Skoda blocked delivery of new Superbs to buyers who purchased via broker

[firebits]

I’m looking for advise on how the Consumers Rights or Sale of Goods Act may help me and many others who currently have had the delivery of their new cars blocked by Skoda UK.


I ordered a new Skoda Superb 1.4Tsi DSG SE-L from a broker, new-car-discount.com, on the 29th of February. I ticked many options, paid the deposit and the order was accepted and processed via NCD’s Skoda dealer, whom they are acting as an agent for. I received notification that the car had arrived in the UK on 9th of May and delivery to me was organised to take place on the 6th of June. I received an invoice on the 25th of May which included Chassis and Registration numbers of the vehicle. I then however received an email as below on the 27th of May:


Really bad news I’m afraid. With immediate effect our discount terms have been stopped from Skoda, the dealer who was supplying us shouldn’t have been supplying us and Skoda have got wind of it and pulled the plug meaning we are no longer able to supply the car.
I’m really sorry about this and know it will be very frustrating, especially after the long wait – for us as well as we have taken numerous orders.
We are in negotiation with another dealer to get more discount terms which could take a couple of weeks but whether or not we can negotiate the same level of discount I’m not sure..

I have asked accounts to refund your deposit in full and again please accept my apologies.



I contacted Skoda UK Customer services who inform me that the cars had been placed on hold whilst they investigate what has been taking place. Apparently the dealer was supplying the cars via their fleet sales and not retail meaning far greater discounts. Today Skoda are still deciding whether they are going to honor the deals or not. Many have been affected, and like me, left without a car. However, I have also contacted the supplying dealers fleet sales department who are still quite happy to sell me the car, but at nearly £4000 more than the original price agreed.


Skoda have agreed that I am their customer. They accepted the order, built the car and shipped it to the dealer in the UK. So my question is are they legally obligated to complete the sale at the agreed price and does the Consumer Rights or Sales of Goods Act provide me with any protection on this?

[R0b]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

Before considering the CRA, have you checked the terms and conditions? Any reference to Skoda's terms and if so what is contained in them?

[firebits]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

The T & C's are on NCD's order form but they are not very useful other than to state they won't be held responsible for anything. There is certainly no warnings on how the vehicle is obtained or information on who the dealer is but I did manage to track the dealer down and confirm that they have this vehicle.

[des8]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

"Skoda have agreed that I am their customer. They accepted the order"

Do you have this in writing, or recorded if it was in a telephone conversation?

[firebits]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

They did explain at great length in a phone conversation that I am Skoda's customer, but I have nothing recorded to that effect.

[Kati]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

NCD terms - https://www.new-car-discount.com/terms
FAQs - https://www.new-car-discount.com/faq

[des8]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

Your contract is with Auto Union Finance t/a NCD, and any action available to you will be against them, not Skoda.
The contract to supply the ordered vehicle (assuming the T&Cs on their website are the applicable T&Cs) contains the following clause:
""3. Deposits
a. ...................
b. If we fail to supply the vehicle to you because of a failure on our part to carry out our obligations under our contract with you ...........we will of course return your deposit and will be under no further liability whatsoever to you. ""

Whether or not that would be considered an unfair term, and therefore not to be relied on if you were to bring an action for specific performance, others better qualified might like to comment!

[firebits]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

Thanks for the feedback, much appreciated. Skoda called again yesterday, they reaffirmed that I am their customer and that a further update will be supplied on Friday.
What appears to be going on is that Skoda and the supplying dealer have been in discussions for 3 weeks atleast now. The dealer refers to Skoda being in discussions with the “rights holder”, and Skoda say they are in discussions with the dealer. I think that Skoda UK are trying to get the dealer to honor the supply of the cars to us, but not at fleet discounts, hence the ongoing negotiations. NCD aren’t mentioned, Skoda UK have only referred to them once to state that NCD won’t have anything to do with the supply of the vehicles.
Does the supply of goods via a proxy (this case NCD) relieve you of statutory obligations? Does this relieve the dealer of the obligation to supply the car at the agreed price, they know what the agreed price was, they made the order.

[des8]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

You have a contract with NCD, and it is for them to supply the vehicle.
NCD do not appear to be agents for Skoda, so I wonder why Skoda keep assuring you that you are their customer. I suppose they don't want you purchasing another vehicle while they sort out their agents!
IMO NCD should supply the vehicle at the price agred, but if they are unable to honour their contract you should be able to source the vehicle elsewhere and NCD should make good any difference in cost to you.
However they do have that "get out" clause.

But wait to see what Skoda sort out.

[firebits]

Re: Skoda blocked delivery of new Superbs to buyers who purchased via broker

I have received a statement from Skoda on this as below:

We understand you may recently have received a communication suggesting that ŠKODA UK has cancelled certain customer orders because of discounting. We wish to clarify the position and reassure you that ŠKODA UK has not cancelled any customer orders
(either for this reason or at all).

We are, however, currently investigating the legal status of certain third parties which have been involved with ordering ŠKODA vehicles. The purpose of the investigation is to ensure ŠKODA UK complies with its legal obligations. Whilst this may have affected trade with such companies, we hope to find a way to be able to process all properly placed orders as soon as our investigations conclude.

You are free to use an intermediary to negotiate/conclude a purchase on your behalf and/or arrange finance (in either case purchasing through one of our network of approved ŠKODA retailers) and our investigation is not aimed at preventing any such lawful activity

We have not been informed of any customer details and therefore we have been unable to be pro-active in contacting any customers. If you have placed an order you think may have been affected by this issue, and wish to obtain further information, you may contact us on 033 300 37504.