Should I seek legal advice on Car dealership?

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mullers78

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I am looking for advice;

I purchased a 2010 Volkswagen family car back in July 2012 from a Volkswagen dealer with a warranty of 1 year. In December 2012 I started to run into problems with the car. The car started smoking from the bonnet and fumes were being transferred into the cabin of the car while out driving with my three young children. I had to abandon the car off the main road with my three children and await help to bring my children home safely.

First Time
The car was brought back to the Volkswagen dealer and I was informed that the fault of the car was my own in that there was oil loosely spilled and had dripped down the engine The dealer informed me the area had to be power-hosed and the problem was now resolved.

Second Time
One week later the same issue arose again while out driving with my family and I had to bring it back again to the garage a second time. I was not offered a replacement car by the dealer as the problem was apparently my own fault. I had to request one, and eventually was granted one. I was told by the dealer that there remained still some oil that had to be power hosed again.

Third Time
Shortly again after receiving the car the same problem happened. After returning the car to the dealer, I was informed that the dealer now saw what the problem was. It was the heating system and blame for the problem was not mine anymore. A new heating system was replaced and the car was returned to me.

Forth Time
Within 24 hours the car was returned again to the garage as the smoking became worse and there was a replacement car delivered to me.
While driving the replacement car with my son aged 2, to my horror, a front tyre burst and the car went into a spin. Fortunately nobody was hurt. Upon calling AA I was informed by the AA after inspection that the two front tyres were completely bald and the car was not road worthy.


The garage informed me this week that three senior members of staff have carried out analysis of the car. I have been promised now by the dealer that the problem has been corrected.


I am terrible upset and frustrated by what has happened. I now have no confidence in the vehicle any more. I have dealt with this particular dealer for the last 9 years as a customer. I feel as though the dealer is not taking the issue seriously enough from the beginning. I don’t know what my options are. Should I contact Volkswagen and issue a complaint? Should I get legal advice from my solicitor?
 
@muller78

There are a few issues here.

Under the Sale of Goods and Supply of Services Act 1980 - Section 13 (2)

1. Extracts from the Act

13(2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

13(4) Save in a case in which the implied condition as to freedom from defects referred to in subsection (2) is either not incorporated in the contract or has been effectively excluded from the contract pursuant to that subsection, in the case of every sale of a motor vehicle by a person whose business it is to deal in motor vehicles a certificate in writing in such form as the Minister may by regulations prescribe shall be given to the buyer by or on behalf of the seller to the effect that the vehicle is, at the time of delivery, free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

Sale of Goods Act 1893
14(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—
(a) as regards defects specifically drawn to the buyer's attention before the contract is made, or
(b) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to have revealed.


2.Your case:

From what you describe about the smoke and all that there seems to be pretty significant issues with the Garage in that respect. Is / was the car a danger - not clear.

However, your remarks about the bald tyres raised a concern. First there is a lapse of time and you have been using the car and the condition of the tyres would seem to be a basic thing. The AA then saying the car was unroadworthy -but you haven't given any context for that. In other words are there a number of matter here.

A: Your original problem with the car

B: Your own actions - the bald tyres etc kind of signifies neglect on your part

What would I do:

- Get car assessed by an expert that you know or can be recommended to.

- Based on what that evaluation says maybe then consult a solicitor.
 
I think the bald tyres were on the replacement car, not the OPs car.

"While driving the replacement car with my son aged 2, to my horror, a front tyre burst and the car went into a spin. Fortunately nobody was hurt. Upon calling AA I was informed by the AA after inspection that the two front tyres were completely bald and the car was not road worthy."
 
I would drop a line to VW Ireland first, before going down the legal route. They may do something for you as a gesture of goodwill via another dealer.

I'm sure they could do without the bad press and you could do without the legal headache.
The have some customer care contact details here: [broken link removed]
 
Many thanks for the advice. I think JohnJays advise is the best course of action to start with.
 
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