Has anyone successfully challenged VW's price increase?

[Bav]

Latest sitrep

The dealer has responded as expected - "A goodwill gesture is not financially possible". They referred to my order coming through Autoebid, so it was high-volume/low-margin business, and that they were invoiced by VW at Dec 2021 prices, so absolutely no margin left for even a token gesture. Still..., they suggested, ...at least you're getting your van at well below today's list price.

I responded with an email saying that I understood all of the above, but according to their own Ts & Cs, they were only allowed to vary the price if they provide me notice and that, given their "your balance is now due" email was the first I'd heard of a £2300 increase, they must not have done so. I invited them to provide evidence to the contrary, or to provide alternative contractual justification for the price rise, but, failing these, that I wanted to proceed with the purchase at the originally agreed price.

The dealer then promptly responded with a "this above my pay-grade - I'll get back to you"-type email.

Latest sitrep

Whilst awaiting a response from the escalation noted in my post above, I took legal advice from a solicitor specialising in contract law (specifically in sales contracts for motor vehicles). This is a summary of what they advised:

• If the originally agreed price was provided in the form of a quotation (as opposed to an estimate), subject to any provisions within the contract of sale and subject to any changes in legislation (such as a change in the VAT rate), that price is legally binding.
• Once the price rise was confirmed by VW and the amount of increase was known to the dealer, it was the dealer's responsibility to inform me as soon as reasonably possible.
• The potential for further price increases does not detract from the dealer's responsibility for informing me of known price increases, as each subsequent price increase would necessitate a further, timely notification.
• In their opinion, the phone call from the dealer where we discussed the probability on a price increase of an unknown amount did not constitute the dealer providing me with required notice of price increase. The dealer would still be required to notify me when they became aware of the amount of the price increase.
• I should exhaust the dealer's internal complaints procedure prior to seeking external recourse.
• If I was not happy with the decision arising from the dealer's internal complaints procedure then I should raise a complaint via The Motor Ombudsman. Provided the dealer is signed-up to the Ombudsman's code of practice (which they are), this would be a non-cost option for me and its decision would be binding on the dealer.
• It may be possible to argue in court that the contractual clause the dealer is relying upon to increase the price should be struck down, but that this was far from a guaranteed outcome. The basis for this argument is that, in the context of massively extended delivery timescales, there is a significant imbalance of risk (i.e. unfairness) between the two parties - i.e. the customer bears the risk of an unknown number of price increases of an unknown amount for factors that are totally outside of their control, yet the supplier bears zero risk.

With the above in mind, when on 20 January the dealer responded as expected (that were not prepared reduce or remove the price increase), I raised a formal complaint and was directed to contact their Group Ops Director. It was obvious from the start that this guy was not interested in engaging with me regarding my complaint and after a couple of emails to and fro, all comms dried up.

In an effort to get a final decision (which I need before engaging The Motor Ombudsman - either that or I have to wait 8 weeks), I emailed him today and asked him what was happening; were they actively considering my complaint or were they keeping schtum in the hope I'd lose interest? Seems it was the latter and I got a "bugger off"-type response.

So, guess where I'm going next...

I'll keep you posted.

 

[Perfectos]

Current Lead time for new van order ?

 

[JOG]

Current Lead time for new van order ?

Licence expiry date plus or minus a year!

 

[Bav]

A few people have previously expressed concern that the dealer would be incentivised to sell the van from under me, were I to continue to mess them around arguing about the price increase. Obviously I wanted to avoid this so, whilst my complaint was ongoing, I paid the full balance (including the price increase) and I took delivery of my van.

According to my legal advice, making payment for and accepting delivery of the van in no way prejudiced my complaint. IIRC, I had up to 6 years to make my complaint (I need to check that figure, but it definitely a number of years).

Interestingly, in yesterday's "bugger-off" email, me having made payment and taken delivery was cited as a spurious gotcha. This just reinforces my suspicion that at no point has their Group Ops Director taken any legal advice regarding my complaint - his kneejerk responses and the vacuous nature of their content barely demonstrate professionalism, let alone provide evidence of legal input.

 

[Perfectos]

A few people have previously expressed concern that the dealer would be incentivised to sell the van from under me, were I to continue to mess them around arguing about the price increase. Obviously I wanted to avoid this so, whilst my complaint was ongoing, I paid the full balance (including the price increase) and I took delivery of my van.

According to my legal advice, making payment for and accepting delivery of the van in no way prejudiced my complaint. IIRC, I had up to 6 years to make my complaint (I need to check that figure, but it definitely a number of years).

Interestingly, in yesterday's "bugger-off" email, me having made payment and taken delivery was cited as a spurious gotcha. This just reinforces my suspicion that at no point has their Group Ops Director taken any legal advice regarding my complaint - his kneejerk responses and the vacuous nature of their content barely demonstrate professionalism, let alone provide evidence of legal input.

this comes to mind !

 

[Bav]

this comes to mind !

View attachment 189669

Quite!

 

[Salty Spuds]

Quite!

A looong time ago, I had a run in with Toyota over a new Hilux I’d bought. It eventually got elevated past dealer level to Toyota UK HQ. I was dealing with a truly horrible person in the “Executive office” and getting nowhere. I eventually satisfied myself that I’d exhausted all reasonable avenues & pressed the nuclear button. I served small claims court papers on the CEO of Toyota UK. The day the papers were served, I got a call, again from the Executive Office asking what could they do to make me happy. Job done. I actually got more than I had asked for right at the beginning of the saga. So their twattery cost them dearly.

 

[Trouts]

A looong time ago, I had a run in with Toyota over a new Hilux I’d bought. It eventually got elevated past dealer level to Toyota UK HQ. I was dealing with a truly horrible person in the “Executive office” and getting nowhere. I eventually satisfied myself that I’d exhausted all reasonable avenues & pressed the nuclear button. I served small claims court papers on the CEO of Toyota UK. The day the papers were served, I got a call, again from the Executive Office asking what could they do to make me happy. Job done. I actually got more than I had asked for right at the beginning of the saga. So their twattery cost them dearly

twattery - a MUCH under used word...

 

[Bav]

Just had first contact from the Motor Ombudsman and seems this route is unlikely to be a quick fix:

"We are currently experiencing delays in getting cases to administrators on new complaints, and it typically takes us at least 6 months to do so..."

That's 6 months before someone even looks at my case. Good job I'm in no hurry then.

 

[Bav]

Quick update...

The Motor Ombudsman service have been in touch to confirm that they have reviewed my complaint and that it falls within their remit. This means that they are able to investigate my case further and the next step is for them to allocate a case administrator. I believe this is where the "at least 6 months" delay comes in, so it could be a while before I provide a further update.

 

[Trouts]

Quick update...

The Motor Ombudsman service have been in touch to confirm that they have reviewed my complaint and that it falls within their remit. This means that they are able to investigate my case further and the next step is for them to allocate a case administrator. I believe this is where the "at least 6 months" delay comes in, so it could be a while before I provide a further update.

great news. will the dealer know/be informed of this??
if so, it'll will be interesting to see how they react?

 

[Bav]

great news. will the dealer know/be informed of this??
if so, it'll will be interesting to see how they react?

Not yet, I don't think. Once a case administrator is assigned, I believe one of the first things they'll do is contact the dealer to get their side of the story.

The fact that a few months might have elapsed before the dealer is contacted probably makes it all the sweeter for me, as by that point the dealer will have assumed that I've long since lost interest/ given up the fight.

 

[Bav]

Signs of Movement...

I've just received an email from the Consumer Team at the Motor Ombudsman Service. They, again, confirm that my case is one that falls within their remit and that they are able to investigate. They have requested a chronological list of the events, a copy of all relevant correspondence and a copy of all applicable evidence (order form, final invoice, etc).

Although they haven't stated explicitly, it would appear that a case administrator has now been assigned, which is significantly earlier than I was expecting given the predicted "at lest 6 months" delay mentioned previously.

Wish me luck guys!

 

[Perfectos]

Signs of Movement...

I've just received an email from the Consumer Team at the Motor Ombudsman Service. They, again, confirm that my case is one that falls within their remit and that they are able to investigate. They have requested a chronological list of the events, a copy of all relevant correspondence and a copy of all applicable evidence (order form, final invoice, etc).

Although they haven't stated explicitly, it would appear that a case administrator has now been assigned, which is significantly earlier than I was expecting given the predicted "at lest 6 months" delay mentioned previously.

Wish me luck guys!

Good luck

 

[Trouts]

aye indeed, good luck @Bav