Jump to content


  • Tweets

  • Posts

    • Please bear with me here i shall try and make this short but with all the detail, but i need help ASAP as there is limited time allowed for this process. I have been with my company 4 years and have advanced through the technical ranks to my current position,  we have an annual report which goes from 0-4 and for three years i have never scored lower than a 3. I was promoted to the role i am in now as an area quality assurance lead and the location was for the NE ( i live in the NW) eventually a similar role became available for another role in the NW. I asked my line manager if he minded me applying for it and he had no issues, i applied sat the multi stage interview and was given the role. My role is now classed as "at risk" of redundancy as we are moving from 4 regions to two which means they are also moving from 4 roles to two roles in my position. Two people are considered safe and myself and another at risk, my question is what is the criteria to separate safe from at risk . In the documentation received from my company it is below, i have zero issues and i know cv against cv mine wins, i was even selected by the company as a company mentor because of my experience in engineering and leadership. This is a closed group of maybe ten people and i am the only non senior executive included.    ·         Performance and Behaviour : I have zero behaviour issues, no issues with performance from my current line manager.  ·         Performance Improvement/ Disciplinary Records   : Zero disciplinary's and no performance issues, in fact my line manager on record has said I'm forthcoming ·         End Of Year Rating : Issues explained below Now my line manager was leaving the company and he did tell me "there was some politics involved with you getting that role, the city build manager and head of area build had promised it to their lead engineer (something they had no right to promise as it has to go though the process ) anyway from day 1 it became very clear that i would not be accepted for this reason within their community although i did just try to help them achieve quality and specification as that was my role. After a few weeks it became very apparent as to why the role had been promised to their man, i found issues where properties had been signed off as ready to accept subscribers when they were not ready (for bonus and stat reasons) and several quality issues i discovered which we could remedy and improve our productivity (unfortunately this would highlight that these issues had been there and not dealt with) My new head of area build (part of this trilogy of him, city build manager and lead engineer)  clearly did not want me there (for the reasons stated) but paid lip service, i had highlighted that i needed to walk off some structured with our canter of excellence counterparts ( as this was part of my role to link in with them for national issues) and he responded by saying i am not to walk them off, and that we have sufficient engineers to do that task (by saying this he could make sure that the engineers would take them round to structures that are A not the ones i have highlighted, and B would have very minor issues) This battle went back and forth over the months where i tried my best to build up the relationship with  them, my attitude was ok you have made some mistakes here, but we are all a team and even though you have hidden issues i can help you remedy them and hopefully we can do so and keep them off the radar,  but they just never did, So moving forward to October last year (2023) this is getting near to annual review time, now i had helped the company out massively by working a substantial amount of weekends and nights to fix issues, and i said i would take most of the time as TOIL ( as agreed with by my previous head of area build) this was 30 days. My current head of area build said i needed to put my leave in as it had been flagged as having a large amount. When i did input the leave (it would result in me taking all of December off) he was unhappy with me and was extremely curt in his responses as he could find nothing on the system for my TOIL , i explained the situation, my line manager would ask if i could work the hours, i would, and when i wanted leave he would authorise (we had an good working relationship, he was an excellent manager) he ended up going to HR to ask their advice and a teams call was set up with myself, head of area build and HR, it was confirmed by HR that it was a company error, when you want to input TOIL there should be a dropdown option in the leave menu and one of the options would be TOIL, this had not been setup on mine. So the company authorised the leave explaining that this should have been done and hadn't, i did say that this is the way it had always been and pretty much everyone on my team then operated this way, TOIL had never been discussed and none of had this option available. So i entered my leave from 4th December - 2nd January,  My line manager was an outside contractor and was leaving the company on the 15th December. On my return i found that we had a new head of area build, it would be a temporary position as they were not going to fill the position permanently and he would be covering his role (Scotland) and this role (NW). I contacted him to say that i had not received my end of year report yet and when would this happen as i had not sat with my line manager tor mine. A little over a week later my HoAB and i had a teams call, it was a introduction meeting and end of year report, he said that he had received feedback from the outgoing manager and he had given me a 2 (i have as explained before never scored lower than a 3) he asked hoe long i had been in the current role (just over a year) as this grade can mean you are new to the role and need a little supervision, haven't built up relationships with stakeholders etc. So he explained what my grade and bonus would be and if i had any feedback, i explained that this was unfair, i had proof that i had not met my targets (i say targets as there were never really any set, but going from emails and conversation we have had, and the job description) i had even created Powerpoint presentations which were very complex into how our network works from beginning to end  as there was distinct lack of knowledge here and i am a lead trainer / assessor (this btw he was extremely impressed with) He did say he had spoken to people in the centre of excellence which o believe was the head of operations, and he did look confused as to the disparity in feedback from them and the original manager that wrote my report. I contacted HR to raising my concerns that i had not sat with my line manager to go through my report,  had i had the chance to do so, i could have rebutted anything said as i had proof of my achievements even though he had set no defined targets, i could prove that i had been extremely active in identifying and remedying issues, HR did come back to me and these are their comments  1) "Your rating was submitted by your manager at the time xxx xxxxxx and he should have carried out an EOY review with you. The rating would not have been provided in this review but feedback should have been shared" [this never happened] 2)  Initial ratings where then discussed and reviewed during a calibration process (for your team) this will have included HOABs and RDs. During this session ratings can be challenged and changed. I can confirm that your rating was not changed as a result of this session and it remained at the rating that xxx submitted. 3) xxx did provide thorough feedback to xxx xxx in a handover so if not already done so it may be worth speaking with him to understand that feedback further.   4) In terms of reputation and the concern you share – ratings are not made public and are private to each individual. 5) And this first line obviously is incorrect " As far as i can see this would be the only separator they could have measured me on to separate safe from not safe, and if so the company did not follow its own procedure. My current line manager said " an error had occurred as you had not received the option to  sir with your manager for your review, and the company needs to make sure this error does not happen again) Well then they are admitting there was an issue and it needs remedying not sweeping under the carpet. All of this is documented. To remind the rating of a 2 is not a concerning grade. Please see descriptor below Generally, needs little supervision but does on occasion require direction/supervision. Does not always anticipate changes to the work environment and could adapt more quickly. May be seen as a strong performer in certain situations or by some audiences but may not perform at that level in all situations. May need some development or guidance to carry out some elements of role. May not consistently demonstrate the right behaviours. May have been on Performance Improvement during the year but has since shown strong improvement        
    • Also, what is the value of the dress and have you refunded the purchaser?
    • Simon Case was at the Covid inquiry yesterday. Finally. ‘Eat out to help out’ launched without telling official in charge, Covid inquiry hears | Covid inquiry | The Guardian WWW.THEGUARDIAN.COM Simon Case, who was responsible for Covid policy at time, calls Boris Johnson’s Downing Street the ‘worst governing ever seen’  
    • I think for the moment you will have to wait for the return of the dress to you And then take some decent photographs which will show the damage very clearly. You will have to provide these to parcel to go but also you will need them as evidence for the court if that's the way this matter goes . Let us know when you get the dress and you have the photographs. It would be helpful to see the photographs here. In the meantime I suggest that you start reading as many of the stories on the subforum as you can manage in 2 or 3 days and that means quite a lot. In particular read the pinned posts at the top of the subforum which will explain the principles involved which you will probably have to use if you bring the matter to court. When you have done the reading, when you have received the dress and when you have the photographs then come back here and we can go to the next step      
    • Solid blocks of text are very difficult for people to follow and especially when they are using small screens such as telephones. This discourages people from giving you the kind of help that you need. Please will you make sure that your posts are properly spaced and punctuated in future.  I have done this one for you on this occasion
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Advice/Guidance- Bought a Faulty Car **Updated**


Top Dog
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3272 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

I've just had a response from the trader in it he claimed that I travelled the distance for the car as I knew it was good value (which is incorrect as I paid £400 over the book price on the belief it was a 'stunning' car as described by him) and also the fact he gave me a good part -ex for my old car(admittedly he did £600 more than the book price, but other traders were also offering over book price valuations for part ex for their vehicles). Is this relevant?

 

He also stated that the car is 6 years old and has done over 100000 miles hence everything isnt as as new, which I accept, but that doesnt mean that I should have to accept his car with some faults (and these are big faults if they were small I would have have just taken the hit)?- esp as he did not disclose any?

 

He also talks of the fact hes already spent £600 repairing already and that he spent £250 on my part ex (well so I'm led to believe- I have no way of verifying this) and states that I was happy with the car when I took it back (which is incorrect he left the car at a petrol station to collect as the garage was closing and I needed the vehicle).

 

Finally he says he is willing to investigate the faults and discuss the findings with myself and it would be helpful if I can get something in writing to help point them in the right direction of where the faults are ( I suspect he wants me to conduct a further diagnostics at my cost-like I did before).

 

To be frank I am sick of all this - the car is sat on my driveway undrivable and has been for almost 4 weeks and I dont trust the guy as he doesnt seem like he is willing to repair the faults and wants to 'discuss' the findings.....

 

I want to now send him a letter to state that I am not satisfied with his response and will have the car repaired myself and sent him the bill. Am I still within my rights to ask for this? or Do I have to be seen as 'reasonable' and go back to him (200 miles away) even though I've already given him the opportunity to repair?- as he is offering to investigate?

 

Can someone help me with my letter if I post it here (I will remove any sensitive info)?

Link to post
Share on other sites

Hopefully Sailor Sam will find his way here shortly as he is good on the letters.

 

As far as repairs go, you will be seen as within your rights to get the car repaired by your garage as you have already had the car to the seller for repairs that have not been succesful, the fact that the seller is some distance away and that the car is in your opinion undriveable - just be aware as mentioned before that in doing so you will be deemed to have accepted the car.

 

I'm sure you are aware that whatever the bill amount the seller will probably dispute at least some of it, but it would appear to be the quickest and least stressful way of resolving the situation, even if financially it may not end up being the most cost effective.

Link to post
Share on other sites

I've just had a response from the trader in it he claimed that I travelled the distance for the car as I knew it was good value (which is incorrect as I paid £400 over the book price on the belief it was a 'stunning' car as described by him) and also the fact he gave me a good part -ex for my old car(admittedly he did £600 more than the book price, but other traders were also offering over book price valuations for part ex for their vehicles). Is this relevant?
Nope, not one bit. He obviously didn't sell you the car under duress, so his statutory obligations remain intact.

 

He also stated that the car is 6 years old and has done over 100000 miles hence everything isnt as as new, which I accept, but that doesnt mean that I should have to accept his car with some faults (and these are big faults if they were small I would have have just taken the hit)?- esp as he did not disclose any?
Nail - Head.

 

He also talks of the fact hes already spent £600 repairing already and that he spent £250 on my part ex (well so I'm led to believe- I have no way of verifying this) and states that I was happy with the car when I took it back (which is incorrect he left the car at a petrol station to collect as the garage was closing and I needed the vehicle).
:violin: :violin: :violin:

 

Finally he says he is willing to investigate the faults and discuss the findings with myself and it would be helpful if I can get something in writing to help point them in the right direction of where the faults are ( I suspect he wants me to conduct a further diagnostics at my cost-like I did before).
:???: and what happens when he doesn't agree with the findings? More time wasting... :roll:

 

To be frank I am sick of all this - the car is sat on my driveway undrivable and has been for almost 4 weeks and I dont trust the guy as he doesnt seem like he is willing to repair the faults and wants to 'discuss' the findings.....

 

I want to now send him a letter to state that I am not satisfied with his response and will have the car repaired myself and sent him the bill. Am I still within my rights to ask for this? or Do I have to be seen as 'reasonable' and go back to him (200 miles away) even though I've already given him the opportunity to repair?- as he is offering to investigate?

 

Can someone help me with my letter if I post it here (I will remove any sensitive info)?

 

No need for the sensitive info, I'll give you an outline and you can just add/tweak the relevant info yourself:

 

Dear Mr XXX,

 

Thank you for your letter dated [date].

 

I am rather disappointed in your reply, which doesn't address my issues as a buyer, which I detailed to you in my previous letter. Instead, you choose to go on how hard done by you have been, none of which is frankly my problem. MY problem is that I have paid a lot of money for a car which doesn't function properly, and that the trader who sold it to me seems to be dragging his feet when it comes to upholding my statutory rights.

 

So as to avoid further prevarications, let me set out clearly what I expect you to do:

 

a - to come and collect the car from [address] within the next 7 days, at your expense, and take it back to your garage/repair shop.

b - to carry out all necessary repairs, at your expense, promptly and properly, so that I am not inconvenienced for any longer than strictly necessary, AND that if problems arise (obtaining parts for example), you will keep me informed regularly with the reasons for the delays.

c - to return the car to me, at your expense, as soon as it is fixed.

 

Please note that none of the above is meant to be taken as behaviour consistent with having accepted the goods as defined under SOGA 1979 (as amended), but merely the chance for you to provide an adequate remedy. Should the car subsequently fail again, please let's be clear that I will have no hesitation in rejecting the goods and demanding a full refund, plus associated costs.

 

I understand of course that you have the choice of remedy, and if you feel that the cost of transport, repairs etc... exceeds the value of the goods, then you have of course the choice to refund me in full (including the part-exchange value of my previous car) and recover this car instead (I think we can both agree that a replacement, the 3rd choice of remedy, would be time-consuming, inconvenient and unsatisfactory for either of us). That is your right under SOGA and I await your decision in the matter, in either case, I expect a response from you detailing your chosen course of action within 7 days of this letter.

 

Should you fail to respond positively, then I will have no choice but to ask my local repairman to deal with the repairs, and will then ask you to pay for these repairs, as well as incidental costs such as hire car etc... through the court system if necessary. I point out that this will still not mean that I accept the car and should it fail again, I still reserve the right to reject and get a full refund from yourself.

 

Yours faithfully,

 

[sign]

 

 

*****************

 

 

Ok? :-)

Link to post
Share on other sites

Thanks Brazilian/Bookworm your help is greatly appreciated, I will respond with the letter that Bookworm suggested which sounds good.

 

Helios- the car is a bmw 04 plate 320d m sport which had done 107k mileage.

Link to post
Share on other sites

Hi All,

 

I've just had my 3rd letter from the trader who states that its down to the consumer to bring the vehicle back to the dealer and states that if I was closer he would have borrowed a truck and bought it back...Do I have to take the car to him again as he is offering to inspect (not fix)? Even though I've taken the car to him before?

 

he then goes onto speak about how much of a good deal it was for me as he paid me £600 more for part ex of my old car against the book price (which is true) but he also had his advertised £400 above the book price, so it wasn't a bargain by any means....especially now its had all these faults....

 

He then talks of that he is a one man team and cannot provide the level of service I am requesting (ie to bring my car back to him)....-this maybe true but he has 15 cars for sale with the highest priced car at £15k (including a porsche) -not sure how relevant all this is.... Am I still within my rights to request this as he failed repairing the car successfully the first time?

 

He then states if the car is unsafe to drive now its obviously a wear and tear fault and not an 'inherrent fault' as I drove it back and it had an MOT at the time....

 

Hes asking me to bring the car back and he will diagnose and we will sort something out between ourselves amicably (I doubt he will from how hes approached the whole affair), he states he is sending all his correspondance to consumer direct to avoid future complications and he has now given me a 2nd opportunity to bring back the vehicle......Again do I have to take back?

 

Basically its a repitition of his previous letters and nowhere in the letter does it appear like he will repair the issues I have.....My concern is I believe this will end up in court and I dont want it to appear to the judge that I was being unreasonable (as the trader states hes now given me 2 opportunities to repair, even though his first one was not suficient), as I have been anything but and I have incurred the additional expenses with diagnostics/tracking/travel inconvenience etc....

 

Its been over a month and we seem to be arguing over points in the letters.....

 

Can someone help with a response to this?- I used Bookworms letter earlier which was great...Bookworm?

Link to post
Share on other sites

Hi All,

 

I sent the trader my final letter early this week stating I will seek a repair myself and want him to reimburse the costs also if I've stated this does not take away my right to reject the car should it develop a fault.

 

I've booked the car in BMW today for a diagnosis of the faults and it went in today.

 

Surprisngly I get a text from the trader today (hes been reluctant to discuss over the fone or by text in the past stating he wants to do it in writing) asking for exact odometer reading? and Asking for a pic? Whats this got to with anything??

 

Firstly I cant do this as its in the garage and secondly should I do this? (as hes been unhelpful in the past).

Link to post
Share on other sites

  • 4 weeks later...

Hi all,

 

Latest update: I've had the car repaired locally and in total its cost me around £1200! (I've kept all receipts used different garages for diagnosis/repair and kept all the old parts). The trader has been in touch suggesting that I didnt give him an opportunity to verify the fault independantly to which I argued its been almost 3 months since I bought the vehicle yet you didnt do that he also suggested that even if I went to court I would get less than half what I paid??- is this true?

 

I've done some reading and it appears the trader can argue 'betterment' for the parts (ie new wishbone bushes/glow plug relay engine mounts) therefore do you think its reasonable if I offered to accept 75% of the total cost? (or should I accept 50%?)- I know this is subject to opinion but want to get a feel on what the average person would consider reasonable... ideally just want to get on with my life and not have this additional stress.....Even though half of me feels the trader shouldnt get away with what hes done.....but its been a stressful few months already and I've hated every moment of it....

 

If the trader refuses to pay (which I suspect he will) I will then send him a letter stating he has 14 days before I file for small claims action.....at this point can I charge interest on the amount claimed?-if so how do I work out how much to charge?

Link to post
Share on other sites

It's certainly satisfactory for the dealer to fit used part, but to expect a 'real' garage to go hunting bits from breakers yards is over the top.

I think you will get all you ask for as you can argue that you have given him every oportunity to do the repairs and he failed to do so.

Link to post
Share on other sites

  • 1 month later...

All,

 

Latest Update:

I've just submitted my claim via MCOL (yesterday) as I had not heard anything since my final letter however I just received a letter in the post today from the trader stating that the delay was a result in bad weather (prob true due to bad weather in UK recently).

 

He argued that even in the event he lost the case he would counter-sue me as my part exchanged car required some work that he had to do before selling, there was slight dent to the driver side rear which was obvious at point of sale and I pointed out to him....However he also claims it required new brakes, which I'm totally unaware of and he has receipts of the work he conducted? I've got no way of proving this other than taking his word for it.....Can he counter sue?- he goes on to say that I will end up with a CCJ which will affect me purchasing a property blah blah blah

 

He is then stating he would offer me half the price of the works if I sign a pre-prepared statement that I do not contact him if anything else is to go wrong with the car.....I am thinking of accepting on the basis the whole legal route is a headache and time consuming.....Do you think this is a reasonable offer and treat this as a lesson learnt (at least I get half of my costs back?).

 

Thanks all for your help in this so far....

Link to post
Share on other sites

  • 4 years later...

Sorry its been a while since I last updated this thread but I've receieved messages which I haven't been able to respond to given my lack of posts to date :-S.

 

The outcome of my story was:- once the dealer received the summons he had his solicitor send me a letter and we reached an agreement where he paid for the bulk of the cost (tbh I should have held out for the whole amount but the whole drama was emotionally draining and I just wanted to move on).

 

Lessons Learnt- Don't let these traders shirk their responsibilities, they have legal obligations which they must fulfill. Don't let the whole court thing put you off too much (I would have had to travel to Northampton each time from london- which would have made it difficult). You must also be reasonable (ie if its a small cost not worth the whole drama/effort/cost). Also a bit wiser when it comes to repairs too :-).

 

Finally wanted to thank all that contributed to this thread and helped as tbh I would not have gone through with it if I didn't have the support/encouragement here and generally its made me more challenging (not just accepting it as 'tough luck') when things have turned faulty as a consumer (I often quote the SOGA!-the wife cringes everytime lol).

Link to post
Share on other sites

  • 2 weeks later...

Reading this post with interest as I am in a similar situation. In my case, the trader will not even acknowledge I have any rights in law.

 

Thanks for posting your result back, and well done for sticking it out. It is only with people like you prepared to make the effort that traders will think twice before ripping people off

Link to post
Share on other sites

Reading this post with interest as I am in a similar situation. In my case, the trader will not even acknowledge I have any rights in law.

 

Thanks for posting your result back, and well done for sticking it out. It is only with people like you prepared to make the effort that traders will think twice before ripping people off

 

 

If you are interested in getting help to put right your problem, say so and I will give you your own thread and you can tell us your story.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...