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    • See if this is in order please. I photo of the chimney and Hale Surveys remaining.   Bundle 24 JanM.pdf
    • Hi all,  A good friend of mine recently had a similar issue and this is my first car. I've had a consistent barrage of problems.  I purchased a vehicle from Beavers Cars Dealership - From Auto Trader.  This is a draft I've written: Dear Beavers Cars, I'm writing to you about the Audi A4 (2007) I bought from you for £3200 on Sunday January 09 2022. The vehicle had prior faults before purchasing the car, during the test drive the Engine Light came on.   This being my first car as I've recently only passed my driving test, Amir who dealt with me re-assured me that this fault is nothing serious. I phoned a friend who advised me that this is a major fault and that needs to be looked at.   Amir took me to a local garage 1 minute from the Offices and had a mechanic he knew inspect this fault. The mechanic advised that the throttle flaps are shown as an error code on his machine and need to be cleaned, he took the throttle flap device off to clean it, the fault still persisted, he replaced the entire unit which then cleared the fault. I spent roughly 3 hours in the garage trying to resolve the fault error codes. I then was shown that these codes were cleared and that its all now in good condition and working.   only test drove this vehicle at maximum of 40mphs and as it was central London taking it on the motorway was a long way away. I paid a £200 deposit initially on Saturday the 8th January 2022 and went to London on 9th January 2022 to check this car. Once everything was sorted at the time, I was convinced by a sales pitch of Amir that this car is road safe and I'm able to drive it back to Brighton with no issues. I paid the remaining £3000.   Upon leaving to the motorway, the engine was struggling and it was making a very seriously bad noise, the turbo was not picking up properly and it really felt like there may be something seriously wrong with the car, when I would pull up to roundabouts the car revs would flicker and the car would shake.   I then had it serviced and got a Carbon Clean on the engine and everything seems to be in order, it started to drive a little better, but I barely ever gone over 40mph.   I wanted to speak with Amir to discuss this and tried calling on the 20th January 2022, knowing I still have my rights under the Consumer Act 2015, but wanted to address the issues and find a solution. I was unable to get hold of him.   The third time I went onto the motorway on 22/01/2022 after going around 65mph the Revs just went to 5 and my car started to slow down, I was not able to push more than 35mph in a 70mph, which almost caused a collision. I luckily was only 20 minutes away from home and was able to come off the Motorway and get home safely.   During some of the inspections that I had the engineers that Amir took me to by Beavers Cars dealership is called Speedy's Autos. He said that the car is road safe and being a mechanic shop re-assured me.   Since I had the car, the drivers seat-belt would unclip from time to time, I was told the tread on my left front tire is below the legal limit. I've had the sensors, electrics and front and rear brake lights needing replacements by what it sounds like the Turbo completely went   and I should not have been allowed to drive this car back to Brighton. It put me and others at risk especially when they knew I've only just got my drivers licence and was still a new driver.   I would like a full refund for the £3200, I've already spent money on a set of new tyres, wheel alignment and brand new brake pads and brake disks and a repair on the seat buckle luckily the parts can be returned and wheels aren't due to be fitted until Monday 24/01/2022.   I've also already paid for Road Tax, Parking Permit and insurance on this car which I will have to sort out. . The Consumer Rights Act 2015 makes it an implied term of the contract I have with Beavers Cars that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me. I look forward to hearing from you within 14 days with details of how you plan to resolve this matter. Yours sincerely,   ........................     Any help would be appreciated.  I've sent this over to them via text to Amir who I been dealing with from Beaver Cars in Hounslow - I do not have an email for them.    Amir Beavers Cars 61 – 67 Salisbury Road Hounslow Middlesex TW4 7NW Dear Sir/Madam Ref: xxxxxx On 09/01/2022 I purchased, and took delivery of, the above vehicle an Audi A4 Avant 2007 from you. On 22/01/2022 I discovered that it was not of satisfactory quality: the turbo cut out and car would not go over 40 mph, even after restarting.   The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.   I am legally entitled to reject the vehicle and to be reimbursed the original purchase of £3200. I look forward to receiving your cheque or banks transfer refund to my account: xxxxxx – Account Number: XXXXXXXX Sort-code: XXXXXX the total sum of £3200 within 14 days. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully   If they refuse to refund me, what would be my next steps? Thank you
    • The mediation went ahead in the first week of January and I was surprised at how confrontational the mediator was.  The call started on time and as usual I was asked to briefly explain the situation which was pretty standard.  Item posted using Hermes – item never made it from pick up to depot, Hermes deny any responsibility.  I was asked if I understood the mediation process and to confirm that I agreed to compromise.    I said I was happy to participate and that by way of compromise I would be happy to forgo the interest – but that I was looking for the full verified value of the item (sold price plus postage minus the £27 unilaterally paid by Hermes).  I went through the reasoning explaining the unfairness of the policy whereby the customer is asked to take out insurance to protect Hermes from its own negligence and criminality etc. and sat back waiting for the mediator to respond saying she would now speak to Hermes.    She didn’t.   She explained that this wasn’t a compromise, that mediation does not work like this and that she was ending the call and that I should now continue through the court.  I insisted that she puts my offer to Hermes but she refused.  I then knocked 10p from my demand which she could then not argue was a compromise and which forced her to communicate with Hermes.    I was on the call for about 30 minutes – I’ve read on here that others have ended the call and been rung back several times – I was placed on hold briefly during the mediators exchange with only a minute or so between interactions.  The frustrating thing is that every demand I made was immediately accepted by Hermes and it was the mediator who was the obstacle – at one point she even advised me that Hermes had no obligation to pay the costs and that I shouldn’t press for that.  I ended up negotiating it up to £350 which is £18 short of the total claimed; but to be honest I was past caring at that point.   It is of note that Hermes exploited every deadline and have made the process as long as possible.  I had to provide them with my bank details within 5 hours and they then had two weeks to make the payment which they did on day 14.  I’m happy with the outcome and that I forced them to pay but it’s frustrating that a company is obviously training their staff to treat their customers with such obvious contempt.    I will never use them again and have already bought something on-line from a company but only on the proviso that they don’t use their usual shipping solution (Hermes) – to which they agreed.   Thanks for the great work on this forum and to all who are taking action against Hermes – keep it up!!
    • Hi    Thank you very much indeed Mantis .  I really really appreciate your advice.  He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter.    Thank you again    Have a good weekend  Warm Regards  W.
    • well they cant just roll up and barge in so dont worry too much,    can you pop what you have received to one mass PDF only   read our upload guide carefully.    
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@Inchcapeuk Burton Upon Trent avoiding their consumer obligations


GoldenGoose
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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

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

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

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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

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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

1C25E5D9-423A-40ED-8421-4F9B9060E490.png

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

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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

 

166E87CA-8228-4A98-B6D0-D368B63D5CE6.png

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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?
 

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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?

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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

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

 

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  • 2 weeks later...

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? 

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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

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

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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

 

166E87CA-8228-4A98-B6D0-D368B63D5CE6.png

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

44 years at the pointy end of the motor trade. :eek:

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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

44 years at the pointy end of the motor trade. :eek:

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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

 

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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

44 years at the pointy end of the motor trade. :eek:

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