Dealer Negligence negated my insurance for 12 months.... What action to take

[Timothy Nathan]

the word you're missing here is "causation". What loss has the Audi dealer's breach of contract caused you ?

Is it not a text book case of Promissory Estoppel?​ Although a loss might have been incurred, it wasn't.

[Wuffles]

Presumably you paid cash for the car if you are intending on quoting the Sales of Goods Act...for most HP or even settled HP purchases it's the Supply of Goods (Implied Terms) Act that affects you I believe.

I only ask in case you intend to start screaming at the dealership and aren't armed fully with the facts. Also, if it was purchased through Audi Finance (even if you paid it off within the 14 day cooling off period like we did) your beef is still with the finance company as that's who you effectively bought the car from, not the dealership.

In the case of complaining to Audi Finance (VWFS), I wish you luck in finding a reasonable person to deal with. Our complaint originally about the car and various dealerships (including poor service from VWFS) is now being dealt with by the Financial Ombudsman Service as VWFS & Audi have let us down spectacularly.

[Doctle Odd]

I assume you're fully comp? In that case I think the insurer would be obliged to pay out to replace the car if it was stolen and sue the dealer as it was his fault the tracker wasn't activated. I could be wrong but it seems straightforward to me. I doubt you have much grounds to sue the dealer, I would have thought your insurance premium was lower because of the tracker so you're not out of pocket and if we could sue for "what if" we'd all be millionaires.

[gupsterg]

My take on the whole thing is I would feel upset if this had happened to me... I would feel like Blackmore Spur...

I couldn't see him saying he wish to sue... I thought in 1st post he ask for advice how to proceed with dealer...

In post 5 I felt he is merely stating that he is entitled to goods he's paid for...

Yes luck has meant he did not need to claim on Ins... yes he had lower premium but he did not lie to insurer but dealer is at fault for not fulfilling the service/product purchased...

IMO it is irrelevant that sales guy has left, the dealer sold the car, he paid dealer, they should bend over backwards for him IMO...

He would have been the one picking up the pieces/chasing people if something had happened and he needed to claim on Ins. and if complications had arisen due to tracker not being activated...

I would want Cobra subscription done, apology from dealer and goodwill shown in the form of say free servicing, better service, etc... to improve my perception of them...

Stick with it and get your moneys worth from dealer!

[Doctle Odd]

What other action is open to him apart from suing? Goodwill? these guys charge a tenner for a 99p bottle of screenwash! The won't take his calls etc hard to discuss anything with a receptionist. I was trying to put some of the arguments they would use. I doubt Audi would do more than refer him back to the dealer. When I get bad service and I cannot resolve the matter I take my money elsewhere.

[Blackmore Spur]

Thanks for all your posts. I fully accept the comments re legal position and that as nothing DID go wrong I have no reasonable chance of..... Whatever I wanted when I put the phone down from Cobra.

As a young man I had the naive view that quality names and products added another certainty to life beyond death and taxes... The depressing reality now I can afford to access these brands is regardless of how much you spend you can still take nothing for granted.

"You pays your money you take your choice" The reality is you have the power when choosing and have the money in your hand.... Once spent you are in their hands. Next time round my money is unlikely to be entrusted to Audi

[MFGF]

Thanks for all your posts. I fully accept the comments re legal position and that as nothing DID go wrong I have no reasonable chance of..... Whatever I wanted when I put the phone down from Cobra.

As a young man I had the naive view that quality names and products added another certainty to life beyond death and taxes... The depressing reality now I can afford to access these brands is regardless of how much you spend you can still take nothing for granted.

"You pays your money you take your choice" The reality is you have the power when choosing and have the money in your hand.... Once spent you are in their hands. Next time round my money is unlikely to be entrusted to Audi

I would be quite annoyed in your position, too. I would be asking the dealership (the fact that the rep who sold you the car has left is irrelevant) to activate the tracker and to fund a further year's Cobra coverage. In my opinion that is the very least they are morally obliged to do. I would hope they would also offer you some sort of goodwill gesture on top of this - maybe an extra year's subscription or a free service? If I was in your position I would be explaining politely but firmly to the dealer how disappointed I was and how I expected better of them.

Good luck!!

MF.

[Doctle Odd]

The service (and a valet if you feel like pushing your luck) would be a good gesture, It depends on the dealer but IMO they think they are as prestige as the marque they sell and are above questioning or discussion.

[MFGF]

To be fair, my dealer is really good in that respect. If they screw things up, they try their best to make amends and make me happy again. That's how I got my boot liner

MF.

[gupsterg]

My car from an indi dealer, 6 year old Audi, 70K on clock, £10K.... my dealer experience...

Whilst doing a recall my local dealer said did you know rear washer not working... I said no... £140 to investigate, I said I'll pop back, quick google as mine an Avant plastered over the net about rear washer pipe work fault...
I ring up and moan & rant very heavily... they said sorry, thank you for telling us, please come back and we will help! ... I said thanks but no thanks! my bluetooth module is swimming in water! all thanks to your tech testing washer too much, if it is plastered over the net you guys must know about this? they said we can apologise and try better next time...

Next visit I inform service advisor I expect better... so no charge for courtesy car... parts & labour discounted... they also fix a slow puncture FOC which I kinda knew about...

Another visit get an even better courtesy car for free... again very competitive prices that even an indi could not beat for work done!

Twice side light bulbs changed FOC, on mine they need remove air filter housing or power steering reservoir to get access...

Another visit they adjusted the self levelling headlights FOC as another garage had botched work...

Missing out some other visits my last one they coded engine control module wrongly... again I was given top priority on the following day and they coded and returned car within a hour...

My car's history is pretty colourful when it comes to issues!

Now they know when I/my A6 turn up they better have their socks pulled up otherwise I will be back to get my £££ worth...

If I'd paid what a C7 A6 costs trust me the dealer would have got a lot of heat! especially if it meant that if a Ins.claim had arisen and could have been rejected due to lack of tracker activation!

I fully accept the comments re legal position and that as nothing DID go wrong I have no reasonable chance of.....

You must stress what position it could have put you in if things went wrong...