@John@C

Did you get a Letter from VW Group HQ or Skoda inviting you to have the Emission Fix carried out and ignore it or refuse to have it done?

 

There is no reason to have it done.

 

The Warranty says that you must have Recalls Carried Out.  That is not a Safety Recall and is not on the DVLA Recall site and was a Voluntary recall.

http://skoda-auto.com/services/recall-actions

 

yeah, schoolboy error

1 minute ago, e-Roottoot said:

@John@C

Did you get a Letter from VW Group HQ or Skoda inviting you to have the Emission Fix carried out and ignore it or refuse to have it done?

 

There is no reason to have it done.

 

The Warranty says that you must have Recalls Carried Out.  That is not a Safety Recall and is not on the DVLA Recall site and was a Voluntary recall.

http://skoda-auto.com/services/recall-actions

 

Absolutley e-Roottoot 

A solicitor could make them weep.   This can not have them do faulty work on a customers car and then penalise the customer.

They have never compensated in the UK those that were mislead by Defeat Devices installed on their vehicles.

 

A 2014 car is not in Warranty so you are not making a warranty claim, just a claim against their employees error possibly.

 

Edited 13 October, 20205 yr by e-Roottoot

Dear Rover,

 

they have top lawyers, I have consumer rights act 2015, sections 10,23 49 or 54/55.No win, no fee with retailers.

Some caveat of juris prudence.

If you don't groom your horse, feed them, shoe them, exercise, hydrate them, TLC them...They turn ferrel and break.

 

I want to get an outcome to my satisfaction. The system does not allow mere individuals to have their say

'They' do not have top lawyers, they are chancing it on the hope that they can scare you.

 

They do not even have top Technicians, they are just trying it on.    Have you talked with a Solicitor?

Did you pay for the service on a credit card? If so, consider looking in to section 75 claims. 

34 minutes ago, John@C said:

* Diesel Particle Filter [ I think from what I have gather is the fuel filter ]

*

 

Just to clarify: The DPF (Diesel Particulate Filter) is NOT the diesel fuel filter, it is a filter that filters the soot out of the exhaust gases, and does not normally need any servicing.

2 minutes ago, e-Roottoot said:

'They' do not have top lawyers, they are chancing it on the hope that they can scare you.

 

They do not even have top Technicians, they are just trying it on.    Have you talked with a Solicitor?

Yes, RAC legal, I have a legal rep with the letter of intent...I was advised to make the formal complaint first.

Regards

5 minutes ago, muddyjim said:

 

Just to clarify: The DPF (Diesel Particulate Filter) is NOT the diesel fuel filter, it is a filter that filters the soot out of the exhaust gases, and does not normally need any servicing.

 

This was verbally crossed talked over to me ..Very wobbly...I will ask her to relay this in writing

Its not just the 'Diff' that's cracked in this conversation !!!!

What happened to the Dekra independant inspection that you were going to have?

 

You should not even be engaging with them considering the K-rap they are coming out with let alone considering accepting a goodwill gesture.

 

Their negligence has destroyed your differential and could have caused a serious accident, I sincerely hope that you had the independant inspection done before they got their hands on it.

 

They have you on the back foot and are trying to get away with as little as possible, you should not facilitate this.

 

If it were me, and I appreciate that everyone is different & respect whatever you ultimately decide to do, I would say to them "Stop right there! The only thing that we can possibly negotiate is how much compensation you are going to pay me over and above repairing my vehicle at your cost with new parts, paying my breakdown recovery costs, the independant inspection and my legal fees to date, otherwise I will simply let the court decide, there is no question about your negligence and responsability for the consequences"

Its worth repeating what I said before with some underlining for emphasis:

 

Remain focussed, dont allow yourself to be sidetracked by their bullsh*t, the more they produce stuff like that the more you should realise that you are on precisely the right trajectory and well they know it.

7 hours ago, John@C said:

For your information, steming from our replies...I have since cancelled my car insurance to RAC fully ,insuring my car and recovery and using their approved garage to sort out my dilemmas...Thank you for recommending me to contact them.

 

 

Was it wise to cancel your cover? Surely that also cancels your legal cover too?

I read it to perhaps mean he has moved all his insurance to the RAC now, several of the postings are a bit ambiguous.

59 minutes ago, J.R. said:

I read it to perhaps mean he has moved all his insurance to the RAC now, several of the postings are a bit ambiguous.

 

I would imagine if you cancel cover with your existing insurer, their liability stops immediately as far as providing any services, even through third parties that they ultimately pay to provide services (breakdown, legal etc).

 

A new insurer/policy will not consider any event that occurred prior to commencement of cover.

 

Maybe RAC or his insurer told him otherwise, but why on earth did he do it? 

 

He seems to allowing himself to be bamboozled by the dealer. Service history/recalls etc have nothing to do with this. It is simply a claim of gross negligence that occurred when the car was in their paid care and paid for work was incorrectly and negligently carried out leading directly to catastrophic failure. 

 

The garage/dealer should have liability insurance to cover this kind of event.

 

A new Haldex/differential and any other part (coupling) damaged to be fitted and appropriate compensation for inconvenience caused should be the very least they should fund. They should also provide a courtesy/hire car while repairs are carried out (but watch out for insurance arrangements)

 

I've been though a similar experience with a manual gearbox differential broken while having other work done at a Skoda dealer. A few controlled face to face and telephone stand offs repeating basic facts and consumer law, finally involving Skoda UK,  who conducted a short investigation and agreed to fund the repair fully and provide a hire car while repairs done (car was out of warranty)

 

If the OP has had an independent expert report that draws the right conclusions, I would think his legal cover team (if he still has one) would have adequate ammunition to make the right noises without him having to take the flak personally from anyone

 

Edited 13 October, 20205 yr by xman

Again its difficult to work out from what was written but my guess is, or should I say my hope is, that he had RAC breakdown cover & the vehicle was insured with another insurer, he has now moved all of his cover to the RAC.

 

I hope that any legal cover is from the breakdown policy and not from the new vehicle insurance policy for the reasons that you state, hopefully he will confirm.

 

And hopefully he will confirm that an independant inspection took place before the garage got their devious mitts on the vehicle.

 

I was also going to mention car hire but did not want to encourage him to run up expenses until he was sure of being in the driving seat.

Some of Johns posts are a little ambiguous, but hopefully all will come clear and it will end well  for him.

Regarding the independent inspection, if you were to drive out of the dealers and something went 'crunch' and the car stopped, I guess it's natural to contact the dealers for them to come get you and rectify it. Would you suggest ringing the dealer straight away but arranging your own recovery for an independent inspection before letting the dealer inspect it?

6 minutes ago, J.R. said:

 

I was also going to mention car hire but did not want to encourage him to run up expenses until he was sure of being in the driving seat.

 

Any courtesy/hire car should be only be provided by the dealer/garage or Skoda UK with no strings attached (make it crystal clear)

 

By very wary if an insurer or third party offers a courtesy/hire car, if the legal claim is unsucessful, the OP will end up paying for it at massive cost as its provided speculatively through a third party arrangement at a premium rate. There is also a legal precendent in common use nowadays that limits a claim for costs of hire cars in unresolved insurance claims to a maximum of seven days hire.

27 minutes ago, Dale_Stevens said:

Regarding the independent inspection, if you were to drive out of the dealers and something went 'crunch' and the car stopped, I guess it's natural to contact the dealers for them to come get you and rectify it. Would you suggest ringing the dealer straight away but arranging your own recovery for an independent inspection before letting the dealer inspect it?

 

I believe the car was  recovered to the Skoda dealer that did the service, which is exactly the right thing to do. So long as the recovery was professionally carried out (RAC) there should be no problem. They also had the first opportunity to inspect the car and discuss a resolution.

Edited 13 October, 20205 yr by xman

12 hours ago, J.R. said:

What happened to the Dekra independant inspection that you were going to have?

 

You should not even be engaging with them considering the K-rap they are coming out with let alone considering accepting a goodwill gesture.

 

Their negligence has destroyed your differential and could have caused a serious accident, I sincerely hope that you had the independant inspection done before they got their hands on it.

 

They have you on the back foot and are trying to get away with as little as possible, you should not facilitate this.

 

If it were me, and I appreciate that everyone is different & respect whatever you ultimately decide to do, I would say to them "Stop right there! The only thing that we can possibly negotiate is how much compensation you are going to pay me over and above repairing my vehicle at your cost with new parts, paying my breakdown recovery costs, the independant inspection and my legal fees to date, otherwise I will simply let the court decide, there is no question about your negligence and responsability for the consequences"

 

Morning JR,

 

Knowing what I know now..The factors have changed to the DEKRA and the saga goes on;

• They did not call the independent garage as promised
• No fee have exchanged hands with DEKRA
• In good faith, getting the Yeti to the main dealer was suggested at the time and I took the chance, that the diagnostics would have had a amicable outcome transparency and the hop of  intentions. It has proven to be messy
• Yes, I do feel, crossed-talked over, sidetracked and thrown a bone .

Next week I'm going to be busy with work and a hospital procedure.Most likely not be able to reply /quote all your support.

 

Regards

 

10 hours ago, xman said:

 

I believe the car was  recovered to the Skoda dealer that did the service, which is exactly the right thing to do. So long as the recovery was profes

sionally carried out (RAC) there should be no problem. They also had the first opportunity to inspect the car and discuss a resolution.

• It was carried out by RAC
• Delivered to the main dealer network
• They did have the first opportunity, I did that in good faith
  • Customer Value
  • Customer Loyalty 

10 hours ago, xman said:

 

Any courtesy/hire car should be only be provided by the dealer/garage or Skoda UK with no strings attached (make it crystal clear)

 

By very wary if an insurer or third party offers a courtesy/hire car, if the legal claim is unsucessful, the OP will end up paying for it at massive cost as its provided speculatively through a third party arrangement at a premium rate. There is also a legal precendent in common use nowadays that limits a claim for costs of hire cars in unresolved insurance claims to a maximum of seven days hire.

Thank you for the information, it would have not worked as such. We are in a CPZ zone, there would have been more expenses stretched to have a hire car.

Regards