Crusader Brakes drove us to despair
BRAKING troubles with a new Volkswagen Tiguan forced a family to take it back repeatedly to the dealer from whom they had bought it. But a couple of weeks ago mum Emma Parker and dad Mat could take no more of the inexplicable emergency stalling they say they had experienced with the vehicle and the constant dread of when it might strike next.
“In the year we have had our car it has spent eight weeks in the Volkswagen dealership in Ipswich for testing and replacements,” says Emma. “Yet we keep being told there is no fault.”
But where did they stand if they rejected the car, what rights did they have, or were risking, with such a move, they asked Crusader.
The couple, who have two young children, paid for their sports utility Tiguan SEL with a £6,000 deposit and a hire-purchase finance deal involving repayments of £241.85 a month. “We reported the first fault after six weeks and just 1,500 miles,” recalls Emma.
“The automated emergency braking Front Assist system activated the audible alarm and the urgent braking warning on more than 10 occasions for no apparent reason on right-hand bends.
“We recorded several on the dash cam. It has happened on main and side roads, sometimes but not always the same location, once forcing us to swerve. It does not seem to be a one-off and we have lost confidence in the car.”
The Parkers rightly continued to service their agreement and the last time the car was being tested they were given a courtesy one. After making VW aware of the problem, they were offered £4,500 to return their purchase and end the deal.
“But as we have paid almost £9,000 so far, we would be £4,000 out of pocket,” adds Mat. “We have used the car but this was not what we wanted when we signed. Ownership has been fraught and spasmodic.”
In a statement Volkswagen said: “The car has been thoroughly examined by qualified Volkswagen technicians and no fault found. Any automatic braking interventions generated by the Front Assist system can always be overruled by the driver of the vehicle.
“The owner’s manual how the Front Assist system can be adjusted to give ‘early’, ‘medium’ or ‘late’ warnings and how the system can be switched off for a journey, if required.”
To help the Parkers decide their next move and the possibility of complaining to the Financial Ombudsman (FOS) under breach of contract terms of the credit deal, Crusader sought guidance on their rights.
“If they reject their car they must return the courtesy vehicle,” says solicitor Joanne Lezemore of advice site consumer-genie.co.uk.
“When you buy a car, pursuant to the Consumer Rights Act (CRA) explains 2015, it must be fit for purpose. If it is not, depending on when the fault occurs, you will have a remedy against the retailer and/or the finance company. With hire purchase the goods belong to the finance company until the agreement terms are complied with.
“A repair must make it of satisfactory quality and be completed within a reasonable amount of time. If not a consumer can ask for a price reduction or opt for rejection.”
The Parkers have decided on the latter course and are now taking their complaint to the FOS (financialombudsman.org.uk), which can look at satisfactory quality issues.
If a customer returns a hire car and continues to drive the car in contention, this will not undermine any complaint. Lezemore advises the Parkers to get details and reasons for any settlement offered.