Yesterday I fitted the mud guards on the VRS. I noticed the arch liner on the nearside front was broken so I thought no toughie, I'll replace that later. But when it came to fitting the nearside rear I noticed that the back half of the floor panels under the car was missing. Bear in mind that I bought the car in February from a VW dealer not far from me. This adds to the feeling that something has happened to the car because when I cleaned it there was broken glass under the rear bench seat and in the spare wheel well (photos taken just in case) plus the LH back rest remote release was disconnected. Also noticed some scrape mark under the car behind the rear axle. How do you scrape that part of the plastics? Apart from that I cannot fault the car and as being a bit anal about the condition of my vehicles I didn't notice anything else that is cause for concern. There is no finance outstanding and it has been 11 weeks since purchase. Nothing was declared on purchase and the HPI check was clear. I know the HPI is not the last word but this car was inspected by VW Finances (first owner 63 plate wagon) and 10 to 1 by the dealer themselves on the ramp. I'll contact the dealer this morning but where do I stand and what is my rights? I understand my consumer rights are protected under the consumer rights act 2015 and a reasonable time is attached to this case in which case the dealer can either repair or replace whichever way they regard as cheaper or satisfactory. Any advice.

Check the hatch, door rubbers, black plastics and panels for signs of a respray. White marks or overspray. It could be a rear window was broken. Your description sounds as if it has had an incident but not serious enough to merit Cat C-D if it's not on the register.  Of concern is that if a repair was done, why is there (presumably toughened) glass inside the car and a disconnected seat release. I.e. If a decent workshop removed the hatch/seats, why wasn't the broken glass removed. I'd be back to the seller to ask some serious questions. 

Am I correct in thinking dealers arn't required to inform people if a car has been in an accident/repaired but if you ask they have to tell you.

I have contacted the dealer and spoke to a manager. After a lengthy conversation where I outlined my concerns and him trying to put me at ease, basically playing it down, it has been agreed that they will get the car on a ramp. There was talk of referring to the inspection sheet but I suspect it was a paper exercise rather than a physical check. Since it is a VW dealership I asked how would they know if the VRS is missing bits but again assured it is all one family of cars ie VAG. I have read a bit about the consumer rights act and if the purchase is less than 6 months it assumed the fault was present at sale and the retailer has to prove otherwise. As far as the act is concerned the goods must be as described and fit for use and of reasonable quality. In this case I would say that the defects was not communicated to me or omitted because they didn't or did know of it. It does not matter if I was told or not. I discovered the car was not as described and are going along that line. The repair however has to be of satisfactory quality and as a VW dealer they would be required to use genuine parts. They have one attempt at rectifying the defect after which I can reject the car for a refund minus the use I had of the vehicle after 30 days or I have the choice to ask for another attempt to satisfation. I do like the car and so far have not noticed anything handling wise or on the paint finish that causes concern. Maybe a body shop inspection is the only way to know. If anybody has photos of the underside of a VRS wagon I would appreciate if you post it on here.

 

On his request I emailed him the following:

 

Hi XXX

 

Further to our conversation this morning.

 

The car was purchased XX/XX/2017 from XXXXXXX VW XXXXXXXXXXX branch acting salesman XXX. Since it is more than 30 days from the date of purchase I give you the opportunity to inspect my concerns as detailed below and rectify the findings to the satisfaction of both parties within a reasonable time. No communication was made to me of any structural faults or missing items during the purchase procedure. You (XXXXXXX VW) did however repair a tear in the leather at cost as part of the purchase agreement. My concerns are not covered by the guarantee extended by XXXXXXX VW but falls under my consumer rights.

 

As mentioned to you I discover the missing underfloor panels when fitting a Skoda mudguard to the near side rear wheel well. The panel/s in question is/are from under the bench seat position to the rear bumper. This leaves exposed the fuel tank and fuel line couplings. There is no uncertainty on my part that looking at the remaining panel there is a mating surface and locating fittings with the missing panel. I believe without any doubt this is the condition the car was supplied by XXXXXXX VW to me and that it should have been picked up on inspection either by your dealership or by VW Financial Services on receipt of the car. Looking at the scars under car together with my concerns over the broken glass discovered under the rear bench seat and spare wheel well I have my concerns over the integrity of the history of the vehicle regardless of the HPI check. I do take considerable care of my vehicles and is a mature owner. I have voiced my concerns to you over the phone.

 

I will make the car available to your dealership for inspection and rectification within a reasonable time as you have requested. To assist you in booking the car back for inspection I include the dates I'm available to bring the car over upon booking confirmation is communicated to me.

Good luck! What a palarva. As you say, the Consumer Rights Act may be your route here, but consider also the Sale of Goods Act:

 

The Sale of Goods Act says your vehicle must:

– be of satisfactory quality (taking into account its age and mileage)
– meet any description given to you when you were buying it (whether in the advert or in discussions prior to sale)
– be fit for the purpose (for example, to get you from A to B safely).

If the second hand car does not meet these requirements, you have a right to claim against the dealer for breach of contract.

If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:

– give the second hand car back and get your money back, or
if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)

You may need to show that the fault you are complaining about was there when the car was sold – this will be easier if the fault is serious.

 

The Oct 1 2015 Consumer Rights Act further consolidates and tightens consumer legislation. This introduces a no-quibble 30-day money-back guarantee. It also limits to one the number of failed repairs you have to put up with before you can take action for rejection, refund or replacement.

The Consumer Ombudsman can also offer advice about how to complain properly and effectively to a company if you are not happy with goods or a service. Visit consumer-ombudsman.org.

 

 

As long as you're happy with the car, there's no unexpected rattles etc then they should sort out the panels, ensure the underseal is made good for corrosion warranty and reconnect the seat cable. You'll have a record of this remedial work and  this should be the end of the matter. It's not recorded anywhere as accident damaged and you can then sell it on at the end of your ownership without qualms. 

3 hours ago, dunc69 said:

Good luck! What a palarva. As you say, the Consumer Rights Act may be your route here, but consider also the Sale of Goods Act:

 

The Sale of Goods Act says your vehicle must:

– be of satisfactory quality (taking into account its age and mileage)
– meet any description given to you when you were buying it (whether in the advert or in discussions prior to sale)
– be fit for the purpose (for example, to get you from A to B safely).

If the second hand car does not meet these requirements, you have a right to claim against the dealer for breach of contract.

If something you buy is not ‘as described’, or if the seller is guilty of misrepresentation, you are entitled to:

– give the second hand car back and get your money back, or
if you want to keep the car, ask for compensation (usually the cost of any repairs it needs)

You may need to show that the fault you are complaining about was there when the car was sold – this will be easier if the fault is serious.

 

The Oct 1 2015 Consumer Rights Act further consolidates and tightens consumer legislation. This introduces a no-quibble 30-day money-back guarantee. It also limits to one the number of failed repairs you have to put up with before you can take action for rejection, refund or replacement.

The Consumer Ombudsman can also offer advice about how to complain properly and effectively to a company if you are not happy with goods or a service. Visit consumer-ombudsman.org.

 

 

The Sale Of Goods Act ceased to exist in September 2015. It was replaced with the Consumer Rights Act. You can't use the Sale Of Goods Act as a means of recourse unless you bought something prior to the new Consumer Rights Act (pre September 2015), which isn't the case here.

Aha,  thanks Rustynuts. We live & learn. 

 

Either way, hopefully the OP will be covered.

 

Cheers,

Dunc 

Had a call from the sales manager on Monday. Took the car in to have a look. Whilst on the ramp and with one of their techs at first glance it seems that there is something missing. But I was assured that is what it looks like. The rear near side arch for some reason Skoda has decided to leave the arch liner flapping about. When fitting the mudflaps it adds some rigidity to the bottom of the liner - strange. However the tech was happy to secure the bit or arch liner to the mudflap. Also noted that the nearside underfloor plastic panel and front arch liner has broken and missing the jacking point cover.. Asked them to get part nos and a price but I'm still waiting. Overall I'm happy that my worst fear has not materialised and the dealer was prompt in their response. However I'm now aware the car was not cared for as I would so as and when I have time I'll address a few cosmetic items, most won't be noticeable to the casual onlooker but it is for my peace of mind.

 

It also didn't help that the missus kerbed the front nearside wheel . We offer a wheel refurbishment service for £46 plus VAT says the sales manager. Ever the sales man I'll take them up on the offer.

 

Thanks for the replies. We all expect the worst but this time it all worked out ok. I'm happy with the car and so is the missus. Commenting that it drives easier than the Audi A3 we had. It suits us perfectly even though we don't have kids. It is more expensive to fuel and run than the Citigo but nothing to break the bank unless the headlights goes pop.

 

Found this website, handy for searching part nos.

Linky: http://www.oemepc.com/skoda