VW finance cancellation

luke1989

Regarding your comment jimjames i am not so sure. The emission figures they published are based on lab tests and not reflective on real world conditions that’s the point.They used false information at the point of sale. They have to bring the car into line with the emissions figures published at the point of sale without effecting the performance or feel of the car (not a mechanic but cannot see how this can be done) or offer a refund

Dont see any other way

BeenThroughItAll

luke1989 wrote: »

I am currently in the same position and haven’t had a response from the letter I have sent below so have raised this with the finical ombudsmen to see if I can get any ware I will let you know.
[FONT=&quot]Dear Skoda Finace,[/FONT]

[FONT=&quot]Account No: xxxxx[/FONT]

[FONT=&quot]Sales of Goods Act 1979 & Misrepresentation Act 1967 [/FONT]

[FONT=&quot]On 00/00/0000 I entered into a Hire Purchase agreement with you for the following:[/FONT]

[FONT=&quot]Skoda Fabia -ZZ0000ZZ from name of garage
[/FONT]

[FONT=&quot]I now have a problem with the goods:[/FONT]
[FONT=&quot]The emissions published based on vehicle and used at the point of sale are incorrect,
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I would like to argue the goods are not as described and any changes made to the vehicle in a bid to rectify this issue must not affect the feel and performance of the vehicle as these were factors all used during the point of sale.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.[/FONT]

[FONT=&quot]Yours sincerely[/FONT]


[FONT=&quot]xxxx
[/FONT]

luke1989 wrote: »

Regarding your comment jimjames i am not so sure. The emission figures they published are based on lab tests and not reflective on real world conditions that’s the point.They used false information at the point of sale. They have to bring the car into line with the emissions figures published at the point of sale without effecting the performance or feel of the car (not a mechanic but cannot see how this can be done) or offer a refund

Dont see any other way

Presumably, YANAL?

luke1989

No i am not like i said waitng for feedback from financial ombudsman and will let you know seems pretty clear cut to me.

The challenge is going to be
1. Proving changes made to the car in a bid to rectify issue have effected performance/feel of car

Yet to see what they are going to and not a mechanic but speaking with my local garage only thing I can think of is remapping the car and that would change the feel of the car and go against goods are not as described.

2. Proving the Emission’s figures published at the point of sale were based on lab tests and not based on real world condition again goods are not as described

luke1989

Not trying to give advice here, just letting other people know what I have tried to do about it. To me it seemed important to make my intentions clear within the first 12 months of purchase for some reason.

BeenThroughItAll

luke1989 wrote: »

2. Proving the Emission’s figures published at the point of sale were based on lab tests and not based on real world condition again goods are not as described

You don't need to prove that. All emissions and fuel-consumption figures published in the UK are, and have been for years, based on standardised European rolling-road testing, performed using tightly-controlled parameters in a controlled environment.

worried_jim

luke1989 wrote: »

Not trying to give advice here, just letting other people know what I have tried to do about it. To me it seemed important to make my intentions clear within the first 12 months of purchase for some reason.

What car would you now buy instead? I am keen to hear your thoughts.

Hintza

BeenThroughItAll wrote: »

You don't need to prove that. All emissions and fuel-consumption figures published in the UK are, and have been for years, based on standardised European rolling-road testing, performed using tightly-controlled parameters in a controlled environment.

So bear no relationship for all cars by all manufacturers.

k3lvc

luke1989 wrote: »

I am currently in the same position and haven’t had a response from the letter I have sent below so have raised this with the finical ombudsmen to see if I can get any ware I will let you know.
[FONT=&quot]Dear Skoda Finace,[/FONT]

[FONT=&quot]Account No: xxxxx[/FONT]

[FONT=&quot]Sales of Goods Act 1979 & Misrepresentation Act 1967 [/FONT]

[FONT=&quot]On 00/00/0000 I entered into a Hire Purchase agreement with you for the following:[/FONT]

[FONT=&quot]Skoda Fabia -ZZ0000ZZ from name of garage
[/FONT]

[FONT=&quot]I now have a problem with the goods:[/FONT]
[FONT=&quot]The emissions published based on vehicle and used at the point of sale are incorrect,
[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I would like to argue the goods are not as described and any changes made to the vehicle in a bid to rectify this issue must not affect the feel and performance of the vehicle as these were factors all used during the point of sale.[/FONT]
[FONT=&quot]
[/FONT]
[FONT=&quot]I understand that under the above legislation, it is your responsibility to resolve the matter and would therefore ask that this is done within the next 14 days.[/FONT]

[FONT=&quot]Yours sincerely[/FONT]


[FONT=&quot]xxxx
[/FONT]

Do please keep us updated with VWFS response - the summary of which I would expect to say that no figures that have been published to you and on which you could base your decision to purchase have changed. At the point at which there is a decision to remap or similar unless there's a change of VED banding or significant (measureable) performance change I suspect you're clutching at straws which may explain why the lawyers aren't yet on the case to every UK VW driver for a class action

BeenThroughItAll

Hintza wrote: »

So bear no relationship for all cars by all manufacturers.

No relationship to the real world, no. Theoretically, however, the results should allow comparison between tested vehicles.

luke1989

I suppose it ultimately depends on what they are going to do to bring it in line with advertised emissions at the point of sale before any real action can be taken. If they do go down remapping route this is surely going to leave me with a sluggish and slow car that was not the one sold to me in the test drive.

Seem very unfair to offer any thing less than a way out if you ask me.