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Re: REJECTING CAR as NOT of SATISFACTORY QUALITY?

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Re: REJECTING CAR as NOT of SATISFACTORY QUALITY?

bcc9723 Oct 2006 09:13
Successful rejection for breach of the condition as to satisfactory
quality, by reference to the Sale of Goods Act, would appear to be
extremely unlikely.  Although allowing the seller a chance to repair
does not in itself amount to acceptance, it's almost certain that using
the car for 2 1/2 years and 50k miles would amount to acceptance.

However, if the car is on Hire Purchase or Conditional Sale, the
situation may be different, as the rules on acceptance don't apply.
Instead, you would be looking at whether the contract had been affirmed
in the knowledge of the fault(s).  Termination of an HP contract for
breach on the supplier's part is in theory possible for a very long
time after the contract is made -- although the remedy would not
necessarily include a full refund.

mike1c@easy.com14 Oct 2006 16:53
Hello

Whilst I was really looking forward to being an Audi owner, the
"Vorsprung Durch Technik" expectation was never fulfilled and I now
find myself in the position of contacting the heads of Audi and the
dealer (with whom the contract of sale is with) to reject the vehicle -
copy of letter below.

The vehicle is approx 2.5 years old and has done 50,000 miles. I have
owned from new. From what I understand my "rejection" is pretty
exceptional, but do you think legally I have any chance of success?
Whilst a full refund would be fantastic, I am realistic and don't
really expect as I've had benefit from the vehicle (although not 100%
what I was expecting). What kind of compensation do you think is
realistic or should I expect Audi/the dealer to just refer to the
warranty that has covered the cost of fixing these problems?

Thanks for your thoughts!
MC

"Dear Sirs

After great deliberation and due diligence, I purchased an A4 Cabriolet
2.4 Sport Multitronic because of Audi's claim for quality, technical
perfection and safety. Unfortunately after spending in excess of
£29,000 my A4 Cabriolet experience has not been as described.

With lost confidence in the car's reliability and safety, plus a
catalogue of continuing problems (some of which took more than 6 months
for Audi to acknowledge), I must now claim my rights under the Sale of
Goods Act 1979.

Owning an A4 Cabriolet that is not of `satisfactory quality' or `fit
for purpose' has been a terrible and extremely stressful experience and
I now request refund compensation within 7 days.

A4 Cabriolet 2.4 Sport Multitronic
Chassis Number: removed
Registration: removed

- Steering Column Replaced
- Power Steering Reservoir Replaced
- Multitronic Gearbox Replaced
- Storage Hood Replaced
- Leaking Door Seal Repaired
- Air Conditioning Faulty
- Acoustic Parking System "Blind Spot" Faulty
- Airbag Wiring Replaced
- Automatic Hood Frame Fixings Replaced
- Peeling Audi Badge Replaced
- Windscreen Frame Faulty
- Ignition Coil Replaced

My telephone number is included and your prompt response in this matter
is appreciated.

Yours Sincerely"

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