Jump to content



Recommended Posts

Further Data from MB after complaint about failure to disclose all data last night. Miraculously they have now included communications between themselves and Marshall Portsmouth following my august 2020 complaint to Gary Savage the MB UK CEO. In short, when you email the CEO, it goes from his PA into a case system, and is taken up by an EU based Customer team who tell the dealer to provide a response.

 

In this case, after a week Marshalls told them they couldn't comment about the paint after so long and didn't engage about the mileage issue and MB replied to me based on this one line email from Marshall portsmouth rejecting my complaint.

 

Whilst the data isn't earth shattering it shows that even complaining to the CEO of MB has little impact and they really don't push back on the dealerships.

 

 

Just my data from Marshall Group and Creation due now. LBA expires on friday this week. SRA deadlines pass for both companies on Monday.

Edited by sallyblackburn
  • Thanks 1
Link to post
Share on other sites
  • Replies 95
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

Quick question, but from reading this, I get the impression that you have not had the body works carried out, is this correct?   if you have an estimate but not had the works carried out, th

It let me view the article first time around. here is the cached page.   https://webcache.googleusercontent.com/search?q=cache:9wparUkfzQgJ:https://www.lexology.com/library/detail.aspx%3Fg%3

Actually I can't find the link for organising your subject access request. There are so many auto links here I just can't remember which one it is. The court bundle one might help you but is not direc

Posted Images

So MB UK specifically asked the dealer about the "clocking" question, and the dealer chose not to answer?  And MB UK didn't notice?

 

If you have evidence from the internal emails that the dealer appears to be avoiding addressing this issue, I'd have thought(?) that was quite good for your case.  See what BankFodder thinks.

  • Like 1
Link to post
Share on other sites

MB cut and pasted my complaint which included the mileage and Marshall Portsmouth ignored the question. MB genuinely do not seem to care, which is a surprise given that the mileage discrepancy undermines the purpose approved used scheme.

Link to post
Share on other sites

Yeah - it sort of detracts from the whole point of a manufacturer approved used car scheme.

 

I don't want to distract you from what you've decided to do but I wonder if it's worth specifically raising that point with MB again.  I wonder if they don't realise that it does make a mockery of their brand name if they approve a used car in those circumstances?

 

I simply don't know if that would be likely to affect any claim you make - for good or bad.

Link to post
Share on other sites

MiE - I  have replied to MB and copied their UK CEO in to make exactly that point. Thank you :)

 

In other news, I got MY SAR data from Marshall. This shows 0 communication between Marshall and Creartion which is V odd. I have asked for clarification as to why it is not included. i.e are they claiming some kind of privilige or does it simply not exist!

 

The only interesting SAR nugget is that I forgot that I had refused to sign the handover sheet to say I had seen the mileage statement or had chance to check the car. This is beacuse they couln't find the mileage sheet while we were at the dealership  (because we now know the car is clocked) and that the car could not be inspected because it was dark. I am glad they have sent the sheets as filled in and that they haven't edited them. I think it may help with the claim.

 

Creation are now out if time for the SAR, what should I do please? 

Edited by sallyblackburn
Link to post
Share on other sites

it has been 14 days since the LBA should have arrived to Creation. Both the reply to the LBA and the SAR are both late. I also emailed the LBA to Creation and they have acknowledged it 11 days ago. They acknowledged the SAR too. What should I do please?

Link to post
Share on other sites

I emailed Creation to confirm they have the LBA yesterday.

 

"I sent you a Letter Before Action over 14 days ago. I can see no reply by post or by email. The next step is for me to issue court proceedings. Unless you confirm that a response to the LBA has been sent by 16:50 tomorrow I will be issuing court proceedings at that time.

 
A copy of this email will be provided to the court in respect of costs."
 
Today I received this.
 

"Thank you for your email, please accept my apologies for the delay in replying.

 

We have received your Letter Before Action and we have no further comment to make at this stage.

 

Kind regards"

 

 
As such I have issued a claim against them for damages for breach of contract and misrepresentation. I cannot quite understand why they would accept getting and LBA and be so blase about ignoring it!
 
 
Edited by sallyblackburn
Link to post
Share on other sites

When you send a letter of claim – it gives a certain deadline after which you will take action. At the expiry of the deadline – you take the action you threatened. You don't send them reminders

Link to post
Share on other sites

Partly because they don't believe that you will follow through with your threat – and in fact so far they've been proved right

Link to post
Share on other sites

Please will you post up your POC

Link to post
Share on other sites

As BankFodder said back on page 1, Creation's original response to you was plain nonsense - so perhaps they haven't got a clue what is going on.  Wait to see if they formally acknowledge it and file a defence.  They can't very well say they didn't receive it now!  (I can see Creation might be difficult to deal with.  Are you suing the dealer too?  And have you asked MB UK about the diminished "value" of their approved car scheme?)

 

AS BF says, having sent the LBA you need to commit to it.

 

(several cross-posts while i've typed this)

Link to post
Share on other sites
On 24/09/2020 at 18:41, Manxman in exile said:

As BankFodder said back on page 1, Creation's original response to you was plain nonsense - so perhaps they haven't got a clue what is going on.  Wait to see if they formally acknowledge it and file a defence.  They can't very well say they didn't receive it now!  (I can see Creation might be difficult to deal with.  Are you suing the dealer too?  And have you asked MB UK about the diminished "value" of their approved car scheme?)

 

I am not suing the dealer. They are very slippery, willing to lie and It is very likely that I am going to have to sue them under the GDP/DPA2018 as they are really messing around with my data. So far they have sent me what they claimed was all the data, and when I challenged them about some documents I know they have, they claimed LPP, then when I said LPP didn't apply they sent those, but they have still failed to disclose a single piece of communication with Creation and there is a distinct lack of internal correspondence on this whole matter.

 

I have just sent the detailed particulars of claim to Creation and the certificate of service N215 and copies of the particulars to the CCBC.

 

With regards to Creation and the LBA, I spoke to a friend who has just bassed the bar exams and who does county court advocacy work as a part time job and he said he can see no reason why someone would acknowledge an LBA but decline to reply. It is clearly a breach of the pre action protocol and if the court decides my claim is without merit it would be easy to argue they shouldn't get costs. He says the standard practice he sees from parties when ignoring a letter is generally to act like they didn't get it and feign surprise, so by acknowledging it Creation have not helped themselves apparently.

Edited by sallyblackburn
Link to post
Share on other sites

Good luck with the case – we are all following you.

However, there is no breach of pre-action protocol by failing to reply to a letter of claim. I don't know where your friend gets that from. Maybe you'd like to give us the source of that wisdom

Link to post
Share on other sites

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

 

The defendant is required to reply to the LBA in a way specified in the Practice Direction apparently.

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#6.1

Link to post
Share on other sites

Well thank you. That is the second time that you have put me right on a point of procedure.

I still don't think it's going to matter very much to the issue of costs – but I shall be interested to see what happens.

Anyway thank you for the source link. We learn something new every day. Maybe you should be an adviser on this forum!

Link to post
Share on other sites
Just now, BankFodder said:

Well thank you. That is the second time that you have put me right on a point of procedure.

I still don't think it's going to matter very much to the issue of costs – but I shall be interested to see what happens.

Anyway thank you for the source link. We learn something new every day. Maybe you should be an adviser on this forum!

I think the breadth of knowledge I would need to have to be an adviser on this forum is way beyond the very limited fields that I have been reading up on. I really appreciate all the help you've given me. The SAR idea in particular has been a goldmine! 

Link to post
Share on other sites

BankFodder. I made an SAR to Creation on 24 August and have had an email asking for ID, which I supplied. Since then I have heard nothing, despite chasing it. What should I be doing please? I have 0 idea about this aspect of things.

Edited by sallyblackburn
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...