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Ubwa

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  1. An update. I got the finance company to pay for the repair! Was not easy and I had to start the legal process, but in the final hour they agreed to pay up.
  2. I have a second quote, although this to me is still adding more unnecessary overhead/time than needed as the repair on offer from the main dealer is unbeatable- as the quote shows. They also have a monopoly on the parts- as no matter who fixes it, they will need to get the parts from Lexus. The fault is also a crack in some metal - it is not complicated. I am at the dealership now awaiting the finance companies inspector. Depending on how that goes I’ll get another done. I have already had an initial report that backs up Lexus but they obviously can’t officially sign off on it without seeing the car which is the next step. I am confused by one thing thing though, I thought the rights exist to protect the customer and prevent me having to fork out the fix, then chase it. If that’s the case, there is no point on the right to repair/reject clause and everyone should just go straight to good old litigation and sort it out at the county court?
  3. Will post what I sent and reply when at a computer, but quick update via phone. they replied back to my email re-asserting my rights and setting of a deadline before I have to pay for it myself quoting the much banded “we have 8 weeks” story and saying if I pay for it myself they won’t be interested. is it worth warning them I am prepared to go to court over this or to just do it? I probably have to at least send a letter before action?
  4. Thanks, and I know you are right - I just spend all my working life negotiating/fighting/being assertive - it's not something I want to deal with in my personal time. While I may seem to come across as not being as hard as I can be ont he matter or meek, I can turn "work" mode on, but I want an easy life and path of least resistance. As if I turn up to level 11 they get their backs up and get more difficult, and then we are in March in a court room.
  5. more than 999 999 miles. Not on this model mind, but I have always owed Toyotas/Lexus's and never had any mechanical issues with them. My other car is a different model with the same engine with 50k miles, and I have had so much as an advisory on it. It's a 2011 car.
  6. Correct. Engine heads are not considered consumable items - I don't think i should be looking for a deduction in cost due to wear and tear - especially since it is not a wear fault.? Life of a vehicle is also subjective. Saying that, its a well known make for reliability, and I know that other people own models from them have gone once round the clock. and still going strong so whats the yard stick?
  7. I explained why - a manufacturing defect from what can be gleaned with it on the car and where the crack is . It is the only instance of it happening on this vehicle in the world to Lexus' knowledge, it was in the dealers interest to find out the cause too. I believe the broken head will be sent to Japan for further investigation, one replaced. No engineer inspection can add to the level of scrutiny it has had or will have. It is in a place where no load or overheating could have caused it.
  8. Not where it has cracked and in the manner it has - the only reason would be a defect in the casting. Its already gone all the way back to HQ and they sent someone to look over and above the dealership technician to have a look. Look at the reviews on the named company, you will see why I said my pub comment. I have no problem with a qualified independent Engineer looking at it. I may even organise one myself from a reputable company.
  9. I can't seem to send you a PM with the email. I don't want to put it on the public domain at this stage, not because I have left anything material out, but because it may compromise my position (not regarding finance company) if I do so at this time.
  10. I thought that was the case, that's not the issue, it's more putting the dealers name in the title, and I know exactly why it was done. I just think it's jumping the gun IMO as I didn't hear from them directly. Then again I put them in the body, which would have had the same outcome more or less. Would you mind proof reading/sanity checking the email before I send it to finance co, please? It can be posted here after it has been settled one way or the other. And again, apologies if I'm coming across insincere - I have just had one of those Mondays, only to have to come back to sort this out.
  11. Thank you for your advice so far, I appreciate it. However, while I don't have a problem with (subjective) reformatting of my posts, adding hyperlinks to keywords, etc., please can you stop editing the content of what I write - in this case, making sure this now potentially appears prominently for anyone searching the purchasing dealer on search engines? It is putting words in my mouth and is just rude. My earlier comments are based on what the dealer told me. Had I known what would have happened, should I have named them, I wouldn't have, as I cannot guarantee the veracity of the claim with my own eyes. I am aware of the basic intricacies of needing to prove law, and how it works in general, and having to prove loss, etc. The only legal recourse mentioned was if I needed to pay for it myself - and if I need to go that way, I will keep a running update here to help others. I am aware I will have to pay for the repair myself before I go down any legal recourse. There are other aspects of the various acts that can also be explored if it appears they are not following their obligations, other than me paying and claiming back. I am not a lawyer, nor have I needed to understand that the legislation does this depth in the past - hence my asking for assistance here. The only reason I mentioned it in passing is that it is the last resort. And again, I don't mean to sound ungrateful for the advice given thus far, and appreciate it, and you have already helped. I feel like we have gone straight to level 11. My current view of this is: It's closer to £9k, having looked at it again today. You may be able to drop £9k at the drop of a hat - but I can't, especially around an already expensive time of the year. And I earn enough to put me in the smaller percentage of the county’s earners. I hated having to type that as it can come across as boasting, but I did it to explain that having that much liquid cash is unrealistic - especially with interest rates what they are. I would have to sell equity, cash out saving etc. This will take time. The only card I have with enough credit limit to cover that much is my company one, which is a no-go. I agree this is taking too long for a simple, albeit expensive fault. It's analogous to fixing a crack in a windscreen. No one would call for an engineer report on that situation to know what the cause and solution was The core driver for me arriving here asking for advice is the additional delay their potential cowboy of an engineering company will introduce. A view reinforced having spoken to them to arrange a date. I am not putting any more exact details or prices at this stage, because I don't want to be any more identified than you already have by changing the thread title. One Google and those with knowledge know exactly who I am, and I don't want to potentially damage relations with the parties on my side by opening a potential can of worms. Law of unintended consequences and all that. In hindsight, I regret naming anyone yet, as this can still realistically be resolved this week. I just wanted to initially come for education and understand my options. Hope for the best, plan for the worst. And to escalate if plan A or B didn't work. To answer: I think I have. I phoned them today again, asserting the complaint was raised as a rejection under section 75 and recorded the call. I plan to follow this up tonight in an email with all the magic incantations and keywords I seem to have to include. However, I would still appreciate it being proofread if I could send it to someone via a PM. This is not because I have left any details out, it is just that it will include details around the repair I do not want to put in the public domain at this time, as it may compromise my position.
  12. Can't edit to add dates. If they help they are 8th July 2021 - car purchased from Auto 100 25 November 20201 - Lexus services car, discovers coolant where there should be none. I tell finance company there is a problem and raise a formal complaint and stated the outcome i would like is for the car to be repaired. 26th November 2021 - Confirmed crack in water jacket, I update finance company. Confirm its ok to leave it where it is. I forward engineers report from Lexus to Finance company 30th November finance company responds to report and forwards to Auto 100 2nd December notify it needs an "inspection". I confirm car is ok to stay where it is. I say I wish to be present at inspection. 6th December told Auto 100 not interested, they will fight them but thats their responsibility not mine. I again confirm if car is ok where it is and what to do in case Lexus start charging for storage.. I am currently waiting on the phone to get a ate for inspection from Scotia Inspections. Dealer will have a technician dedicated to the time they are inspecting the car to make sure no silly buggers are played and to get straight to the fault. I receive repair quote from Lexus
  13. I will add explicit dates to the list. Well since the dealer i purchased the car from appear to be taking the stance of "not my problem" I will name them. Auto 100 in Nottingham. https://www.auto100.co.uk/ The servicing Dealer is a Lexus dealer. I notified the dealer on the 25th there was an as of yet undiagnosed fault and I would update. Fully diagnosed on the 26th and finance company updated on the 26th. Their engineer will be going to the Lexus dealer as realistically they are the only ones that can fix it this side of sanity - and are the best equipped to do so. Auto100 do not have sufficient garage facilities to do the work themselves I believe. I have heavily suggested to the finance company I would not want it repaired by anyone other than Lexus as if it is repaired by anyone else I: Lose the years MANUFACTURERS warranty I get on the car after each service. I am not interested in a third party warranty as evidence shows they are better suited as a form of composting media. I have negotiated a massive reduction in price. It is without a doubt no other dealer can do it cheaper. First reported for this engine in the model car ann the dealer network - worldwide. I must be cursed
  14. It is at the dealer that performed the service that identified the issue. I have not moved it, because even if I wanted to I came drive it now knowing what I do. I told the finance company sitting in the dealership reception. I did not decide to take it for repair to a garage near me. I had no idea this was there until it was shown to me. I have also straight up asked them if they are happy where it is and they said yes. I have incurred no further costs outside the initial service it was due, that I have obviously no intention of claiming back. to summarise facts: I purchased a 2015 car on HP for £31,980 in July from an independent dealer. The car has full main dealer service history and had done 36000 miles Car went in for its 6 year service at my nearest main dealer on 25th November When it came to change the spark plugs, coolant was found in the spark well for cylinder 7. I saw this myself. Could not definitely say what it was caused by (apart from the obvious - a crack) as no one had seen a similar fault so performed more diagnostic tests. I contacted finance company via their live chat informing them of issue- yes I have a transcript. Was told a complaint was raised and they would be in touch. I then went home. when I got home a form had been emailed to me to fill out that asked questions such as what I had done so far, where it is, what resolution I would like and other needless things like was it taxed or insured. I completed and forwarded the form Dealer diagnosed a crack in the cylinder heads water jacket the next morning, causing a slow leak under pressure. The dealer did not charge for the diagnosis. I asked the dealer to email me a report. I then forwarded this to the finance company with an updated version of the form sent the previous day. The following Tuesday I got an email saying they tried to phone me and asking, I quote “I understand you were in the process of getting a Diagnostic Report completed on the vehicle, please can you send this into us so we can forward this on to the dealer to investigate?” To which I sent it again, informing them I sent it the previous Friday I contacted their customer services to ensure receipt, getting through to my case handler appears impossible. They said they had. Not having heard anything I finally managed to get through to my case handler last Thursday. They say they are waiting on the dealer. At this time I said I am raising it under my credit agreement with you to be told “ we do this everyday we need to hear from them” I get an email back, back peddling a bit saying “Further to our conversation, we have forwarded the information and report you have sent in to the dealership <name>. We are jointly liable with the dealership for the issues with the vehicle, however as we don't have a work shop to repair the vehicle, we give the dealership the responsibility and a single opportunity to repair the faults. Once the dealership have reviewed the information we have provided, and we receive a response from them, we will contact you to update you. ” I then received a phone call where I was told they need their engineer to inspect the vehicle, I asked if that was necessary as they already have a report for a pretty simple fault. I was told yes. I then said I insist on being there for it. I also confirmed if the car is ok where it is. I followed up with an email summarising our call and haven’t heard anything since. I don’t want to be bent over here, nor do I want this to drag on. So I am not keen on waiting eons for the local guy from the pub to inspect it then get his mum to write a report which evidence points to being the quality delivered from the engineering company they use. I may be over cynical here but I’ve already had one crappy bit of news so why not more. If I have to pay for it myself then try claim it back I’d probably go down a more legal route. What is a reasonable time frame to agree that the solution is to fix a crack in a lump of aluminium?
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