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Used BMW from Xhail Motors Barking not fit for purpose


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On 29/11/2019 I paid £4700 to have a used BMW delivered to my daughter and her husband in Cornwall, from Xhail Motors Ltd, Barking. 

Azim Choudray was the man we dealt with. 

It came with a 6 month warranty. 

 

In January 2020 the car began having problems, mainly with the electrics and subsequently would not start.

After calling out the RAC, a leak was found and a new battery purchased.

 

The car continued to have problems and the dealer suggested contacting the warranty company who asked for a diagnostic report.

The car was taken to a local garage but the garage owner requested that my daughter remove it and that they would telephone her when she could bring it back.

No call came

 

she took the car to a BMW garage who ran diagnostics that found many faults.

This cost over £200.

 

The warranty company would not entertain a claim until full diagnostics had been done

however the garage stated that the cost of further diagnostics would run into thousands of pounds!

 

My daughter, son in law and myself were going through a house move together at this time,

we contacted Azim Choudray and rejected the car as faulty and unfit for purpose under the Consumer Rights Act.

 

He disputed that there had been anything wrong with the car,

suggested that my daughter had spilled water on the electrics

(there was still water present even after the RAC had dealt with it) 

and had removed the car from the local garage who were willing to repair it.

(Why would she remove the car from a garage that would fix it for £40 an hour and take it to a garage that charged over £100 an hour?).

 

He said that he would repair it as a gesture of goodwill if we returned it to him

by this time the car would not start and we had been advised by the BMW garage that it was not roadworthy.

Also, as he had delivered it, it was his legal obligation to collect it.

 

I took advice from the CAB and sent a first, then a final recorded letter to Azim with the wording that the CAB Consumer Rights advisor suggested.

He failed to respond and I finally transferred the car back to him via DVLA and had it transported to Xhail Motors in Barking at a cost of over £400.

He refused to accept it so it was left outside his premises.

 

I have requested Chargeback from my bank (I stupidly paid by debit card)

but they have refused, stating that the dealer offered to repair the car, even though he will not allow it on his premises.

 

Is my only option now to take him to the small claims court which will cost me yet more money?

I'd like your thoughts please before I commit to this.

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Sorry but your story is posted in the solid block of text and it's extremely difficult for people to follow on a computer screen.

Please could you repost your story – properly spaced and punctuated and you will then find that people will be very enthusiastic about helping you because they will find it easier to understand what has happened.

Thanks

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post spaced.

 

yes small claims for the full amount the car cost

plus any diagnostic costs and any other quantifiable costs it has caused.

 

letter of claim first though.

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for your replies and thank you so much for amending my post for me.

 

The last letter I sent to the dealer on the advice of CAB stated that it was the last letter before court action and contained the sentence,

 

"I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules etc" which I am assuming is standard.

 

They have advised me to access moneyclaim.gov.uk and they said they had referred the dealer to TradingStandards.

 

I'm thinking my next step is to access this website and pay the necessary costs to take it to court.

 

Will I actually have to attend court?

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yes

and

yes.

 

bankfodder is the master at vehicle claims , you are in good hands..

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

I have taken the matter to the small claims court and the dealer has filed a defence in which he denies knowing who I am (even though I have an email from him stating that payment for the car came from me).

 

He also denies that the car was faulty when he sold it stating that the major faults were caused by my daughter driving the car after the initial small, repairable fault was found.

 

I now have to fill in the form they sent me, which asks if I want to use the written evidence of an expert and I am at a loss as to what to do. I have a page of diagnostics done by the BMW garage to show the faults they found. Is this written evidence from an expert or is this just part of evidence I get to present anyway?

 

The manger of the BMW garage was willing to discuss the matter with anyone but whether he'll want to get involved in a court matter is another thing.

 

I intend to call my daughter as a witness and hopefully she can tell the court exactly what happened, including disputing that she removed the car from a local garage that was going to repair it.

 

If we can only explain everything to a judge I'm sure Justice will prevail.

 

I am getting quite stressed out about it all.

 

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Any evidence would be part of your witness statement later in the process.

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you.

I will answer that I don't want any expert witness statement then and just rely on being able to present what I already have later on.

 

One further question please,

 

The form I have received N180 has a covering letter stating

"You must by 19 June 2020 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office (name of court office) and serve copies on all other parties. "

 

Does this mean that I have to send a copy of this completed form to Xhail Motors?

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3 copies

1 to the court

one to their sols

1 for you file

 

yes to mediation

1 wit YOU

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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One witness YOU

Unfortunately not everyone is cognisant of dx's shorthand!

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My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Lol, thanks. There will be two witnesses as I only paid the money, and my daughter and her husband were involved in everything else, so one of them will provide a statement of what actually happened. 

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  • 1 month later...

Assistance urgently needed now please!

 

I was telephoned by the mediator today. After he had spoken to the defendant he told me that he (the defendant) is saying that he doesn't recognise me as a customer and doesn't know who I am.

 

I have it in writing from him that I paid the money but it's true that my son in law's name is on the bill of sale etc. The mediator said I should maybe change the name on the claim. As this will cost me money, he told me to take legal advice. (I don't even know how I'd make this change)

 

Any advice please?

 

 

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  • 4 months later...

UPDATE: I won the case and was awarded over £6300 but, of course Azim Choudry, the director of XHAIL MOTORS LTD has not paid me. He is trying to wind up this business and has applied to Companies House for strike off action to which I have objected.

 

He has another business operating from next door to the first one called just XHAIL LTD. He also resigned as director of yet another business RIVER GARAGE SERVICES last October.

 

I am assuming that I will now have to ask for a warrant to collect the money from him?

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goto the sheriffs office HCEO.

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you. Just one last piece of advice please.

 

I have to pay the Sheriff's officers £156 to get this action started but I have been told by someone who visited Xhail Motors Ltd that the place is closed and locked up. 

 

Am I just throwing more money away or do you think it's worth trying to get my money? Shall I just forget it?

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I have been told by someone who visited Xhail Motors Ltd that the place is closed and locked up. 

 

who?

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

UPDATE: The Sheriff's Officers have advised me that after visiting Azim Choudry's house, he told them that the company ceased trading in March 2020, he resigned as a director in October 2020 and he is in the process of commencing legal proceedings against the company for money owed to him! Rubbish as he was the only owner/director so how can he take legal proceedings against himself!

 

I understand that the Officers can do no more but the final amount owed is £8037.84. Is it worth me contacting an independent debt collector?

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DCA's are not bailiffs powerless

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Why not now go back to your bank under chargeback?

Overall you had 540 days to use chargeback

Im not sure how this sits regarding your try last year

But now you have judgement as the trader failed to do what they refused chargeback for before.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I already asked for chargeback with Nationwide and they told me I was 6 days over the 120 day limit. I took it to the ombudsman and they agreed with the bank.

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