Advice Please

[greyhound advocate]

Hi Crem

 

I did try to phone and posted on twitter but all they could tell me that it is only tracked on delivery, they couldn't even tell me where the letter was. In addition they said deliveries were delayed due to the adverse weather, seems to me like this is just an excuse for Royal Mail now as there has been no snow for almost two weeks now.

 

I will wait until Friday and if still not delivered, then i will try an alternative to Royal Mail, no fiath in them now.

[greyhound advocate]

It appears the dealer has refused delivery of my letter! I have today sent a second 'final letter before action' by Special Delivery to be delivered tomorrow. I have given them seven days to respond and if they fail to do so then i will just start small claims court proceedings.

 

BTW still not received a response to my request for the service history, rogue dealers or what!!!

[sailor sam]

It appears the dealer has refused delivery of my letter! I have today sent a second 'final letter before action' by Special Delivery to be delivered tomorrow. I have given them seven days to respond and if they fail to do so then i will just start small claims court proceedings.

 

BTW still not received a response to my request for the service history, rogue dealers or what!!!

 

In your LBA, refer to your previous letter which you understand has been 'refused delivery'. Attach a copy of the first letter and state that 'a copy is enclosed for ease of reference'.

 

Make sure you keep copies of proof of postage/recorded delivery docs and a print out of the notification that delivery was refused.

 

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.

[greyhound advocate]

Ho hum Royal Mail as it's best failed to deliver my Special Delivery next day letter to the garage - so much for it's guarantee. The original Recorded Delivery has not been returned, it has been 'lost' in the system - great advert for Royal Mail, not!

 

Ever get the feeling, things just aren't going your way?

[greyhound advocate]

As expected, not a peep from the garage, they have chosen to totally ignore all correspondence so tomorrow i intend to file a claim with the small claims court. It is all compounded by the fact that they have also ignored my requests for evidence of the service history, which i needed to extend the warranty on the car.

 

I wish i could name them to warn other people not to go near them as their after sales is non existent, they just grab your money and run!

[sailor sam]

Work out your consiquential losses (car hire/taxi's/phone calls/admin ect) and don't forget to add the interest to your claim!

 

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.

[greyhound advocate]

Thanks Sailor Sam

 

I have not submitted the claim to court yet. Consumer Direct referred the case to Trading Standards who have been in touch. As u understand it they are going to attempt meidation but i can still see this going to court, the garage seems to be of the opinion they are above the law - to the point they are arrogant.

 

Nothing is ever made easy.

[sailor sam]

To me there is not a lot to mediate. The car was miss-sold, end of.

 

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.

[greyhound advocate]

Not a lot to report since i last posted. Trading Standards wrote to the garage who have failed to respond as yet. If no response is received within 14 days then the garage's lcoal Trading Standards will attend the garage. It definitely seems this garage thinks they are above the law!

 

The garage buys cars from main dealers that are traded in and sells them on, mine came from Arnold Clark and after reading other issues on this forum about them, it doesn't install much confidence in the car, which i bought.

 

I will let you know when i hear back from Trading Standards.

[greyhound advocate]

Well the garage has ignored intervention from Trading Standards, failing to respond to two letters sent to them. The next step is that their local Trading Standards (Fife) will be requested to visit them at the garage - i just feel the invetiable (court) is being delayed now.

[alistair.long]

i see 2 things that the company have done wrong.

 

1 repair the car in a adicute time - they will have to pay if you keep your phone bill to prove you have called them.

2 complete their contract to give you the whole car. As you have not received the service history you have therefore not got the whole deal, you are therefore entitled to a full refund and return the car as the contract of goods is not complete, or have a discount without the service history.

 

Easy claim to win. I am not in Scotland so I hope England law is the same as up there, as I cannot sue a Scot in England & wales court. No Juristiction.

[scaniaman]

You might just be lucky Greyhound. Some TS officers in Fife are quite good and not easily put off. Although they did not deliver the goods on "car related" complaint, they have been successful in settling lesser issues with other traders.

[mightymouse_69]

i see 2 things that the company have done wrong.

 

1 repair the car in a adicute time - they will have to pay if you keep your phone bill to prove you have called them.

2 complete their contract to give you the whole car. As you have not received the service history you have therefore not got the whole deal, you are therefore entitled to a full refund and return the car as the contract of goods is not complete, or have a discount without the service history.

 

Easy claim to win. I am not in Scotland so I hope England law is the same as up there, as I cannot sue a Scot in England & wales court. No Juristiction.

 

Do you also go by the name of Tommy per chance?

[sailor sam]

Well the garage has ignored intervention from Trading Standards, failing to respond to two letters sent to them. The next step is that their local Trading Standards (Fife) will be requested to visit them at the garage - i just feel the invetiable (court) is being delayed now.

 

Unless I missed it, I didn't realise that you were in Scotland. Laws a re a tad different up there (not that there should be a problem in your case I would of thought). I will be interesting to see what TS come back with.

 

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.

[greyhound advocate]

SOGA does not appear to have much standing in my opinion. The garage didn't respond to me, ignored letters from Trading Standards and to date i have got nowhere, the garage are arrogant enough to believe they are above the law.

 

Trading Standards will 'abondon' the case come 31 March 2011 as some Local Authorities have pulled funding with all the budget cuts and it just so happens the local Council in my area is one of them.

 

Small claims court action is now being progressed by me and I have written to the Judge from the Sunday Mail to see if he will get involved. What hope have we got as consumers when the law doesn't punish those traders who think they are a law unto themselves!

[sailor sam]

SOGA does not appear to have much standing in my opinion. The garage didn't respond to me, ignored letters from Trading Standards and to date i have got nowhere, the garage are arrogant enough to believe they are above the law.

 

Trading Standards will 'abondon' the case come 31 March 2011 as some Local Authorities have pulled funding with all the budget cuts and it just so happens the local Council in my area is one of them.

 

Small claims court action is now being progressed by me and I have written to the Judge from the Sunday Mail to see if he will get involved. What hope have we got as consumers when the law doesn't punish those traders who think they are a law unto themselves!

 

Well you seem to have tried everything else so go for it! Don't forget to include interest on your claim.

 

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.

[scaniaman]

Any word from trading standards yet???

[greyhound advocate]

Hi Scaniaman

 

It's turning into a right saga! The manager of the garage contacted Trading Standards last Friday denying any knowledge about the faults with the car. The manager was not prepared to refund the monies for the repairs stating i had not given him fair opportunity to undertake the repairs himself - he would have recovered the car and got it repaired himself. he did say he would think about any refund over the weekend and get back to TS.

 

Needless to say Monday came and after denying receiving my e-mails said he would carry out his own investigation and get back to TS - needless to say i have heard nothing back since then.

 

Strange - didn't know about my letters, e-mails or phone calls, so he says!!! He also took almost two months to contact TS after 3 letters were sent to him. It's all been a total waste of time, don't seem to have got anywhere with Consumer Direct or TS, makes a mockery of the whole law system if you ask me.

[scaniaman]

This is absolutely sick. You haven't named and shamed this "Wide Boy" dealer as yet, but i have been digging away myself, and strongly suspect they are located in west Dunfermline, perhaps with religous undertones in their title??

As for your letters,i trust you have copies and you know now that they should be sent Rec Del. or signed for.

Don't know if it would help, but should you need to email them in future, perhaps consider what i do if emailing someone i don't trust. Either get a family member to allow you to use their email address, and when you send to the garage cc to your family. Alternatively, creat another email address for your self, say using hotmail instead of your normal provider, and again cc to that address. In this case you are actually emailling your self. But in both cases you can prove that email has been sent and delivered to other addresses , so why did he not receive yours??

Sasdly, i think that this is going to finish up with the threat , at least, of court action. Stay with it dear, and best of luck.