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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello,In 2012 we took a pcp scheme to buy a car.We part

Resolved Question:

Hello,In 2012 we took a pcp scheme to buy a car.We part exchanged our good car which skoda azur Chichester allowed about us about £4300 as a deposit for a new skoda roomster, we pay £185 pm for 3 years with a final ballon payment of about £4200 to pay if we what to buy it outright, or just give it back and walk away.The problem is that this car has been back to the garage to date 14 times with electric windows faulty 6 times the alarm which sets off in the middle of night when it freezes 7 and had to have the seat belt replaced, because of the car troubles and our many return journies and our cost of fuel and time skoda paid us a "goodwill gesture" of £500 worth of vouchers, this was about one year into this scheme. However since this gesture, which in my opinion just about covered our costs, since that time however the car alarm goes off when its very cold and in the middle of night, but not every time .Last winter the car went back for a month and we have been told the alarm didn't go off, this may be because the garage only work from 9 to 5 ,in that time and since we have had replacement cars each time its been back.In dec last year 2013 my wife was working at grayshott hall and the first frost set the alarm off again,she had to drive home with the alarm sounding, this was the last straw. I sent skoda uk a email and customer services Ian Barry got back to us and said they would change the ECU, why this wasn,t done when the garage had it, was I think because skoda uk paid for the work and not the garage.So as I send this the car seems ok. Skoda uk have offered to give us a deposit of £750 towards one of their new cars when this 3 years is up. We feel totally let down, firstly because this car was new ,the garage had our money for our old car and we think its all one sided,please could you help, thank you Michael

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you want to be able to achieve please?

JACUSTOMER-hmkk3hec- :

Hello alex, thank you for your help. The main reason is that the car has been faulty since this car nightmare began,the first customer service man told me there has been a problem with the skoda roomster and that they have had to replace he said about 6.That is what should have been done on ours instead of all the upset to us, and our neighbours many comments about see you have another car again etc.The garage px our good used car and allowed over 4k on the roomster,which again they would have sold it on at a higher value.They resold our good car and made a profit and from them we have a new car [in 2012] with all the problems to date. We have another 10 monthly payments of £185 until this is over. I have asked the garage if we could have our deposit back, but they would not agree to this. Considering the bad taste its left for us its the lease they should do, regards michael

Alex Watts :

Have you complained to the Finance Company at all please?

Customer:

hi alex, complained to skoda uk and skoda dealership in Chichester,the finance company is volkswagon financial services [vwfs],so not expecting any joy from them,michael

Alex Watts :

What is it you want to achieve Michael?

Customer:

This has been totally unsatisfactory to date with this skoda, what I would like to do is contact all national newspapers and see if any would be interested in our plight. What I,m hoping to achieve is fair play. Why should we lose our deposit and have to pay 10 more monthly pcp payments for a faulty NEW car?, this has been faulty from new and would dearly like to put skoda to account and move on without this folly that this is, michael

Alex Watts :

What you can do is contact the newspapers.

Alex Watts :

You can also sue them for breach of contract

Alex Watts :

Goods must be of suitable quality, fit for purpose and as described.

Alex Watts :

If it is not then you can sue both the dealer and the finance company for breach of contract.

Alex Watts :

You need to write and set out your a chronology of events and ask for a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

Send this to both the dealer and finance company as they are jointly liable under Section 75 of the Consumer Credit Act.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

You name the dealer as first defendant and finance company as second defendant

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Expert:  Ash replied 3 years ago.
I am told you can not see chat - can you now?

Alex

Ash and other Law Specialists are ready to help you