Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #61

    Default Re: Help with a dealer pulling a fast one please

    great thank you!


  2. #62

    Default Re: Help with a dealer pulling a fast one please

    Evening all

    With a view to completing the N180 in respect of the possibility of an Expert Written Statement, we have now contacted two mechanics who state that this is not an uncommon problem and that this switch can become dislodged. (They both also confirmed that this is easily diagnosed and rectified and should not cost 115 nor be the buyers liability in their opinion!)

    As a result, is there any mileage in incurring more costs to pay for a mechanic to examine and state that this problem is not unusual, when the point we should try to labour, is that this problem existed from the outset?

    Furthermore, it was muted that depending on if the vehicle was serviced (and to what extent), the servicing garage would have had to gain access to the faulty area, in order to address the pollen filter, thus could have disturbed it. (If this is relevant; how could we request this info and if so how??)

    Finally as previously mentioned, the Solicitor has already admitted that there was a fault when it was looked at by the garage (commissioned by the dealer without consent nor offer of liability to the buyer)

    My question is; should we avoid a further cost in relation to obtaining an expert witness; by contacting the Solicitor to establish if the vehicle was serviced and if so, to what extent. Do we also point out that as he has admitted there was a fault, would he want to pursue through court rather than paying the garage bill (which he has omitted to refer to and is the whole issue of the grievance!)

    We are happy to push this, but if the onus is on proving the fault was there at the point of sale; is there any reason to incur further costs to either party, in order to inspect the position of the switch and likelihood of familial dislodge!?

    Am I waffling? Does this make any sense please?
    Worried that we may inadvertently scupper our chances!


  3. #63

    Default Re: Help with a dealer pulling a fast one please

    If its not worth going to further expense and a expert witness cant really add anything of value...then you should try to mediate before progressing the claim further.

    We could do with some help from you

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  4. #64

    Default Re: Help with a dealer pulling a fast one please

    Hi Andyorch

    The technician did say however that the pre delivery service (if the service was carried out!), would have had to have removed this faulty part in order to gain access to the cabin filter!

    Also; can I confirm with you about the garage repair bill ....
    So to reiterate, dodgy dealer recovered the car (which by then was unroadworthyicon and illegal) and took it to a garage appointed by him. At no time did he tell her that she would be liable for any costs, nor did he consult with her to advise that the garage had diagnosed the problem and wanted 115!
    Is this bill he is trying to get her to pay, his own contractually, negotiated liability?? Should he not have at least advised her/negotiated & billed her independently?

    I am in the process of writing to the solicitor again, but I am fighting for words to be honest as I don't want us to give up but to continue to court is obviously the last resort and Mediationicon has a cost so if we can settle ourselves; it would be preferable.

    If he would just pay his own garage bill and restart the purchase date, she will take the car back.

    I have started my letter as follows and would appreciate any input:

    "Having consulted with 2 expert technicians and dealers, I will not be effecting a report on the vehicle at this time, as they would not be able to afford any tangible evidence without further information and significant costs.

    Therefore, in order to uphold my complaint that this fault was present at the time of purchase, I require the documentation pertaining to the pre delivery service as this has a direct influence on the the fault as soon as possible."

    Any thoughts please?


  5. #65

    Default Re: Help with a dealer pulling a fast one please

    We are putting YES to Mediationicon on the N180 but are we able to offer our own statement regarding the defence. They have said that she had suffered no loss (but didn't mention he'd referred the cost to her). Furthermore he also admits there was a fault! Finally, do we now ask for the information regarding the pre delivery service (relevant because the service could have dislodged the faulty area) and if so how please.

    We only have a day or two left to respond if anyone can direct please?


  6. #66

    Default Re: Help with a dealer pulling a fast one please

    You dont submit any statements with the DQ...simply tick boxes....the DQ is for allocation to track to transfer the claim to county courticon...directions from the court follow after the DQ IE Statement's and evidence.

    With regards to disclosure....this will be part of the Courts Directions (the next stage)

    We could do with some help from you

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  7. #67

    Default Re: Help with a dealer pulling a fast one please

    Great. So we will tick Mediationicon and we have said yes to a written expert witness in case we can get one! We'll get this off! Thank you


  8. #68

    Default Re: Help with a dealer pulling a fast one please

    I thought you had decided against an Expert Witness Report ?

    We could do with some help from you

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  9. #69

    Default Re: Help with a dealer pulling a fast one please

    We have in view of attempting to prove the allegation that the switch could have been kicked off but the expert witness may be able to state that in order to perform a pre delivery service on the vehicle, the garage would have had to dismantle the faulty panel in order to change the cabin filter so an expert witness may be able to confirm this.

    It is our understanding therefore that the fault could be equally that of a weird (but not impossible) kick, or that the servicing tech did not re-fit the switch adequately. This would then surely but some element of doubt as to where or when the fault was present particularly with a view to ascertaining the condition at the point of sale.

    Furthermore, if he cannot prove the car was serviced, can he also support it's quality in the first place? ..... We don't know to be honest, we are blindly anticipating how a judge may view this either evidentially or pragmatically?!

    At the end of the day; we really are just trying not to be brow beaten by someone who thinks he can bull**** his way out of something he should have put right.

    We are more than up for the fight but don't want to make any further rooky mistakes because we are ignorant. So when we looked at the defendants N180, he had put that he would be using a written witness statement (he made no reference to how much or who, as was requested) so at this moment, we have copied him. It won't be sent until tomorrow so if you think we should do otherwise, we are happy to be guided.


  10. #70

    Default Re: Help with a dealer pulling a fast one please

    Could you uploadicon their DQ redacted .

    We could do with some help from you

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  11. #71

    Default Re: Help with a dealer pulling a fast one please

    bear with..


  12. #72

    Default Re: Help with a dealer pulling a fast one please

    please see attached

    Attached Files Attached Files

  13. #73

    Default Re: Help with a dealer pulling a fast one please

    Thanks...okay well yes you tick it as well for now in case it is required and if the defendant wishes to opt for an Expert Witness Report.

    We could do with some help from you

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