# Regulatory Compliance Category > Consumer Protection Act Forum > [Question] What can I do? Advice Required

## Girchman

I recently purchased a 2010 low mileage Volkswagen Scirocco. The car is pristine and well looked after by the previous owner. 

After researching this vehicle I have read that these models (2.0 TSI) have a timing chain failure issue that could happen at any mileage.  :Applaud: 

Apparently the cause of the failure is an inferior timing chain tensioner of earlier models 2010 - 2013/09. VW never did a recall on this obvious manufacturing defect and covered only damages (due to it) under the warranty period. My vehicle is out of warranty and the reason this may not have happened is because of previous owner hardly driving the vehicle since the car is on 60 000km's.

I have subsequently received quotes for repairing the manufacturer defect from VW of R12 500.00. The vehicle has a Full Service History at the agents, last service performed in August this year 2016. 

My questions are:

1. VWSA not done preventative maintenance on a known issue of said vehicle (TSB Bulletin) or at the least informed the previous owner to perform this repairs while under warranty. Am I within my rights to demand they discount this preventative maintenance to be done?
2. Can the private dealership I bought the vehicle from also be requested to cover the costs since they had sold me the vehicle not having done a check to see if this part was replaced under warranty?
4. Can I return the vehicle back to the dealership (I only have it since the 17th November and have put 400km's on it) due to this defective part that could cause severe engine damage should it break?

I would just like some advise...the vehicle is running fine no issues.

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## Justloadit

I think this falls under "Latent Defect"

"Hidden defect in material and/or workmanship of an item which may cause failure or malfunction, but is not discover able through general inspection. Also called hidden defect."

The fact that the dealership did not investigate IMHO, have breached the NCA, for not advising you that this defect was discovered on this model, by selling you a vehicle with a defect, since they would have been well aware of the fact.

I think this requires a visit to the MD to do the repair at no charge, seeing that the particular model has been known to have this defect and covered damages relating to this defect.

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## Girchman

Thank you Justloadit

I have sent an email to the General Manager of the Private dealership where the vehicle was bought and advised them to cover the payment concerned. I await their response in this regard.

I still however feel that Volkswagen should have done a recall on all these vehicles in South Africa, apparently it was done in China and certain parts of Europe. In the states VW extended the warranty to a 100 000 km's (irrespective of year of the model)  :Headbutt: 

Let's see what happens.

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## Girchman

Okay

The Dealer Principle send on her concern to VWSA and they came back saying no bulletin is out for timing chain tensioner fault. Spoke to my Bank as well they want me to write out a long email documenting the issue. I do not have energy for this.

Pay for the preventative maintenance out of my own pocket.

Regards

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