Hi Guys, this is what I've presented to the court, and after a hearing today Ive been told I have to spend another £455 for another hearing and an expert mechanic as a witness. Hoping someone can give me advice as I'm nearly 2k down the drain and Im a full time carer for my disabled girlfriend and cant afford to keep fighting if theres a chance of losing.
8th December 2016
Bought VW Polo from Motors for £500 cash plus £400 trade-in value for my girlfriend's Vauxhall Corsa.
Mr R inspected the Corsa and told us that in it's current condition it was worth £400 (which he reiterates in his defence).
The Polo that we purchased was for sale at £995, and I asked for a discount because the car I had originally looked broke down before the test drive, a similar Polo priced at £500.
Mr Ralph advised us towards the Polo that we did purchase, stating that it's current price was a reflection on its quality and good condition, which led us to believe it wouldn't have problems such as an oil leak.
Motors has a mechanic on site, Mr D, and no faults were disclosed to us so we turned down the offer of a new MOT, bringing the cost down by £50 – the price of an MOT, but insisted on a warranty.
I test drove the VW Polo and that went smoothly, but after purchasing it, it broke down approximately 100 yards from Motors.
I sent my girlfriend back to Motors for assistance. Mr R had left the premises before the point of sale, and his mechanic, Mr D, followed her to where the car had broken down.
Mr D drove the car a short distance, just around a roundabout and back, and stated that the car just needed petrol as it had been stored on a slope, and the road we had broken down on was uphill also. He advised us to put petrol in to the car ASAP.
On the way home, as soon as I went above 30 mph, the car began to stutter and the engine cut out.
My girlfriend and I heard loud bangs that seemed to come from underneath the car.
We cautiously drove it home, as we weren't far from home at this point, but booked the Polo in for inspection with W MOT
– a garage that my partner and I trust and have used for years.
Their next available appointment was 14th December 2016.
14th December 2016
Upon W MOT inspecting the Polo, they advised us of 3 faults; the offisde drop link was worn, the offside cv boot was split and there was an oil leak from the sump pan.
They advised us that the car should not have been sold in this condition and to speak to the trader immediatly to rectify the problems.
We spoke to Mr R, who asked us to return the car to G Motors.
When we explained that we were hesitant to drive it such a long way in it's condition he suggested that we take it straight to the repairing mechanic
– a friend of his named S at Fauto. We agreed to this, and Mr R said he would speak to S to arrange the appointment.
15th December 2016
I called Mr R's mobile several times for an update on when the repairs would take place.
He replied that we could go that day, but when we arrived at Fauto, S was only aware of two of the three problems
– he did not know about the oil leak.
He agreed to fix the first two problems but as the oil leak would be expensive and time consuming he said he would need to speak to Mr R before agreeing to undertake that work, and that it wouldn't be done that day.
We called Mr R, who did not answer, so we sent a text message explaining that S couldn't fix the oil leak from the sump pan for another week and wanted to confirm the repair with Mr R. Mr R later got back to us explaining that he had booked the Polo in for repair on the 20th December 2016.
20th December 2016
I took the VW Polo to Fauto for repair, and left the car with S awaiting notification that it was ready to be picked up.
21st December 2016
I text S to ask when we could collect the car as he had advised it was an hour job and had had the car overnight. S told me to collect the car the following day – the 22nd.
22nd December 2016
I picked the car up from Fauto. It was still cutting out on the drive home. I contacted W MOT whose earliest appointment was 5 Jan, due to Christmas and New Year.
5th January 2017
I took the car to W MOT who told me that the sump pan was still leaking and was saturated with oil.
They told me that it had not been replaced since they last inspected it but had been hastily fixed with sealant, which wouldn't be a lasting repair.
I text Mr R to arrange a second repair with Fauto on the 10th January.
10th January 2017
I awoke suffering sickness. My girlfriend text Mr R apologising and explaining that we could not keep the appointment with Fauto but asked if we could rearrange (despite that she is able to drive, she suffers anxiety and is a nervous driver and had not yet driven the Polo at all so wasn't confident or comfortable in driving it to Fauto). Mr R did not respond.
16th January 2017
After seeking guidance from Citizens Advice and Trading Standards, I sent a letter to G Motors stating that I was unhappy with the repair and would like to exorcise my right to reject the Polo with a full refund given. I gave Mr R 7 days to reply and received no response in this time frame.
24th January 2017
Upon receiving no response from my letter, I text Mr R giving him until the 27th of the month to reply, stating my intention to pursue legal action if he continued to ignore my communications.
25th January 2017]
I received a letter from Mr R dated 24th Jan.
He stated that I claimed the oil leak was an MOT failure – I did not.
He also states in this letter that the car was taken to an independent garage, but in fact had told us that S at Fauto was a friend of his, so not entirely independent.
Mr R states that the repair was carried out and that I called him claiming a 'very small leak' was still present.
I have never described the leak as such.
I stated the repair did not seem to have been carried out and that the sump pan was still leaking (as can be seen on the printed text messages).
Mr R also states that a car of 15 years old with the Polo's mileage is likely to have defects. Upon purchase I was told it was in good condition and he did not make me aware of any defects, which by law he is required to do.
I sent a response to Mr R reinforcing my reasons for rejecting the vehicle – primarily the safety of myself and other road users – and asked if he was a member of an ADR or willing to enter mediation.
2nd February 2017
Mr R responded, claiming again that we had not let him know that we would not be able to attend the 2nd repair yet admits receiving the text message on the 24th January (Both messages show in my girlfriend's iphone as delivered).
Mr R refused to enter mediation and stated that he was not a member of an ADR. He claims that the corsa that we part exchanged failed its MOT on a major oil leak – yet the official record from the gov.uk website does not acknowledge this on that cars MOT at all.
Mr R offered to unwind the deal, claiming £460 work had been done on the corsa, and that he would return the corsa minus that amount
– effectively offering to return the corsa and £40 to us.
He advises me against court in this letter, stating that an undiagnosed oil leak is not an MOT failure or a major fault.
I question the adjective 'undiagnosed' as the leak was diagnosed by W MOT, which I have written proof for, and surely acknowledged by Fauto seeing as they had attempted to repair the problem.
20th February 2017
I responded to Mr R's offer and made a counter offer of £500 refund, stating that he could keep the corsa. This offer was made in an attempt to have the matter ended and dealt with, as my girlfriend suffers extreme anxiety and depression and an ongoing court case would not benefit her health, or indeed mine.
1st March 2017
Mr R responds, rejecting our offer and instead offering us £400. He states that if this isn't acceptable, the Polo must be available for inspection once we apply for a court date. He has not inspected the vehicle at any time to this date.
2nd March 2017
I submitted the online application to the courts along with the required payment of £70.
24th May 2017
Mediation was attempted but was unsuccessful.