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

[BankFodder]

Of course this was your choice. However I would certainly do the MOT is tomorrow. It's very important that you find out the extent of any problems.

Also, you should take the car to an independent garage after the MOT's and get a quotation for all of the work.

Be careful with this guy about getting any money from him. Make sure you refer to us before entering into any agreement

 

Also, you have suggested an agreement with him now, you can still change your mind. There's nothing binding here. When you get the results of the MOT's and then the estimate for the work, I'm afraid that I predict that there will be further arguments because he will disagree about the amount of work you want done.

Be prepared for him to cause trouble about this. You have already seen the kind of behaviour you are getting from him. Don't imagine that this is going to change when it comes to him spending money on repairs.

I'm afraid that this is unlikely to be the end of the story

[BankFodder]

Of course he doesn't want you to do the MOT. That's obvious.

You must absolutely do the MOT. Both of them. You have got them booked – please do them. It won't do you any harm and if the car is in good condition then it won't matter to him.

Don't tell him anything more. I'm sorry to say that you shouldn't have had any communication with him at all until the MOT's.

Please follow our advice. We are your friend. Say nothing more to him no more communication. Get the MOT is done both of them. Let's understand the whole situation.

[BankFodder]

No. If you have it repaired then effectively you have accepted his terms and the way that it was sold to you. You should be able to recover the money you spend on the repairs that you won't be able to return it.

The best thing you can do is to get the MOT's and then come here and tell us what is wrong. Then we can understand whether it is best for you to return it or to have the work done.

Get the MOT is done – and then a quotation and do not put any work in hand.

If you want to get work done it then if you decide that's the way it goes then you can have it done later on in the week.

If you want to get work done on it and keep the car then the way to do it is to let the garage know in advance so that they are fully aware and they have their own opportunity to inspect. As you have seen, part of the strategy here is to keep the garage informed of everything you are doing so later on they can never say that you are doing things behind their back and they didn't have a chance.

This is essential!

Get the MOT is done. Get a quote for repairs and then come here.

Once again, we are absolutely your friend and you can trust us.

Surely you have learnt now that you cannot trust this dealer

[BankFodder]

No!

If you telephones you you must not talk to him and you must tell him to put everything in writing. You should not give him any messages or make any promises or enter into any agreements.

We are trying very hard to help you here and if you go off and do your own thing and make your own agreements without checking with us then you will make mistakes which may be difficult to recover from.

Do not talk to him under any circumstances. Do not accept phone calls. Don't worry about being rude. Simply say – "do not phone me - put everything in writing. I only want messages in writing from you"

 

Has he been telephoning you? You haven't told us about this

 

Do not give them any information about what you are doing or what you are intending to do – until we have the MOT's and also the quotation for works which need doing.

After that we will help you contact him

 

Has he been telephoning you?

[BankFodder]

Please don't do it again.

We are trying our best to help you and yet you keep on doing things which will only end up hurting you.

I think you need to decide whether you want to have our help or you want to do things on your own. You need to make up your mind

I suggest that you block his number. You can always unblock it once you have had the estimates and the MOT's.

[BankFodder]

We could see from the messages that he was sending that he was getting worried. You had control of the situation. By telephoning him and making this compromise proposal, he has suddenly regained control. You are giving the game away.

Stop calling him. Stop contacting. Block his calls. Have nothing more to do with him until you get the MOT's and the quotations. Then we can discuss it here.

I'm sorry to say but if you decide to send him any more messages either in writing or phone calls or if you have a conversation with him on the phone that I think we have to withdraw our help.

 

[BankFodder]

Maybe it was rather harsh saying we would withdraw our help but it's very difficult to give you advice and having you agree that you won't send messages – and then we find that you are in fact having communications.

No don't send him any emails.

No contact.

No messages – nothing.

If he contacts you then let us know but do not respond. Do nothing until you have the MOT's and the quotes for any repairs and then tell us about it and we can discuss what is best for you to do.

Then you can make decisions. At the moment you don't have enough information about this bad condition motorcar which you have bought. We need to find out all about it and then you will be able to make decisions once you are informed.

No contact at all.

Stop asking – the answer will always be – no contact at all

[BankFodder]

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

Please will you send him an sar

[BankFodder]

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

 

[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?

[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

[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?

[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

[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

[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

 

 

 

[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
 

[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

[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

[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

[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

 

 

[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?

[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?