Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
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Not sure which is the right thread, I've also posted this in the vehicle retailers thread...
Hi,
I have recently (November 21st) purchased a 7 year old Skoda Fabia. I had problems with the car from the outset, with an engine warning light coming on whilst driving home from the dealers I bought it from (about a 60 mile journey). This light went away (although I reported it to the garage) and my local Skoda dealer assured me there was nothing to worry about.
A few days later, when I'd owned the car for less than 2 weeks, the remote central locking stopped working. I took the car to my local dealer (with permission from the company I bought it from) to have the keys re-coded. I was informed here that the Convenience Control Unit was on its way out, and may need replacing. The car couldn't be re-coded at this point, and after a software update at the dealers they managed to re-code them a week later. However, only a couple of hours later, the whole locking system on the car decided it would no longer work!
I took this back to the dealer that sold the car, at their request, to have it repaired under warranty. After the dealer had the car for 4 WEEKS, they told me the repairs may be over the £300 warranty limit, and that I would be liable for this. They had to give the car to their local Skoda garage, who in turn had trouble finding the problem...running up labour costs while they tried.
The dealer that sold the car, had also replaced 2 door locks before I picked up the car, and then all 4 needed replacing when I took it back. This leads me to believe that there was an inherent fault with the car when I picked it up. They refuse to acknowledge any faults when I picked it up because my problem didn't develop until a couple weeks later! They have said that the Convenience Control Unit may be to blame for the 4 locks failing, caused by an electrical spike, bet also refuse to accept this is their problem.
To cut a longer story short, they have now asked me for £538 to cover the repairs, a figure which I never authorised them to run up, and I was certainly never informed of until it was due. They have left me with no car, and what I believe is an unreasonable bill. I have requested a full refund under the Sale Of Goods Act, as I believe the fault was there when the car was sold, but was met with a blunt refusal. I have submitted my request in writing (after consulting Consumer Direct), and am wating for a response.
Does anybody have any advice on what my next step should be? Is there any way I can get the car back without paying the extortionate fee while I wait for a resolution? Have they done anything wrong with not informing me of what the costs were likely to be before carrying out the repairs? Their warranty document says I will be liable for the excess on any repairs, but I think morally at least they should have cleared this with me.
Any advice will be gratefully received. If you need any more info I may have left out please ask, I've tried to be as brief as possible!!
This so called warranty (which I assume you purchased) is an extra and a con. The sole purpose of it is to take the financial worry away from a selling dealer and to fool the customer that this is their sole recourse, unfortunately, the warranty does not superscede or replace the sale of goods act, but is something extra that you have purchased.
I take it that as you are were told you would have to pay anything over £300 that the total bill is £838. That tells me the car was not of merchantable quality.
If you didn't do so, list all the faults with the car (what engine light came on by the way), and the dates that they happened and the dates that the car was in for repair or diagnosis.
Then quote the sale of goods act and say that under these regulations you are rejecting the car as is your right.
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_________________________ ________________ _________________________ ___________________
The warranty wasn't purchased, they provided it free of charge (which sounded good at the time). It appears they are now sitting behind this warranty to remove any other liability they may have. The total bill wasn't £838, but they quoted me somewhere closer to £1500, but in an attempt to make themselves look like they were helping me they have 'removed' some items from the final bill. These include their labour before they passed the car to the Skoda dealer, and 2 locks which they changed a little over a month ago which needed replacing again...(proof of inherent fault in my opinion?) which they think they'll get refunded under warranty. They also removed the VAT costs, as hey said they could claim it back. After their 'helpful' (sarcastic, me?) deductions it came down to £838, of which I am apparently liable for £538.
They have now settled the bill with the Skoda dealer, and have my car in their possession until I settle the bill. I was willing to take the car back, as long as they foot the bill for the repairs, but they are rude, arrogant and have a disgraceful attitude, so its impossible to have a conversation with them to let them know. I will now have to wait and see if they reply to my letter, and maybe see them in court! I just wanted to know whether I have done anything wrong, and it appears as though my case should be strong under the SOGA?
Under the sale of goods act your case is very strong as the car has to be of merchantable quality which it very clearly is not.
If they do not respond to your letter, send them a letter before action basically saying that unless they return to you the full price you paid for the car you will be issueing proceedings through the county court to recover.
on day 15 (from them signing for the recorded delivery letter ISSUE)
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thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
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[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
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Does it say anywhere on this 'warranty' that "your statutory right are not affected" ?
If it doesn't then it is an attempt to limit your statutory rights and that is not allowed, and it is not worth the paper it is printed on.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
Used Car Advice
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