Who is responsible? You decide!

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philbrown

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I would welcome the view of anyone regarding whether my dealer is responsible for the following problem with my car. I have an imported A2 1.4 tdi se spec car. I bought it new. It has done 27k. Unfortunately, I only had a 1 year warranty on it (there's a moral here!).

I have only ever had it serviced by HWM Audi in Walton on Thames who I can honestly say is the worst dealer (Audi or otherwise) that I have ever come across. They have serviced it twice at 10k and 20k (for some reason I do not have a long life oil service sensor). They also had my car last year for some crash damage work. There was a dent in the roof on the passenger side beside the A Pillar (between the front and rear passenger doors) and the bumper needed to be replaced because of a rear end shunt. To put things into perspective, they had to remove the roof lining and the front windscreen just to fix the dent in the roof. This is before they've stripped the back end of the car to fit a new bumper. The body work job was a fiasco, with the car having to go back half a dozen times to refit bits of trim that squeeked or had not been put back properly with clips missing. On one occasion, it had to go back because the alarm.central locking did not work properly.

In May this year, my electrics suddenly went very strange. Doors wouldn't open. Cental locking/mirrors and alarm stopped working. Checked the fuses and saw one had blown. This rectified most of the problems accept the front passenger door which remained firmly locked and the alarm still didn't work. I took the car to Audi in Guildford who once getting the door open (£100 later) found a pool of water at the bottom of the door and the wiring loom corroded. This they said was caused by the seals of the loom on either side of the A pillar not being fitted properly (they had been disturbed). Moreover, behind the door they found half the clips missing including the tweeter clip.

Given that my car has only ever been to HWM, I have naturally assumed that they must be responsible. The car would not have been delivered like this nor would one expect a fault like this to occur to a car that was just over 2 years old. They have denied all reponsibility claiming that they have never touched this area of the car even though they worked all around this area. They have said this on the basis of what they wrote down when quoting to rectify the crash damage. Interestingly, they never wrote down that the car came back 6 times having to have other problems that they caused rectified. I have had my insurer back out who says that if it isn't written down that they worked on this area then it is difficult to prove who is to blame. Audi UK are not interested as the car is out of warranty and say that the issue is between me and the dealer. Given that my car was only ever touched by HWM what do you think? Does anyone have any legal expertise. Would I win in court when I can't prove categorically that they caused the fault? How could I ever unless I watched their every move?

Sorry to rant but Audi want £500 to rectify the problem. All opinions welcome.
 
Difficult one, but it sure sounds as if you have a case. Good luck.

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[img=left]http://image1ex.villagephotos.com/180225.jpg[/img=left]
2001 A2 TDI SE Crystal Blue with Open Sky, 6CD Symphony II, BOSE upgrade, DIS and HALF a winterpack!

iPAQ 3970 with Sat-Nav sleeve, rear cupholders, luggage net and floppy wiper!

http://www.audi-a2.co.uk/uk23.htm
 
Phil-firstly welcome.

I don't confess to being an expert in law/car repair, but the way I see it is this:

The dealer had the car in to repair damage. In doing so they have to strip down certain interior/extior parts to carry out the work. The car now has issues due to the work they carried out. Despite the fact they never wrote the steps down, I see this as not being a part of their defence.
So I take my car in a service-does the garage write down every litte step they take (open door, pull service flap, remove bonnet, pull this wire aside to get to oil filter etc etc). Of course they dont.

Your insurance company are a big nanny in all this too-they side with the dealer because they didn't write down a step-by-step job guide. Ask the dealer to write down what they would do if you brought the car in now with a dent on the other side-they will have to write down the removal of interior trim and door sels etc, so where is there defence?.

The warranty issue doens't really come in here-it's crash repair and that's not a warranty issue.

I would persue it with the insurance company-your not happy with the service they provided and you want them to sort it. Make a formal complaint to the insurance company, and they have to by law tell you what steps they will take, and what steps you can take if your not satisfied. Out of interest who is the insurer?.



Steve - 2002 1.4SE petrol, Silver, black/black interior, Then an identical replacement 2003 A2. Now a Toyota Corolla 1.6 T-Spirit
 
Failing the above you can pursue a claim via the 'small claims court' It will cost you £30 and you can even do it on line. [24]

I've just had a dispute with poor service on an airline and after 1 hours work on the web site and a debit of £30 the summons landed at their office. Guess what? - Three days later the 'out of court offer' was on the table. This was after three letters from them considering the matter conluded by offering me a bowl of fruit. I didn't tell them where they could stick the pineapple but it was getting close![3]

Here's the link: www.courtservice.gov.uk/mcol

Regards - The Foghorn

2001 TDI SE Atantic Blue, Open Sky, 16" 6 spoke alloys, Satellite cloth & space box system. The "Dogs Twitchers"
 
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