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New car broken on day 1 - legal rights?

  • 28-03-2014 11:33am
    #1
    Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭


    Hi,

    A quick question for anyone who may have been through something like this before. I picked up my lovely new VW Beetle last Friday. That evening I noticed the hazards flashing randomly and the door locking and unlocking in time with the flashing. When I got home from a drive and was investigating the radio, all the windows and the sunroof opened! I figured I had just pressed something I shouldn't have. Next morning, flashing started randomly again and windows half opened while stopped at traffic :( I drove it straight up to the dealership where windows opened twice in front of the sales guy while we were standing outside the car looking at it! I get given a replacement and the car is sent to the workshop. I get a call on Monday saying it needs a new door lock and should be ready by Tuesday. Then later I get a call saying in fact the part is on back order in the UK and wouldn't get here til Friday. Then there was a failed attempt to canabalise a part from another car. Today i am told that the part hasn't arrived, possibily due to the ship not sailing last night due to weather. I got annoyed for the first time at this point, saying that if it was my business and I'd delivered a very expensive product (2 months late!) and it was broken on delivery, I'd be on a plane personally to get the part, let alone using an air courier - waiting on the ship to come in, dear God!

    So, rant over. What are my rights here? As I recall my college law module, I can ask for a refund if the product has a major fault that is obvious from word go - is that right? Would the windows opening randomly qualify as a major fault? Do I have to accept a repair in this case?

    Any advice would be appreciated.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 7,302 ✭✭✭Supergurrier


    You have the right to reject it outright going by your drscription .

    Don't let them lead you down a merry path while putting you at the bottom of their list of priorities because you have already paid for the car.


  • Registered Users, Registered Users 2 Posts: 8,480 ✭✭✭YbFocus


    Repair, refund or replace.

    They've chosen option one and as far as I can see are seeing to the problem.
    You have a replacement car for the time being and your car will be fixed for free.

    It shouldn't have happened but it has, their seeing to the problem in fairness.


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    YbFocus wrote: »
    Repair, refund or replace.

    They've chosen option one and as far as I can see are seeing to the problem.
    You have a replacement car for the time being and your car will be fixed for free.

    It shouldn't have happened but it has, their seeing to the problem in fairness.

    Any idea on who's choice it is re Repair/Refund/Replace?


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    I've found this on consumerhelp.ie...


    Reject item - Full refund
    If you agreed to buy something and it simply does not work from the outset, then you are entitled to reject the goods and get a refund from the seller. Examples include a new washing machine which fills with water but does not spin or drain, or a new TV set which the audio doesn’t work on. In both of these examples, the consumer has discovered a major problem/fault with the item as soon as they go to use it for the first time. In the shop they agreed to buy it, but clearly there is something wrong with the one they were given. The consumer has not “accepted” the item – they brought the item home but it does not do what it said it would and the consumer had the right to reject it. They can return it to the shop and demand a full refund. This will terminate the contract they had for the item with the seller.


    I've sent them a mail to the effect that I consider the fault to be a major fault, that I haven't accepted the car and that I reserve the right to ask for a refund.


  • Registered Users, Registered Users 2 Posts: 8,480 ✭✭✭YbFocus


    Phibsboro wrote: »
    Any idea on who's choice it is re Repair/Refund/Replace?

    Not up on the legal thing but they do I think sorry.


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  • Registered Users, Registered Users 2 Posts: 22,656 ✭✭✭✭Tokyo




  • Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    It's neither seller nor buyer's choice. It's supposed to be agreed by both parties.

    However, realistically, the seller chooses because if you were to refuse the first remedy offered, and go to court, you'd be seen as unreasonable.

    If the repair doesn't work, you are well within your rights to seek a refund.

    As for the repair, it should be done in a 'reasonable' time. What defines reasonable? Who knows?


  • Registered Users, Registered Users 2 Posts: 2,985 ✭✭✭beachhead


    This is a major fault-safety and security wise.Probably caused by faulty circuitry.Are you still within the 30 day return period.If you don't want the car or don't trust the dealer tell them that.Contact the VW head office in Ireland and ask for a refund/new car.Provide all details of names/conversations with dealer and sequence of faults with car.


  • Registered Users, Registered Users 2 Posts: 4,226 ✭✭✭Stallingrad


    If they are working on the doors odds are the door trim will be stripped down, any waterproof membranes removed, etc. If not done right you can have subsequent water ingress. Very annoying for you OP, I can't see a replacement being offered as the dealer is trying to sort the problem out.


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    Windows opening sounds like the security system is askew. On most VAGs I've seen if you pop the key in the door and hold it to 'open' all the windows go down.


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  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    Brand new or new to you?


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    corktina wrote: »
    Brand new or new to you?

    Brand new, waited 5 months for it as well! Just so annoyed with the whole situation, I pay the premium for a new car cos I'm not into cars, have no patience for things going wrong etc. This is exactly my nightmare scenario. If I could press a button and get my old car and money back now I'd do it.


  • Registered Users, Registered Users 2 Posts: 3,885 ✭✭✭Tzardine


    Sorry for your troubles OP

    Its unfortunate but these things do happen. A big factor would be if the car is brand new or used and just new to you. If it is used it is to be expected that these things can come up.

    Seems like the dealer is trying to get you sorted. They gave you a loan car while they fix yours, which is taking a bit longer that you would have hoped.

    If on the other hand the car is brand new then I can understand your frustrations but the garage can chose to either repair it or replace it. It looks like they are going down the repair route.

    You should ask them for some compensation in the form of the next service free etc. Thats about as much as you can hope for IMO


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    Phibsboro wrote: »
    Brand new, waited 5 months for it as well! Just so annoyed with the whole situation, I pay the premium for a new car cos I'm not into cars, have no patience for things going wrong etc. This is exactly my nightmare scenario. If I could press a button and get my old car and money back now I'd do it.

    Consumer protection legislation (Sale of Goods & Supply of Services Act) is silent as to who has the right to determine refund, replace or repair. To me, it sounds a fairly serious issue which could be electrical or electronic. In neither case would I be happy to accept a repaired car as a manufacturing defect such as this might be diagnosed as isolated now only to reappear later. This is particularly the case for a day 1 fault on a brand new car. I would insist on a refund - given the time you've waited, I doubt you'll want to wait longer. I would not accept a dealer repair on a brand new manufacture without at least a 20% discount.


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    Tzardine wrote: »

    If on the other hand the car is brand new then I can understand your frustrations but the garage can chose to either repair it or replace it. It looks like they are going down the repair route.

    My reading of the consumerhelp.ie site is that for a major day 1 fault I can refuse the product and get a refund. Obviously this is complicated by the trade in element, if it was straight cash I'd probably have asked for that last Saturday. As other posters have pointed out, I am potentially into a world of pain now, an intermittent electrical fault in a car is possibly the worst case scenario for ongoing issues. My guy feeling is that it is water related (it was raining last Friday evening and Sat morning) and that again is just an absolute world of pain...


  • Registered Users, Registered Users 2 Posts: 1,100 ✭✭✭noelf


    ironclaw wrote: »
    Windows opening sounds like the security system is askew. On most VAGs I've seen if you pop the key in the door and hold it to 'open' all the windows go down.

    after comming home one morning in a mark 6 golf I locked the car and read the paper before going to bed keys in my pocket later on my wife discovered all windows down...and it had rained... the reason...by leaving the keys in my pocket I had pressed the unlock button It's not possible to do this on mark 7 golf


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    noelf wrote: »
    after comming home one morning in a mark 6 golf I locked the car and read the paper before going to bed keys in my pocket later on my wife discovered all windows down...and it had rained... the reason...by leaving the keys in my pocket I had pressed the unlock button It's not possible to do this on mark 7 golf

    That is kind of the scenario I had assumed happened when all the windows and sunroof rolled down on the Friday evening (even though in hindisght that didn't make sense as the key was in the ignition). But when it happened while I was driving along I knew it was something more serious. Which was confirm when it happened in front of the sales staff while i was holding the key in hand, not pressing anything.


  • Registered Users, Registered Users 2 Posts: 1,100 ✭✭✭noelf


    Just wondering could the key fob be faulty ..if the battery was taken out of fob would there still be problems with the windows ?


  • Registered Users, Registered Users 2 Posts: 11,865 ✭✭✭✭MuppetCheck


    While the ramifications of the fault could potentially be very serious (weather damage, theft) it does sound like a minor fault is causing it as that's the way the locking system works on all VAGs.

    It's really up to you - accept the fix or wait a long time for another one. If you were to accept the fix I would try and wrangle some good will - a few services or the like for the inconvenience.


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    Phibsboro wrote: »
    My reading of the consumerhelp.ie site is that for a major day 1 fault I can refuse the product and get a refund. Obviously this is complicated by the trade in element, if it was straight cash I'd probably have asked for that last Saturday. As other posters have pointed out, I am potentially into a world of pain now, an intermittent electrical fault in a car is possibly the worst case scenario for ongoing issues. My guy feeling is that it is water related (it was raining last Friday evening and Sat morning) and that again is just an absolute world of pain...

    It's not a major fault it's a minor electrical issue which the dealer is trying to rectify. Unfortunately with cars things do go wrong, even when brand new, and sometimes it takes a few attempts to fix the issue.

    Consumer law means you get offered repair, replacement or refund. By you looking to skip the repair and looking straight for a refund you are putting yourself in a weaker position if you need to go legal.


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  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    Del2005 wrote: »
    Consumer law means you get offered repair, replacement or refund. By you looking to skip the repair and looking straight for a refund you are putting yourself in a weaker position if you need to go legal.

    But that is in direct contradiction to the advice on consumerhelp.ie (which is the consumer side of the National Consumer Agency, which is a statutory body)...

    Reject item - Full refund
    If you agreed to buy something and it simply does not work from the outset, then you are entitled to reject the goods and get a refund from the seller. Examples include a new washing machine which fills with water but does not spin or drain, or a new TV set which the audio doesn’t work on. In both of these examples, the consumer has discovered a major problem/fault with the item as soon as they go to use it for the first time. In the shop they agreed to buy it, but clearly there is something wrong with the one they were given. The consumer has not “accepted” the item – they brought the item home but it does not do what it said it would and the consumer had the right to reject it. They can return it to the shop and demand a full refund. This will terminate the contract they had for the item with the seller.


    So consumer law certainly does allow for an immediate refund. The question is if this fault is major. Here is that site's attempt to explain the distinction:

    A major fault is one where the item does not work as it is supposed to. For example, a new washing machine that fills up with water but doesn’t spin or empty, or a new toaster that doesn’t heat up, would be major faults in these items.

    Generally speaking, if there is a fault with the appearance or finish of an item, or if the item has been scratched, this is a minor fault, since the item will still work and do what it is supposed to do.


    I think on that definition this fault is definitely a major fault. Not only is the car not safe to drive but it actually isn't safe to leave anywhere in case the windows open. I suspect you are looking at it from the other side, which is whether the fault is easy to fix, but that isn't relevant.


  • Registered Users, Registered Users 2 Posts: 10,534 ✭✭✭✭guil


    How is it not safe to drive? A window going down is hardly putting your life at risk.


  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    Phibsboro wrote: »
    Brand new, waited 5 months for it as well! Just so annoyed with the whole situation, I pay the premium for a new car cos I'm not into cars, have no patience for things going wrong etc. This is exactly my nightmare scenario. If I could press a button and get my old car and money back now I'd do it.

    Honestly if a slight electrical issue on a brand new car is your nightmare scenario you must be doing pretty well. Chill a bit and don't obsess. I am sure it will be sorted soon.

    See if you can get some servicing thrown in for the inconvienience maybe.


  • Registered Users, Registered Users 2 Posts: 1,046 ✭✭✭Bio Mech


    If you push VW for a full refund on this I don't think they will give in. They will go to court and TBH I cant see you winning on this one.

    once they actually fix it soon that is


  • Registered Users, Registered Users 2 Posts: 20,195 ✭✭✭✭jimgoose


    This sort of thing isn't unheard-of. The all-windows-and-sunroof-open mode is an emergency safety measure normally activated by walloping the unlock button on the key-fob twice, or something like that. Occasionally a wobbly drivers-side door lock (the master vehicle security module in many modern yokes) is defective and this sort of thing happens. Not a huge deal, just be patient until they get a new one for it.


  • Registered Users, Registered Users 2 Posts: 1,100 ✭✭✭noelf


    How long are you without your car ? A Nissan leaf owner here was without his car for over a month with major electronics issues. I assume the garage has given you a replacement car


  • Closed Accounts Posts: 3,311 ✭✭✭BreadnBuddha


    Remember something else... They have to order parts through VAG's system and wait for them to arrive, then they'll fit them and get your car back. They will do this as quickly as they can but you can't expect them to send a guy to the UK/Germany/wherever to collect them. Coming from the UK by sea is often just as quick as flying parts.

    Trucks and vans cross every few hours to and from logistics centers, and by the time a part would go via courier, be scanned/xrayed, load onto a plane, fly it over, unpack/scan, out to a depot, courier to a dealer, the seafreight part might only be a couple of hours behind it.

    When all's said and done they don't want you to be unhappy, but it's not actually THEIR fault the car built by VW has turned up with a faulting component. Allow them to fix the problem professionally (which it sounds like they're doing, even attempting a workaround by taking a part from another new car to get you sorted out quicker) and accept that they've given you a replacement car and if you don't work against them too hard they will take care of things.

    Part of buying the car new to avoid having to put up with the hassle of little things being wonky on an older car is about placing your trust with the supplier to just take care of it. Sound like they are going about this the right way in fairness and if you can have a little patience it will pay off longer term.

    Get all p!ssy with them now and you alienate the guys you will otherwise be able to rely on if or when other things need looking after. If you do that I think you have wasted the big advantage you paid for in buying the car new, that is, being able to go to the dealer and enjoying their help and support in keeping you motoring without too much hassle.


  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    guil wrote: »
    How is it not safe to drive? A window going down is hardly putting your life at risk.
    what if you are in a safari park!!


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    beachhead wrote: »
    This is a major fault-safety and security wise.Probably caused by faulty circuitry.Are you still within the 30 day return period.If you don't want the car or don't trust the dealer tell them that.Contact the VW head office in Ireland and ask for a refund/new car.Provide all details of names/conversations with dealer and sequence of faults with car.

    What is this 30 day return period you speak off? Is it a dealer specific thing?


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  • Registered Users, Registered Users 2 Posts: 6,017 ✭✭✭lomb


    Sounds like buyers remorse coupled to a minor fault on a new car to me. Do the reasonable thing and let an authorised dealer fix the problem. Its annoying though it has to be said and it would make the inevitable remorse worse. As long as you have a loan car then you are not out.


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    Some interesting replies in the last few hours :)

    I think the windows opening randomly is a major fault, I'd be pretty certain I'd win that point if it came to court. As I said, I think people who are more into their cars than I am are thinking about the issue from the point of view of how easy it is to fix, but that isn't the way the courts would look at it.

    As for it being dangerous, picture all 4 windows and the sunroof opening unexpectedly when you are in the fast lane of the M50 in a rain storm. I've seen drivers swerve when they reach for something beside them, I can definitely imagine some peculiar manoeuvres in the event of a sudden ingress of water at 120km! Even the hazards randomly coming seems dangerous to me, it affects how other users react to your driving.

    As for buyers remorse, not at all, I was delighted with the car in the few hours I had it before it started going wrong. I actually love the replacement they've given me, a lesser model but with a really lovely diesel engine.

    Re I must have a simple life if something like this is my nightmare scenario - that's how I feel when I see people bringing their computers in to be virus checked in PC World for 65e a pop :D I know what I am doing in that area so I can see how easy it is to do it yourself. With cars, I know-a-nothing, I once put anti-freeze into the oil thingy for example. I have no interest in playing with the car, I want it to work without fault for the 3 years I will own it. Which every new car I've owned has done up to now.

    The point re it not being their fault that VW shipped them a car that had a fault seems ludicrous and I can't imagine the dealer would ever utter such a defense. They are one of a handful of main VW dealers in Dublin, it is key to their business that they are seen to deliver a quality product. For the customer, they *are* VW and that exactly the way they and VW want you to perceive them.

    Overall I would be pretty certain I could manage to undo the transaction if I decide to go down that road.

    My main issue is probably around how long it is taking to sort out. I could order something from amazon.de and once I am prepared to pay for it I will have it the next day. The VW way is that the Irish dealers can only order through the UK and if the UK doesn't have it then it is back ordered. The Irish dealer gets no notification other than "5 working days". No tracking number, no idea if it has actually shipped from Germany, no idea if it has arrived in the UK. So it didn't arrive today when it should have, but the service had no mechanism apparently to trace it. I was making the point to him that if I was running a small business and I'd sold a customer a product that cost the guts of 30k, took 5 months to arrive after ordering and was nearly 2 months later than originally suggested, I would actually get on a plane personally to get the part. I know of many situations in business where companies have done something similar to resolve particularly egregious issues - Dell for example are known to fly shipments from asia when they get demand wrong, effectively eating up their profit on those lots.

    After I made these points I got a call saying they had managed to trace the part (presumably by ringing the UK!) and it would arrive by Monday. I'll accept it if I get it by Monday and hope to God it doesn't happen again!


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    Phibsboro wrote: »
    Some interesting replies in the last few hours :)

    I think the windows opening randomly is a major fault, I'd be pretty certain I'd win that point if it came to court. As I said, I think people who are more into their cars than I am are thinking about the issue from the point of view of how easy it is to fix, but that isn't the way the courts would look at it.

    As for it being dangerous, picture all 4 windows and the sunroof opening unexpectedly when you are in the fast lane of the M50 in a rain storm. I've seen drivers swerve when they reach for something beside them, I can definitely imagine some peculiar manoeuvres in the event of a sudden ingress of water at 120km! Even the hazards randomly coming seems dangerous to me, it affects how other users react to your driving.

    As for buyers remorse, not at all, I was delighted with the car in the few hours I had it before it started going wrong. I actually love the replacement they've given me, a lesser model but with a really lovely diesel engine.

    Re I must have a simple life if something like this is my nightmare scenario - that's how I feel when I see people bringing their computers in to be virus checked in PC World for 65e a pop :D I know what I am doing in that area so I can see how easy it is to do it yourself. With cars, I know-a-nothing, I once put anti-freeze into the oil thingy for example. I have no interest in playing with the car, I want it to work without fault for the 3 years I will own it. Which every new car I've owned has done up to now.

    The point re it not being their fault that VW shipped them a car that had a fault seems ludicrous and I can't imagine the dealer would ever utter such a defense. They are one of a handful of main VW dealers in Dublin, it is key to their business that they are seen to deliver a quality product. For the customer, they *are* VW and that exactly the way they and VW want you to perceive them.

    Overall I would be pretty certain I could manage to undo the transaction if I decide to go down that road.

    My main issue is probably around how long it is taking to sort out. I could order something from amazon.de and once I am prepared to pay for it I will have it the next day. The VW way is that the Irish dealers can only order through the UK and if the UK doesn't have it then it is back ordered. The Irish dealer gets no notification other than "5 working days". No tracking number, no idea if it has actually shipped from Germany, no idea if it has arrived in the UK. So it didn't arrive today when it should have, but the service had no mechanism apparently to trace it. I was making the point to him that if I was running a small business and I'd sold a customer a product that cost the guts of 30k, took 5 months to arrive after ordering and was nearly 2 months later than originally suggested, I would actually get on a plane personally to get the part. I know of many situations in business where companies have done something similar to resolve particularly egregious issues - Dell for example are known to fly shipments from asia when they get demand wrong, effectively eating up their profit on those lots.

    After I made these points I got a call saying they had managed to trace the part (presumably by ringing the UK!) and it would arrive by Monday. I'll accept it if I get it by Monday and hope to God it doesn't happen again!

    A major fault in a car is a blown engine or defective brakes etc, you have a minor electrical issue which the garage is trying to resolve. Did the fact that it took 5 months to make the car not warn you that it takes a long time to get anything done in the motor industry? With margins cut to the bone nowhere keeps stock so everything is back ordered.
    If you don't let the garage attempt to repair the car you won't have a strong case to reject the car.


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    Del2005 wrote: »
    If you don't let the garage attempt to repair the car you won't have a strong case to reject the car.

    In fact it is the opposite, you need to be careful that you make it clear that you still haven't accepted the product if you do allow a repair to happen. Your strongest point for a complete refund is the first time you notice the issue, once you go down the route of allowing a repair your case is significantly weakened. So I will be making it clear when I pick up the car on Monday that I am not accepting it until the repair is proven to work (i.e. trying to restart the clock so I still have a couple of days within which to reject the car).

    As for tight margins, VW made 11 billion profit last year (yes billion, and yes profit, not sales). Probably because they have customers like me who are prepared to wait long enough that they can effectively build to order :)


  • Registered Users, Registered Users 2 Posts: 10,534 ✭✭✭✭guil


    Phibsboro wrote: »
    In fact it is the opposite, you need to be careful that you make it clear that you still haven't accepted the product if you do allow a repair to happen. Your strongest point for a complete refund is the first time you notice the issue, once you go down the route of allowing a repair your case is significantly weakened. So I will be making it clear when I pick up the car on Monday that I am not accepting it until the repair is proven to work (i.e. trying to restart the clock so I still have a couple of days within which to reject the car).

    As for tight margins, VW made 11 billion profit last year (yes billion, and yes profit, not sales). Probably because they have customers like me who are prepared to wait long enough that they can effectively build to order :)
    For someone who had no clue of their rights just 10 hours ago, you seem to know it all now. Don't believe everything you read on google and just cos you have the opinion that this fault is a major one doesn't mean it is.


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    guil wrote: »
    For someone who had no clue of their rights just 10 hours ago, you seem to know it all now. Don't believe everything you read on google and just cos you have the opinion that this fault is a major one doesn't mean it is.

    I absolutely accept that :D I'm going purely on my take on the details on consumerhelp.ie - the example of a tv where the audio doesn't work seems a reasonable analogue of my case. Other posters on here have agreed with me. But yes, I accept I could well be wrong. Hopefully I wouldn't get to find out if I am!


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  • Closed Accounts Posts: 3,311 ✭✭✭BreadnBuddha


    You can pick your points all you want but the Franchised main dealer buy via a National Distributor who in turn buy from the Manufacturer. You didn't buy a car from VAG, you bought it from a reseller.

    To take your example, it'd be like someone buying a Dell Inspiron laptop in PC World, the right speaker occasionally not working and then that person bitching to anyone who will listen and saying that it was PC Worlds fault that the Dell warranty on low/mid range consumer gear is Collect and Return and might take a week or ten days to fix.

    You bought a Beatle, not an S8. Or in Dell terms an Inspiron, not a Latitude with 4 Hour Onsite ProSupport. And if you think either VW or Dell are going to bend over backwards to help their resellers do something special for you then you're all set for future disappointment.

    Enjoy your new car when they have it fixed. They're a nice looking machine. Be realistic about what the dealer can do for you. Demanding your rights as a consumer isn't always necessary and losing your cool with the dealer on Monday if it's not ready really won't be a reasonable response. They're doing their best. Be nice and give them a fair chance to make it up to you during your ownership.


  • Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 7,730 Mod ✭✭✭✭delly


    I dunno what it is, but the op seems to be getting a bit of grief due to a fault messing up that new car buzz. Getting a brand new motor doesn't happen that often, so I can fully understand the reasons for checking out consumer law, yet most people seem intent on telling the op that it is a minor fault and to suck it up.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Phibsboro wrote: »
    I'm going purely on my take on the details on consumerhelp.ie - the example of a tv where the audio doesn't work seems a reasonable analogue of my case. Other posters on here have agreed with me. But yes, I accept I could well be wrong. Hopefully I wouldn't get to find out if I am!

    The problem is that your take is biased by what you want to take from the consumer website. Your "take" on the tv is flawed. If Audio does not work on a tv, then the tv is pretty useless and realistically cannot be used for its intended purpose, which is to enjoy visual and audio entertainment. Your car has developed a minor fault with a "major" inconvenience. It's a real headache that it happened on day 1, but the garage are doing their best for you. A more realistic comparison would be a brand new tv which had an intermittently faulty remote sender. Damn inconvenient, but easily enough fixed and certainly not a reason to storm into Harvey's demanding a full refund. For the record, I too would be pissed, but I would just write it off as one of those things. And also for the record....you DON'T know what way a court would see it. I personally think you'd be kicked out on your ass if you took this one to court. You've been given a replacement car while your car is getting repaired. You've been kept informed the whole time. The garage even tried to cannibalise one of their other cars for you, to try get yours fixed sooner! :eek:


  • Banned (with Prison Access) Posts: 133 ✭✭Sir Chops


    Phibsboro wrote: »
    I absolutely accept that :D I'm going purely on my take on the details on consumerhelp.ie - the example of a tv where the audio doesn't work seems a reasonable analogue of my case. Other posters on here have agreed with me. But yes, I accept I could well be wrong. Hopefully I wouldn't get to find out if I am!

    Any chance you could drop the smiley faces ?


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    delly wrote: »
    I dunno what it is, but the op seems to be getting a bit of grief due to a fault messing up that new car buzz. Getting a brand new motor doesn't happen that often, so I can fully understand the reasons for checking out consumer law, yet most people seem intent on telling the op that it is a minor fault and to suck it up.

    The op gets a new car every 3 years. The op went from being inquisitive/curious, to knowing what the courts would do for her. The fact is that it is minor fault. A simple replacement part, not an engine out job. Other are talking about the waterproof membrane being cut. Even I have managed to strip car doors without damaging the membrane. Some people are just stirring the poo.


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  • Closed Accounts Posts: 3,311 ✭✭✭BreadnBuddha


    delly wrote: »
    I dunno what it is, but the op seems to be getting a bit of grief due to a fault messing up that new car buzz. Getting a brand new motor doesn't happen that often, so I can fully understand the reasons for checking out consumer law, yet most people seem intent on telling the op that it is a minor fault and to suck it up.

    Of course the OP is disappointed and annoyed. I think everyone can understand that to a certain degree. But there's no point allowing emotion overrule common sense. The fault has been diagnosed, quickly, the parts have been ordered and are on the way, a loan car has been supplied and the dealer sounds like they're following the manufacturers process and also taking pretty good care of the OP overall. The OP would be better served criticising VAG directly in writing rather than winding him/herself up like a spring, ready to let loose on the dealer. The fault is with VW and be fair, any new car can have early life component faults that miss factory or PDI inspection.

    On the whole it reads as though the OP is being overly harsh in their response, because it seems like the dealer is being made responsible for his/her experience, when in truth most would say they're probably doing a pretty good job of handling the situation.


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    More interesting replies!

    First off, I'm a him, not a her!

    I'm honestly not winding myself up like a spring, I'm using smileys to indicate that I'm taking a reasonably relaxed attitude to the whole experience - though that seems to have wound some other people up (and you just know I want to put a smiley in here...ah feck it, :D )

    I posted initially to see if anyone had a similar experience, it looks like no-one has so I guess everything since then has been speculation, including my own posts. In my defense, I am backing my opinion up with quotes and definitions from the relevant agency but obviously they are still my opinion. Hopefully those references will be useful to someone in a similar situation in the future (i.e. a major fault = refund if you want it).

    As for my situation, I am now a week without my new car, having driven it for approximately 60 minutes in total. Whichever way you look at it that isn't a good situation for the dealer, for VW and for me the customer.


  • Banned (with Prison Access) Posts: 133 ✭✭Sir Chops


    Phibsboro wrote: »
    More interesting replies!

    First off, I'm a him, not a her!

    I'm honestly not winding myself up like a spring, I'm using smileys to indicate that I'm taking a reasonably relaxed attitude to the whole experience - though that seems to have wound some other people up (and you just know I want to put a smiley in here...ah feck it, :D )

    I posted initially to see if anyone had a similar experience, it looks like no-one has so I guess everything since then has been speculation, including my own posts. In my defense, I am backing my opinion up with quotes and definitions from the relevant agency but obviously they are still my opinion. Hopefully those references will be useful to someone in a similar situation in the future (i.e. a major fault = refund if you want it).

    As for my situation, I am now a week without my new car, having driven it for approximately 60 minutes in total. Whichever way you look at it that isn't a good situation for the dealer, for VW and for me the customer.

    Very surprised to hear you're a lad tbvh


  • Registered Users, Registered Users 2 Posts: 3,379 ✭✭✭CarrickMcJoe


    Maybe you should have taken out The Extra 3 Year Warranty :D


  • Registered Users, Registered Users 2 Posts: 1,352 ✭✭✭Phibsboro


    Sir Chops wrote: »
    Very surprised to hear you're a lad tbvh

    There are all sorts of people who buy and run cars, not everybody is mad into them (and indeed I know some girls who live and breath cars!). Reactions like that will ensure that this forum becomes a petrol head only hangout, which would be to the detriment of the wider boards community.

    On a more positive note, what I *am* into is car tech and I can't wait to get this installed :

    http://www2.robpol86.com/guides/Wireless-Charging-Car-Dock/


  • Registered Users, Registered Users 2 Posts: 1,514 ✭✭✭Tony H


    My son had a similar experience a few years ago (2007) with a new Toyota , a day after he accepted delivery he noticed a burning smell coming from the air vent ,brought it back to the dealer to check it out , they found a fault with the heater unit which had to be replaced,
    He was told it would be fixed within a week and was offered a loaner in the meantime,
    He refused and demanded his money back , it took about two weeks and lots of phone calls to Toyota Ireland who in fareness were great but he did get a full refund .


  • Registered Users, Registered Users 2 Posts: 73,520 ✭✭✭✭colm_mcm


    It'd be a bit rash to reject the car over a faulty lock.

    BTW, I'm a bloke and I'd totally drive the new Beetle.


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    Tony H wrote: »
    My son had a similar experience a few years ago (2007) with a new Toyota , a day after he accepted delivery he noticed a burning smell coming from the air vent ,brought it back to the dealer to check it out , they found a fault with the heater unit which had to be replaced,
    He was told it would be fixed within a week and was offered a loaner in the meantime,
    He refused and demanded his money back , it took about two weeks and lots of phone calls to Toyota Ireland who in fareness were great but he did get a full refund .

    I can never understand this mentality. Why? A week for a repair, same warranty and a brand new car. If the repair fails, no problem, you can still probably wrangle a refund. Because the dealer won't care. They can refund you and probably flog the car second hand for no loss what so ever.

    Or, two weeks of utter hardship, wasted time on the phone and you have the hassle of going out and buying a car again

    Boggles the mind. Let the retailer in any situation try put the situation right. From working in retail, we always went above and beyond the call for customers willing to work with us. We'd often throw in a freebie (or three) and the whole operation would be at a loss for us anyway. But it was important to make the situation right and have that customer come back to us again with a positive experience. Anyone coming in hurling abuse and consumer rights was given their cash and shown the door. Its actually downright rude.

    We're all human lads, give them a chance.


  • Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    It's the manner in which the OP conducts himself which has a feminine vibe, not the "not into cars" or the fact that it's a beetle he bought. The posts just came across as bitchy...sorry op...no offense meant. Now, back on topic: That charger/holder you linked looks pretty decent. Not sure I would trust it to hold a pad on a bumpy road though (an irish road)


  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    Phibsboro wrote: »
    I absolutely accept that :D I'm going purely on my take on the details on consumerhelp.ie - the example of a tv where the audio doesn't work seems a reasonable analogue of my case. Other posters on here have agreed with me. But yes, I accept I could well be wrong. Hopefully I wouldn't get to find out if I am!

    Stop looking at the consumerhelp site and read the actual Statue as the site is just an interpretation of the Statue not the law. You need to look at the Statue for your reasons to reject the car.
    delly wrote: »
    I dunno what it is, but the op seems to be getting a bit of grief due to a fault messing up that new car buzz. Getting a brand new motor doesn't happen that often, so I can fully understand the reasons for checking out consumer law, yet most people seem intent on telling the op that it is a minor fault and to suck it up.

    If I got a new car and only had it for 60 minutes I'd be rightly p!ssed off. But the OP is going over the top in their reaction to a minor fault which the dealer is trying to rectify.


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