Car Dealer - Consumer Rights Act - MCOL

[AliasOmega]

Evening all,

 

Background in quote

 

We purchased a car, just after the warranty period ended (12 months), the car had a serious fault. We fault was tracked down to an electronic module failure inside the car, which did not last a "reasonable amount of life".

 

Of course, the dealer said "nothing to do with us" therefore we were left to repair ourselves. We removed the cover to the electronic module, to have a peek if it was fully connected etc (simple stuff) however it was good. However, it did have a water mark on it. When we purchased the car, there was water ingress into the car, its a convertible and the speedo had water marks inside it. We suspected that the part has become wet, then contributed to the fault. Its rare for these modules to fail, and funny enough the dealer replaced the water marked speedo under the warranty.

 

Luckily, the manufacturer agreed a "goodwill gesture"so far just leaving us just under £400 to pay.

 

The car has now been fixed and once again the dealer has said "nothing to do with us".

 

 

So, thats the background sorted.

 

We've sent the letter before action requesting a reducing in purchase price to cover the cost of the repair, now were waiting for the 30 days to expire before we progress to MCOL.

 

A swift, standard response received, same as the one above...nothing to do with us....

 

 

Oh the joys of a used car (£9k), outside of main dealer warranty.... will update as we go, win or lose...

Edited November 17, 2018 by honeybee13
Font size in quote box enlarged.

[BankFodder]

First of all, you should tell us who the dealer is. You are the second person today who doesn't give the name of a dealer who is not acknowledging their consumer obligations. Are you trying to protect them?

 

Secondly, the warranty has nothing to do with it. It is all about your consumer rights under consumer protection legislation – in this case The Consumer Rights Act.

 

You have sent them a letter before action. Why did you give them 30 days? You are only required to give them 14 days.

[AliasOmega]

Hi Fodder,

 

The dealership that i purchase the car from is Stratstone Mini in Leeds. We have raised the MCOL claim, and saved it awaiting "submit" early Dec 18.

 

Following advice from Consumer Direct, we were to give them 30 days plus this buys is time to get all the ducks in order (paperwork scanned into pdf's etc).

[AliasOmega]

Hi BankFodder,

 

Just popping into let you know that i have submitted the MCOL against the motor dealer.

 

I shall update you as we go along.

[AliasOmega]

Update - No response received to MCOL, or offer of payment. Judgement Requested.

[BankFodder]

Great. Well done

 

As soon as you get the judgement, start enforcement. Don't hang around. You didn't tell us how much the action was for. Was it for more than £600? If it was then you should get it transferred up immediately and have it enforced by the high court enforcement officers.

 

This is easy to do but make sure that they guarantee you that if they don't manage to enforce, then you won't be charged a fee. All fees have to be taken from the defendant.

[AliasOmega]

Evening,

 

I have filed for judgement, I have noticed that I have put "Stratstone Mini Leeds" instead of "Stratstone, T/A Stratstone BMW Leeds, T/A Stratstone Mini Leeds".

 

I have a slight fear that the dealer will say "that's not us" however every letter has reached them, when I Google "Stratstone Mini Leeds" and the website says "StratstoneMiniLeeds" they will it's not them. Ironically, the main Stratstone website has them as Stratstone Mini Leeds..

 

If this is the case, we can ask the court to ammend the name, and reissue the judgement on the evidence (screenshots) that we have...

 

Many nothing to worry about...but it's an escape route..

[AliasOmega]

 

The total amount so far is £422. That's not enough to meet the £600 requirement.

 

Link to main dealer site - https://www.stratstone.com/dealers

 

They are on Page 2, I've attached a screenshot of the address details

[AliasOmega]

Hello again,

 

A bit more digging, I have noticed this.

 

"Alloy Racing Equipment Limited trading as Stratstone MINI Leeds. Alloy Racing Equipment Limited is an appointed representative of Pendragon Finance & Insurance Services Limited which is authorised and regulated by the Financial Conduct Authority. Registered Office: Loxley House, 2 Oakwood Court, Little Oak Drive, Annesley, Nottingham, NG15 0DR. Registered No: 00901017 Registered in England & Wales"

 

Does this mean i need to change the name -

 

Alloy Racing Equipment Limited

T/A Stratstone Mini Leeds

T/A Stratstone BMW Leeds

[BankFodder]

I would just settle down and wait for the judgement to be issued. I suppose when you try enforcement then they may try to raise the issue with the name – but it seems to me to be only very marginal technicality.

 

However, maybe you should be a little bit more careful about these things.

 

I notice that in a previous post you said that you had been to Consumer Direct. Consumer Direct were abolished a few years back – so who did you go to? And who on earth told you 30 days anyway? Is a load of rubbish

[AliasOmega]

30 days ~ I feel like I want to say Citizens Advice, it was given via the telephone.

[BankFodder]

Well you've been here since 2007. What's the matter? Don't you trust us?

[AliasOmega]

Hi BankFodder,

 

No, not at all. They were the first people we contacted and forwarded a template letter. 14 or 30 days has no effect on things, although it just drags things out.

 

So far we are at the point of "Judgement" issued. I now believe that the CCJ has been awarded, and it will remain off the record if settled within 30 days? After this, it's in file. The only way to remove this would be either through setting aside, or through a consent order.

 

From the outset, we only wanted the car repaired and have only claimed for the repair cost; we have not claimed for postage costs, travel to/from dealers, interest etc. If we knew it was going to be dragged out this long, maybe we should have.

 

As an act of kindness and not wanting to waste valuable court time, we have recently emailed the dealer before we progress to the warrant side of things as this increases cost to £499; it appears they "didn't receive any paperwork" which would/could/should be a default reply...and now forwarded onto the "legal team".

 

I think I have until the 30th January before I can move to a warrant. That's CCJ Issue date (27th Dec) plus 30 days and gives them 2 weeks to settle etc.

 

Were not out to disrupt business etc , just wanted our car repaired under the Consumer Rights Act, which was denied.

[BankFodder]

So I'm getting confused. Have you got a judgement against them? If you have then why on earth are you waiting for 30 days? You should be putting the bailiffs in straightaway.

[AliasOmega]

Hi BankFodder,

 

Yes, you are fully correct. I should go straight to warrant, and forward onto bailiffs. I have researched which company to use.

 

The MCOL website indicates that "Your judgment against XXX was issued on 27/12/2018 at 19:13:32".

 

This indicates to me that the CCJ had been awarded, and we can progress onto the warrant portion. I can enter the details within the MCOL site, it is just waiting for payment.

[BankFodder]

I have to ask again, where are you getting all this 30 day stuff from? 30 days for a letter of claim. 30 days from the date of the judgement.

[AliasOmega]

Hi BankFodder,

 

Your right, I do not need to wait.

 

Sorry, it's been 10+ years since I last used MCOL.

[BankFodder]

then you should be reading up so that you know your way around instead of getting your way through 30-day periods for no reason at all.

[AliasOmega]

Thanks for your help.