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CRA 1/10/15 statutory repair?


NGEddie
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You can't get half a tooth out, it has to be at least one or more or none unless it has a slide adjustable cam gear. They are taking you for a mug.

 

 

So have they replaced the shocker they discovered is warn ?

Shockers should always be replaced in pairs, only a cheapskate would replace one or someone selling.

 

 

You now tell them this has been their last chance and if it is not cured, then you will return if for a full refund.

Edited by Conniff
edited to add in blue
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No this is the performance German place I chose to goto not the seller. He showed me photos of where it was out, he couldn't get the pins in, all set correctly now...but it almost sounds more rattly that ever...FFS!

 

The shocker seems insignificant now somehow.

 

I feel like I've wasted £150.00 now 😐 bloody car!

 

So its proved the timing was out, with an invoice clearly saying so and hows its been discovered along with a knackered shock absorber.

 

How do I claim this back as seller didn't reply to my last three emails?

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They use pins to set the timing into position.

 

I am just writing a letter to seller to either ask for the repairs £ back or to return the car, would really appreciate any help you can give today please mate

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Also just so I know, if I have to take them to court to claim the £ back I believe you said it can be done online?

 

Hopefully I could submit the video, photos and all the email as evidence?

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Also just so I know, if I have to take them to court to claim the £ back I believe you said it can be done online?

 

Hopefully I could submit the video, photos and all the email as evidence?

yes, money claim online ie MCOL re a claim form.

disclosure/submission of court evidence etc wld take place later under the applicable court process.

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Cheers Ford, so you don't have to goto court in person?

 

I'm just going for repair costs now as think seller would be trying to deduct loads for use if tried to return it

not initially, its issued online at MCOL

ok. see if garage agrees to pay first before just issuing a claim.

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They use pins to set the timing into position.

 

I am just writing a letter to seller to either ask for the repairs £ back or to return the car, would really appreciate any help you can give today please mate

 

I'll assume you mean the camshaft locking pin that stops the camshaft rotating.

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Just another thought, I have done just under 2k miles in the three months ive had it. Obviously the garage I chose to sort the cambelt this week picked up the other side shocker was completed knackered. It makes me think was it a dodgy MOT as surely it would have been at least an advise? Also, I was aware it would very soon need to tyres on the front, which the seller said if it failed on would have replaced, but they didn't even advise on these either, could this be useful to me?

 

 

Like is it worth talking to head MOT people and request a re-test? could this be grounds to return it found to be wrong?

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Only if you have measurements of the tread depth before it was tested and the depth was in fact low enough to warrant an advisory.

 

I'm not sure why you even accepted the car with tyres that were due repalcements. You should have pointed that out to the salesman and told him you wanted them renewed before you completed the purchase.

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Actually, I have a report from when they done the tracking at the same time?

 

It was part of the negotiation on the price. Seller said if it failed onTyres he would replace them, so it was more I anticipated they be an advise onthe MOT at least. Made me then think are there other things the MOT test let goas well, just like the shocker

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That's not good, they only have to be 1.6mm and will pass but 50 miles down the road they might not be so then it would be up to you to change them as at the time of purchase they were legal and fit for purpose and you agreed.

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  • 2 weeks later...

Hi chaps

 

 

Two weeks has come and gone since I sent the recorded letter request to the seller for the £ within seven working days I had to pay the other garage to sort the timing, and also advising of the knackered rear shock absorbed...and...nothing. I have the signed for receipt on royal mail tracking too.

 

 

Summary

 

 

Bought car in October, reported after about three weeks there was a rattle and it lacked power. Seller agreed I take to specialist and paid for 30 minutes diagnostics. No fault codes but reported they noise not normal(but didn't know cause)and adjusted the cam timing as out in the thirty minutes they had but not fully.

 

 

Took back to sellers garage, that day, and is the only day since ever FFS! I didn't make the noise as bad so mechanic was saying nothing wrong with it.

 

 

Seller then kept arguing nothing wrong with car on about two emails so f/w report from specialist confirming there is but doesn't know cause...and he didn't .

 

 

Took to another garage for free look at car and noise who found injector leaking fuel so replaced O ring for £2.00 and cured ,who also said sounded like timing not correct.

 

 

Emailed seller three times to advise of this and say I want timing/noise corrected...no replies, the email has a...relayed...report on delivery which came back.

 

 

Had to take to this other garage and pay to have timing checked, found was still out, and corrected at £150.00 odd, also discovered rear shocker knackered as could hear a knocking noise.

 

 

Sent seller recorded letter as above and no reply, just to point out when he received and signed it was just under three months of owning the car.

 

 

So chaps, what now? I said in the letter if he didn't reply it left me no choice but to take him to court.

 

 

Do I stand a good chance of winning? I have video of the noise and also that garage took photos as he done it, useable and needed? I am gonna sell the car now anyway as sick of it and just hate it, I don't think a probably as cant demand an inspection for work already done surely?

 

Cheers and hopefully this shall soon be resolved!

 

 

E!

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hi

how much roughly wld your total claim be for if to court.

how much do you think their counter claim cld be for, if they did one as they suggested they wld.

compare that. then also take into account your court fees. (small claims)

yes, you cld use the garages report.

what did your trading standards suggest, has the seller been reported.

bump also :)

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The work cost about £150.00 I paid for, then he estimated £125.00 for the shock absorber, so I guess its either £150.00 or £275.00.

 

I have no idea what theirs would be? Like what could they even counter claim for? As surely I am in the right n the one being done over?!

 

Would I have to pay court fees even if I won?

 

Id guess he would use his garages report saying nothing is wrong, then I would have the one I paid with photos, plus the specialist who done half a job during their diagnostics.

 

I just need to be 100% sure I have the better chance of winning, like surley it looks bad on him not even replying when I'm stating the shocker is worn out regardless?

 

Cheers

 

E

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you wld get your court fees if you won.

if it can be shown that the shock was out/faulty(not fit) at time of purchase as well, then should be able to include that.

am not sure either what he cld counter claim on. you mentioned that he said he wld claim his garage costs, but he had offered that inspection for free, which found a timing issue, but that timing prob wasnt fully corrected by them?

what does your trading standards say

bump also for others input

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Cheers Ford

 

Well it went through an MOT n they replaced one, do does that mean its a fake one?! So a non starter

 

I'm completely baffled about this counter claim 😐 he said counter claim with costs, so maybe court costs?

To be precise seller said:

Should you choose to start court proceedings I want an independent inspection done by ACE which I will put a counter claim in, along with my garages report and your choice of garage report and with all costs.

----------------------------------

 

Yes he paid a specialist £30 for half an hour diagnostics, I reckon they thought they were being paid to check the timing fully then realised they weren't stopped half way through.

 

Trading standards have it logged but wouldn't assist in an individual case such as mine

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did the mot say which one was supposedly replaced, is that the same as your duff one?

he cldnt claim his court litigation costs, is small claims. perhaps only then the 30£.

an xxx court approved inspection may be required if insisted on, but the cost of such shld be split initially (having both agreed upon one, if not the court may instruct one), the winner shld get their share back on that.

 

bump, anyone else any thoughts?

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Thanks for the link Ford

 

 

The seller had it MOT'd and said 'a' shocker was replaced, the garage I used to correct timing said n/s/r does look new so is o/s/r faulty.

 

 

Hmmm it really is a head do-er, a few days ago I was giving out food to homeless and people in food poverty which makes me feel am I wrong for being so annoyed about this situation when so many people have such worse things going on. However, if no one stands up the little man these damn rip off merchants shall just get away with it.

 

 

As I am just wanting the £ back for timing really which clearly shows was out from the specialist and the garage I chose to fully check and correct, there isn't really anything they can check for?

 

 

Going back to basics, I keep thinking am I missing a trick here as I reported the fault within thirty days of owning, as it has now been fixed all be it from my own pocket I am not sure if that waives the right to reject the car? but seems complicated as its taken three months and 2.5k extra miles on the car? Plus if I did manage to return it I am guessing he would wanting to deduct loads of wear and tear!

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was the shock faulty/not fit from the seller (and shld've been failed on the mot, was it an advisory on the mot), or has it since gone not fit.

yes, it wld've been reasonable for the seller to just have paid you back for the timing repair. it cld even have been sorted under warranty?

am not sure either (am not too familiar with the new con rules yet), but there is a right to reject, if not satisfactorily sorted. i suppose the longer it goes, the less weight that option may have, and then maybe the reduction for use as you (and your trading standards) mentioned.

bump again for further input (noone else has so far looked in!)

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Coniff, I'm out of pocket by £150.00 as had to pay another garage to correct the timing, which the seller did incorrectly when they fitted cambelt before I bought. I asked on email to have it corrected three times, no answers, do had it done n sent him bill recorded in post, he singed for it but no reply, was a few weeks ago. All happened within three months n 3k miles of me buying n initially reported within 30 days of purchase.

 

More detailed summary at too of this page.

 

What do I do now please? Can you advise what seller can counter claim for?

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