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Cho Moglett

@elite_preowned Elite Preowned Vehicles not responded to vehicle rejection

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Interesting thread.

 

Am I reading this correctly, it was around a month from when the car was fixed, to when you sent the request for a refund? How many miles were driven in that period? Just wondering if this is actually the same fault, juddering and loss of power could be all sorts of things, speaking from a mechanical point of view.

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Hi Chuffnut. Thanks for your interest in this. The symptoms have always been the same. I am getting an inspection carried out to document the fault and will update here when this has been done.

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As I say, the symptoms of power loss/juddering could be many things, it may not be the same fault and may be something simple to fix, which would be nice! What did the garage fix, or claim to?

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This is 1 of 3 updates. Could you please read and offer me your advice? Thank you.


Update 1 I sent a letter before Action on Wed 24/7:

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" Dear James, REFERENCE: Volkswagen Touareg WU06 GOJ. As you know the vehicle I bought from you has developed defects of power loss and juddering. You have already been informed of them and have had an opportunity to repair. Unfortunately and as you know, the attempted repair has failed so under the Consumer Rights Act I am asserting my right to reject the vehicle. I can provide you with a video of the fault and you are welcome to come and inspect the vehicle.

I am sure you are as professional in handling returns as you are sales and I will be happy to provide you with good feedback. After all, I am sure you will agree with me that these things happen, but when they do, this is the risk that, as a dealer you take on and that I, as a consumer pay a premium for. It would be good, and wouldn’t you also agree, a fresh approach, to demonstrate to your potential market that you provide excellent service no matter what the issue?

Please make the appropriate arrangements to collect the vehicle and to refund me the purchase price of £5,350.00 plus my associated losses of £185 less depreciation of £76.35. These figures were sent to you by email and to 2 postal addresses dated 22/07/2019. If you do not do so within 14 days then I will sue you in the County Court without any further notice. I will also claim daily storage costs of £5.00 per day starting on 08/08/2019 for as long as the car remains on my garden and drive.

Please do get in touch so this can be resolved. I very much look forward to hearing from you James. Yours etc'

 

 

Update 2. I sent an email on Wed 24/7 advising of additional costs.

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"Good afternoon James Please note that I have today booked a recovery lorry at a cost of £50.00 to take the car to another independent VW garage on Tuesday 30/07/2019 next week where I have booked it in to have a driven test and to have a diagnostic check on Wednesday 31/07/2019 and to provide me with a written report with regard to the fault for which I have exercised my rights under the Consumer Right Act and rejected the vehicle. The diagnostic test will cost £25.00 plus VAT and the labour charge is £40.00 per hour plus VAT. Please be informed that I will be adding these costs to the claim against you should it be necessary for me to continue to issue a claim after the 14 day period that you have to respond. Please let me know as soon as possible if you wish to issue a refund and collect the vehicle."

Update 3. I have just received this from Lawgisitcs by email:

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"Our Member: Elite Pre-owned Vehicles Ltd. Re: VW Touareg, Reg No. WU06 GOJ
We refer to your email to our member dated 24 July @ 14:04.
We note that you deliberately ignore our emailed letter dated 24 July @ 9:42.
The Court will be invited to draw the appropriate adverse inference, in due course, as appropriate.
Kindly refrain from writing to our member direct and ensure that all future communications are sent to us.
On the facts, our members stated position stands.
You must now do as you see fit.
We welcome sight of your evidence, in due course.
In this regard, we refer you to the Practice Direction in respect of pre-action conduct.
Suffice to say, any proceedings issued against our member at this juncture will be strenuously defended.
We await your considered response."

 

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You might like to write something as follows:

 

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Dear elite

I'm writing just to remind you that the clock is still ticking on my letter of claim.

I've received messages from somebody who says they are representing you. You better understand that I shall be communicating with you directly. Your contract and your member relationship with anybody else does not concern me.

The messages I have received make it clear that your representative doesn't even have the basic grasp of consumer law and certainly not of the provisions of the Consumer Rights Act.

Also, your representative seems to think that I am ignoring their messages. I think that's a bit rich given the fact that you have been ignoring me from from almost the very moment that I started raising concerns about the vehicle you supplied to me. I have tried several times to contact you and to raise the issues with you and eventually have been driven to send a letter of claim and even now you apparently choose some intermediary to carry your messages.

Your messenger also implied that they are waiting to see some evidence. You clearly have not instructed them very well because as you know I provided you with evidence of the defects at the outset. I'm certainly not one to act so unreasonably that I would try to reject a vehicle without having provided you with some evidence of what has gone wrong.

If you have lost the evidence I have sent you then let me know and I'll send it to you again but meanwhile the clock is still ticking.

Believe me

Signed

 

 

I appreciate that this abrupt treatment of the dealer and their adviser may not be to your taste frankly that is what I would send. If you rather send something a bit more polite then amend it accordingly – but make sure you make all the points.

I think you would be best off showing them a little contempt.

You say that you have now sent the car off to be tested. When will the results be known?


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Awesome! Thank you BankFodder.

It will be collected on Tuesday pm and tested on Wednesday, I will know more on Wednesday and update here as necessary.

I really do appreciate your back-up on this. What is helping me keep a cool head and not panic is because at the end of this I want other people to see it can be done and not to be put off by scare tactics. Thanks.

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In that case be prudent and waiting to have the results before responding. In fact come back here the results first


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Will do thank you. That will leave me time to do some work and get the pre action protocol paperwork done. I hope you have a lovely weekend. Thanks.

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After reading that I am not too confident that a judge would order a refund in a 2 minute hearing.

2 sides of the same story, make very different stories.

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It's like listening to an episode of the Sopranos.


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In fact this dealer is trying his best to appear decent and down to earth at the same time.

Makes me wonder where the truth lies...

Maybe in the middle?

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James_P thank you for letting me know about this. Incredibly upsetting to read but it is helpful to have seen it.

BankFodder don't worry, I'm staying on course.

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Why is it upsetting?

Is he lieing?

At what points?

That will be more or less his defence, so you better know what statement is incorrect, a judge wouldn't care much if you find it upsetting. 

And he seems prepared on firing back about the irrelevant parking sensors and A/C not working properly: remember, it's a 13 year old car.

As much as it's been looked after, it can't be defect free, so don't even mention these also because you were advised at point of sale.

Also, all well and good to claim for inconvenience,  but £5/day storage to keep the car outside your house...

The other thing is the mileage which you are calculating at 3p, i'm sure he will be able to get at least 10p from any judge.

Top it all up with the 1800 miles driven with the fault on the car (if it's true) and he'll have a pretty defence, not just a 'not me gov'.

Get your horses together and gather facts based on evidence rather than hearsay, that's my advise.

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Good evening I filed a claim online today. BankFodder, I apologise I didn't request help with filing the claim. I am under huge pressure with work and had to spend 4 hours yesterday and 10 hours today solidly putting my claim together. I was overthinking about posting on here as I did not want to make anything public that would affect my claim and was worried by putting blow by blow preparation up here that Elite would have the details of my claim before I was ready to submit it.

I read and worked through the pre action protocol and relevant practice directions. I think they were 16E and 7, I have them printed out upstairs if you need me to confirm.

Now that I have filed the claim, Elite have immediately requested and been granted an extension of time to respond. I don't know what reason was given, but I see this would be the first thing a solicitor would advise their client to do I suppose.

Stress levels are enormous, I feel so bad to have had to take this action and I just have a constant level of butterflies and feel like I am now going to be in big trouble for causing so much trouble to someone else who clearly feels agrieved. I just want what is fair.

I would still like to get your support as I see this through as despite being terrified right now, I would like my experience to help others!

Is there anything I can post up here in terms of details of the claim, or are there now confidentiality issues? Thanks in advance.

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