EMC car sales of Bagshot - 30 Day Right To Reject - Vehicle Casualty Report

[Bassman74]

I sent this today to the dealer.

 

I'm still waiting on the gearbox report, and should have it within a few days.

I really wanted to move on it now.

 

After having contacted Autotrader ( thanks Fred ! ), it was revealed that the vehicle was not sold as described.

 

See below for details..

 

"As per your letter dated 8th March, 2019, please see attached quote for repair from a Gearbox Specialist.

 

This estimate is based on an inspection of the gearbox on the Specialists premises which took place on 20/03/19 ( after having the vehicle NM** *** taken there for inspection ).

 

It is noted that the vehicle has a major mechanical issue with the automatic gearbox, and will require nearly £3000 of remedial repair to rectify.

This has been caused by poor maintenance prior to my purchase.

 

The partial service history shows that the gearbox oil has not been replaced in nearly 120,000 miles.

An engineers report, from same facility, is forthcoming and will be forwarded to yourselves directly.

 

I would also like to draw your attention to the following points:

 

Please see attached email from Autotrader.co.uk, showing your original advert. In it, it is stated:

1 years MOT

Full Service History

Excellent Condition

The following is actually true of the vehicle:

MOT until 18/07/19

Service history until 2015

Major fault as described above

 

I was also sold a “4 Star” warranty with the vehicle. Having received the documents in the post, I have actually received a “3 Star” warranty.

 

As a supplier, you have failed to provide me with a product that is..

1.       Of reasonable quality

2.       As Described

3.       Fit for purpose

 

Please refer to my previous correspondence in regard to your legal obligations regarding this matter.

 

Please confirm by return that you will refund me, within 14 days, the full purchase price of £3700 for the vehicle and that you will arrange to collect it.

 

My next correspondence to you, not including the Gearbox Specialist report which is forthcoming directly, will be to issue a Letter of Claim, where I will add significant interest and inconvenience costs to the purchase price"

[BankFodder]

On the basis of what you have said here, I think you have quite enough to issue a letter of claim now. On the basis of their advertisement it is obvious – as you say – that it is not as described.

Send them the letter of claim and then on day 15 issue the claim for the return of your money plus any additional expenses plus interest

[Bassman74]

That's the Letter of Claim sent now.

It was a very brief letter, as I feel I'm in such a good position now, and don't think I need to repeat what I've already written to them.

 

But yes, my vibe is not great about this situation.

And I have noticed the multiple company names.

 

Another reason I wanted to act fast.

My two weeks at home in Scotland were torture, as I could do nothing about the situation from so far away.

 

So angry that I couldnt switch off and appreciate my family, such was the worry..

[Bassman74]

Received a letter back offering £2250 for the car. They suggested that their own engineers deemed the car to be of sound quality when it left the dealership. Absolutely no mention of the misleading advert at all..

 

I have sent notification of commencement of court action, as I have grounds enough even in absence of any specialist report. Should I still send them the engineer's report when it comes in, despite it not being required ?

[BankFodder]

Yes, standby your grounds. Certainly send them the engineer's report. Did it cost you anything? If so you need to add that to the cost you are recovering in the court claim. Invite them to submit their own engineers report

[Fred clause]

I think if you declare it as evidence on your claim you have to if they request it. 

[Bassman74]

Could I find myself with a problem if I haven't given them a chance to consider the forthcoming engineers report from myself ?

The Engineers are very busy and can't get the report written up at the moment.

 

Also, when you talk of their own engineers report, do you mean them carrying one out remotely ?

[BankFodder]

We have already said that your circumstances are good enough to reject the car and to bring a court action.

The engineers report is really just extra. If you want to wait then go ahead and wait. I have to say that it does concern me that you have an engineers report which apparently is not being written. Are you paying for this? I'm afraid that this sounds warning bells to me.

You're the one who mentioned that they have referred to their own engineers report. That means they must have carried one out. That means it must be available – so call their bluff and tell them you want a copy.

[Bassman74]

That's the form filled out, sent and paid. I've made a mistake on the form though. I stated the car has only 3 months MOT, when I should have written 4 months. I'm assuming that this is not a big issue ?

[BankFodder]

When you say "the form", which form are you talking about?

[Bassman74]

The MCOL Court form..

[BankFodder]

19 minutes ago, SavoyTruffle said:

That's the form filled out, sent and paid. I've made a mistake on the form though. I stated the car has only 3 months MOT, when I should have written 4 months. I'm assuming that this is not a big issue ?

 

Well it's not a very serious error but it doesn't do you any favours and it makes you look sloppy and it gives them something else to argue the toss about.

 

 

1 minute ago, Fred clause said:

Was your car not sold you with a fresh MOT? Form would be the money claim for small claims. They are quick at sending the claim on to emc I had a reply in hours. With an extension to the 14days and then one from EMC stating that I was operating outside of the cpr rules, not telling them of the I dependant report. 

 

And I think that this simply shows the kind of garage that you are dealing with that they are prepared to nitpick. You have got adequate grounds for bringing an action and the challenge the contract without the need for the report. The fact you haven't included the report yet is not serious and it shouldn't make any difference to them.

However, I've already expressed misgivings of the fact that you've been promised an engineer's report and yet nothing has been done. I asked you if you were being charged for this and you haven't responded.

He visited the claim now so just sit back and wait for their response. I'm sure they're going to nitpick – don't worry about it but start being more careful and get the engineers report. I'm going to ask you again – are you being charged for it?

[Bassman74]

Yes it was sold with a full years MOT, as per their advert, it's only MOT'd until July.

 

I therefore should have put "only 4 months MOT,  but I put "only 3 months MOT".

 

I guess you could see that as only "3 full months MOT".

I'm likely overthinking it though..

 

My head went to thinking of three FULL months MOT, as that is pretty much what it is.

 

Many apologies. I've missed your question in all the excitement.

The engineers report is part of the diagnostic service that I used on the car.

It was only £20 for everything, so I guess I shouldn't expect a rushed response from the Engineers.

 

Especially seeing as how the car will not be repaired there, which the engineers are well aware of.

[Fred clause]

When making their offer did they inform you that small claims can take months and that they are not avaliable for a hearing untill December? 

[Bassman74]

Yup. Same story here Fred. Funny that..

[Bassman74]

A wee update and a question please,

 

The defendant has been issued with a DQ form after mounting a defence. Is this something that I need to consider if I'm issued the same questionnaire?

 

I guess it helps when you investigate..

 

I've had a read of the small claims process and understand how things will develop.

 

I've also sent the engineers report from the specialist, which I've received today. £40 plus VAT, which I'll add to the final amount.

[Bassman74]

All,

 

I've been requested to fill in the N180 form. The section that says "Are you asking for the court's permission to use the written evidence of an expert?" Should I click yes to this ? I've no intention of calling up an expert to court, but I do have written evidence of one to hand.

 

Thanks

[Bassman74]

They're defending the claim, but no application for extension as yet. Their comments on the form are rather amusing, claiming little chance of success by me, and requesting the action is thrown out of court. I'm still waiting on their comments regarding  the fact the car was not sold as described though. Nevertheless, my case is strong. I'm confident, if not slightly impatient. Can't believe you've heard nothing yet Fred !

[Bassman74]

A pretty interesting and, quite frankly, unbelievable update on this case.

 

I called my local court today for an update, as I'd heard nothing for 5 weeks or so.

 

This is a copy of the mail that I just sent to the local court upon their request, as they'd like to move swiftly with my case.

 

They have been brilliant and very helpful today..

 

"Dear Sir / Madam,

 

Re: Case Reference **

 

** vs. EMC Car Sales

 

After contacting your court today for an update regarding the above case, it was brought to my attention that the case status was “Discontinued by the Claimant”.

 

I’d like to advise that I, as the claimant, have NOT applied for this case to be discontinued.

 

Indeed, the process for this would be to fill in a form, of which I did not know existed until today.

I request that this discontinuation request is removed so that the claim can continue.

 

Further investigation today by the very friendly and helpful team at has revealed that a discontinuation form had been filled in in my name and registered on 13/05/19, and that it had been signed with a signature not matching my own.

 

It is hoped that the above clarifies my position regarding this case.

Please do not hesitate to contact me in the first instance if any more information is required"

[Gick]

Me thinks that a pair of handcuffs may be used against the defendants!

You could ask the court manager to have the 'discontinuation form' checked by the local Force's forensics team as it would appear that a very serious criminal offence has been committed.

 

You should mention this attempted deception in your Witness Statement.

[Bassman74]

Thanks Gick,

 

I may just do that. I've also sent the court 4 PDF files from the defendants, all showing various signatures. When I called the court to tell them that I possessed these, they were VERY interested to receive these ASAP. The court clerk had never heard of this happening before.  

[king12345]

You couldn't make it up.

Falsifying signatures on court papers.

They really have balls, don't they?

Is it because authorities let them do whatever they want without consequences?

[Bassman74]

I've sent a few emails to the courts toady, and have drafted an official letter to them. The main subject of the letter is within the attached PDF.

EMC.pdf

[Bassman74]

Have had phone contact from the court.

 

Judge has sent a court date of mid August, as he wants to see how to proceed in light of the "mystery" discontinuation form.

 

As far as I'm aware, he requires all to attend on the date.

I do need to double check the attendance requirements though, as I'm not at home to see the actual letter notification.

[Bassman74]

We have a court date of 28th November.

I unfortunately will be working in Helsinki at that time, so I'll need to be absent. I

can do nothing about that.

The question still exists as to who they are trading as, and we await the answer to this. 

 

The judge was in agreement that the discontinuation form was not filled out by myself which we all knew, but I'm rather disappointed that quicker and tougher action was not admistered with that matter.

Perhaps I hope for too much. 

 

Let's see what November brings.

We're nearly 6 months in, so a few months more will make not a jot of difference.