Compensation due ?

[Bigsqueeper]

Delivery of new Fabia Estate 1.9 Tdi
Car ordered from Barkers of Hull on 8th February,2008.Paid £500 deposit.Extras ordered ESP,black metallic paint-so a factory build.Quoted 8-10 weeks for delivery.
Price of car is £13,340 of which £12,000 is being paid by my company and the remainder is being paid by myself to up the spec.I am selling the car I own now to release funds for the upgrade.
5 months/21 weeks later a company called Royce Roberts has taken over Barkers and inform me that my car is available to be picked up.
The car was registered,Barkers rang me to quote the reg number,and for the last three months has been parked on the docks in Grimsby.
Royce Roberts tell me that Skoda UK were withholding cars from Barkers in lieu of payment.
I have written to Skoda UK,I have a case number,asking for compensation either from themselves or Barkers as I now buying a 3 month old car,it`s reg is 08 but very nearly a 58 by the time I get it,it`s been parked at the docks for 3 months,the car I`m selling is now 5 months older with more miles on the clock and therefore of less value.
This will be my 3rd Skoda so I`m a loyal customer,does anyone have any comments on my claim for compensation or do I just accept the situation and buy the car. I am still waiting for a reply,either one way or the other,from Skoda UK.

[JSJ]

I guess that your contract was with the now defunct dealer, if you were to reject the vehicle who would pay your deposit back to you?

Hopefully Skoda will do the decent think and compensate you appropriately.

[Little Jo]

I'm afraid your car belongs to Skoda UK until they receive payment from the supplying dealer. When you order a car, you are indeed at the mercy of the dealer if the dealer is in financial troubles. If the dealer goes into administration, you potentially could lose your deposit. Isn't there a get-out in the contract that says if the delivery date slips by a certain amount, you can get out of the contract to supply your new vehicle? Read the small print on the back of your order form.

It's probably a good idea to act before the dealer reaches the stage of going into administration. Some sound legal advise would be appropriate in these circumstances as the dealer is almost certainly breaching their contract with you to supply the car within the stated time. It's a horrible situation to be in and I do feel for you.

[ag.morley]

If the deposit was paid on Visa/Mastercard " Are you covered by your card to get your deposit back ".I think you are!!

[HZ123]

I am sure that if you can resolve or find someone to admit the fault it must surely by Skoda UK then you should get your deposit back. The contract you made has not been fulfilled and as you state the goods are not now acceptable.

[Little Jo]

This may be the organisation to go through - below is a link to a consumer information document in pdf format.

http://www.smmt.co.uk/consumeraffairs/booklet.pdf

If nothing else, they are going to be able to tell you where you stand legally and whether the new company who took over the original dealership had agreed to honour existing contracts with customers. I'd be surprised if they got away with leaving customers high and dry.

[redbaron]

im unclear as to why skoda should compensate you in any way? you have no contract with them?

[mannyo]

I dont think the car is physically registered yet, whats happened is that the dealer has the vin number and list of registration numbers. They match the vin to a reg number and tell you what that is. The car cannot be registered with the DVLA untill they have the car and its paperwork at the dealership, if there is a delay you will simply end up with a 58 reg car.

Your contract will be with the supplying dealer and not skoda uk. If the dealer gets into financial difficulties you need to take that up with them.

[redbaron]

the dealer shouldnt/cant register the car until you sign the AFRL forms...

[skisbp]

Originally Posted by Bigsqueeper

Delivery of new Fabia Estate 1.9 Tdi
Car ordered from Barkers of Hull on 8th February,2008.Paid £500 deposit.Extras ordered ESP,black metallic paint-so a factory build.Quoted 8-10 weeks for delivery.
5 months/21 weeks later a company called Royce Roberts has taken over Barkers and inform me that my car is available to be picked up.
The car was registered,Barkers rang me to quote the reg number,and for the last three months has been parked on the docks in Grimsby.

When did Barkers call you? If 3 months ago shame you didn't give a shout out then... If you did & I'm just not aware, my bad.
Had we been talkin then I'd have told you to request your deposit be returned. While requesting from Skoda UK to not release your car for general sale, but service you through another dealer! Unfortunately that's not the case. So let's deal with matters at hand. As much as it's a real shame how you've become caught in the middle. It sounds like you still want the car you ordered, assuming no damage to it in port. If your trade is also a Skoda, there may be some flexibility. For your servicing dealer to make you an attractive enough of an offer. To offset any perceived losses, not forgetting you did have the use of said vehicle. During those unfortunate months of wait.
On top of this Skoda UK in conjunction with your servicing dealer. May be able to offer you some sort of exclusive finance rate, plus free servicing for the length of the warrenty{2years?}... Hopefully this will still have the value intended. As you mention it's a company car.
As far as registration goes it sounds like there might be the chance that it could be re-plated a 58 yet don't quote me & best of luck with all this!!!

[HZ123]

If Skoda UK pulled the plug then it is them that must take reponsibility for transfering the potential sale to a.n.other dealer.

[mannyo]

Originally Posted by HZ123

If Skoda UK pulled the plug then it is them that must take reponsibility for transfering the potential sale to a.n.other dealer.

Why, they have not been paid by the dealer for the cars they were supplying. Technically the dealer has not paid for the car, so Skoda held it. Its still the dealers fault for not paying monies owed on the car.

[skisbp]

Originally Posted by mannyo

Why, they have not been paid by the dealer for the cars they were supplying. Technically the dealer has not paid for the car, so Skoda held it. Its still the dealers fault for not paying monies owed on the car.

Not that fault is the important thing to place here...

But at the end of the day he's a Skoda UK/VAG customer just as much if not more so than the selling dealer!

[mannyo]

The dealers are all franchises, the Dealer is skoda uk's customer. The OP is the dealers customer.

[Little Jo]

The first thing to do is to find out the terms under which the new owner of the dealership took over. Did the old company go into administration and the dealership sold off as a going concern, or was it simply bought out? There should have been some clear agreement on the fate of existing customers who had cars awaiting delivery. Without that crucial information, you have little chance of sorting this out efficiently.

[redbaron]

why f**k about?


get your deposit back and buy one elsewhere.

[Little Jo]

Just looked up the Skoda website and Barkers still exist and have a branch in Grimsby.

GILBEY ROAD
GRIMSBY
NORTH EAST LINCOLNSHIRE
DN31 2RP


Tel: 01472 355558

Fax: 01472 352007

[Bigsqueeper]

Thanks alot for all your replies.Royce Roberts, who have taken over the dealership from Barkers, rang me on Saturday to say that my car was at the showroom and available for inspection.It`s the car I`ve been waiting 5 months for,Hooray! Black pearlescent, paint alloys,ESP,the works,1.9 Tdi 3.
Although Royce Roberts said they were "disgusted and appalled" at the delay in getting the car from Barkers I am more than happy with the service from them and hope to see the car today[Mon] and arrange payment.
As for compensation for the delay a goodwill gesture from Skoda UK would suffice,but worse things happen at sea as they say,I`m just glad I`ll soon be in my new Fabia.Hope the performance on this one will be just as good as the one it`s replacing.Lots of oomph on the motorway,but when I drive like my Dad I can regulary get over 65 mpg to and from work,keeping within the speed limits.Even a holiday to Scotland for a week last year the car averaged 58mpg over 1100 miles,fully laden with 2 adults and 2 kids.After keeping a check on fuel used myself I worked the mpg out myself to 57mpg so at least I know the onboard computers accurate.
Thanks again for all your input,will keep you all informed of anything else.

[youngsyd]

Tip. Dont use Barkers.

[ANDREW2210]

Ring up now and ask for graham he will sort you.