Does anybody have any experience with rejecting a car (or having it repaired), under statutory rights and the Sale of Goods Act?

 

I bought my Octavia from an independent (non Skoda) dealer 3 months ago.

 

it's a 57 (08) plate 1.8TSI Octavia Ambiente, had around 75000 miles on the clock, and cost me £3900 

 

Since buying it I have noticed noise from the bearings and a stiff gear change.  Visits to different garages and a Skoda dealer have confirmed these as symptoms of two of my wheel bearings and my clutch being on their way out.  I have also noticed a leak on my radiator and one of the remote keys didn't work.

 

If I were to get these things fixed at a Skoda garage, it would cost me over £1000.  Obviously this is not something anyone would expect to spend on a car of that age sold as in good running condition within a few months of buying it.

 

The car came with a warranty from a separate warranty company rather than from the dealer.  I hear these can be worth less than the paper they are written on, so I think I would rather go direct to the dealer via my statutory rights. 

 

I am certain that they will do their utmost to wriggle out of either fixing the car or refunding on rejection (they've been slippery sods so far..).  They'll probably claim these things are "wear and tear" and not covered..

 

 

 

Any thoughts on how I should pursue this??

Personally speaking, I would check out the warrant first, may not cover these problems if it's a really cheap one but you never know! Either way the longer you wait the less likely you will get a favourable outcome. 

First thing is you need to speak to the garage you bought it from. Your 3 months in which gives them more room to wriggle out of doing anything. Have you kept them in the loop regarding the problems you have had? Have you given them a chance to rectify the faults? Sales of goods act does give the garage the right to offer to fix the issues prior to you trying to reject it.

Did you pay cash or is it on finance?

I will re-read that but I seem to remember someone (maybe the dealer) saying that the warranty company wouldn't deal with things like noises showing something is on its way out, only with actual part failures.  And if you report a noise or symptom like that and it later fails, they'll wriggle out by claiming that you had a warning and didn't heed it! :wonder:

 

Not to mention that I'd have to get it to one of their approved garages, and by all accounts wait an age to get back the car I need to commute to work each day..

In a way I'd rather get shot of the car, get my money back and spend a little more on getting a lower mileage car from either a dealer I trust or a Skoda dealer with a good year's warranty..

Sales of goods act does give the garage the right to offer to fix the issues prior to you trying to reject it.

Did you pay cash or is it on finance?

 

I'll give them the chance to get it fixed, though I don't really trust them to do it themselves.. not sure if I can get it done elsewhere with them footing the bill..

 

 

I paid in full via debit card.

Unfortunately you have to give them the chance to rectify it. Whether they do it or they send it elsewhere its up to them. As you paid by debit card it's between you and the supplying garage. If you had paid with finance the car belongs to the finance house so it's up to them to deal with the garage as its their car essentially.

Let us know how it goes!

When was the last MOT?

Did it show any advisories?

You can look it up online.

<UPDATE> Well I called the dealers, and they were as deeply unhelpful as I expected.  

 

They claim they have no responsibility  because they paid a garage to check it before sale, and they said it was okay, and because I test drove it and at the time thought it was okay..

 

They claim it must have been fine at the time of purchase, and had the cheek to say that if those things are worn, "It must be because of the way you drive it!"!!  

Some useful reading for you.

http://www.which.co.uk/consumer-rights/problem/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights/

http://www.oft.gov.uk/OFTwork/consumer-protection/campaign11-12/kycr/buying-a-used-car/;jsessionid=E72CB304B9C107837E58007CB5334619#.UhYM8su9KK0

http://www.adviceguide.org.uk/england/consumer_e/consumer_cars_and_other_vehicles_e/cars_buying_a_car_e/cars_buying_a_secondhand_car_e/cars_what_to_watch_out_for_when_buying_a_second_hand_car_e/buying_a_car_from_a_dealer_what_you_need_to_know.htm

I'd have said that after 75000 miles of use, especially when you don't know how it's been driven, wheel bearings and the clutch *could* be reaching the end of their lives and both are what I'd consider to be service parts that you wouldn't expect to be covered under a warranty.

 

When buying a six year old car, you can't expect it to be faultless, and if you want to be certain of it's condition you need to pay for an independent inspection beforehand.

 

I'd have said that after 75000 miles of use, especially when you don't know how it's been driven, wheel bearings and the clutch *could* be reaching the end of their lives and both are what I'd consider to be service parts that you wouldn't expect to be covered under a warranty.

 

When buying a six year old car, you can't expect it to be faultless, and if you want to be certain of it's condition you need to pay for an independent inspection beforehand.

Agreed, that is why I change cars once they reach 70-80K miles.  There is potential for much more life, but I don't want to be bothered with having to get things fixed etc.

Edited 22 August, 201312 yr by CitigoAllen

I'd have said that after 75000 miles of use, especially when you don't know how it's been driven, wheel bearings and the clutch *could* be reaching the end of their lives and both are what I'd consider to be service parts that you wouldn't expect to be covered under a warranty.

 

When buying a six year old car, you can't expect it to be faultless, and if you want to be certain of it's condition you need to pay for an independent inspection beforehand.

Very true, however as I said, on a non-banger, sold as in good working condition, having to fork out over £1000 (okay, less as I would do some myself) is not just one of those things you expect, or readily accept.

<UPDATE>

Purely out of curiosity, I got my local Skoda dealer to quote me for the clutch, both bearings and radiator.

 

it came to over £1500...

Edited 22 August, 201312 yr by clamberer

Heart goes out to you mate, I think over the years we have all been there.

Just as a matter of interest how many miles have you done in the three months?

I'd be on the phone to the warranty company straight away to find out what's covered and the process for getting the work done.

I'd then get a letter off to the dealer, recorded delivery asking them to cover the shortfall twist the actual price and insurance contribution

Regards all

Juan

Sent from my iPhone using my thumbs

Have you checked the MOT yet?

Everything changes if there were advisories for any of the items before you bought it.

If the dealer got the MOT I wouldn't put too much weight on that.........plus if it was shown on the MOT why didn't the OP discuss it with the dealer........I would have thought that would say the OP accepted the faults as part of the sale

Regards all

Juan

Sent from my iPhone using my thumbs

Edited 22 August, 201312 yr by Its me

I didn't get the advisories sheet from the dealer, nor did they have to give me it.

I haven't checked for advisories online yet (does it actually show that or just dates and pass/fails?) - I'll do that when I get home as it requires either a certificate number or a V5C document number, neither of which are to hand.

 

If it can be checked online, I imagine they might argue that I should have checked at the time of buying.  Time will tell..

Agreed, that is why I change cars once they reach 70-80K miles.  There is potential for much more life, but I don't want to be bothered with having to get things fixed etc.

 

Yep. You pay for it either way - in depreciation on a new car or in repair bills.

Like you I prefer to have (hopefully) hassle free motoring so have changed the last two Octys when they got to around 80k which was when you start to run into moderately expensive repairs.

If the dealer got the MOT I wouldn't put too much weight on that.........plus if it was shown on the MOT why didn't the OP discuss it with the dealer........I would have thought that would say the OP accepted the faults as part of the sale Regards allJuanSent from my iPhone using my thumbs

It would show that the problem was there at the time of sale and therefore the dealer would be liable unless they informed the buyer of the uncorrected advisories.

Until the change in MOT, it was common for the advisory sheet to disappear.

Very true, however as I said, on a non-banger, sold as in good working condition, having to fork out over £1000 (okay, less as I would do some myself) is not just one of those things you expect, or readily accept.

 

You have my sympathy - I wouldn't want to be paying out an extra 25% in repair costs either - I just don't think you'll have much luck with the warranty.

The advisories have been on the same sheet as the MOT for a year now haven't they?

It must be an MOT that needs renewing pretty soon if not.

Also it is an advisory, nothing more nothing less.

The OP should have read it

Regards all

Juan

Sent from my iPhone using my thumbs

That £1500 bill would be halved a least by using a decent independent garage. 

That £1500 bill would be halved a least by using a decent independent garage. 

 

That's true, and selling the private number plates that the car came with should help recoup some of the costs.  I will get onto the warranty company and see if I can get anything out of them though.

Your local BBC radio will have a consumer show. They can be very helpful. Worth sending your story in

And maybe contact citizens advice. There is another service but I can't remember the name. It's similar and free. You update them and they offer advice. Even help you write letters of complaints.

 

I wouldn't give up, and let the dealer get away with it. It maybe hassle but worth pestering them all the time.

 

And maybe contact citizens advice. There is another service but I can't remember the name. It's similar and free. You update them and they offer advice. Even help you write letters of complaints.

 

were you thinking of (nw defunct) Consumer Direct ?

http://en.wikipedia.org/wiki/Consumer_Direct