2011 Avant 2L TFSI needs new gearbox/repair

[Pat3lli]

Hello fellow B8 owners!

I sincerely hope your ownership has been better than mine has been over the last 5 months. I'm after your thoughts and any advice you have to give

I bought a 2011 Avant TFSI Quattro Dynamik (auto) back in mid October that has been a bit of a headache. I realise now that as someone who loves cars but doesn't know much about them, I should definitely have done more homework. I was quite complacent in my purchase having had a 2010 MX-5 and 2010 Type R which were very reliable and cheap to run. 

So far I've had to have the PCV replaced and opted for a major service which resulted in me having to replace the ignition coils also. I took the car in to the mechanics a couple of weeks back (CEL came on) who said it came on as a hangover from the misfire I experienced before replacing the coils. 

Unfortunately he told me about a much more major issue that came up when he ran the diagnostic, related to the transmission (P072600). He said he noted down what he saw and spoke to a VAG transmission specialist - essentially the car needs a mechatronic unit replacement/repair, and a new clutch. He said this work costs £2300 (trade price)! I told him that I'd had the car less than six months and he was then adamant that I go back to the garage I bought the car from and ask them to foot the cost of the repair, citing the consumer rights act of 2015. I am in the process of doing this, and have sent a final letter to the dealer threatening court action.

To get to the gist of it, I'm not sure what to do in the meantime. The car drives OK, though most of my driving is local and not at above 40mph. I don't feel confident in driving far and going on the motorway. My question is should I have the car repaired in the meantime and as part of the court action ask them to then foot the bill? I don't feel confident going this route but I have a few longer trips coming up and need a car to drive (luckily I don't need a car for work!).

What do you think? 

[Magnet]

Hello Amit,

Thanks for being in touch with the forum, and sorry to hear of your issues. 
If this were mine I would be first taking advice (free from CAB) about your rights in terms of the length of time you have owned this car, and what you can reasonably claim from the seller. 
You have now owned this 11 year old car for 6 months, and as I understand it - and I could be wrong, hence the need to take legal advice - you can reject the car as being unsuitable for purpose, within 30 days of purchase. It is usual for the seller to give you a statutory? 3 month warrant, and buyers are often encouraged to purchase extended warranties, for which the dealers receive commission. 
Did you buy an extended warranty? 
If not, then if I were you , l would need to clarify your situation with regard to claiming against the seller 6 months after you bought the car. 
OK court action may be possible, but personally, I would rather hang my hat on obtaining professional legal advice, rather than such legal advice from a mechanic. It would be a great shame to cause yourself even more problems than you already have. 
Kind regards,

Gareth. 
 

[Pat3lli]

Just now, Magnet said:

Hello Amit,

Thanks for being in touch with the forum, and sorry to hear of your issues. 
If this were mine I would be first taking advice (free from CAB) about your rights in terms of the length of time you have owned this car, and what you can reasonably claim from the seller. 
You have now owned this 11 year old car for 6 months, and as I understand it - and I could be wrong, hence the need to take legal advice - you can reject the car as being unsuitable for purpose, within 30 days of purchase. It is usual for the seller to give you a statutory? 3 month warrant, and buyers are often encouraged to purchase extended warranties, for which the dealers receive commission. 
Did you buy an extended warranty? 
If not, then if I were you , l would need to clarify your situation with regard to claiming against the seller 6 months after you bought the car. 
OK court action may be possible, but personally, I would rather hang my hat on obtaining professional legal advice, rather than such legal advice from a mechanic. It would be a great shame to cause yourself even more problems than you already have. 
Kind regards,

Gareth. 
 

Hi Gareth

Thanks for your response.

I have been on the phone with the Citizens Advice Bureau throughout this process (since the mechanic identified the problem), sorry I should have mentioned this in the post. I did get a 3 month warranty (the garage was hesitant to give even that as they said its a 10 year old car) and did not extend. 

With CAB's help, I have now contacted the garage 3 times via formal email/letter to try and get a resolution. They rejected the first two emails (i.e. I got responses) but they have not yet replied to the final letter CAB advised that I send via recorded post (they got it on Thursday). 

I purchased the car on 16/10/21 

[Magnet]

Thanks Amit,

As much as I sympathise with your plight, I guess you are being advised that technically your guarantee elapsed 3 months ago, and the only redress you might now have would be via. any goodwill that the seller may extend to you - unless I’ve got it wrong. 
The only way I see you having an actual claim against them is if the defect was reported to them within that 3 month window.

Apologies if the above is wrong, but of course, opinion can only be given on the information you give in the post. 
 Anyway, whatever, I genuinely wish you good luck in getting some recompense. 
Kind regards,

Gareth. 

[Pat3lli]

14 hours ago, Magnet said:

Thanks Amit,

As much as I sympathise with your plight, I guess you are being advised that technically your guarantee elapsed 3 months ago, and the only redress you might now have would be via. any goodwill that the seller may extend to you - unless I’ve got it wrong. 
The only way I see you having an actual claim against them is if the defect was reported to them within that 3 month window.

Apologies if the above is wrong, but of course, opinion can only be given on the information you give in the post. 
 Anyway, whatever, I genuinely wish you good luck in getting some recompense. 
Kind regards,

Gareth. 

Thanks for the good luck.

I believe I have a case given the act covers issues with products for up to 6 months, i.e. the first example here - https://www.citizensadvice.org.uk/Global/Migrated_Documents/corporate/cra2015-practicalexamples.pdf 

Cheers 

[Magnet]

Hello Amit,

OK, but what comes over to me is that the examples suggest that they are talking go about products bought new. I think you would need to take legal advice regarding your redress in terms of an 11 year old product, six months after you bought it.

Let’s hope you are right in applying this to your car.

Kind regards,

Gareth.