Letter to Audi from lawyer

File No: 09-xxxx

May 21, 2009 via mail


Audi Canada
Corporate Headquarters
777 Bayly Street West
Ajax, Ontario, Canada
L1S 7G7


Attention: Mediation/Arbitration Unit

Dear Sir:

RE: Ryan Fernandez’s Audi Repairs and Warranty

Please be advised that we have been retained by Ryan Fernandez in regard to this matter. Mr. Fernandez is the owner of a 2005 Audi S4 - Serial No: WAUPL68E55XXXXX, Description 05, S4, S4, 6SPD. This motor vehicle has been repaired and serviced at XXXX XXXXX, XX Rxxxxrd Way SW, Calgary, Alberta on sixteen (16) occasions between September 22, 2006 and February 11, 2009. Unfortunately, the car still continues to experience problems in relation to the oil consumption and related issues.

On September 22, 2006 our client first brought his car to XXXXX Audi, with 49,759 km on it and had the engine oil replaced by synthetic oil and had the filter changed. The car was returned to the dealership on December 11, 2006, at 51,994 km, because another oil and filter change was needed. Our client had to take his car into the dealership six times throughout 2007, due to oil consumption problems. In 2008, our client again had to take the vehicle into the dealership 6 times because of the high level of oil consumption of the car. In 2009 Mr. Fernandez has already had to bring his car in twice because of continued problems in relation to the oil consumption of the car.

On July 28, 2008 Mr. Fernandez brought his car into the dealership at 79,097 km in order to have the oil weighed as per Audi procedure to determine consumption and he was told that according to Audi’s policy he was to return to the dealership in 1000 km in order to have the oil drained and weighed again for comparison. He brought the car back on August 18, 2008 at 80,768 km in order


to have the oil consumption checked. The dealership drained and weighed the oil and found the car to be down 1.7 kgs of oil in 1700 km. At this time Mr. Fernandez was told that since his car is now over 80,000 km it is not covered by warranty. However, this problem did not arise at this time, the oil consumption problem was specifically brought to the attention of Gxxxxxe Audi on June 1, 2007 at 41,992 km and the owner has continued to try and deal with this problem while the vehicle was well within the range of warranty coverage.

In addition, the car has extended warranty coverage but Audi Canada has failed to allow our client to switch the warranty to the appropriate owner because Audi said they made changes to their policy on August 1, 2006 and the car was registered on August 31, 2006. Mr. Fernandez was proactive in this matter and tried to minimize the loss by having his vehicle covered under warranty, if not for Audi Canada’s refusal to cooperate the vehicle in question would still be covered by warranty.

It is our understanding that Gxxxxxe Audi has volunteered to re-ring the car at no expense to the owner; this repair would include both parts and labor. While we appreciate this offer in order to accept it we require the following:

Written authorization by Audi Canada that the owner will not be charged for any of the repairs that Gxxxxxe Audi offered to complete;
A written assurance by Audi Canada that if these repairs do not permanently solve the problem then Gxxxxxe Audi will continue to repair the car at no cost to the owner; and
That Audi Canada transfer the extended warranty, until 2011 or 160,000 km, documents to our client’s name;

ALTERNATIVE our client is prepared to accept another Audi of similar make, model and year, with the extended warranty coverage in exchange for his Audi.

We require the above in order to guarantee that this issue will continue to be attended to in a timely and efficient manner. If you have any questions in regards to the contents of this letter please advise our office.

We look forward to a speedy resolution to this issue.

Yours truly,

XXXXXXXXXX
Barrister & Solicitor

RRM/clm
cc: XXXXXXXXXX