Volkswagen Germany Denied My Goodwill Request

[Righteouness]

Hello all,

Just under a month ago I purchased my first Golf R after years of waiting. It’s a 2018 Volkswagen Golf R MK7.5 Wolfsburg estate (Australian only model) via private sale. Full service history with 52,410KMs, no tuning to engine or transmission and clean inside/out. I noticed a recall (34K1) outstanding from its first release in 2022 so I took it in. It triggered a warning and I decided to request a goodwill.

Details of recall:

Volkswagen is providing updated transmission control module (TCM) software to enhance an
in-vehicle alert should a problem arise within the auxiliary hydraulic pump. Additionally, if a
specific fault is found after the software is updated, a repair will be made to the transmission. - https://static.nhtsa.gov/odi/tsbs/2023/MC-10241185-0001.pdf

Basically, there’s a loose bolt and if fully loosened it can damage the DSG rapidly. This is a major problem and is unsafe.

I was told to park it at home and not drive it until I receive an outcome to prevent any potential damage to the transmission. 10 days later it was denied due to ‘age’. I decided to appeal it with a phone call to Volkswagen customer service and later emailed a detailed response. I explained as much as I could to have my decision reconsidered. I had a friend with the exact same issue have his goodwill accepted late last year with more kilometres and it’s a year older (2017MF). I’m confused and worried about the decision being denied on Monday. It feels like a lucky dip at this point. America offers a free replacement of this part or a new DSG if it’s beyond repair. Shouldn’t this issue reflect mine?

Any insight would be greatly appreciated.

 

[RGH0]

I would talk to the ACCC as it is unreasonable not to honour a 2022 recall notice

 

[Righteouness]

I would talk to the ACCC as it is unreasonable not to honour a 2022 recall notice

ACCC would be very little help. The unideal overview is found in their reviews. I’ll give it a try but it’ll most likely be suggested to take legal action. There’s no way that’ll be in my favour against Volkswagen

 

[Sebastian]

If it had a full (all VW?) service history, then why wasn't this recall done prior to the purchase? I'd assume the dealer in question who serviced it should have notified the owner in question. Common/standardized German vehicle related contracts for a B2C/C2C sales also include a section where the seller confirms that no outstanding recalls etc. - so that would be another point of approach.

 

[Righteouness]

If it had a full (all VW?) service history, then why wasn't this recall done prior to the purchase? I'd assume the dealer in question who serviced it should have notified the owner in question. Common/standardized German vehicle related contracts for a B2C/C2C sales also include a section where the seller confirms that no outstanding recalls etc. - so that would be another point of approach.

Thanks for the detailed response. It has full service history with majority done by Volkswagen. Recalls in Australia aren’t advertised very well. I doubt owners are properly contacted other than email which might go to junk, unless it’s phone with a serious recall broadcasted. In Australia, the seller did not need to disclose any recalls. It’s something that is done prior to purchasing from the buyer, unless I’m wrong? I just haven’t heard of that before in Australia.

 

[Uwe]

In Australia, the seller did not need to disclose any recalls.

There are three kinds of sellers one might buy a used car from:

- Franchised VW Dealers
- Independent used car dealers.
- Private owners

From which type of seller did you buy this car?

-Uwe-

 

[Sebastian]

It's not so much about disclosing recalls but about confirming that there are no outstanding ones, which would apply in your case.

I take it you checked this site? https://www.volkswagen.com.au/app/locals/owners-service/service-campaigns-recalls

You may want to look at the dates and compare when the recall was issued and when the last VW service appointment was done. Somebody certainly dropped the ball here. Yes, not all campaigns are actually recalls, many are just service action when the car comes in next time but at the same time, if it was at VW after the campaign/recall was issues, and it wasn't done, somebody likely skipped the notification or explicitly delayed it (i.e. customers needs car back immediately).

@Uwe private sale, see post #1.

 

[Dr Sheldon]

Golf R MK7.5 Wolfsburg estate (Australian only model) via private sale.

Not sure on your turf but here in the UK there is no recourse on the seller.

What you could bully out of VW is another matter !!

 

[Sebastian]

Well, simplified - here if the seller did neglected to clarify or falsely stated properties/conditions, that is your reason for recourse.

 

[EuroX]

Maybe I am wrong but here in USA if it's a RECALL it gets performed regardless of the vehicles condition, hell the car could be a total loss and still qualify for the recall. Most recalls are because of a known issue or safety risk. In this case the verbage is vague im sure to cover their ass. However if this issue occurs and can cause sudden loss of power and driveability, when operating the vehicle and a accident may occur because of this issue then it's great grounds for a lawsuit. The one question I would ask the OP is what warning was triggered? Nothing like this happens unless the vehicle has been chipped and shows a TD1 status then they may deny based on the fact that the engine and or transmission software was modified beyond the factory parameters. So what warning was triggered?

This recall is literally just a software flash to check if the aux hydraulic pump within the trans is failing or not.

 

[Righteouness]

Maybe I am wrong but here in USA if it's a RECALL it gets performed regardless of the vehicles condition, hell the car could be a total loss and still qualify for the recall. Most recalls are because of a known issue or safety risk. In this case the verbage is vague im sure to cover their ass. However if this issue occurs and can cause sudden loss of power and driveability, when operating the vehicle and a accident may occur because of this issue then it's great grounds for a lawsuit. The one question I would ask the OP is what warning was triggered? Nothing like this happens unless the vehicle has been chipped and shows a TD1 status then they may deny based on the fact that the engine and or transmission software was modified beyond the factory parameters. So what warning was triggered?

This recall is literally just a software flash to check if the aux hydraulic pump within the trans is failing or not.

The only flashes on the transmission is one from factory and the other from the software update. The engine contains 1 flash only which is from factory. My car has triggered the warning so I assume it does require a replacement.

 

[jyoung8607]

There's a lot to unpack here.

First off, I'm sorry your Golf R is having troubles. I own and daily-drive a 2018 Golf R and this post freaked me out, it was the first I'm hearing of the issue. I went and checked that campaign myself, and it doesn't apply to my VIN, so thankfully I'm good. Still good to verify though.

I am not clear why "Volkswagen Germany" is involved in your post. You should be dealing with the importer, in this case Volkswagen Group Australia, should you not? Here in the USA, for any issues that rise above the dealer or involve warranty disputes, we'd be dealing with Volkswagen of America (VWoA) exclusively, and that's as far as it goes.

Second, the campaign you linked to is specifically a North America campaign (USA and Canada) only, and it's for MY2018 only, and a small subset of MY2018s at that. It only applies to a certain set of VINs. Presumably VW know what got screwed up on the production line and are able to focus their attention on just that range.

Third, your friend absolutely did not have the same issue. MY2017 was the last of the Mk7s with the 6-speed DSG. MY2018 was the first of the Mk7.5s with the entirely new 7-speed DSG. He might have had a transmission issue, he might have gotten a goodwill fix, but he absolutely did not have the same issue that's described in this service action.

The North American notice sets the dealer actions and warranty responses for North America. Your importer (presumably Volkswagen Group Australia) will have their own set of affected VINs. They will have their own version of the flash update, since the TCM software also implements shift points specific to the emissions/fuel economy standards your country is subject to. They will have their own warranty times and claiming procedures, and their own warranty extension (or lack thereof).

Do you have the Australia specific notice? If so, can you share it? The TCM update and the warranty terms in THAT notice are the ones that apply.

Are you SURE this service action applied to your VIN? Do you have Auto-Scans from before and after your dealer did the update, showing the software change?

Are you SURE you have the specific DTC that's specifically named in the service action? It applies only to a very, very specific DTC.

TL;DR: Let's see the Australian recall notice and an Auto-Scan.

 

[EuroX]

The only flashes on the transmission is one from factory and the other from the software update. The engine contains 1 flash only which is from factory. My car has triggered the warning so I assume it does require a replacement.

So if it threw the code after the tcm update then its covered on their dime. Clearly says so in the recall notice:

This campaign expires on December 31, 2026. Repairs must be performed on or before this date to be eligible for payment. Keep this expiration date in mind when scheduling customers for this action. If a customer wishes to have this service performed after the expiration date, your dealerships normal parts and labor cost associated with this repair will apply.

If your authorized Volkswagen dealer fails or is unable to complete this work free of charge within a reasonable time, or if you should have any questions about this communication, please reach out to us using your preferred method of communication at www.vw.com/contact or by calling us at 800-893-5298.

If thats the notice you received if not then you need to post market specific notice.

 

[EuroX]

Post your vin so I can check.

 

[Righteouness]

This recall notice is from America and I’m located in Australia which doesn’t have a clear recall fix on this item but it’s case by case for goodwill acceptance. Mine SHOULD be accepted but it wasn’t. Rejected due to ‘age’ is vague.

My fault code:
35494 - Control Circuit Aux. Trans. Pump PC0C29 00

VIN: WVWZZZAUZJP530942

AUSTRALIAN RECALL INFO:

VIN	WVWZZZAUZJP530942
Service Campaign/Recall Number	34K1
Commencement Date	22/06/2022
Service Campaign/Recall Description	S-Gearbox control unit DQ381 update
Repair Date	26/08/2024
Status (Complete or Outstanding)	Complete

 

[Dr Sheldon]

I’m confused and worried about the decision being denied on Monday.

Are you solving problems that you yet dont have !! You are !!??

Either way ! You have bought a car out of warranty !! From a Private Seller !! Which of course would benefit you with a saving in Money already. A dealership will always attract a premium in cost to cater for their operating costs, Wages, Profits, and the After Care which you willingly opted out of but now are maybe regretting !!

There is a reason for everything - often strange at first glance !

"Volkswagen Germany Denied My Goodwill Request"​

Not really true that statement pending the outcome of your appeal ??? On Monday ??

 

[Dr Sheldon]

Well, simplified - here if the seller did neglected to clarify or falsely stated properties/conditions, that is your reason for recourse.

True and great in the Ideal world - A trade Seller would be guilty regardless as he has a duty of due diligence and should know better !

Proving that for a Private seller would be a challenge ?


I sell many cars a year - it follows that I buy many cars a year !!

I buy stuff that is deemed unfixable - Then make it the car it should be ..

Most I sell to the trade, I too am trade, so B2b there is no recourse and the lack of a large profit for me reflects that ! Reputation counts so i dont struggle to sell.

I legally dont have the option to be a private seller even if it is my own personal car !

The odd one, if it is a Peach, I may retail - There the profit is 3 fold as are my ongoing risks if it fails !! I just buy it back.

The system is not unfair !! Until such time that you buy Private and Expect Dealer Level Recourse and Service.

In that case what are you if not a thief or fraudster ?? Demanding something you have consciously and willingly not paid for ??

 

[Righteouness]

True and great in the Ideal world - A trade Seller would be guilty regardless as he has a duty of due diligence and should know better !

Proving that for a Private seller would be a challenge ?

Not sure if you have read but there are multiple stories in my country and many have had their goodwill requests accepted. Mine was denied as the title states. Tomorrow I receive an appeal outcome. Please read carefully.

 

[Dr Sheldon]

Please read carefully.

Read my post too !!

I wrote it sincerely !! In Response to @Sebastian - Although with your case in mind !

I will read carefully !! I suggest you read mine 3 times !!

You cant eat from a street vendor of Hot dogs and blame his Butcher for your food poisoning !! Could it be the Ketchup that was wrong - Who knows - VARIABLES !!

 

[Righteouness]

Read my post too !!

I wrote it sincerely !! In Response to @Sebastian - Although with your case in mind !

I will read carefully !! I suggest you read mine 3 times !!

You cant eat from a street vendor of Hot dogs and blame his Butcher for your food poisoning !! Could it be the Ketchup that was wrong - Who knows - VARIABLES !!

Could it be that the chef failed to wash his hands after taking a dump and not adhering to safety regulations? Come on man, this is a clear manufacturer fault that engineers forgot to use loctite on bolts