@Inchcapeuk Burton Upon Trent avoiding their consumer obligations

[GoldenGoose]

No Inchcape did the temporary Tyreweld repair and then let me drive it 200 miles home without advising me.

 

Their own inspection sheet states if brakes are less than 70% then should be replaced, mine were @40% and 50% and they didn't replace them

[BankFodder]

And you have written confirmation of the level of wear on your brakes – provided by who?

[GoldenGoose]

I still have the brakes with me as I changed them.

[BankFodder]

This doesn't address the question as to whether you have written confirmation

[GoldenGoose]

Inchcape have written it themselves, I can get confirmation of this by taking them to the garage that did the repairs.

[BankFodder]

Sorry, as far as I can tell – what you have from Inchcape is simply a standard observation that if brakes reach a certain level of wear then they should be replaced.

Are you correcting me and saying that inscape have actually recorded the level of wear?

And yes, you should certainly get the garage that did the repairs to provide a written confirmation – and I suggest that you set about organising that straightaway. It's extremely important

[GoldenGoose]

Yes Inchcape have sent me there inspection report which states the recorded level of wear prior to me collecting the car and what they should be replaced at, both my brakes are considerably below 70% they suggest

 

See attached

[BankFodder]

This was sent to you prior to you collecting the car but after the contract was made – correct?

[GoldenGoose]

This is the first I have seen it, just checked all my paperwork and I was not provided this at the time of sale or since until the finance company have requested it.

Am I reading that correctly??

It does state what I have said?

 

This is the tyreweld which is bad practise again, would be good to see if someone has knowledge on CAG regarding the use of this because I’m sure its a temporary fix

 

[BankFodder]

While on the basis of what you say, it seems to me that you are in an even stronger position. There are faults/defects of which they were aware and despite this they continue to contract with you and sold you a car which was defective and not in roadworthy condition.

I'm amazed that they want to challenge this in any way.

I would suggest that you write a note to them and a copy to the finance company pointing out all of the defects and the fact that the car was sold to you in this condition and not only that the dealer was fully aware and this information has only just now been revealed to you.

Tell them that you are considering legal action and you want a speedy resolution – within five days. If not then you will issue your letter of claim and bring a county court action within a further 14 days.

Have you decided that you want it repaired or do you prefer to get shot of the vehicle?
 

[GoldenGoose]

It appears that way to me, which is why I am questioning if its me reading it wrong?

I have had most of the repairs done and now need new rear shocks which the garage has said the warranty will cover, after that I think the car will be fine although I will be getting the tyre issue addressed due to the mileage I do, tyreweld is not giving me much confidence but it doesn’t state which tyre.

 

Do you think I have a stronger case if I wish to give it back or use to value still needs high court?

[BankFodder]

I'm not reading the reports that you have put up. I think it's up to you to gather the sense of them. I'm only here to advise you as to your rights and possible courses of action.

You are the one who's going to have to make judgements based on the documents that you have and the advice/suggestions you have received here.

I don't understand your last sentence. I think you may have had a senior moment

Quote

Do you think I have a stronger case if I wish to give it back or use to value still needs high court?

 

[GoldenGoose]

Scary thing is I don’t even remember typing that last bit.

 

Understood on other points, thanks, it seems clear enough to me.

[GoldenGoose]

Hi,

so on the 2nd September I emailed Toyota finance and Inchcape with my findings and Told them I am considering legal action and you want a speedy resolution  within five days. If not then I will issue a letter of claim and bring a county court action within a further 14 days.
Today is 5 working days and no response  so I guess tomorrow I need to contact the county court? Can this just be done online? 

[BankFodder]

No. Now you send them a letter of claim. You give them 14 days and then you issue the papers. I think that you're not reading the thread through very carefully. Also, you should be reading around this forum about the steps required to bring a small claim in the County Court. This will help you feel more confident when you get started.

Also, during the 14 day period you should register with the Moneyclaim online service and start drafting your claim. You can save your work as you go. Post up any proposed draft here before you click it off.

I think you can have to pay a little bit more attention to the detail of what's being said here

[GoldenGoose]

Apologies, been a long day, yes I issue a letter of claim but can open my account with MCOL and start drafting my claim?

[BankFodder]

If you read my post, you will see that this is precisely what I have suggested

[GoldenGoose]

[Hammy1962]

On 29/08/2020 at 09:52, GoldenGoose said:

This is the first I have seen it, just checked all my paperwork and I was not provided this at the time of sale or since until the finance company have requested it.

Am I reading that correctly??

It does state what I have said?

 

This is the tyreweld which is bad practise again, would be good to see if someone has knowledge on CAG regarding the use of this because I’m sure its a temporary fix

 

Whoa, holy used cars batman, a job card, or part of it, on CAG. Who would of thought it.

 

It just say's 'Tyreweld', not that they used it or where, just one word, many assumptions.

 

H

[GoldenGoose]

My assumption would be that they have used it as it could not be observed without removing tyres, why else right it on the job card?

[Hammy1962]

But you wouldn't, during the course of a normal service or repair, remove the tyre(s). Wheels maybe, not tyres. You might check their pressure but you would have to physically remove the tyre and check the inside of the tread for evidence of tyreweld. Something which would not routinly happen.

 

Even if they found a puncture during the prep they would have repaired it in the traditional way, not with the inefficiency and faff of tyreweld.

 

Does the car have a traditional physical spare or space saver tyre or does it have an inflation kit.

 

Maybe 'Tyreweld' is just a generic term and prompt for the  service technician to check for the presence of an inflation kit.

 

H

[GoldenGoose]

Hi H,

It has the inflation kit in the boot, but it just a 12v compressor, not sure why they would call that Tyreweld.

The garage I have taken it to locally have said they suspect they have repaired the tyre using tyreweld hence being written on the report, i have a very slow leak on the front right tyre

 

[Hammy1962]

A compressor is not enough on its own. If you were to get a puncture a can, or whatever, of sealant (Tyreweld?) is needed to seal the leak. The compressor just inflates it after the sealant is added. There maybe a better explanation in your instruction book. Your local Garage is guessing. What you need is evidence, especially if it goes anywhere near a Judge.

 

H

[GoldenGoose]

No tyreweld in the car though only compressor!  

[Hammy1962]

Well, that's the answer, the're should be.

 

H