I would appreciate your thoughts/experiences in relation to the following ongoing problem!
Purchased a new Skoda Fabia in September 09. Nov 09, major fault occured. Engine died at 70mph on motorway. No power, no indicators, no hazards and yes I was in the outside lane! Could have been fatal!
Mechanics at dealership said it was because car was wrongly assembled and sent report off to factory. Immediately I rejected the car and wrote to HP comp (Skoda Finance) and dealership to this effect. Received no response from HP comp and then about 3 weeks later Dealership took our courtesy car away as they repaired the car and said it was fine.
I took legal advice from the Which and was advised that I was within my rights to reject the car under the Sale of Goods act and that my rights to do this extended as my contract was with the Finance company and they owned the vehicle. plus the onus was on them to prove it was not faulty at purchase. So I stuck to my guns.
Sent through follow up letters and phone calls trying to get another courtesy car provided (they took it away on the 23rd Dec!! Is that pressure or what?!) to no avail.
Contacted Financial Ombudsman who wrote them a letter saying they had to respond to us. Received a call from a senior person the same day! He wanted to negotiate and was very sympathetic to our position...
I said, its full refund, or, you can give me a Skoda Fabia to the value of the money I have paid you (approx £5k) and we'll call it quits (more formal language was used!). Those are the only options I am willing to pursue as I don't want another finance agreement with these people and I don't want this model of Fabia as they can't guarantee its safety. I will take my money and go and buy a used car with it so if they want to keep my cash in the group, I am happy to in effect buy a used Fabia from them. I also want some compensation for the very dangerous experience in the new car, and the lack of response from Skoda Finance, leading to no courtesy car and considerable inconvenience and expense incurred by me from 23rd Dec 08.
They then referred things to the dealership to negotiate and I now have a courtesy car again (post festive season!) and they have suggested an 07 plate replacement car. I suspected they wanted me to continue with Finance and clarified I don't want a Finance deal anymore. The senior person started hinting they would take me to court (over what? I am still paying them under protest despite having no car!!) and then back tracked. I repeated my terms and have left it there.
Frustrated, stressed and concerned.
Has anyone ever successfully rejected a car?!!! The Which legal services have been very confident that our position is crystal clear and we are in the right. However, I would prefer to pursue settlement via the Ombudsman rather than court.
Your opinions will be appreciated!