VRS TSI Clutch Slip / Replacement after 17K Miles / Skoda reluctantly pays-out after proof of defect

[neiln]

Good.

 

I'm not a lawyer but I suspect it will strengthen your case if you give Skoda formal notice of your intent to pursue a claim and the opportunity to rectify.  Perhaps inform them you have obtained independent assessment and the conclusion is as you stated above.  If they do then refund you it would be quicker and less stressful than the courts.   Best of luck!

[paulwebster]

Orville, please dont be tempted by a settlement with a privacy clause. We all want to hear about the successful conclusion of this, plus others afflicted in the future need to know there is hope.

[SimonD316]

Good.

 

I'm not a lawyer but I suspect it will strengthen your case if you give Skoda formal notice of your intent to pursue a claim and the opportunity to rectify.  Perhaps inform them you have obtained independent assessment and the conclusion is as you stated above.  If they do then refund you it would be quicker and less stressful than the courts.   Best of luck!

 

I think you'll need to send them a letter clearly stating "Notice Before Action" to give them 14 days to settle before starting the small claims action.

Edited 8 June, 2016 by SimonD316

[petrolbloke]

Been following this thread with interest. Good news on the report! A couple of things before you go any further:

 

1. Find out if it's the dealer or Skoda UK you should be pursuing. I think it will probably be the dealer, but there's no problem with the dealer forwarding the info to Skoda UK or you doing that yourself so that SUK can liaise with the dealer. If you bought the car on finance then the finance provider should be jointly and severally liable under S75 of the consumer credit act. The finance company may be able to apply pressure on SUK/dealer to reimburse you. I have a S75 claim in progress at the moment with my credit card company, but a slightly different scenario to yours.

2. Send "letter before action" to dealer/Skoda UK with a copy of your report. Request reimbursement for the amount you paid, plus the cost of having the independent report (and any postage/fuel to get the report done). Optionally ask for compensation to cover fuel (driving to/from dealer for repair), time and stress incurred in sorting this out (may want to seek more advice on this bit). Request a response in writing within 14 days - either with full payment or explaining the basis for them rejecting your claim. If you're feeling generous you could give them an opportunity to inspect it (but I wouldn't let them take it away in case it gets 'lost').

 

For a small claim I believe you have to prove your case on the balance of probabilities and with an independent report that should be pretty easy. I'm not sure how detailed your report is but as well as stating the believed cause of the failure, it might also be helpful for it to explain how driver error/wear and tear were not the cause.

 

Good luck!

[Orville]

Thanks again for the comments.

 

I have been extremely reasonable towards Skoda and offered them every opportunity to correct analyse the facts and their mistake.

*Slippage was reported as soon as I identified that it was really slippage and could reproduce it. Slippage was extremely minor and very hard to reproduce at time of reporting.

*I provided full history of the car and details of slippage, including how to coax it.

*Evidence was given on numerous occasions to substantiate manufacturing fault. I provided many high-resolution photos, straight-edge tests, masses of information. They did not even bother to add most of this evidence to my case.

*I offered to send the clutch components to their Technical Experts (several times) for full inspection but they were not interested.

*Every excuse they gave me for "wear & tear" was countered by photographic or technical evidence (much credit goes to members here). Some of their excuses were at best incorrect and at worst blatant lies made up to get rid of me.

*Finally I had to pay for a Fully Independent Inspection, which has unequivocally identified Manufacturing Fault.

 

I add a direct quote from the list of Conclusions.

"There is no evidence of the clutch being over-heated or abused"

 

The full report contains issues already spotted within this forum, and other various other items as yet unmentioned.

 

All I wanted was for my warranty claim be assessed fairly by Skoda and their representatives. Now I will pursue them for replacement clutch AND Inspection costs. As suggested above I will allow them one further chance to apologise for my families inconvenience and correct matters before seeking to obtain costs through legal action. That will at least show that I have done everything within my power to settle things amicably.

 

Epic fail on Skoda/VAG's part thus far.

Edited 8 June, 2016 by Orville

[Orville]

Been following this thread with interest. Good news on the report! A couple of things before you go any further:

 

1. Find out if it's the dealer or Skoda UK you should be pursuing. I think it will probably be the dealer, but there's no problem with the dealer forwarding the info to Skoda UK or you doing that yourself so that SUK can liaise with the dealer. If you bought the car on finance then the finance provider should be jointly and severally liable under S75 of the consumer credit act. The finance company may be able to apply pressure on SUK/dealer to reimburse you. I have a S75 claim in progress at the moment with my credit card company, but a slightly different scenario to yours.

2. Send "letter before action" to dealer/Skoda UK with a copy of your report. Request reimbursement for the amount you paid, plus the cost of having the independent report (and any postage/fuel to get the report done). Optionally ask for compensation to cover fuel (driving to/from dealer for repair), time and stress incurred in sorting this out (may want to seek more advice on this bit). Request a response in writing within 14 days - either with full payment or explaining the basis for them rejecting your claim. If you're feeling generous you could give them an opportunity to inspect it (but I wouldn't let them take it away in case it gets 'lost').

 

For a small claim I believe you have to prove your case on the balance of probabilities and with an independent report that should be pretty easy. I'm not sure how detailed your report is but as well as stating the believed cause of the failure, it might also be helpful for it to explain how driver error/wear and tear were not the cause.

 

Good luck!

Thank you.

 

Regarding whom I need to claim against, I have clarified this with Skoda Customer Service. The Dealer I purchased the car new from has closed down, so I could not use them for warranty work. My claim will be against:-

Volkswagen Group UK Ltd

Yeomans Drive

Blakelands

Milton Keynes

MK14 5AN

 

VWFS is the Financing Company. Given VW's form so far, they won't be much help.

 

My £2000 initial car deposit was paid via credit card, so that is another possibility.

 

Your points within #2 are valid and I will consider them carefully.

 

The report is extensive, as is the experience and qualification of it's Author. I took my clutch a very long way from home to obtain the best available Independent expertise.

Edited 8 June, 2016 by Orville

[ahenners]

Been watching this with interest and I admire your persistence and determination to see this through! The inspection result sounds promising for helping your case and I hope that you get the outcome you deserve for all your time and effort

[FluffyEyeball]

Been keeping an eye on this thread with interest, really glad you got the outcome that you were after (and the one that is correct as per the evidence you've presented). Well done for sticking by it and not letting them take the **** out of you! Hopefully (to save you the ballache, if nothing else) Skoda/VAG will now see sense (stop lying) and not try to argue over it any longer! Again, well done!

[petrolbloke]

My £2000 initial car deposit was paid via credit card, so that is another possibility.

 

Definitely worth contacting them and submitting a S75 claim as it may get you the result you want without having to take them to court yourself.

[Orville]

I just called Skoda Customer Services to inform them of the Independent Inspection results and to offer them yet another opportunity to resolve this dispute amicably.

 - CS informed me that my case has been closed by Skoda and  that they can no longer do anything with it.

 

I asked to speak directly with Skoda Legal Team

 - CS services says they cannot transfer me, and that Skoda Customer Services do not hold any contact details for Skoda Legal Team.

 

I asked for confirmation of the address where I should send a "Letter Before Action". I was previously provided the registered address for VW Group UK and wanted to confirm this was 100% correct.

 - Skoda CS do not know the address for their own Legal Team.

 

I asked to speak with a Supervisor

 - I have been promised that a supervisor will call me back within 4 hours

 

 

Why do Skoda have to make this so frustrating? I am clearly in the right and I continue to provide them with every opportunity to resolve matters, but they continue to slam the door in my face.

[Orville]

Definitely worth contacting them and submitting a S75 claim as it may get you the result you want without having to take them to court yourself.

The Skoda Dealer I purchased my car from closed down last year. I am unsure whether a credit card company will be able to help in this situation.

[harrylime]

setting aside the quality of their product, the way you have been treated by Skoda is despicable, in my view. It has cast serious doubts on my shortlisting a Skoda to replace my current Octavia. Notwithsatanding the hassle involved for you, I actively hope it reaches a court room. Your engineer's report seems compelling (and that is another cost you will need to recover). I strongly suspect that you may be fighting this case on behalf of many other owners, as the precedent it could set may initiate many other claims. The best of luck.

[FLAPPERJACK7]

Vag wall's and hurdles are up. Like I said before if they pay for yours they will have to pay for everyone else's. Good luck with it. Never saw anyone get a free clutch while I worked for them.

Sent from my SM-G900F using Tapatalk

[Orville]

I called VW Financial Services who have raised a new case and will discuss directly with Skoda UK. They will get back to me within one week. VWFS are part of the VAG Group so I am unsure how much they will want to help, but it is further evidence that I am trying everything possible to resolve this before Legal action.

[Orville]

Vag wall's and hurdles are up. Like I said before if they pay for yours they will have to pay for everyone else's. Good luck with it. Never saw anyone get a free clutch while I worked for them.

Sent from my SM-G900F using Tapatalk

It is not a free clutch. It is a replacement due to obvious manufacturing defect. In the same way that Skoda did not provide me with "free" water pumps when they sprouted leaks. They merely replaced faulty components.

Edited 9 June, 2016 by Orville

[petrolbloke]

The Skoda Dealer I purchased my car from closed down last year. I am unsure whether a credit card company will be able to help in this situation.

 

Hmm... I'd still contact them as once you have sent them all the info it might be less hassle for you than trying to chase Skoda yourself. If the CC company refuse your claim you can contact the financial ombudsman too. Likewise for VWFS.

 

It really is poor service from Skoda, especially as you now have a report stating that it was a manufacturing fault and not misuse. Unfortunately I expect the fobbing off will continue until they get a letter before action or the actual court paperwork.

[banksie]

Well done for persuing this!

If I was at the stage your at now with all the cards in your hand and still been given the run around, I'd want to give them no more chances.

F**k em!

Go straight to court. You might end up there anyway, just having had more hassle chasing them. They've given a clear indication the way they want to play it.

They've had their chance!

[Orville]

Skoda CS Manager called back. He says that Skoda CS cannot help me with my case anymore and suggested that I contact motorcodes.co.uk for independent advice. He also confirmed contact details for VW Legal Team,

 

*I am now awaiting VWFS feedback before proceeding further.

 

 

I agree that Skoda/VW undertake "war of attrition" tactics in the knowledge that many unfairly-treated customers simply go away. I guess the vast majority of people just give up due to length and complexity of arguing their cases. I just realised that this thread has over 17,000 views. I wonder whether this makes Skoda more or less helpful (they couldn't have been any less helpful thus far)?

[Gerrycan]

"Skoda CS cannot help you with your case anymore" - Funniest thing I've read in quite a while.

I consider that a bonus getting that impediment out of the way.

 

At some stage you might want to consider contacting TV  media, (consumer program) they would love this because every step has been fully documented and independent professional opinion on your side. They could throw in a lead with VW cheating past, the change of executives, the promises of changes to the VW culture of lying and deceiving customers.

Then they could name the UK executives involved and how they are still perpetuating the old ways

 

VW Australia have absolutely foul reputation here for how they deal with customer problems.

Most of this was related to the DSG 7 boxes which failed with incredible regularity and they refused to acknowledge there was a problem for a long time until they were forced to make a huge recall of DSG boxes in China the media picked up on that and their inaction here.

The 'fix' was to change the specification of the oil which have improved things considerably but I have heard stories that the clutches are still prone to premature wear but they now change the clutches without question within the 3 year warranty.

 

If their executives are unable to identify valid claims and respond responsibly then they deserve to be replaced.

[Orville]

The Auto-Press, BBC Watchdog and others are on my list of persons to contact once this sorry episode reaches it's conclusion. I will also post YouTube videos of the defective items when I get them back from the Inspector. Quite clearly my defective clutch was not fit for purpose, and equally clearly Skoda's handling has been abysmal.

[Orville]

My credit card company MBNA says that I have a valid basis for claim under Section 75 of the Consumer Credit Act. I have not yet identified the Credit Card used for purchase deposit on my vehicle (records do not go back 2-years), but I do have the credit card used to pay for Clutch replacement. As the Dealer has charged replacement costs due to "wear & tear" rather than warranty work due to a proven Manufacturing Defect, I have been miss-sold.

 

I now have three options to pursue.

*VWFS investigation - Case opened with Finance company today. They will take up to 7-days to respond.

*Credit Card dispute for clutch payment under Section 75 - Payment marked as disputed. If I choose to follow this avenue then I must supply MBNA full details including inspection report within 30-days of today. Otherwise I must raise another CC dispute.

*Legal Action - Will be taken if above options show no progress.

Edited 9 June, 2016 by Orville

[Yagadan]

Good on you for following through with this mate.

I'm a long time lurker here with a a TSI manual in Australia and I must say this has almost made me regret buying the car. Absolutely shocking customer service.

It's clear from the way you write you are an educated and well spoken man so I hope you get the outcome you deserve.

Sent from my iPhone using Tapatalk

[Orville]

After 6-7 weeks of aggravation I make the following observations.

 

*If Essex Auto Group Technicians were technically competent they would have spotted obvious manufacturing defects which are clearly not attributable to driver behavior. My opinion is that the wear & tear decision was made before they even took my car apart.

*When I questioned their findings and asked to retain the parts, Essex Auto Group provided multiple different assumptions as to why the clutch indicated abuse and/or wear and tear. All of these assumptions have been debunked. Some were plain misinformation (dare I say lies) and others were plain incorrect.

*Initially Essex Auto Group refused to raise a dispute case with Skoda UK. They told me that they could not raise such cases and that I must raise it myself via Skoda CS. Skoda CS told me that the Dealer must raise the case. After looping backwards and forwards Essex Auto Group raised the case.

*I provided Essex Auto Group with numerous pictures and information which they promised to add to the case. It took 18-days for Skoda to respond to the case. Skoda replied with "wear & tear", but when I questioned them it seems that Skoda Technical Support never actually received the vast majority of photos or information I had provided to the Dealer. They also said that the case had only been open for 3-days, rather than the 18-days the Dealer told me it had been open. As I cannot think of any other reason for the Dealer withholding information from Skoda Technical, I can only assume they were attempting to hide their own mistakes.

*Chasing Skoda CS has proven extremely tiresome. Both the Dealer & Skoda UK play an obstructive delaying-game. I guess this is corporate policy designed to make most people give up out of frustration.

*VWFS were very friendly yesterday and are checking whether they can help me with the dispute. They are part of VW Group so I do not really expect much from them, but they might surprise me, and I have at least provided VAG with a further opportunity to atone for the mess.

 

 

Now that I have the independent report I am sure that I will get my money back. It may take some further weeks or months and I may be forced by Skoda to pursue the legal avenues, but I am committed and steadfast.

 

This all could have been resolved so much more easily and professionally if Essex Auto Group bothered to check the clutch properly in the first place. I lay the blame fully upon them and their laziness / technical incompetence. Whilst they appeared to be friendly on the shop front, they appear to have been spitting on my onion-rings behind the counter. Skoda CS/Technical have not been any better, but I guess they only work with the information provided by their Dealer.

Edited 10 June, 2016 by Orville

[Orville]

Forgive me for spamming my own thread.

 

I have additionally spoken to MotorCodes (motorcodes.co.uk) who are a Government backed automotive regulatory body, to which VW Group and many other manufacturers subscribe. After hearing my dispute details they indicate that I have an extremely strong case. They can pursue both the Dealer and Skoda UK for full costs (Clutch & Report) plus compensation. They also informed me that all automotive components are covered under law by a 6-year statutory warranty against manufacturing defect. I need to send them full-written details, but so long as what I have told then about the Inspection Report is true (it is 100%), then my case against Skoda appears to be cast-iron. The lady at MotorCodes seemed shocked when I told her that Skoda UK had closed my case and would not consider even looking at the report.

Edited 13 June, 2016 by Orville

[octavianestate]

Lessons learned....

Buy the Merc...pay that bit more and avoid this shower of ****e.