Collected my new 2.0tdi Ambiente today, and have to say Goes like a "train off a cliff "(47mpg as well )and just needs some sexy alloys to sharpen up the looks and grip . unfortunately when I got home we realised the Bonnet has been Resprayed , presumably damaged in its 15 mile journey from Czechoslovakia to Derby via Wales, so I will probably get a good friend and professional spray man to look at it to asses weather it could be improved , I know it's not uncommon but have to ask "WHY ME!!!!!!" it wouldn't be so bad if it were just a bumper or sill. RATS!!!

If the car has been damaged in transit, the dealer should have disclosed this to you when you collected it.

If this is the case, you have the right to reject the car, although this would mean waiting for another one to be ordered. Waiting times vary depending on what options or paintwork you have specified. It may be worth enquiring if there are any similar models to yours in the pipeline.

Stick to your guns and good luck!

Did you buy it from Clock in Derby? If so have a read of the dealer reviews page on this site before you persue a claim.

Link

Sorry to hear about this Farmer, you must be very angry about it. A similar thing has happened to me (see http://www.briskoda.net/forums/t21006-and-so-friday-came-and-went.html) but luckily the dealer told me the car had been damaged in transit. Unfortunately this has meant a wait until April for another one. Best of luck. What has happened to you does mean you are entitled to reject the vehicle as pittVRS mentioned. At the very least the dealer should compensate you.

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The dealer was Motorpoint , and they have not denied there is a problem Just means I have to treck back to Derby , I rang the suplying dealer in Wales who claim the car was ok on arrival and departure but say that as the car is technicly second hand they can't be held responsible (which I wasn't , just asking for info) The car was however advertised as "NEW with delivery miles (15) " which means at the very least I should get a properly painted new bonnet .

my friend in the trade eventualy spotted the remains of a dent in the middle of the bonnet :(

Skoda UK are looking into the logistical history of the car from factory to dealer to see if I have any claim under the paintwork warranty .

I'll keep you posted

Farmer, it seems to me that Motorpoint should be held responsible for this as they sold you the car. It is for them to chase the supplying dealer and/or Skoda not you. They advertised the car as new and as such it must conform to the description. Repaired goods cannot be advertised as new. It is not a case of "caveat emptor" as far as I know. I suggest that you have a chat with both your local and Derby trading standards offices to get some advice on how to proceed.

Farmer, it seems to me that Motorpoint should be held responsible for this as they sold you the car. It is for them to chase the supplying dealer and/or Skoda not you. They advertised the car as new and as such it must conform to the description. Repaired goods cannot be advertised as new. It is not a case of "caveat emptor" as far as I know. I suggest that you have a chat with both your local and Derby trading standards offices to get some advice on how to proceed.

Yes I agree but like I say they are not denying it (yet) but of course they need to see the car to asses the damage (assuming they didn't do it )they shift around 100 cars a day aparently and as mine was new it hardly needed a lot of prep work, (or so you would think) I won't be jumping down thier throats with legal threats untill I give them the chance to do the decent thing and do the job properly , We found another slight crease next to a rear doorhandle today , when I wash it for the first time tommorrow , I will have a better idea what is going on !!!! :magnify:

I once sat in on a court case in Liverpool between an owner and Ford, I am not sure with Skodas but Ford do not sell "new" cars they sell "a car to manufactures specification" and so the guy lost the case. He had found a large chunk of filler in his.

John

I once sat in on a court case in Liverpool between an owner and Ford' date=' I am not sure with Skodas but Ford do not sell "new" cars they sell "a car to manufactures specification" and so the guy lost the case. He had found a large chunk of filler in his.

John[/quote']

Filler is manufacturers spec ....the worlds gone mad :eek:

I once sat in on a court case in Liverpool between an owner and Ford' date=' I am not sure with Skodas but Ford do not sell "new" cars they sell "a car to manufactures specification" and so the guy lost the case. He had found a large chunk of filler in his.

John[/quote']

When was this ?

On my order form & T&Cs it clear says "new car". As there is no other definition in the contract if this happened then I recon I'd have a very good claim under both misrepresentation (not new) and the car not being of satisfactory quality.

Unless there was something in the T&Cs then I'd have though new should take the normal definition of the word.

The satisfactory quality standard in the sales of goods act is fairly newish and as I understand it protects against minor faults in new goods.

I can see a dealer squirming out of "fit for purpose" as the car was to spec but the car certainly doesnt appear to have been of "satisfactory quality".

Any lawyer types or other Which reader out their want to comment ?

claim under both misrepresentation (not new) and the car not being of satisfactory quality.

forgot to mention that

A misrepresentation claim sets the entire contract aside (including any limits on liability / exclusions) if you win and lets you claim for consequential loss as well as replacement.

In business to business work with high value complex tenders it tends to be the nuclear option with actually quite a low threshold of proof. With these type of tenders there is always something for lawyers to pick on. As the consequential losses can be really massive these are often always settled out of court. And no i'm not naming names....

In short I think winning on breech of contract compensates you as if the contract had been performed correctly - winning on misrepresentation compensates you as if the contract had never been let (i.e all your costs and losses)

Not sure of how well it works in the car arena though.

Hi thought I'd update you

Went to Motorpoint last friday , saw the aftersales guy , he was defensive at first , then he eventualy saw that I was right that the bonnet is re-sprayed , all I realy hoped to achieve was the recognition that the bonnet had been done so that if all the paint falls off 2 years down the line I can stand a chance of them standing by it , At the end of the day I saved a shed load of money , but have what is technicly a second hand car even if it was advertised as new . I'm sure there is some small print somewhere to clear them . he was happy in the end to top up my fuel tank as a goodwill gesture , and promissed to stand by it if anything goes wrong (within reasonable time ) Don't get the impression the paint finish is bad ,far from it , just slightly grey/cloudy in bright sunlight . Talking to guys in the trade a big percentage get some damage before getting to the customer , just frustrating that it has to be the bonnet!

Just found some A3 alloys to fit it , so I'll post some pickys when I'm up and running .