GolfGTIforum.co.uk
General => General discussion => Topic started by: Teutonic_Tamer on 01 March 2007, 16:13
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Anyone have any legal experience, or can point me in the right direction.
I'm having probs with the stealer, and my new Mk V GTI.
Rgds
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What's your problem mate?
In the days before we were big enough to have someone dedicated to consumer issues I used to deal with the legal ones.
I realise that was the other side of the coin but still means I needed to know the law.
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Bought a brand new factory ordered fully speced GTI, from dealer, say "X", in Sept last year. In with agreed purchase deal, dealer "X" colour-coded the front and rear bumpers, and the lower side sills. They also agreed to supply certain VW accesories at trade price.
Had quite a few problems, with both the car as built by VW, and the aftersales service by said dealer.
Just before Xmas, I was told that the owners of dealer "X" were selling the business as a whole, and that the new owners, say dealer "Y", would be carrying on the business exactly as before, from the same premises, with the same customer base, served by the same dealership staff.
The car has repeatedly been back to both dealer "X", then "Y" with exactly the same problems - I repeatedly get told they fix the problems, but they are exactly the same as before!
I wrote a firm letter to the DP, before the statutory deadline of 6 months, clearly stating my concerns individualy, detailing the problem and their rectification attempts for each item. I also stated the car "as is", in breach of the Sale of Goods Act. I also stated that the work carried out by the dealership to rectify the probs, but never actually succeding, was in breach of the Supply of Goods and Services Act. I further made a claim for compensation.
The DP wrote back, basically stating the car was covered by the VW warranty (which it obviously still is), but they denyed any responsibility for my "legal" concerns. He stated that dealer "Y" had purchased the assets from dealer "X", but denied responsibility for any liabilities, instead stating that I personally need to chase the previous owners.
Now, I am fairly conversant with the general consumer laws I quote above, and have even previously obtained a full refund in a faulty brand new car previously. My big question regards the relevent "company" or commercial laws - my understanding is that when someone purchases the "asssts" of an existing company, they also purchase the "liabilities" too!
Who is right on that issue, me, or the new stealer. If I am right, or wrong, what would be the next course of action to escalate the issue.
I would dearly love to name and shame the stealer, but only if we reach stalemate, or non-resolution of my valid concerns.
Thanks
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Generally speaking when you purchase an established business you also purchase the "goodwill" or in your case the "badwill".
If they are to continue trading as a dealership they must uphold and rectify valid warranty claims regardless of whether they originated before they owned the company.
The rule here is to show that you took all reasonable steps to rectify the problem before resorting to law and make sure you have everything documented.
My first course of action would be to put your complaint to VW themselves as although the new owners should really sort it out if the problems are due to faulty manufacture then under EU law you now have recourse to the manufacturer.
Having said that if your complaint is only due to faulty workmanship carried out by the original dealer not connected with manufacture you may have a different battle.
Really need to know the specifics of the problem before I can offer any more help.
pm me if you don't want to air your dirty washing on here
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Well i work for a company that deals with gaining compenstaion for people from banks and Independent Financial Advisors and as most of you know lots of them merge and get taken over all the time, but from what im aware in dealing with IFA's when someone buys company "X" they more often than not have just bought the client base and servicing rights to "X"s customer policies but they dont take on liability for any advice given etc so depending on if it was a plc or ltd company the complaint is either sent to the FSCS or one of the directors of said company "X".
But thats just in finance so it could be different in manufacturing.
Danny.