German car shop in Leicester wont take car back 8 days after purchase.

[Aga.misia]

I dont mind , english is not my first language . Thank you for support

I was naive hoping dealer will try to resolve whats good for me aswell.

 

Edited June 6, 2021 by Aga.misia

[honeybee13]

So stick with BnkFodder's advice, he knows what he's doing.

 

HB

[BankFodder]

Make sure you keep the message. Have you got any photos?

Please will you send him an sar

[Aga.misia]

Yes , he did photos and video  of car and brake pads , sent me  via whatap

"We have been to see the car and taken photos and video" 

What sar ? 

Edited June 6, 2021 by Aga.misia

[BankFodder]

Follow the sar link SAR <<<<<<<

 

[Aga.misia]

Dealer sent me before midnight  : 

 

Good evening. As discussed over the phone earlier today.  We will not accept any mot or report from your chosen garage due to a conflict of interest.

 

1. You have refused to inform us of where you had booked in the mot.  We found out anyway and spoke to your technician who informed us he plans to fail the car besides the fact it hasnt been tested under regulations on an approved mot ramp yet.  He also informed us that you know each other personally which has now created a conflict of interest.

 

2. You have now stated that you will take it to another garage. And have refused to inform us which garage so we can not attend the mot to ensure fair testing.  You have also refused to allow us to choose an independant garage until you have had the vehicle mot'd at your own garage. PLEASE NOTE THE VEHICLE HAS NEARLY 1 YEAR LEFT ON ITS MOT.

 

 

3. You have refused to send photos and videos of the fault so far. So we sent an independant inspector out to take pictures of the cars rear brakes etc..

 

4. You have stated your vehicle needs rear brake pads.  In which case we are happy to accomodate and pay for if they need doing.

 

5. We have offered to take the vehicle back inline with our terms of sale.

 

6.  If you wish to return the vehicle please do not carry out any work, or mot testing on the vehicle. In the off chance the vehicle fails, there will be extra costs incurred due to the vehicle now being an mot failure. 

 

If you ignore our requests to not continue with your mot tomorow (due to conflict of interest). Then we will collect the vehicle and have it inspected at an independant mot testing station to ensure the vehicles mot test was not falsified. Until this is done, there may be some delays but we will not be able to resolve your issue until we have had our chance at inspection.

 

Therefore, if you wish to return the vehicle now (within our terms of sale). Please do so before any work or testing is carried out on the vehicle.  As stated above. We will not accept any mot or report from your garage due to a quite obvious conflict of interest. 

 

We look forward to your reply. 

 

Kind regards. 

 

I dont know the technican personally , he is laying , can he do that in such oficial letter ?  Looks like I may know every technican in my city which is nonsense as he insist to chose MOT station only by himself.

He is accusing me of smth which is not true .

Edited June 7, 2021 by Aga.misia

[BankFodder]

I suggest that you reply:

 

Quote

We both know that I haven't refused to give you any information at all.

I will provide you with photographs if and when they become available. As you know I'm not able to take photographs because I wouldn't understand what to take and in any event I wouldn't have access to those parts of the car which need photographing.

Secondly, I have not refused to allow you to have the car independently inspected an effect on more than one occasion you have told me that you will let me know the details of your independent garage and so far you have failed to do so.

 

 

Send him that – but don't have any other communication at all.

I can understand very well that this guy makes you nervous. He is acting in a disgraceful way – extremely unpleasant and extremely frightening.

Once again, then get involved in any other communication with him. Get your MOT send any testing. Make sure you ask for quotations for any work which might need doing but do not get any work done.

If you can get photographs then that is excellent. However don't communicate with them at all until you tell us exactly what you have discovered – any photographs and the results of any reports.

We will then help you decide the best course of action for you.

 

By the way, what is the name of the person who is sending you all these messages? Does he sign his name at the bottom of his messages?

[Aga.misia]

Thank you. I  m going work now , I promised no comunication  anymore with him. The person who send me messages dont know his name but its not the director I think as there is another person which I thnik is the director .

Can I do MOT in garage I got report from ? Or diffrent one 

 I only will make one MOT today as I m at work till 2 pm  , my boyfriend unfortunately will not be able to take in morning.

[BankFodder]

Get an MOT wherever you can. I suppose if you can get it in a different garage then it might be better – but even with the same garage it's fine.

I thought you were going to get two MOT's  today

 

Make sure you ask for a very comprehensive MOT. Ask them to check for any other defects and give you quotes for the work. Pictures if possible.

You definitely need to go back to your original garage for another MOT as well

[Aga.misia]

Ok so I have to go to original garage too.  But can he get away accusing me of knowing mot technican ? Which is  not true. I m so angry of his lies.

That dealer behaviur start affecting my mental health , nodoby has never been so disrespectful and bully towards me .

Garage probably will not provide me statement that I was first time there and dont know anybode there as garages probably dont want involes in disuptes 

Edited June 7, 2021 by Aga.misia

[BankFodder]

You have raised this point often and we've told you that it doesn't matter. Ignore him and ignore his threats and ignore what he says.

At the end of the day if it goes to court it will be what the judge thinks. The judge will not accept that there has been some dishonest agreement between you and the garage. This means that the dealer would have to be alleging fraud and he would have to produce excellent proof.

It's all nonsense and you need to start ignoring it and understand that this man is simply trying to protect his own interests and does not have your interests in mind.

Please stop panicking.

Have you sent him the SAR?

[Aga.misia]

I havent sent yet

 How to send it please ?.

[BankFodder]

Follow the SAR link <<<<   read thoroughly so that you understand what you are doing.

We will then go through it later on.

The idea is that if he says that he has taken photos et cetera then we can send him a statutory request for data disclosure and he will be required to disclose those pictures. Either he discloses them or he is in breach of the SAR – or he will have to admit that he was lying and he doesn't have any photos.

If he doesn't comply with the SAR then we might even think about suing him for breach of data protection rules which would produce a little bit more compensation.

The idea is to keep the pressure on this guy

[Aga.misia]

I dont know how to sent / forward that link to him

[BankFodder]

No. You don't forward the link. Siri information and later on we will send him a letter. Do not send him the link or else he will know that you are being advised on this forum

[Aga.misia]

Thank you Bankfodder.

I m still bit confused , shall I sent him email : 

SAR 

kind regards

 

[BankFodder]

Please pay attention to what I say.

Read up about Sar's and we will discuss it later.

 

Calm down get your MOTs and your inspections and quotations and photographs if possible

 

 

 

[honeybee13]

Hi Aga.

 

How has it gone with the MOT today?

 

HB

[Aga.misia]

Its failed on brake pads and discs , also 2 tyres need replacing soon . Plus vibration on idle need investigation 

When I go tomorrow again the Garage will probably see on computer what failed on and ask me why doing again.

[honeybee13]

I expect BF will answer but at the end of the day, you're the customer.

 

Did you say that the car had an MOT earlier this year? If so, did today's garage ask you why you wanted another one?

 

HB

[Aga.misia]

No , didnt mention  , garage new after first report last week . I m just thinking about tomorrow another MOT 

Good evening.  

 

I made a few phone calls. I found a garage who is willing to take a look at it tomorow.  Ive informed them you suspect the brakes may need attending to so he is aware. Ive also asked him to mot the car. Please note the vehicle is not due an mot. But as a good will gesture i will have it done and pay for the mot and work if there is any to be done.  

 

Please find below the garage details.

Please call the gentleman on the phone number provided below. He is awaiting your phone call.

Tunis Garage
Tunis street
Hull
HU5 1EZ

 07707682993

 

Kind regards.

 

German car shop.

I cant find this garage on google

Edited June 7, 2021 by Aga.misia

[BankFodder]

If they ask you why you are doing it again then simply be straight dealing with them. There's nothing to hide. Tell them that the dealer who sold it to you is disputing the defects and so you simply want confirmation.

Don't forget also to get a list of all the defects and a quotation for the repairs including the cost of two new tyres.
You probably wouldn't be up to get the value of two new tyres but I would expect to get at least 50% of the value although if you had to sue him, I would be suing for 100% – assuming that you decide only to sue for repairs rather than the refund.

Get the MOT and the list of defects tomorrow and the quotation – and then we can see exactly where you stand
 

[Aga.misia]

I cant find that garage details on google , plus I live on Hu3 , Hu5 is quite far away 

[BankFodder]

Don't reply.

I've had a look at Google and this is simply a residential street and if anybody is operating a car repair business there then it is simply out of a lock-up and it is not acceptable.

Don't reply to him. Get your MOT done tomorrow and then let us know what you find.

Don't start panicking again please. Don't start worrying to stay calm and get your MOT tomorrow and let us know

[Aga.misia]

 I m just scared today going for another MOT , as on yesterday MOT says : " brake pads less than 1.5 mm thick - dangerous dont drive until repaired" 

If police catch me I will be in serous problems . Any advice please . 

Thank you .

 

2021-06-07 Mer-Tech MOT report.pdf