bit of context; Volkswagen 1.6-litre diesel engines of this vintage are known for fuel-injector problems. The fact that you haven’t experienced any until recently is due to your car’s low mileage.
It is possible you’ll be lucky and not experience further issues. However, it’s more likely with this engine that once one has failed, the rest will follow soon after. So you need to decide whether you like the car enough to want to keep it, or not.
If keeping it, replace all of the injectors as a precaution. The quote you’ve had seems quite expensive for three, so I suggest calling a few diesel specialists, Volkswagen Group specialists, or both to see if you can get the job done for less.
Normally, I’d say that keeping an old car running via repairs is a more sensible course of action than spending money on a newer car and suffering the depreciation that entails. But in this instance, given the Golf’s age, there’s a chance that issues other than the injectors will crop up soon. If your wife is anxious about being stranded again, a newer, more reliable model would provide greater peace of mind.
Much depends on how much you’re willing to spend on a newer car. If you’re only going to upgrade to something that’s a few years younger than the Golf, you might as well stick with the devil you know.
If you can afford to replace it with a car that’s a couple of years old, with a significant chunk of warranty remaining, you’ll probably end up paying more in depreciation than you would in keeping the Golf on the road. But the extra cost might be worth it to reduce the risk of breakdowns – and to give your wife peace of mind.
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