Help with a dealer pulling a fast one please

[AndyOrch]

Looks fine to me...dont head it " without Prejudice "

[lamboboy]

Fabulous! thank you!

[lamboboy]

Good evening Andyorch

We have progress!

After sending the Solicitor the email offering a solution, he has accepted in part as follows:

"

Without Prejudice Save as to Costs

 

Dear 

My client has agreed to discharge the invoice/s previously rendered. Accordingly, there will be no charge to you. This is on an entirely without prejudice basis in order to settle this matter amicably.

 The vehicle will be made available for you to collect. It would be sensible for you to contact my client directly to decide on a mutually convenient date and time.

 I am not entirely sure of the request for a new invoice. For tax and accountancy purposes my client cannot issue a new invoice. Indeed, I do not understand why one would be beneficial to you. Unless you have further points on this issue I think we can put that to one side.

In terms of these proceedings and assuming the settlement has now been agreed, you will be required to notify the Court that the claim is withdrawn. I should be grateful if you would copy me in on any of your correspondence to the Court in that regard. 

I look forward to hearing from you."

 

In this thread, we were advised to re-date the purchase date of the car in order that we benefit from the time allowed to report a fault with it.  The Solicitor is acting dumb on this and I am concerned that I may word it incorrectly.

Thanks Andy

LB

[AndyOrch]

Purchase date still stands as is your right to reject from that date...which I thought you had already give notice...you dont need a fresh dated invoice ?

[lamboboy]

Someone on this thread advised us to request that the delivery date got updated so that it provided some rejuvenated protection term.

This is in view of the fact the initial delivery date was November but the vehicle has been in the dealer's possession since early December. Thus meaning that the 6 months (or whatever is law) should start again from now as she gave it back! 

Have we read this wrong then?

Thank you

[AndyOrch]

But that would depend on what you wish to do now...do you still wish to reject it again in the future ?

[lamboboy]

Hi Andyorch

I hope not but someone on this thread advised us to do this particularly as we are now 4 months on and only used the car for a week of that.

Also, she advised the DVLA that she was not the keeper of the car so should there be some new 'guarantee' of sorts?

Thanks Andy

[AndyOrch]

Well thats something you need to agree with the Solicitor as part of the settlement...I agree that you cant reissue invoices and alter dates...perhaps you didn't phrase it correctly hence the solicitors response.

If a problem is found after 30 days, but within six months of purchase, you can request a repair or a replacement vehicle.

If a fault appears after six months of ownership, it is down to you to prove that it was there at the time of purchase

Now given hes had the vehicle for 4 months without you having access Im sure the solicitor will explain that your rights should be extended

[Surfer01]

If the fault was reported within the first 30 days and it has been disputed,  the 30 days is suspended until such time as the vehicle is repaired to the satisfaction of both parties.  The clock then restarts.  You could have a vehicle where a year or more has passed since purchase and it is still covered within the first six months period under CRA 2015 and can still be rejected after giving the supplier one opportunity to repair, refund or accept rejection.

[lamboboy]

Would this get the point across please? (Please note that we notified the DVLA in December that there was an issue with the vehicle and that she was not in possession of the car)

 

Whilst I appreciate that a new invoice cannot be issued, under the terms of the CRA 2015 I reserve my rights to revert back to your client, should the vehicle fail again within 6 months of the date we agree for collection.

Furthermore, I wish it to be confirmed that the collection date be confirmed as the date I legally become the Registered Keeper for the purposes of the DVLA.

Upon agreement, I will withdraw as advised.

 

Your thoughts please ?

Thanks again

lb

[AndyOrch]

If your read Surfers post above the 30 days is suspended anyway..because you have already reported the fault...when you collect the car and all is well.....the clock restarts and into the 6 months.

 

With regards to the DVLA point thats no real concern to the Solicitor or the seller ?

[lamboboy]

so is there anything left to say or should we just agree to collect the vehicle without any clarification?

[AndyOrch]

I dont think there is providing that Surfers posts is correct

[lamboboy]

ok thank you

[AndyOrch]

Get the car back and providing all is well and only then you can withdraw the claim

[lamboboy]

Ok .  Should we just do this or should we tell the solicitor of our intention to collect first and then withdraw?

[AndyOrch]

No need to tell anyone......you withdraw when your ready..you are the claimant and only you can proceed/conclude the process

[lamboboy]

ok great thank you

[AndyOrch]

Simply respond to the Solicitors last letter and state you agree to the proposals and will confirm once the claim has been withdrawn

[lamboboy]

Hi Andyorch

We have attempted to arrange collection but the solicitor is saying we can't until we withdraw the claim.

Also, we have a letter from the DVLA stating that they transferred ownership back to him on 25th January so how would you recommend we proceed with this now please?

Lb

 

[AndyOrch]

Catch 22 then ....and you can not withdraw until your satisfied the vehicle is all correct and present ...the claim is currently stayed ?

[lamboboy]

What does that mean exactly? Sorry but at present, the defence has gone into court and it's all trundling along still.

Do we stay it? 

 

[AndyOrch]

Its not stayed you have submitted DQs...and gone to allocation...have you had a Notice of Allocation  (n157) yet ?

[lamboboy]

 

No Sir

[lamboboy]

Morning Andyorch,

Sorry to bother you but should we withdraw from the Court or further the process in another way please?

lb