Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[Laura Cooke]

Asking on behalf of a relative who does not have the internet

 

bought a 2005 4x4 vehicle 31-10-14 from garage in Derby

 

they delivered it 3-11-14 paid £2,700 for it and was given £300 for his vehicle

it came with a months warranty,

 

relative kept hearing a noise

 

7-10 days after sale he went to a local garage with it on 18-11-14

after keep ringing the garage he bought if from and

keep being fobbed off when asking to speak to the manager.

 

Local garage booked car in to have a look at it 24-11-14 and

made a report it has a constant light on dash board for the air bag,

gear box on its way out flooded with oil,

clutch going,

brakes faulty/sticking,

car differential problems.

 

Whenever relative keeps ringing garage he bought vehicle from

he gets fobbed off they told him to bring vehicle back

but car is not roadworthy according to local garage that as inspected it.

 

Rang consumer direct

they said to keep ringing garage and demand to speak to the manager

and tell him want a full refund as they have sold him vehicle that is not fit for purpose

and that he does not want a replacement etc

 

relative cannot get this far with only speaking to sales team,

not been advised to write to them.

 

Advice what to do to secure a refund and to get garage to come and collect this vehicle,

relative now as no vehicle for work and will have to go out this week and buy another vehicle.

[f16]

Out of interest ...... Did you use a "Card" to pay ?

 

If so you may be able to use "Charge back".

[letsgetitsorted]

think they will need to write to the garage,

send recorded,

saying what issues are there with the car,

enclose a copy of the report from the local garage,

 

 

i think they will need to give the garage 2 options, repair or refund,

they will need to set a deadline from delivery of the letter (example 14 days)

failing to deal with will bring a claim in the small claims...

 

sale of goods act is your friend here

also have a read of http://www.norfolk.gov.uk/view/NCC094699

 

hope that helps...i am sure others will be here shortly to add/ confirm and clarify

[Laura Cooke]

Thanks a lot

 

Consumers Direct said there was 3 options

 

relative does not trust them to carry out repairs just mask them

they neither want a replacement vehicle either because they said they do not trust them to sell them a road worthy car,

 

they want a full refund,

 

been reading reviews from other disatisfied customers

 

they do not make tasteful reading this company is shocking shame they did not read the reviews prior to buying.

 

Got the Directors name off internet tonight

 

is it worth trying to shame him?

 

as it is obvious the selling team is fobbing relative off the manager is never available and as not returned any calls.

 

Will send letter is 7 or 14 days have to allow them?

[Empay89]

Can I ask which garage it was as it's probably coincidence but I have just bought a faulty car from a place in Derby

[Conniff]

Rang consumer direct

they said to keep ringing garage and demand to speak to the manager

and tell him want a full refund as they have sold him vehicle that is not fit for purpose

and that he does not want a replacement etc

 

 

Consumer direct have got that wrong. A rejection 'must' be done by letter or it can be completely ignored unless the seller says he is happy to do it verbally. Send your letter of rejection by recorded delivery.

[Laura Cooke]

Sent letter by recorded delivery stating vehicle is not roadworthy and listed the faults along with independent report from local garage stating condition of the vehicle, telling them they had 14 days to respond, someone rang day after and told relative to return vehicle to the garage for repair, relative stated vehicle parked up as not road worthy and that they wanted full refund that they had not faith in them to repair the vehicle and as the vehicle was delivered to relative from Derby that they should come and collect it back and take it back there and give full refund not heard anything since

[Conniff]

Wait out the notice you have given them and if you have still not heard from them, then send them a letter before action and give them another 14 days saying action will be taken on the completion of 14 days without further notice.

 

But only if you are willing to try the courts.

[Laura Cooke]

Understand what you are saying thanks, wrote to person who had vehicle previously, she sold the vehicle to buy a car.com this year this is not the garage who my brother in law purchased it from the previous owner said the air bag light was on when she had the vehicle and it had the gear box problem too, so the garage never carried out these repairs before selling it again.

 

Hope it does not go as far as the courts but yes prepared to go that far, Trading Standards rang Friday and said they hope the garage sees sense as they keen to see them shut down they say they ae inundated with complaints

[Conniff]

The problem with this type of outfit is that when things start to become a problem, they just dissolve it along with all the problems and debts and then start again under another name. You would be wise to check out the owners personal details so if it comes to it you can name both the company and the owner.

[Laura Cooke]

Yes I got the directors name and judging by the feedback off other customers and checking out their background they are very bad and do change the business name and go under, Trading Standards said they want to shut them down.

 

The company is Derby Car Centre Ltd the directors address is listed as Pride Park Derby sent letter to him and head office and the garage the vehicle was purchased from.

 

 

Brother in law purchased it blindly after seeing it on line he purchased it without inspecting it or anything they delivered it and took is old vehicle away in part exchange which had not test as it was in a shocking state needing an enormous amount of welding which my brother in law made them aware of 3 days later the vehicle was sold to another company for around £1,700 no way could it have gone out with the work done and a full mot. I also said the mistake was made by paying cash something I never do

[Conniff]

The problem TS have is they cannot shut them down, all they can do is speed up their demise and reincarnation as a new business. The law in this country is an ass, it allows anyone to start a business, rake up debts, sometimes into the millions, and then just close the company having paid not a penny from the debt and call themselves something else, open up and do it all over again.

Any business owner who dissolves a company should be stopped from holding a directorship or being a proprietor for 5 years. I know they will probably just hand it over to the misses or a friend for a few quid, but it would be a start.

[Laura Cooke]

Totally agree why should innocent people suffer because of these people law needs changing bought a lap top a few years ago it proved faulty shop did a moonlighter and declared himself bankrupt then started up somewhere else even holding on to repairs from the last business not right at all

[Laura Cooke]

Advice greatly appreciated company ignored all correspondence and calls keep going to voice mail, relative as asked if I can sort out a small claims filling it in on line I have put in the date money owed from put this as the date purchased then it says date you issued claim put 12th of this month down now you have to put in claim amount will this include the price of the vehicle, the cost of storing it, the cost of interest added on and the court fee? then what amount of interest do I put in as the daily rate up to date of judgement?

 

After you type up a short statement underneath is amount claimed is this figure same as the one you put at the top of the claim it maybe that the court fee is calculated automatically so no need to add it to the amount claimed?

[citizenB]

Laura, I have moved you over to the legal forums as you are considering issuing a claim (and amended your thread title to reflect this) . Purely an administrative move, but you should see some help soon

[citizenB]

Here you go..

 

 

The MCOL system takes you through each stage....you need to make the claim particulars short and concise (then issue separate in depth particulars manually)this must be worded in the particulars.......Interest is applied at 8%...again that is done for you by Northampton but again you needs to include the wording in your particulars...court fees are added separately...not in the claim amount..but the grand total amount

[Laura Cooke]

Needing advice please to do a small claims on line partially filled it in but no idea how much to put in as total as it as racked up with vehicle having been in storage at £9 a day from November till May 2015. Trading Standards have not been too helpful they have visited the garage many times and all they can say is take it to the small claims, the vehicle was collected back in May and the garage as not been in touch last thing they said was "When we sell it we will refund minus the storage costs as we do not agree to them and minus any depreciation in the vehicle"

[Conniff]

You claim for the full amount you paid for the car and for the other garage to look at it and give you a report they charged for that exam.

 

With the seller saying what he has, you need to get this claim in as soon as possible.

 

Trading Standards only acts on the behalf of consumers in general and not individuals. If enough complaints are receive about a business, they will then go and take a look. Complete waste of time if you ask me. They are more interested in visiting shops to see if they are selling tobacco brought in from France.

 

This car would have been bought at auction so even though the buyer gets a chance to examine, they can't take it for a drive, that is the chance they take at auction, but once owned by them, they have every chance to test drive it. These type of garages are not interested in repairing faults, that cuts into their profits.

[Laura Cooke]

Thanks can I make no claim for the storage costs or any costs for writing/telephoning etc?

[Conniff]

Unless he makes a counterclaim for the storage costs, then you haven't as yet paid any.

If he should try that, the judge will see through him.

[Laura Cooke]

Sorry for all the questions but though the storage costs have not been paid someone will have to pay for the storage how will this be done seeing as it is a considerable amount

[Conniff]

Where exactly is the car and why November to May ?

Who is asking for storage charges ?

[Laura Cooke]

Relative owns the vehicle it was purchased November 2014 became faulty told garage to fetch it back sent official letters both ignored purchased a replacement vehicle so no tax or insurance on faulty vehicle sent garage an independent inspection report and told them to collect vehicle as it would have to go in storage due to nowhere to park it with having no tax insurance on it. Garage kept ignoring emails, phone calls and stalled stating they had not received letters, or inspection report etc though everything was sent recorded delivery and signed for. Vehicle was eventaully collected in May this year and they have never been in touch to say what is happeneing we managed to get in touch briefly and they said if and when they sell the vehicle they will refund minus any depreciation and minus the storage costs of which they refuse to pay as they state permission should have been sort to have placed it in storage

[Conniff]

Have you sent them a formal rejection ??

Was it by recorded ??

Did they sign for it ??

 

Have you been on the Royal Mail site and copied the signatures ??

[Conniff]

Have hidden some non relevant post to clean it up a bit.

 

Would you like to send me the name of the garage by pm so I can check a few things out please ?