Will we be in trouble - faulty pedgero **WON**

[esmerobbo]

Having thought about this overnight the problem lies solely with the dealers. They were in procession of a document that indicated the vehicle had worn front and rear pads, pitted discs and an oil leak. They chose not to rectify these problems and sell the vehicle as it was.

A short while later you had the rear pads replaced after pushing them. [although given the fact that they were so badly worn and the discs were pitted they should have been changed as well]

 

Given they had the vehicle returned to them I am sure they would have gone over it to try and find an obvious fault they could blame the failure on that was not covered. [i only ever worked for one dealership and the first thing we where told was to try and find user faults when warranty's came in I am sure this is still the case] It seems they then took the easy option of blaming you for no oil in the vehicle.

 

Now given the facts and quoting them "carefully chosen professionally prepared ones" while they prepared this one they missed the badly worn front pads the rear pads the rear discs the oil leak and the worn belts you had to have changed. I would think they would have checked the fluid levels? Give them the benefit that they did and that they never found an obvious failure to explain the loss of oil. Then were did the 6.5 or 7.8 litres of oil go in a little over 4000 miles.

 

We have two options it either went though the engine as in burnt [which if it passed its test in June would not have been evident at its test as using that amount of oil the emissions would have been well over] or leaked out. Either option would render the vehicle not fit for purpose.

 

What I cant understand is if I was asked to inspect a vehicle for a warranty claim with a reported total engine failure and I found it had insufficient lubrication then why would I or anyone add oil to it. Also given the fact that you checked the oil before you left, and given the mileage you have covered I assume you have done other longish journeys were I am sure you checked your levels and all was well.

 

A couple of quick questions did you see the advisory before you bought the vehicle? and have you sent the rejection letter yet?

[Crolthtroll]

Hi Esmerobbo,

 

No I did not get the advisory with the documents they still have it. I hope they are stupid enought to produce it sometime in the future should this et to court. Yes the rejection letter was hand delivered and followed up by one sent registered post on 28th. They have acknowledged reciept. On the warranty document it is stamped underneath the heading pre delivery service and hand written across the stamp is levels checked. What really gripes me about these people is the Help for Heroes banner they use to portray themselves as caring proper people, these banners are all over the premises.

 

 

Eli

[esmerobbo]

Seems they care about profit more! I suppose the banners make them seem like a caring bunch!

 

Did the rejection letter list any faults or just reject it as unfit for purpose. They are advertising RAC warranty is yours a RAC or is it their own.

 

The Stamp and written statement looks like the reason their trying to blame you if you look at it. Their PDI/S cant be up to much. At the least it should be a oil and oil filter change,[so oil level should be right] although it should really be all filters [if they haven't cant really call it a service] and any safety aspects [like brakes] and finally any excessively worn items.[like fan belts]

 

Seems to me your case is getting stronger and they really have the only defence of you let it run dry which you know is rubbish. I would try and involve as many bodies as you can Trading Standards, the RAC seeing as they quote them on every advert, and any associations they may belong to.

 

PS Just to let you know why I am taking a keen interest in this I was a sole trader motor engineer for 25 years before I had to pack in though becoming disabled. I built a good profitable business up on doing good work and if I did make a mistake [and we all do] I put it right. It really tees me off when garages sell unfit vehicles or allow poor workmanship.

 

Keep fighting and I am sure you will get there.

[esmerobbo]

If you go to this address you can print off your vehicles MOT history including advisory information.

 

http://motinfo.direct.gov.uk/internet/jsp/ECHID-Internet-History-Request.jsp

[Crolthtroll]

My rejection letter went through each problem and the timescale they happended in, breaks, belts then breakdown also pointed out that the sales rep. said all vehicles were serviced before delivery and I made it known that anything I bought must be suitable for towing a two horse trailer. Refuted the allegation they made re the engine running wthout oil. Quoted them from their web site re the vehicle prep. and gave them 14 days to respond.

 

The warranty supplied was Graylands own on the front it says 'dealer guarantee feel safe in our hands'

 

I have contacted trading standards and have a ref no. just need to send them a letter with a copy of the one that went to Graylands.

 

Thanks for all your input I'm sorry you had to give up as your garage sounds like the type I thought I'd gone to.

 

One thing you can be sure of I will keep fighting all the way to the end, it has helped enormously just getting support from you and this site.

 

thanks

 

 

Eli

[Crolthtroll]

Hi esmerobbo,

 

Thanks for the link, would you mind having a look for me to see what you think of the MOT history it seems this vehicle disapeared of the radar for a while as there is no MOT cert. from Jan 09 to June 2010 or am I missing something.

Here is the Doc. Ref. from the V5C

 

60208480656

 

thanks

 

 

Eli

[blackknight]

Pajeros are not made for towing.

They do not have gearbox oilcoolers or pre drilled holes for fitting tow bars.

Shoguns however do.

[esmerobbo]

Isn't a Parjero a grey import Shogun?

[esmerobbo]

Yes I can see Jan 09 to June 10 no MOT but covered 11000 miles. Can only assume it was out of the country, used on private land, or run without an MOT or off the road for some reason after it covered the 11000 miles. Going by the mileage the Garage that MOTed it done the repairs after it failed. They did not do anything on the advisory list.

[Crolthtroll]

Well it's been 15 days since they received my rejection letter and they have failed to respond. I have spoken to trading standards who are going to contact Graylands in the mean time I thought I might as well get ready to take them to court, can anyone help with the necessary paperwork and were I might get it from.

 

 

thanks

[sailor sam]

You can make a claim via; https://www.moneyclaim.gov.uk/web/mcol/welcome it takes you through the process step by step. Don't forget to claim interest which I think is 8% of your claim. You can claim intetest from the day the car broke down and it contimues to incur untill the date of judgement or payment which ever is sooner. You must include interest when making the claim.

 

I trust your rejection letter gave notice of possible legal proceedings. If not, youi may need to send a 'final letter before action' giving the seller at least 7 further days to respond.

 

By the way, the warranty is irrelevant and does not replace your statatoury rights under SOGA. Your claim is with the seller, not the warranty co.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Crolthtroll]

Hi

 

Just a quick up date, I got my part exchange and money back. :wink:Thanks for all your help

[tiredTraveller]

Isn't a Parjero a grey import Shogun?

 

Yeah - they seem to go a little cheaper than the Shogun. I suspect that might be down to the meaning of the word 'Pajero' (w**ker) in some spanish dialects.