Mis Sold a Car?

Clinton

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May 21, 2009
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5 years ago we bought a brand new Skoda VRS fitted with a towbar from a Skoda dealer. A few weeks ago - while towing - we were stopped by police and inspected and informed that the Skoda VRS had no towing weight on the engine plate and was not certified for towing. On contacting Skoda - they confirmed this and referred us to the dealership.

As it was bought & supplied by a Skoda dealer surely they sold us a product not fit for purpose? We are now stuck with a car we cannot legally use for towing which we need to do regularly.

Any advice on how we make a claim? What we are entitled to? What approach should we take?
 

Tony

What Consumer Founder
Apr 7, 2008
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I am not 100% sure what you mean. Can Skoda not add a plate and certify it?
 

happywriter

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Apr 25, 2009
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If you said that you intended to tow with the vehicle and the salesman said that was possible, then you have a genuine reason for a complaint.
With that reason, it would be a good method of getting the selling agent to organise the necessary engine plate.
 

Clinton

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May 21, 2009
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We said we intended to tow and the Skoda dealers themselves fitted the towbar before we bought it. Skoda now say the model is not certified for towing and they will not certify the car so towing with this model is illegal.
 

happywriter

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Apr 25, 2009
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As you suspected, you have an excellent case for 'selling goods fit for the designated purpose' etc.
With that, you should be able to get them to take the car back, at your purchase price.
 

Clinton

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May 21, 2009
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So Skoda have said it's not their problem and referred us to the dealership. The dealership's manager's PA called us to say the manager will be in touch. Do I need to get some legal advice or someone to represent us? I'm concerned we will be passed backwards and forwards and not get a fast resolution.
 

Tony

What Consumer Founder
Apr 7, 2008
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It sounds like you have a good case for a full refund as the car was not fit for purpose specified. See what the manager says and get your local Trading Standards involved if you don't get what you want i.e. a full refund.
 

garethsmyth

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May 20, 2009
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Bolton
hi

It is unlikely you will have a case for "unfit for purpose", unless the car was purchased for towing a caravan, trailer etc and the salesman was aware of this. Never the less Skoda (the dealership) should be looking to correct the problem at no expense to you. They have failed to render reasonable care and skill as is required under the Supply of Goods and Services act 1982, it is also of unsatisfactory quality. As Skoda have admitted that the equipment has been installed incorrectly, there is no issue with the 6 month rule regarding burden of proof. Write to the dealer and quote the above act also mention that the installation of the equipment could be rendered dangerous under the consumer protection act and request it to be rectified immediately, contact trading standards too!

Regards

Gareth
 

Clinton

New Member
May 21, 2009
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Hi there - the car was explicitly bought for towing a trailor and the salesman was aware and arranged to supply the car with a towbar for purchase. We even told him we didn't want to buy the car without a towbar as it would be used for towing every week.

I have contacted trading standards and have a "case number" - so I will see what the dealership offer.

I'm still concerned that Skoda & the dealership will pass us backwards & forwards for a while.
 

garethsmyth

New Member
May 20, 2009
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Bolton
In that case, as long as the salesman was aware of this you will have a case for breach of contract; possibly fundamental breach. Because they were aware that this was the intended reason for purchasing the car then fundamental breach would probably have occurred as you cannot legally carry out the intended use for which you purchased the car.

The only difficulty is that under section 48c of the Sale of Goods act 1979 the seller may deduct a reasonable amount off the purchase price, paid by you, in consideration for the five years of usage and hence reducing any money you may seek to recover. If your car was bought on finance you should check whether the agreement is covered by the Consumer Credit Act 1974, if it is and it is regulated then i am pretty confident you would be able to claim from the finance company too if you had no joy from the dealer for the price under section 75 of same albeit it is the dealer that you should first seek remedy from. Hope this helps

Regards

Gareth