Need advice of unresponsive Skoda Dealership after purchase

[cbay]

On the surface, it sounds like you didn't get what you thought you were getting - misrepresentation of goods?

False or misleading representations - Consumer Affairs Victoria

^that's what it looks like to me.

So simply you were sold a car that was labelled as new, but it actually was not (and was damaged). Would you not be entitled to get a refund, so you can take your money and spend it elsewhere?

I personally would get my money back and stay away from that dealer full stop - from your description of their treatment of you and your issues, they don't sound like people you want to be going back and forth with. Get your money back and cut ties if possible, and find another dealer if you are still interested in Skoda.

[omega31]

On the surface, it sounds like you didn't get what you thought you were getting - misrepresentation of goods?

False or misleading representations - Consumer Affairs Victoria

The contract indicated it is a NEW 2011 MY12 Skoda Octavia 118TSI, they did not disclose any damage.

I got a damaged Ex Demonstration car.
Even if they can fix all the records and prove to me this is a New car, It has been clearly been hit by Hail, it should not matter if it is minor paint jobs or not. the damage was not disclosed.

If it was a small dent from transportation I would jump on the fix and move on but hail damage is a whole different story.

So yes, It is definitely misrepresentation of goods.

saying this I just got of the phone with Vicroads and consumer affairs.

vicroads - have informed me I am the only owner nevertheless Dealerships are not obligated to register Demo cars before sale as they use special changeable plates - they can not give information as where the VIN report gets the information from.

Consumer affairs explained:
A new car can only be replace via court order e.g. law suite.

As the car is a 2011 MY12 and they do go by VicRoads registration they do not se the car as Ex-Demo but did request me to file a report to assist in getting the issue resolved while making it very clear taht as it might be only cosmetic damage that was not disclosed.

A full repair of all rejects should be taken plus some compensation or additional extended warranty which is more likely to occur.

1. It looks like I'll have to live with the Car.
2. consumer affairs will assist in getting to an agreement.
3. I will request a total of 6 years warranty on the car e.g. 1.5 years extra to contract.

I'll send the dealer an email and file the complaint online.

[roshea]

The warranty situation is the bit that REALLY confuses me. The standard 3 year warranty should begin on the day the car is first registered - how can this be any earlier than the day you signed the contract if you're the first owner?

[omega31]

The warranty situation is the bit that REALLY confuses me. The standard 3 year warranty should begin on the day the car is first registered - how can this be any earlier than the day you signed the contract if you're the first owner?

I know where you coming from but going head to head with a dragging law suite will get me no where, just more aggravation and head aches.

I'll keep the car for 5 years and move on..... If everything works out.

[Antiplastix]

Nope warranty always starts from the day the car is first signed over to some one else, in this case the dealer. My brother found this out the very expensive way buying a Renault Traffic demo, and suprise, suprise it was a lemon.

[OilBurna]

Sorry to hear what happened I would ask for a full refund as others have said you did not get what you paid for.

[Guest001]

The contract indicated it is a NEW 2011 MY12 Skoda Octavia 118TSI, they did not disclose any damage.

I got a damaged Ex Demonstration car.
Even if they can fix all the records and prove to me this is a New car, It has been clearly been hit by Hail, it should not matter if it is minor paint jobs or not. the damage was not disclosed.

If it was a small dent from transportation I would jump on the fix and move on but hail damage is a whole different story.

So yes, It is definitely misrepresentation of goods.

saying this I just got of the phone with Vicroads and consumer affairs.

vicroads - have informed me I am the only owner nevertheless Dealerships are not obligated to register Demo cars before sale as they use special changeable plates - they can not give information as where the VIN report gets the information from.

Consumer affairs explained:
A new car can only be replace via court order e.g. law suite.

As the car is a 2011 MY12 and they do go by VicRoads registration they do not se the car as Ex-Demo but did request me to file a report to assist in getting the issue resolved while making it very clear taht as it might be only cosmetic damage that was not disclosed.

A full repair of all rejects should be taken plus some compensation or additional extended warranty which is more likely to occur.

1. It looks like I'll have to live with the Car.
2. consumer affairs will assist in getting to an agreement.
3. I will request a total of 6 years warranty on the car e.g. 1.5 years extra to contract.

I'll send the dealer an email and file the complaint online.

Did the car have plates and a rego sticker on it when you looked at it.

IF so what month does it expire One year from when you first got it or an earlier date such as a year from what you said the Vin showed up.

SOME Demos have these and are obviously registered previously Some are taken out with dealer tags hanging out of the boot and are not actually registered.

Makes a difference.

The VW Demos I have taken for a drive at both dealer had plates and Stickers on them so were definitely pre registered and would be sold as EX demo with balance of manufacturers warranty.

The Cars I bought were not plated till I went to pick them up and both times had to wait whilst they put them on.

I didnt get to drive the Passat before I bought it Only one of their demos which was similar but with different specs

[omega31]

Did the car have plates and a rego sticker on it when you looked at it.

IF so what month does it expire One year from when you first got it or an earlier date such as a year from what you said the Vin showed up.

SOME Demos have these and are obviously registered previously Some are taken out with dealer tags hanging out of the boot and are not actually registered.

Makes a difference.

The VW Demos I have taken for a drive at both dealer had plates and Stickers on them so were definitely pre registered and would be sold as EX demo with balance of manufacturers warranty.

The Cars I bought were not plated till I went to pick them up and both times had to wait whilst they put them on.

I didnt get to drive the Passat before I bought it Only one of their demos which was similar but with different specs

The Car had no plates.
no Rego
Got both new when got the Car.

[Guest001]

The Car had no plates.
no Rego
Got both new when got the Car.

I quote your reply number 10 where you said this

1. Car History Report - First sale date: 29/11/2011 - First Buyer type: Dealer Demonstration
2. Contract - Odometer not filled in - Prod Date: 19 May2011 Comp Date: 28 Jul 2011

and in reply 5

I ran a vin check after purchase and the car was registered as Skoda Demonstration. other than that it was clean. I would think a new car VIN report would be blank with no previous owners. no ?

And 5. Running a VIN check the car is clearly an EX-Demo, I am less worried about this as I negotiated the price as the clock had 32KM on it assuming it was an Ex-Demo.

So from them I would take it that it was registerd prior to you buying it. So when did you actually buy it as it appears from the reduced warranty time it had previous registration that was applied to warranty and reduced it by that amount of time.

Just things are becoming muddled as to what really happened

[omega31]

I quote your reply number 10 where you said this

1. Car History Report - First sale date: 29/11/2011 - First Buyer type: Dealer Demonstration
2. Contract - Odometer not filled in - Prod Date: 19 May2011 Comp Date: 28 Jul 2011

and in reply 5

I ran a vin check after purchase and the car was registered as Skoda Demonstration. other than that it was clean. I would think a new car VIN report would be blank with no previous owners. no ?

And 5. Running a VIN check the car is clearly an EX-Demo, I am less worried about this as I negotiated the price as the clock had 32KM on it assuming it was an Ex-Demo.

So from them I would take it that it was registered prior to you buying it. So when did you actually buy it as it appears from the reduced warranty time it had previous registration that was applied to warranty and reduced it by that amount of time.

Just things are becoming muddled as to what really happened

1. Car was purchased just over a month now.
2. I got the car with new license plate and Rego.
3. VicRoads have no information of previous owner - but they did indicate that Demo cars are not always required to be registered.
4. CarHistory VIN Report: First sale date: 29/11/2011 - First Buyer type: Dealer Demonstration (Skoda indicated it is a clerical error that will be fixed)
5. Contract - Odometer not filled in - Prod Date: 19 May2011 Comp Date: 28 Jul 2011
6. Car has dents that are very clear under florescent lighting, The car dealer has agreed to repair them.
7. On sale I was informed that Skoda will provide only 2.5 years of standard warranty I added 2 additional years. I got only 1.8.
8. This car was intended for a long term keep so as long as it does not have damage and warranty is covered I would be happy, so being an Ex-Demo will not affect me keeping the car but I will demand compensation or additional warranty on the car.

At the end Speaking to consumer affairs they have provided a more realistic solution that they believe is the correct line to take.
Skoda to take responsibility and will fix all the items I indicated and provide me with additional warranty e.g. 6 years in total or some financial compensation instead due to the dents.

Who do you trust VicRoads or the VIN Report - Consumer Affairs indicated they operate by VicRoads documentation and not by VIN report.

[Guest001]

1. Car was purchased just over a month now.
2. I got the car with new license plate and Rego.
3. VicRoads have no information of previous owner - but they did indicate that Demo cars are not always required to be registered.
4. CarHistory VIN Report: First sale date: 29/11/2011 - First Buyer type: Dealer Demonstration (Skoda indicated it is a clerical error that will be fixed)
5. Contract - Odometer not filled in - Prod Date: 19 May2011 Comp Date: 28 Jul 2011
6. Car has dents that are very clear under florescent lighting, The car dealer has agreed to repair them.
7. On sale I was informed that Skoda will provide only 2.5 years of standard warranty I added 2 additional years. I got only 1.8.
8. This car was intended for a long term keep so as long as it does not have damage and warranty is covered I would be happy, so being an Ex-Demo will not affect me keeping the car but I will demand compensation or additional warranty on the car.

At the end Speaking to consumer affairs they have provided a more realistic solution that they believe is the correct line to take.
Skoda to take responsibility and will fix all the items I indicated and provide me with additional warranty e.g. 6 years in total or some financial compensation instead due to the dents.

Who do you trust VicRoads or the VIN Report - Consumer Affairs indicated they operate by VicRoads documentation and not by VIN report.

Still smells fishy as why would they reduce warranty from 3 years to 2.5 if car wasnt registered for those 6 months. Can be only reason really as warranty starts from first registration date. Not from your sale date if car had been prior registered by the dealer. I put deposit on the Polo first week of December but didnt pay rest till Mid January Plates and sticker were new from that date as was warranty.
Seems their story changed with the destruction of the first Contract.
However it would take two months or so to get here from Comp date so hardly gives 6 months to be registered.
Very curious the whole thing really.
It sounds like from 4 above that they registered it as a Demo at end of Nov for probably 6 months, then didnt go far as most have about 14km on a new one. Then surrendered those plates and rereg in your name..
Hard to prove but would bet on something like that.

[K1W1]

Skoda to take responsibility and will fix all the items I indicated and provide me with additional warranty e.g. 6 years in total or some financial compensation instead due to the dents.
.

What does Skoda have to do with the argument?
The contract of sale, the legal document that any claim would be based on is between you and the dealer. Skoda Australia legally are not involved in any way.

[Bob51]

It is fairly common in the industry for cars to be 'retailed' internally for the purposes of meeting sales targets. These are cars which are counted in the VFACTS data of cars sold but they have not been purchased by a customer. The cars remain in stock until eventually bought by a 'real' customer and are often advertised as 'undriven demonstrators' - a contradiction in terms if ever there was one. It is normal for the warranty to commence when it was first retailed internally, not when the 'real' customer takes delivery. The purchase price is usually discounted in compensation.

It sounds like your car is one of these. You would be able to tell if it had been used as a demonstrator by the odometer reading. If its under 20 kms I’d say it has not.

Last September I bought one of these ‘internally retailed’ cars. It had been ‘retailed’ the previous November but had never been driven or had plates attached. The warranty was dated back to November 2011. However the difference in my case was the car came with a 5 year factory warranty at no extra cost to me – so effectively I got a 4 years and 2 months unlimited warranty which is better than the usual 3 year new car warranty. The prior retailing and backdating of warranty was disclosed before purchase.

If you paid full new car price and then had to pay extra to get the warranty restored to 3 years from the date you purchased it then I think you have grounds for complaint. If they discounted the price in compensation for reduced warranty then it was up to you whether to accept or pay more for a different car with full warranty.

[omega31]

What does Skoda have to do with the argument?
The contract of sale, the legal document that any claim would be based on is between you and the dealer. Skoda Australia legally are not involved in any way.

I am referring to the specific Skoda dealership I bought the car from which as it is better not to disclose at this time, saying this and knowing that Skoda sells the car to the dealerships with a contract that re-leaves them of any responsibility it still does impact on the SKODA name and reliability in Australia and would imagine they would like people to know they stand by the reputation all over the world.

"ŠKODA has made the top 5 every year in the JD Power Customer Satisfaction survey"

[omega31]

It is fairly common in the industry for cars to be 'retailed' internally for the purposes of meeting sales targets. These are cars which are counted in the VFACTS data of cars sold but they have not been purchased by a customer. The cars remain in stock until eventually bought by a 'real' customer and are often advertised as 'undriven demonstrators' - a contradiction in terms if ever there was one. It is normal for the warranty to commence when it was first retailed internally, not when the 'real' customer takes delivery. The purchase price is usually discounted in compensation.

It sounds like your car is one of these. You would be able to tell if it had been used as a demonstrator by the odometer reading. If its under 20 kms I’d say it has not.

Last September I bought one of these ‘internally retailed’ cars. It had been ‘retailed’ the previous November but had never been driven or had plates attached. The warranty was dated back to November 2011. However the difference in my case was the car came with a 5 year factory warranty at no extra cost to me – so effectively I got a 4 years and 2 months unlimited warranty which is better than the usual 3 year new car warranty. The prior retailing and backdating of warranty was disclosed before purchase.

If you paid full new car price and then had to pay extra to get the warranty restored to 3 years from the date you purchased it then I think you have grounds for complaint. If they discounted the price in compensation for reduced warranty then it was up to you whether to accept or pay more for a different car with full warranty.

I am not complaining about what I paid for the car and warranty, I am complaining they did not provide me what was agreed.
2.5 original warranty + 2 years I paid $2750 for and got only 1.8 from SKODA. they have not provided me any additional warranty contract or information. I paid this amount as they convinced me this warranty includes everything without any access or km limit during the period.

All my emails and conversations with the dealer have yet to provide me with a written or verbal indication this warranty exists except in the contract which does not provide any details of what is actually covered to confirm what the sales person told me.