Issues with dealer being tricky - potentially faulty vehicle after 30 days

[albatross81]

First time poster here I think, so apologies for it being something negative but I could do with some advice. Sorry for the lengthy post!

I have a 991.2 C4GTS and have a number of issues (these seem common I have now discovered on searching the forum) within a short time of buying the car, but outwith 30 days.

At the point of writing, the dealer has had my car for 12.5 weeks. I have lodged a complaint with the Motor Ombudsman but, although they have agreed to take the case on, it could be up to six months before someone actually takes up the investigation.

In August, I contacted the main dealer where I had bought the car approx 2 months previously to inform them of a number of issues (one leak and also smoke from the exhaust, plus rattling from dash). I was informed by the sales person I had originally dealt with that I should ring the service department to book in an appointment. They seemed unduly concerned and I was unable to get an appointment before October.

I called back in early September to say that I was increasingly concerned due to fluid discharge and wasn't sure if the car was safe to use. I was told to contact Porsche Assist recovery, who visited and said that there was corrosion to the "cross pipe" which was causing coolant to leak, which was common and would have taken some time to get this bad. I dropped the car into Porsche Guildford on 23rd September having agreed I could bring before my appointment as a "recovery".

Once inspected, I was informed by technician video and accompanying text that the coolant pump needed replacing as well as associated valve and pipe; that the oil pipes to one of the turbos needs replacing, alongside the offending turbo (all under warranty). The technician verbally describes this as a "common issue" on the video.

Bearing in mind that one technician refers to a common issue and their Porsche Assist person suggested the corrosion element will have taken months and months to cause such a leak, it feels that these underlying faults must have been "bubbling under" for some time before my purchase of the car, no matter what they might say about their "111 point check". It is not like a punctured tyre, which can happen at any time. For a theoretically well-prepped, low mileage car from a renowned manufacturer to develop two dramatic faults within a couple of thousand miles of use.

Their view is that it's outside of 30 days (I cited 2015 Consumer Rights Act) and that the issues would not have been there at point of purchase. They have now had the car much longer as I did before the faults developed!

Within Consumer Rights Act, I believe they have 8 weeks to repair the car after the 30 day period (within six months I think) but have failed. My view is that they should refund me in full for the vehicle. Their view is that as they haven't actually repaired the car yet, it cannot be said they have failed, though such a position theoretically would mean they never have to repair it and would not be liable!

I find the situation disappointing and frustrating. The bottom line is that they are unable to repair it - whether due to supply chain issues or anything else. They have had long enough but have failed. I think the only sensible thing is for them to refund me in full so that we can draw a line under this and I can go and buy another car but they are treading water and I will apparently get another update in mid-Jan. I have spoken to some other dealers who have all confirmed that one of the parts is indeed unavailable.

At this point, I don't appear to have any options and don't really want to have to instruct lawyers to pick it up for obvious cost reasons.

Any advice would be welcome.

 

[Greenman986S]

Any fault occurring within 6 months of sale by a trader is deemed to have been present at point of sale

Most dealers are either ignorant or BS their way out of this

Car Warranties: What is a statutory warranty on a used car?

What is statutory warranty on a used car? Car.co.uk aims to look at some of the most common questions raised by consumers in the UK.

www.car.co.uk

 

[albatross81]

Thank you. That’s actually very helpful. They haven’t proved anything and only loosely alluded to them having done their normal checks. I will go back to them and try to exert some more pressure. I may have to get the lawyers involved in the end.

 

[Peter_Bull]

........ and in the meantime your low mileage pride and joy will be languishing outside in the rain and snow!

Another month before they give an update! Seriously FFS!!

Money back time.

 

[Timrice]

I suggest requesting a meeting with the Dealer Principal, and at that meeting make it clear that you know what your legal rights are. DPs normally have common sense and will look to find an acceptable solution. Good luck.

 

[Scrounger]

I agree with Tim.

Email the DP and arrange a meeting with him. Have all your facts together and work it out. Dealerships loose bonus money if they get poor reviews so it’s in their best interest to get it sorted.

You may be surprised.

Dan.

 

[AnSGTS]

I had a very similar issue myself. My issue was corrosion discovered 3 months after purchased, from a very highly regarded OPC. They refused to honour fixing it, saying it was a 5 year old car. I highlighted how had it been missed as the car had only recently had the 111 point inspection.

As mentioned, you have 6 months from purchase under the Sale of Goods Act 1979 where the burden is on the seller to prove the faults were not there at the point of sale.

I had to write a lengthy letter, it took me 4 hours to write it. In it I put a time line of events, when I called what was discussed, when I emailed and what the email said. This becomes evidence the the burden further falls on them. I may have lost sleep and time writing my lengthy letter with history of going back and forth, but they folded thankfully at the threat of instructing a solicitor to act on my behalf.