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

[honeybee13]

I've had to remove your post as the invoice has your name in it three times, plus your signature. We don't recommend putting personal details in posts.

 

HB

[BankFodder]

I think you are right not to drive any more. I've been thinking about it and frankly the risk to you in terms of illegality, dangers of an accident – not to mention the risk to some innocent person if they were injured or worse is simply not worth thinking about.

I think you have enough evidence. The MOT has been properly conducted – and you have been given a proper warning on an official document.

I suggest that you telephone the garage this morning, find out the cost of two new tyres. Find out the cost of them picking up the car and taking it to the garage for repair. We can then discuss with you think you are going to keep the car and have it repaired or you are going to sue the dealer for a refund.

If you decide to keep the car then I am confident that you will be able to get all of your expenses from the dealer although I expect it will have to be by court action.

If you decide to have the work done then you should also ask the garage to investigate the cause of the vibration and then depending on what it is, you should have this work carried out or at least get a quotation for if you can't afford it immediately and we will include that in the claim that we will make against the dealer.

If you can get those figures – the cost of two new tyres, the cost of picking up the car for repair then later on today we will write to the dealer and state your position.

Don't expect the dealer to be nice. The dealer will keep on trying to bully you and frighten you but you don't need to worry. You don't need to panic. And we will support you.

Does all that make sense?

[BankFodder]

And by the way - you want these figures in writing

[Aga.misia]

Yes , will get touch with garage after work

 

Bank Fodder , Honeybee thank you.

Can you also put in letter about that strange MOT garage the Dealer sent last night 

Hopefully Dealer will come with some normal proposal which I doubt. 

 

[BankFodder]

We do all that later once you get the full costings from the garage.

In other words, changing the brakes, new tyres, cost of collecting the car from you and initial exploration of the vibration – at £55 per hour.

You want one piece of paper with all of that on it.

If you decide to get the car repaired then you could probably get it repaired next Tuesday or Wednesday.

Given the stress that you are under, this might be the more suitable solution for you. And then we will help you recover the money that you spend on all of the repairs

[Aga.misia]

Can also Dealer cover cost of MOT ? 

If I decide to keep car .

 

 

Edited June 8, 2021 by Aga.misia

[BankFodder]

Yes of course. In fact tell them to include on the quotation cost of a new MOT after the work is done.

Don't forget you don't want any work done yet we are simply getting information and quotations. The dealer will pay for the MOT failure yesterday and also the MOT pass after the work is done. He won't like it but hey, what do we care?

[BankFodder]

Quote

Dear XXX

 

Extension a letter of claim

 

I’ve now had an opportunity to take the car for an MOT and also a checkup to confirm his general condition.

As expected, the car has failed its MOT on the rear brakes which apparently are an extremely bad condition. In fact the condition is so bad that they are on the metal and this is damage the discs so that the whole set has to be replaced.

Furthermore, I have now been told that the tyres are on the edge and need to be replaced.

The vibration has not been investigated because that would cost additional money and at this stage I had not warned you about this.

However, the garage will carry out an investigation of the vibration at £55 per hour.

I’m enclosing a copy of the MOT fail certificate and the provisional estimate for repairs for your attention.

As you can see, the repairs are provisionally estimated at £698. This figure includes VAT and it also includes an allowance of one hour to investigate the vibration and also £35 which is the cost of recovery the vehicle from its current parking place to the garage for the work to be carried out.

As you know, the car is in unworthy road condition – this is the condition you sold it to me in – and the MOT fail certificate makes it clear that I must not drive it and I am not prepared to break the law.

Because so far you have refused to cooperate in any way with my rejection of the vehicle under the Consumer Rights Act I have now booked the car in for some basic repairs – MOT, tyres and investigation of the vibration and the work will be carried out on Saturday, 19 June.

I’m afraid that your uncooperative attitude has made things very much more complicated then they should be. However I am doing my best to mitigate the loss for me and also for you.

The fact that you went ahead and sold an unroadworthy vehicle has also created a situation where I have to take my own action to try and reduce the effects of the problems caused by you.

I’ve already made it clear that I don’t intend to get into any negotiation with you despite your aggressive communications and your threats and your constant reference the so-called “trade sale” which we both know is an attempt to evade your statutory duties under the consumer rights act.

You have already committed an offence of selling a car in unroadworthy condition. I believe that there are some car dealers who have even been imprisoned for this kind of offence. If this matter goes to court and the judge accepts my position that the car was sold in unroadworthy condition then you can be certain that I shall be referring this matter to the Leicestershire trading standards authorities and I’m sure that they will be prepared to take the necessary action.

You have been invited several times to carry out your own inspection and so far you have not agreed other than to provide me with the name of some person who as far as I can see does not operate an established garage which anybody might consider is reputable.

I’m not prepared to put the car into the hands of somebody who is operating some kind of “lock-up” garage business on a DIY basis.

I will only permit the car to be examined by somebody who has acceptable credentials. I’m still waiting to hear from you on this basis.

If you think that I am preventing you from carrying out the inspection then you can certainly tell the judge who will be able to form their own opinion on this matter.

Frankly I’m not too bothered what you think.

 

So to recap, I’m putting the work in hand for Saturday the 19^th. Once the cause of the vibration is established then we will understand more fully the condition of the vehicle and what it costs to put it right.

In the meantime, I’m extending the deadline for my letter of claim to Friday, 25 June in order to give you time to receive the vibration diagnosis and to consider your options.

Please don’t treat this deadline extension as weakness. That would be a very serious mistake.

As a final note, please be aware that all of your threatening messages and evidence of your aggressive behaviour are being kept and will be shown to the judge.

If it starts to get out of hand then they will also be shown to the police.

 

Yours sincerely

 

 

[Aga.misia]

Thank you .Should I enclose MOT certificate and estimates for repair ? 

[BankFodder]

Yes of course. The letter says that you are going to do that.

You provide the fail certificate, the estimates, reports – et cetera.

Presumably you are going to email this yes?

[Aga.misia]

Bankfodder , can you add in letter that if dealer prepares to pay costs for  the estimate repairs I may consider to end the matter with him  and not taking further despite his behaviour.  As like some dealers do when faults appear just after purchase within 30 days 

 

Edited June 8, 2021 by Aga.misia

[BankFodder]

No - all that comes later.

You re making yourself look weak

You have no idea of the seriousness of the vibration problem yet. You need to know that and you need to know if it is serious or simple

[BankFodder]

Did you send the letter?

[Aga.misia]

Yes last night

[Aga.misia]

Good afternoon.

 

at 18.06 on Sunday we spoke over the telephone and you assured me you would not be taking your vehicle to merc tech. You stated on the telephone conversation that you would be taking the vehicle to another mot garage for an independent mot and inspection. merc techs report can not be considered independent because you know the technician on a personal level and he has already confirmed this to us over the phone.  I stated I would be taking the car to an independent mot garage and i booked an appointment for this, (stated in my previous e-mail). you missed the booking and you took it to merc tech besides advising you would not. your claim that you will only allow the car to be inspected by someone with acceptable credentials is strange. you know nothing about the garage or the mechanic, neither have you ever met them. we have the right to inspect and if we choose a particular garage to inspect the vehicle, why should you have a problem with that if you have nothing to hide?

 

Your mot/inspection of the vehicle was not done independently as you stated it would, therefore we will be inspecting the vehicle ourselves at a registered independent mot testing station. (you will receive a full report on this) We will collect the vehicle ourselves and have it checked. if the vehicle has failed on its brakes as you stated. Then we will replace the brakes.

brake pads and discs are £158.60 labour £60, a total of £218.60. The tyres will not be replaced as they are currently road legal. To sum up our stance, we will repair any mot FAILURES and ensure the car is road legal. we will not be paying £55 an hour for your garage to investigate a vibration, we can look into this ourselves if a fault exists. We will not be paying you £698 to repair the vehicle as this cost is massively exaggerated and it would be cheaper to repair it ourselves. we have the right to repair it ourselves, and we will if it is a repair that you want. We have already offered a take back. and if you want to go down that route, we will be happy to accomodate subject of us inspecting and confirming the faults ourselves. Any work carried out on the vehicle will void any claims made. We do not allow other garages to carry out repairs unless we have authorised it first.

 

to sum up our stance. 

 

Here are your options.

 

free repair of any MOT FAILURES subject to inspection by ourselves. 

 

Take back of the car (subject to inspection by an appointed independent mot garage AND ourselves)

 

£300 as a good will gesture to end the matter.

 

I look forward to your reply. 

 

Kind Regards.

 

german car shop.

 

[Aga.misia]

I m so angry , why he still claim I know technican on personal level ? Why he  keeps lying ?  He cant get away of accusing me of this ! I dont know any technican on personal level . But he probably knoes that dogdy non exisisting  garage he wanted me to go . 

[Aga.misia]

I hate this guy , such a dishonest , lying , but karma comes back 

[honeybee13]

Don't get distracted by the trivia, Aga, let's concentrate on strategy. I'm sure BF will be along later.

 

HB

[BankFodder]

Yes., Karma comes back.

We have sent in an extremely confrontational and aggressive letter and you have told him what you are going to do and of course he doesn't like it.

 

As my site team colleague has just said – don't get distracted by the trivia. His responses are completely predictable .

 

He seems to be offering to take the vehicle off your hands – and of course that is fine if he pays the money.

 

If you would like to do that then we will send a message. However, he will have to give security for the payment before he removes the car. Other than that I would get involved with him.
 

[Aga.misia]

Thank you for reply.

I want get rid of the car but He is probably lying , he will take car for so called inspection and leave me without car and come back and decided he is not taking it .

He offered me on sunday 5000 pounds for me taking car in such bad brakes  to him obviously without me having MOT. MOT failure no car accepted. He is absolute liar. 

I could only maybe  accept 500 pounds compensation to end the matter but not 300.

I wish he pay me 300 f so called goodwill gesture and I could still carry on  sue him for rest repairs but thats not possible ? 

I want him to fall in his own hole . 

Can I report him to Autotrader ? 

[BankFodder]

I agree that he is probably lying. He won't even want to carry out the inspection that he is proposing and in fact I wouldn't be prepared to allow him to take it for an inspection unless we agree in advance what garage.

I think you've had enough inspections now. You have a failure certificate and I think that is your position.

 

Quote

Thank you for your email today.

I've had enough inspections now and you have had enough time to deal with it.

It is quite untrue that you arrange an independent MOT and in fact the only suggestion that you made was that I telephone some completely unknown person who apparently provides some kind of mechanics service.
I've already pointed out to you that this is completely unacceptable. I'm not going to go over the reasons why again
The car displayed serious faults only six days after I bought it. It's clear that the defects exist and under the Consumer Rights Act the courts will accept that the defect existed even when you sold it to me. It is clear that you have committed an offence under the Road Traffic Act by selling me a car which is in unroadworthy condition and you could be certain that when I have the judgement from the County Court which confirms that, a copy of the judgement will be sent to the authorities for Leicester and we both know that they will be very interested in taking action against you.
It now has an MOT failure certificate and therefore it cannot be driven.
If you are prepared to take the car back then I am happy to let you take it but it will be on condition that you  organise collection and also because I do not trust you, you will have to make a satisfactory arrangement to make a payment of the full purchase price before you take the car away.
The best solution would be that you make a bank transfer into my bank account. If you have some other suggestion to make then let me hear it.
There are no other circumstances under which I would let you take the car away.
I have provided you with all information and I have also given you the timescale in which I shall be taking my own action and eventually that will include issue you with a court claim.

I've already said that I am not prepared to get into any further discussion or negotiation with you.

 

 

 

[Aga.misia]

Thank you BankFodder , your help is pricless 

I have now passed this case on to my solicitors.

They will be in contact with you from now on and you can deal with them.

Best wishes and kind regards.

He is getting clever now

[BankFodder]

Thanks.

Well if it's true then it's good news. Frankly I doubt whether it's true but if it is true then at least that will be the end of the road and threatening messages and there will be proper communication and hopefully they will get some sensible advice about what to do.

Don't reply to it. No need to reply.

Mind you, there are one or two services on the Internet which apparently are meant to help the used car industry. They write crappy letters and try to cite the law to you. You may get one of those. I don't know if it cost them anything – but anyway, whatever you get, post it up here and don't worry about it.

[Aga.misia]

I m not good to comunicate in legal language .

Actually I dont believe him , probably somebody will be pretenting to being a solicitor 

[BankFodder]

Don't worry about legal language. Stop worrying. I have a sense that you are already going into a panic.

As I said, if a proper solicitor starts dealing with it then it would be excellent instead of dealing with cowboys