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Discussion Starter · #1 ·
Today I dropped my Treg in to the dealer to have a persistent coolant leak looked at.
In October 2008 my car went in to have it looked at whilst still under warranty- the dealer could not find the source of the problem so contacted VW who suggested changing the Exhaust Gas Recirculation cooler- the part took 2 weeks to arrive :shock: and then it took another week to fit and put everything back together so I got my car back on November 3rd- 1 day after the warranty expired.

Since then I have had to add 1.5L of coolant so the problem still exists- so concerned I have asked them to look at it again. I have just had a call from the Service Manager to say that they can?t see where the actual leak is (just that they can see the resulting pink stain in the V of the block) and so need to take the engine out to see where the problem is. :shock:

They have pointed out that this work is not covered under warranty and is not covered as part of the previous repair as any cover expired when the warranty stopped.
The dealer has asked VW for a goodwill contribution but cant promise anything yet- in which case to proceed I need to agree to foot the bill and hope for some good-will later.

Has anyone else had a similar experience?

Thanks Cas
 

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Senior Member
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Cas,

The fact that you reported this fault to VW whilst still in warranty, and they worked on it and failed to fix it whilst still in warranty, IMO they remain duty bound to fix the repair fully at their expense under the terms of the warranty and should not be looking to make a partial goodwill contribution.

Go straight to the top guy and push them hard.

Good luck.
 

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Scotty said:
Cas,

The fact that you reported this fault to VW whilst still in warranty, and they worked on it and failed to fix it whilst still in warranty, IMO they remain duty bound to fix the repair fully at their expense under the terms of the warranty and should not be looking to make a partial goodwill contribution.

Go straight to the top guy and push them hard.

Good luck.
I agree. The problem was clearly not resolved when it should have been and the dealer and, or, VW should be fixing it FOC.
 

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i agree too

my family had a volvo v70 and had an aircon issue shortly before the warranty expired. The first repair didnt work but by this point it was out of warranty. Volvo agreed that it was the original issue again and repaired it foc as part of the expired warranty.

Otherwise what is to stop manafacturers fobbing you off until it expires ?
 

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Discussion Starter · #5 ·
Thanks guys.

I called VW Lux Cust Care to see what they had to say- but all they could do was open a case number and then get their investigation team to request copies of the original job-sheet from when it went in (October 7th) to see what was done initially and then when the EGR Cooler was fitted at VW's recommendation.

In the mean time I have spoken with the dealer who is now removing the intake manifold to see if this allows them to see where the leak is...

I will let you know how things progress.

Cas
 

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Discussion Starter · #6 ·
I have just had a call from the dealer. As I have not yet given the go-ahead to take out the whole engine they have removed what parts they could (Inlet manifold etc) so they could see where the leak is.
After being on a pressure test all night they recon the leak is in the Head Gasket of the right cylinder bank. :shock:
To progress further they need to remove the whole engine and then remove the head.

The dealer has spoken with VW Warranty and also Lux Customer Care and they still say that VW are not at all liable as the car is now out of warranty- regardless of the fact that they started working on the leak 1 month prior to the warranty expiring. All they will do is offer a ?good will? contribution of 20% if it is a minor part such as a new Head Gasket or a max of 40% if it needs a whole new Cylinder Head.

As yet they cant give me any figures (I should get them by the end of the day)- but either way it looks like it will run into thousands rather than hundreds of pounds with VW paying between 20 and 40%, the dealer paying 20% and me picking up the rest. :evil:

I feel very very bitter as the leak was there before the warranty expired and at the time VW should have told the dealer to remove the engine then rather than fit an EGR Cooler in a hope that it might cure the problem, knowing that the next time they saw the car I would be picking up the bill.

Cas.
 

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Discussion Starter · #8 ·
Thanks- I just called them but they cant help- they will not not advise on Warranty issues or disputes. I explained that this was with regard to the original warranty and not an extended warranty- but they said that it did not matter- all warranty issues/advice is handled by the Financial Ombudsman- they gave me a number but they have now finished for the weekend.

Maybe writing to the motoring press (Times & Telegraph etc) might be a better way- try to shame VW UK into some enhanced support?

Regards

Cas
 

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Cas,

I feel for you and it's not what I would have expected from VW.

I can't get my head round the fact that this was a defect that was brought to their attention within the warranty period and they failed to resolve it.

Unless they can prove that the current defect is an entirely seperate matter, not directly linked to the original fault, it remains a warranty claim.

As some one else said after my earlier response, what's to stop any dealer fobbing us off until our cars are out of warranty.

It may be worth an hour of a Solicitor's time to get an absolute answer and put something in writing to them.

I hope you get sorted soon.
 

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Try sending a concise e-mail to Honest John of the Daily Telegraph and ask if the offer you've received is fair or not.

Email: [email protected]

He's usually pretty sound on such matters and responds within 48 hours.
 

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Cas, you have my sympathy. But don't give up - you have more to gain. Contact Honest John. I will also take the advice of your local trading standard and contact the ombudsman and if the ombudsman cannot help, ask who can as you feel aggrieved by this. I will also seek advice from the citizen advice bureau and at the same time let VW Luxury sector know that you are consulting all these agencies to get a satisfactory resolution . Show them that you are not going to part with your money without a fight. We are all behind you.
Max
 

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Personally I would name the dealer - and decent dealer would see this as an opportunity to resolve the issue professionally - why is the dealer not fighting your corner with VW? Why is the dealer not telling VW this is problem existed during the warranty period and hence is still a warranty issue? Are VW telling the dealer that they messed up and should have repaired it first time and now the liability is with the dealer, hence the fob off to you? Offering payment as goodwill is nonsense and the dealer and VW know it - they are liable - simple as that.

Personally I would get responses in writing and make it formal. Who's mistake is it that your fault was not repaired? Clearly its not your fault, so then is it the dealers? or VW? Responsibility is key with liability

Kaine
 

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Discussion Starter · #13 ·
A quick update?

I wrote to Honest John (Daily Telegraph) who responded on Saturday with this brief reply
?Small claims track at the county court against the supplying and servicing dealer. They did not fix a fault notifies during the warranty period so are still liable to fix it?.?
The problem is I bought the car privately so cant sue the supplying dealer.


I called the Financial Ombudsman (as Trading Standards said they could not talk about warranties- this was down to the Ombudsman)- the ombudsman only gets involved with extended (insurance based warranties) so they said I had to take the matter up with VW direct.

I had a call from the dealer this afternoon with an outline of the costs to get my agreement before they can go any further. Basically the engine needs to come out so they can then remove the head from one bank and see if the problem is just the gasket- to do this the cost is over ?3,000 towards which I need to pay ?753 and the dealer & VW will split the rest as a goodwill gesture.
If something like a new head is needed then it will cost a lot more but VW should then contribute a higher % as this a failure of a major component.

I will keep you posted.

Cas
 

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If I understand your problem correctly:

1. You bought the car privately before the VW manufacturer's warranty expired.

2. As the new owner, the VW manufacturer's warranty was transferred to you.

3. You reported the problem to your local VW dealer before the end of the warranty period.

4. The VW dealer attempted a repair inside the warranty period at no cost to you.

5. The VW dealer returned the car to you on the day the warranty expired.

6. The problem has re-occurred as it was not fixed in 4 above.

7. Honest John has advised you take the supplying dealer and the servicing dealer to the Small Claims Court.

8. However, as you bought the car privately there is no supplying dealer.

9. If you had bought the car from a dealer, but that was not the dealer who attempted the repair, you would not expect to sue the former as they had no part to play in the attempted repair.

10. Therefore you are now in the same position as in 9 above - the dealer who attempted the repair, but failed, is still responsible because they did not get it right within the warranty period.

11. If you had taken the car back the very next day, the dealer would have continued to attempt to repair it under VW's warranty as a continuation of the job number/warranty claim number that the dealer's service department would have been raised on a date that preceded the warranty expiry date.

12. Therefore the issue is whether the time that has elapsed is now unreasonable for you to expect VW to continue with the warranty work that the repairing garage failed to fix.

13. I do not think it is because it is clear from everything above that the repairing dealer failed and the on-going fix should still be worked on under the orginal warranty claim.
 

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Discussion Starter · #15 ·
Hi Noobytoogy- yes you are correct on all points.

I bought the car when it was about 22 months old so had plenty of warranty left and to be fair my local dealer has been great at sorting it out under warranty - I took it in to get a price on a tow-bar and they spotted that it needed the 90D7, new wheels etc and later have done other warranty repairs such as the Aux Heater, an Oil Leak and new wiper arms.

The problem with the coolant leak in October was that the leak was not visible- in hindsight they should have taken the engine out then- but VW got involved and told the dealer to change the EGR Cooler which turned out to be the wrong issue- all of which used up valuable time.
VW are taking the stance that they are not liable as the warranty has now expired and so they say they do not have to contribute legally. The dealer is saying that as the work was under warranty it is only covered to the last day of the original 3 year warranty- if I had paid towards it then I would have 12 months cover?.

Luckily the dealer feels obliged to help out and so support me in contributing to the repair- if the dealer was not contributing than VW have made it clear that they would not pay anything- so in the end I pay 25% and they split the rest- at least this way the work will be guaranteed as I will have paid.

Cas
 

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it sucks

i wouldnt accept anything but 100% and i'd be willing to take it to court (cos lets face it it wont get there vw will back down before then)

I would be fuming in your situation

a, because the dealer mis diagnosed in the first place
b, VW's annoying "goodwill" stance on something which in my opinion they are obliged to fix.

You are dealing with VW re this situation arnt you and not trusting the dealer to fight on your behalf ? Make sure its sent in writing to VW.
Also if your going to sue, it would be the servicing dealer since a supplying dealer doesnt apply. You would sue the dealer where the car is at now.
 

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From what Cas says, it was VW that told the garage which fix to apply to the vehicle so I think that probably gets the garage out of any legal responsibility for the repair as they did as they were told by the manufacturer which is responsible for its own warranty.

BUT - to me - that decision puts VW right back, fair and fully square, in the firing line!

So I hope Cas presses his case extremely firmly that it was VW's fault the leak was not properly investigated within the warranty period and therefore VW should bear the full cost of the fix even now.
 

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Just for reference (I guess it is for legal purposes) the VW garage that I went to in Stockport was at great pains to advise me that they are a retailer and not a dealer.

I suspect that they get very little favour from HQ in the day to day running of things and they all want to make as much money as possible out of the public :x
 

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Discussion Starter · #19 ·
Well after 3 weeks I finally got my Treg back.

I tried in vain to get VW to foot all of the bill (I even tried enlisting the assistance of VW Luxury Customer Care- but that title turns out to be a contradiction in terms)- but their stance is that they are liable for nothing the day the warranty expires even if the problem was diagnosed before that date.


Luckily I had the support of my local dealer so VW was obliged to match what they would contribute. In the end to get my car back I had to pay ?788.55 towards to total invoice of nearly ?4,000. In addition VW Technical Support suggested some additional items to be done whilst the engine was out (new timing chain, tensioner etc)- this is on a separate invoice so I have no idea how much that lot was.

Unfortunately this is not the end of the saga- when I collected the car- upon turning the ignition the ?Low Coolant? displayed (the header tank was full) and after a short drive I found the steering now to be off centre (it was perfect when it went in as I had recently had it done as aprt of the full 4-wheel alignment at the same dealer).

So- here I am again without my car whist they ?investigate??? :evil:

Cas
 

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sorry to hear it... that sucks and is a bad advert for vw / dealer
 
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