Car problems not repaired by garage Mytchett first cars. - Noel Quail

[juniper_sands]

Quote

I bought a car just under 6 months ago. It had faults when i collected it and the guy Noel at the garage said he would have it repaired . I realise now i should have rejected the vehicle and stood my ground. It had a 1 fault was repaired the other was allegedly repaired but it wasnt as he has now had 3 attempts to repair it and the problem is still ongoing. I have written to the garage only to be told do I think I'm getting a refund , its nearly 6 months since you purchased . I was given a useless warranty and he keeps referring me back to it. A family member also purchased a vehicle same time as me and between us we spent £7000, his vehicle has problems and he asked for it to be repaired also fobbed off and tld to speak to warranty company. The company doesn't cover the fault and the vehicle has driven less than 2000 miles since purchase.  I can see this will end up in court . I don't think this man expects me to take it further.

 

I bought a car just under 6 months ago.

It had faults when i collected it and the guy Noel at the garage said he would have it repaired .

 

I realise now i should have rejected the vehicle and stood my ground.

 

It had a 1 fault was repaired the other was allegedly repaired but it wasnt as he has now had 3 attempts to repair it and the problem is still ongoing.

 

I have written to the garage only to be told do I think I'm getting a refund , its nearly 6 months since you purchased .

 

I was given a useless warranty and he keeps referring me back to it.

A family member also purchased a vehicle same time as me and between us we spent £7000, his vehicle has problems and he asked for it to be repaired also fobbed off and tld to speak to warranty company.

 

The company doesn't cover the fault and the vehicle has driven less than 2000 miles since purchase. 

 

I can see this will end up in court .

 

I don't think this man expects me to take it further.

Edited June 17, 2021 by BankFodder
Restructured in order to make it readable

[BankFodder]

You say that you bought it just under six months ago. You are still in with a chance under the consumer rights act. Send them a letter immediately and tell them that you are invoking your rights under the consumer rights act and that they have a single opportunity to repair the vehicle after which you will reject it.

Do that straightaway and then come back here for a fuller reply

[juniper_sands]

I have written twice to the garage using the template from CAB .

 

Noel Quail called me via telephone and said i wasn't getting a refund. I responded with a follow up complaint letter which he will receive today as it was special delivery postage. I have given him 7days to reply and to only reply in writing. 

[BankFodder]

Please will you post a copy of the letter that you have sent them. Also post your follow-up complaint letter. Do this in PDF format please – single file multipage.

You have given seven days to reply. What is going to happen at the end of seven days?

What is your family member going about their car? They should come here quickly

 

Also, please can you tell us more about the car that you bought. Make, model, mileage, price paid. And how did you pay? Did you pay by cash? Did you pay by bank transfer?

How far away is this dealership from you?

[BankFodder]

I've just done a little search on this forum and I see that this company that you are dealing with are located in the same road as EMC motors/crown motors direct

https://www.consumeractiongroup.co.uk/search/?&q=Mytchett &search_and_or=or&sortby=relevancy

 

Please can you check to see if they are using the same address – and maybe they are the same company but now with a different name.

[BankFodder]

 

 

In fact it's the same address – 102 Mytchett Road

Of course it could easily be a completely different company simply occupying the same premises – but the experience that you are having is not good 

Downfall of car dealer who sold death traps: Chancer forged court papers and refused to pay refunds | Daily Mail Online

WWW.DAILYMAIL.CO.UK

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Ahmed Alwaheeb's firms sold cars riddled with faults - and which sometimes had government recall notices that required manufacturers to fix safety issues - but refused to refund customers.

 

 

[BankFodder]

Quote

Bought a Mazda 5 2.0L Diesel MPV from ASL last April under Noel Quail's recommendation, after telling him we needed a big family car for local (school) runs and the very occasional long haul trip from SE England to Scotland or Wales, to visit family. Only 1 key supplied with the car on delivery. Maiden voyage to Wales and the DPF light came on almost immediately. Knackered suspension bushes, causing metal-on-metal creaking. Severe wheel balance issues (horrendous steering wheel wobble at speed), nail in a tyre, and missing sat nav and cruise control as they'd explicitly advertised.

 

https://www.cardealerreviews.co.uk/dealership/asl-car-sales-surrey-woking-surrey-england

 

 

In fact according to a search on this forum, Noel Quail has been linked to the dodgy dealers – EMC and also crown motor direct and Chobham as well.

https://www.consumeractiongroup.co.uk/search/?q="noel quail"&updated_after=any&sortby=relevancy

 

It looks as if it is business as usual for these guys – simply under a different name – same culture.

 

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[BankFodder]

In addition to the questions which I have asked you about the car above, what exactly are the problems which have manifested themselves?

Have you had a recent MOT?

[juniper_sands]

I paid for the car with a debit card so can’t get a chargeback. It’s a Mercedes c220 diesel auto 2008 . The handbrake doesn’t work correctly and hasn’t since I purchased the vehicle. It did have another fault but they repaired that one. They’ve had 3 attempts at the handbrake and it’s still not working correctly. Basically you take the handbrake off and it will show as on on the dash . You can be driving the car and you will get a flash in the dash release parking brake . It’s an intermittent problem. 

 

My family member has also written a letter . At the end of the seven days if I’ve had no response I will write again before I take action in the small claims court

[BankFodder]

You have to give 14 days notice before beginning a claim in the County Court.

I asked you the questions about the car but you haven't addressed those.
 

Have you had anybody else look at the handbrake problem? Have you had an estimate for fixing it?

When did it get its last MOT?


 

[juniper_sands]

So I have given a response time of 14 days for the first letter and I was contacted by telephone before the 14 days were up . I have now written a follow up complaint letter and I have given 7 days for a response . My next letter warning of intention to go to court I shall give 14 days response time. 
The car came with a years MOT ask its doesn’t need an MOT till January . I haven’t asked anybody else to look at it and have no estimate for a repair . I the mileage was  16837 and is now 120000 . I paid 2600 for the car 

 

[BankFodder]

Other than the handbrake problem, are you happy with the car?

I think in any event you should get an estimate for the repair to the car and a general check to see if there are any other defects. I would think about getting an MOT straightaway.

You say that the car came with a years MOT. Who did the MOT? Was it the dealer or somebody close to the dealer? It seems to me that you bought it with a new MOT – and that kind of thing worries me.

 

Also, I think it would be worth starting a separate thread for the second vehicle which was bought from the same dealers but by your family member.

[juniper_sands]

It worries me also with regards to the MOT as one of the repairs wash the windscreen washer wasn’t working so it should have failed surely ? I also paid for new bushes to be done out of my own pocket as the warranty wanted a diagnostic check . Regardless of me being happy or not with the car I’m concerned that I wouldn’t be able to sell the car if I wanted to with the handbrake problem . How would I benefit from getting another mot ? It was a garage separate to the dealer that did the mot 

[BankFodder]

It would be helpful if you would introduced paragraph spacing into your posts as it would make it more easy to read for people using small screen such as telephones.

Getting an MOT would tell you about the general condition of the car. It should be in satisfactory quality and remain that way for a reasonable period of time. If an MOT reveals a serious fault then it would add to your argument that it was not satisfactory quality.
It's up to you if you want to prepare your proposed legal action properly to stand the best chance of success.
As I'm sure you realise, the fact that you have left it so long hasn't helped your chances at all and so the more evidence you put together, the better.

You sound as if you are on the verge of sending the letter of claim – but I have the impression that you aren't really ready yet.

I don't we understand why you pay for new bushes out of your own pocket when your statutory rights under the consumer rights act protected you more than adequately. How much was that repair work? How much have you spent on repairs in total she bought it?

I'm asking you if you would be happy with the car if the handbrake was repaired because if there are no other defects – and an MOT and a checkup would help to reveal this, then it might be an easier option to sue for all of your out-of-pocket expenses – including the replacement bushes rather than go for the total refund.

The scale of the problem would be a lot less – especially as you are very clearly dealing with car dealers who have a very bad track record in terms of supplying cars in a saleable condition and also being prepared to satisfy judgements.
The form at the moment in terms of the previous dealers who are operating out of the same address – and with which Noel Quail was associated was that when a judgement was obtained and the bailiffs would visit the premises, they were always told that there were no assets and in fact all the cars et cetera were owed by a third party.

There have been a number of successful judgements against those previous businesses and I'm not sure that any of them were ever satisfied and and in fact the judgement creditors ended up receiving letters that there were no assets. Bailiffs were commonly sent away and accepted the situation.

If you bring an action in the County Court, I expect that you will probably get a judgement – but of course it will cost you the County Court fees to issue the claim and then if it goes to a hearing, you will have to pay hearing fee. On top of that you would have to pay enforcement fee and if then the judgement cannot be enforced, you will be left with your court expenses plus your car in its present condition.

If you sued simply for the cost of repairs then at least your outlay would be much smaller and if you were unable to enforce the judgement, your total losses would be reduced. I'm looking at your risk factors here – and I think that you should as well.

What about the other car? Please start a new thread on that one

[BankFodder]

Can you give us the name of the garage which did the MOT please?

[juniper_sands]

The best part of it is I know Noel Quail . I live a mile away from him. He knows I'm no pushover, hence why he repaired the windscreen washer and attempted the handbrake problem. I'm within my rights as a consumer to reject the vehicle hence requesting my refund .

 

The bushes cost me £70.00 . A diagnostic fee for the warranty that is a waste of paper would have cost £50 so it was easier to get the work done myself 

[BankFodder]

We all know what your rights are. There is no doubt about it. Enforcing your rights is a completely different matter. If you know Noel Quail sufficiently that he is frightened of you then why do you need to go to court?

What is going to happen if you get a judgement which you can't enforce? What action will you take against him then?

By the way, let me guess – the MOT station is MA autos

 

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[juniper_sands]

13 minutes ago, BankFodder said:

We all know what your rights are. There is no doubt about it. Enforcing your rights is a completely different matter. If you know Noel Quail sufficiently that he is frightened of you then why do you need to go to court?

What is going to happen if you get a judgement which you can't enforce? What action will you take against him then?

By the way, let me guess – the MOT station is MA autos

 

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I never said anybody was scared of me . I will use the appropriate action by way of court and bailiffs.

 

Hopefully trading standards may listen. Who knows ? I'm not a crystal ball reader.

 

 

[BankFodder]

I'm afraid trading standards won't be interested. They were even contacted several times about the other dealers, operating from the same address – the same crowd and no action was ever taken.
The only time we managed to get anything done was when we eventually gave the story to the daily mail and after a lot of very difficult investigation, they publish the story which I've linked above.

After that there seem to be a lull in the activities of these dealers – but it may be that they have started up again using this new name. We used to get quite a lot of complaints under their old name. This is the first we've had with this new name but I can imagine it won't be the last.

I'm afraid that people generally think that there are authorities in place which will look after their interests as consumers and am afraid that's simply not the case. Either these organisations are under resourced, or they simply won't deal with individual complaints.

If you want to scratch that the best you can manage is to tell citizens advice and they will simply enter into some kind of database which will be accessible to trading standards. However trading standards will not deal with it on your behalf and will simply accumulate the information and when there are enough cases reported and when there other priorities allow, they may begin their own investigation – but they certainly won't leap into action on your behalf.

Citizens Advice are well-intentioned – and that's probably about as far as it goes. On this kind of thing they will encourage you to send some letters and they may then tell you to begin a legal action, but they won't help you through it or support you or help you draft any documents.
When it comes to enforcing the judgement, I'm afraid that you will be broadly on your own.

I don't paint a very rosy picture of the consumer protection function in this country and am afraid that is probably the reality of it. We have an excellent County Court system and the great thing is that you can represent yourself and also you can begin your action online. However, you need to do it yourself and if you want then we will help you.

If you want to go ahead and sue with the information that you have for the refund then that's fine – go ahead. We will help you. However we would suggest – from long experience – that you slow down and spend a couple of weeks getting extra information together so you can then be certain that you are able to decide your best course of action with the best chance of success and the best chance of enforcing the judgement.

You need to realise that you are up against some very experienced dealers here with a very bad reputation for avoiding responsibility for the cars that they sell.

[BankFodder]

By the way, did you send the letter which I suggested at the outset?

[juniper_sands]

No I haven't uploaded the letter yet . 

I have to find it in files .

 

[BankFodder]

No. You misunderstand. Immediately after you opened the thread, I urged you to send a letter asserting your rights under the consumer rights act. I said you should do it straightaway.

Have you done it?

[juniper_sands]

I have already written the letter and a follow up complaint letter for my car and one letter for my uncles car.

 

[BankFodder]

Did you specifically refer to your assertion of the right to reject under the consumer rights act?

[juniper_sands]

Yes I did do that and asked for a full refund.