Which? Legal member Robin Dadson came to us for help after important parts of his new car started to fail.
Robin paid around £21,000 for the Skoda Yeti Crossover in March 2013. By January 2016, when he had only driven it for 13,000 miles, he noticed the rear brake discs were corroded.
The original dealer was no longer trading, so he took the car back to its successor. Both the new dealer and Skoda said the problem was fair wear and tear. Skoda said the replacement wouldn’t be covered by warranty because of the time that had elapsed and it refused to take further action.
Ten months later, when Robin took the car in again for a check-up, the condition of the brakes was such that the dealer suggested Robin replace them. It also highlighted a problem with the Haldex pump in the four-wheel drive. The costs of repairing the brake discs and pump was around £300 each. At this stage, Robin came to our lawyers for advice.
We told him that if you pay £21,000 for a car, you could reasonably expect it not to have major parts failing after three and a half years. So although the original dealer had stopped trading, he could still complain to Skoda.
Robin got in touch with Skoda again, which rejected his claim. However, he persisted and, armed with our advice, took his complaint to a higher level. He was then offered a ‘goodwill gesture’ of £300 in relation to the pump. Robin accepted this and reluctantly paid for the brake disc repairs himself, reaching a solution that compensated him for repairing one of the faulty parts and also took into account his having more than three years’ use of the car.
As Robin bought the car before 1 October 2015, his rights are under the Sale of Goods Act 1979 (for contracts after that date it’s the Consumer Rights Act 2015) which says that goods must be of satisfactory quality and fit for purpose. If they’re not, the customer can ask for them to be repaired or replaced within a reasonable time.
It can be tricky to exercise these rights when there is a dispute between the customer and seller over whether the items failed due to wear and tear or due to a breach of contract. So it’s often necessary to get expert opinions.