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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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KieronP

Polo Motor Company - About to go to small claims court over faulty vehicle

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I bought a car (2008 plate) from a dealer in June 2018, on the way home the check engine light came on and I crawled home. Spoke to garage who said to bring the car back, I was unable to do this until the Monday so in the meantime took it to a local garage for a look. They gave me a list of problems (including a leak at the top of the engine) and advised me to return the car to the dealer.

 

I took the car back to the dealer on the Monday 25th June and they had the car until the 20th July. Once I picked up the car the check engine light came on again before I got home and on the 23rd July I took the car back. This time they had it until the 20th August.

 

In this time I was told that the car had had two new injectors, a new turbo, an air filter and an ABS module.

 

Once I got the car back in August it never ran properly, would stall easily and smelt bad. I didn’t have any concrete with which I could go back to the dealer though so resigned myself the fact that I am stuck with this car. I never trusted it enough for any long drives.

 

In January this year the service light came on in the car and I took it to the main dealer (Volvo) for a service. They checked the car and told me that there was a leak at the top of the engine and that it was clear somebody had been there before and the workmanship was poor, part of the injectors was not replaced. They replaced this, a gasket and a hose but when this was done it uncovered an EGR error and they replaced this. about £800 worth of work plus the cost of the service. Volvo wrote on the invoice that it was clear somebody had worked on the car before and told me that it would not have run correctly since I owned it,

 

At this point I wrote to the dealer asking for help with the costs as the leak at the top of the engine was identified in June 2018 and because the problem was caused by a poor job on the injectors, if they had done the work properly then they would have uncovered the EGR issue and had to fix that.  I got a solicitors letter in response saying that they will not pay.

 

Shortly after that the car started to lose power and I took it back to Volvo. After replacing another hose and a switch that had been damaged they diagnosed an ECM fault and advised me that it was not worth doing any further work as that would cost me around £1000. They showed me that the ECM had been tampered with at some point, it was sealed with silicon and the tamper tape had been removed.  They also found an invoice from July (when the dealer had the car)where they  (Volvo) had fitted the used turbo and noted on the invoice that an ECM code was stored on the Vida.

 

I spoke to Which legal help and the solicitor suggested I have a good claim here .

 

I responded to their solicitor saying that I have evidence that the ultimate problem was present in July and therefore when they sold the car to me, I also told them that I have the statement from Volvo saying that these issues would have been there when I bought it and the report form my local garage noting that the leak as present 3 days after purchase and had not been fixed as I thought it had.  I asked for a refund for the car and for the repairs and asked them to take the car back, I have broken down the costs into five sections corresponding to different repairs. I gave them two weeks which is up on Friday and haven’t heard anything yet so tomorrow I will be logging a claim.

 

It is a long back story but any advice about going through and writing the claim would be welcomed. Also any other opinions on my chances.

 

Thanks

 

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You've been here since 2006 and it's a great shame that you didn't come close immediately that this happened.

Under the consumer rights act you had a right within the first 30 days to reject the vehicle if any defect appeared. After that, and within six months you had the right to insist on a repair and then reject the vehicle if the repair had failed.

It seems to me that by not taking appropriate action at the right time you have surrendered these rights.

It doesn't affect things a whole lot but it certainly might have been easier if you had the consumer rights act remedies on your side.

You haven't told us the value of the car and you haven't laid out all of the losses that you have incurred as a result of all the defects.

You also haven't told us the name of the dealer. Are you trying to protect them?

It's up to you what action you want to take. It seems pretty clear that the dealer is not very interested in your consumer rights so if you want to use them, then you will have to assert them as a result of a county court claim.

Which solicitor is it who told you that you wouldn't get paid? Please would you post up their letter here in PDF format – scanned – not a photograph.

 


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Thanks for the quick repsponse. The dealer is Polo Motor Company in Gillingham, Kent.

The solicitor's letter (Attached) is from Stormcatcher solicitors (I have removed my address etc)

 

I bought the car for £4450

 

I have spent £1466 on repairs which I am asking for back. The largest repair invoice was £801 for the engine leak that I described above and which the solictors letter refers to.

 

 

StormcatcherVOLVO.pdf

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Thank you. Well the solicitor seem to be saying that given the fact that it was an old car, what you got was no more than you could reasonably expect.

However, I disagree. I don't think that you are expected to spend £4.4 K on a vehicle and then within six months have to spend out a further £1500. I don't think any reasonable consumer would consider that was satisfactory.

Furthermore, you have now talked about the fact that some seal was interfered with and silicon was used instead.

Have you got any of these reports in writing? This is very important


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Posted (edited)

Volvo have given me photos of the ECM showing where it was interfered with and the invoice from Volvo states:

 

"...Further investigation into ECM unit found that the ECM unit had been aprt previously and the unit had been resealed. UNsure as to why the ECm was previously dismantled but it is evident that the module has been aprt in the past."

 

I have a copy of the invoice from Volvo to Polo Motor Company in July saying that there is a ECM code stored.

 

My previous invoice from Volvo states:

 

“It was clear when working on the vehicle that work had been carried out on the vehicle at a previous date. All four injector collet sleeves were missing, meaning that the injectors were not making a complete seal. When we reassembled the injectors and road tested the vehicle codes were stored with EGR fault. The EGR would have been faulty for a long while, it was only until we carried out the correct sealing of the injectors and intake manifold that the fault showed.”

 

They (Volvo) are being very helpful and I may be able to get more from them.

 

EDIT: Typos

Edited by KieronP

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Excellent. Get everything you can.

Is there any indication on the paperwork as to who the previous owner was?


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Afraid not.  It has had 4 previous owners and there are no MOTs in 2014 or 2016 and only 700 miles were added since 2015.  I asked about this and was told that is sat in the drive as it was owned by elderley people, guess I am the mug!

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Yes, I'm not sure that you have handled it very well.

Anyway, are you prepared to issue legal action? If so then I think that you will need to decide what you are claiming for, the basis of your claim and then send them that information in a letter of claim.

You may as well also tell them what the findings of Volvo are because that is important evidence and it is difficult to imagine that they could possibly convince a court that the Volvo evidence was wrong and also that those faults hadn't existed when their car was sold to you. It's clear that they did.

If you are prepared to go ahead then post up a letter of claim here so we can have a look. Don't make it too complicated and keep it short on the narrative. Make it to the point.

Also you will have to register with money claim online – it's free. Start getting used to it and start drafting your claim there. On the basis of what you say I think that you will have to do sent a fairly short concise claim through the money claim system and tick the checkbox that you are going to send a more detailed particulars of claim directly to them.

You need to have that prepared as well before you start actually issuing the claim.


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Yes, unfortunttely I found a tumour in Septmber and that took pretty much all of my focus until January otherwise I like to think I would have got this sorted sooner. I do want to get this settled and get rid of the stress though.

 

I have attempted to enter in to correspondence with the other side but they have not repsonded so I am happy to write up a letter of claim which I will post.  I am also happy to raise the claim but I am concerned that the company will "disappear" and not pay me, it is another £400 to riase the claim due to the sum.

 

Thanks for you advice, I will get the letter done wither today or tomorrow.

 

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Yes I'm afraid that the risk of cowboy second-hand car dealers disappearing is always something that one should factor in when buying this kind of vehicle. It's also the reason why someone should react quickly. It's also the reason why one should come quickly to the Consumer Action Group forum for help and advice especially when one has been a member of it since 2006.

They don't seem to be a limited liability company – but maybe you should check this. If they're not limited liability then this means that even if they change their trading name, they are still accessible to a legal action. Do they appear to be well established or are they on the kind of premises which could suddenly be closed overnight?


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They are a Private Limited company which incorporated in 2013.  They operate on an industrial unit which isnt too promising but that have a lot of cars and their company accounts suggest that they have these on credit. I dont know if that affects how quickly they could go out of business?

 

 

 

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Well I'm sure that they are important considerations.

I'm not sure what else to say. I think you have an excellent case. Your chances of success are much better than 95%. If they seem to be a settled business in settle premises then assuming you that you get a judgement then you should have no great difficulty in enforcing the judgement – and in fact I would immediately have the judgement transferred up and enforced by HCEO.

 

Presumably you have the limited liability details from the receipt they gave you When you bought the car.

Of course the whole thing is a complete nuisance. Nobody deserves to have this kind of thing happened – but I'm afraid it happens far too often. Have you looked around the Internet to see what their reputation is generally?

 


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