German Car Shop , Leicester - sold unroadworthy car - won't take it back

[BankFodder]

Okay this thread has history. I'm pleased that you have come back and that you have decided to try again.

So that people understand where we are, you bought a car for cash about 150 miles away. When you got it home you found very quickly that it was not in roadworthy condition. I advised you put it through an MOT and in fact it failed the MOT, particularly because the brakes were down to the metal. This is clearly a very dangerous situation and you were advised no longer to drive it. Selling you that car was an offence committed by the dealer under the Road Traffic Act 1988.

I think you were also given advisories on the MOT – in particular the tyres which apparently were at the edge of their useful life and also I believe that there was a comment that the brake cylinders were extremely stiff and say they weren't withdrawing smoothly which meant that even though the brakes might be changed, they would soon be down to the metal again.

I understand that you have had the brakes done and it has been MOT' d again and it has passed but with the advisories which I have mentioned above.

There were also vibrations and I understand that this is now been investigated and it seems that it is a problem with the fuel injectors and that you have received an estimate for repairs and the whole repair bill is something like £2500 – although maybe you need to confirm this for us.

I recall also that there was an extensive exchange of messages between you and the dealer. They were extremely threatening and you were very frightened and that eventually you got so concerned about the threats they were making that when they offered you £300 in settlement of everything, you accepted it.
I've already pointed out to you that this was a mistake. However, the circumstances are such that I think we may be able to overcome that.

Please can you let us know whether this is an accurate summary of the events so far.

Have you kept all the messages that were exchanged? If you have then you should make sure that they are fully saved and also printed out. Can you do that? It may be easiest if you forward them to yourself by email and then print them out. Can you do that?

[BankFodder]

Okay. Print out all the messages and start opening a file and put them into your file and make sure they are properly organised.

Are you able to use an Excel spreadsheet? If you can then start indexing your documents as described in the advice we give on organising your court bundle.

 

Monitor this thread for a further apply tomorrow.

Please make sure that you are fully up for this because I expect that they will give you a bumpy ride. But if you stick by us this time, you can see it through.

[BankFodder]

Well doing a very simple spreadsheet like this which isn't calculating it's just for keeping a list, is extremely easy and you will probably get the hang of it very quickly.

If you don't have Excel, then try OpenOffice Apache which is a free spreadsheet program 

Announcing Apache OpenOffice 4.1.10 : Apache OpenOffice

BLOGS.APACHE.ORG

 

[BankFodder]

In the next couple of days so we will simply prepare a letter of claim and send it to him.

I don't see this any point in beginning a load of new correspondence.

I think simply a letter of claim and then issue the proceedings. Once you have sent a letter of claim, you will have to you brace yourself for a load of angry messages. You should not reply to any of them that you should let us know about every one of them.

[BankFodder]

Did you make any mention of the action that you are now proposing to take?

I suggest that you don't put up any more reviews until after it's all finished.

In the meantime, before we start doing the letter of claim, please will you go to the County Court money claim online MCOL website. Register an account and start preparing your claim. You can save your work as you go. You can start identifying yourself on the website and also the defendant. Do as much as you can do that the important thing is to understand the MCOL service a bit and to get comfortable with it.

It's quite straightforward.

Let us know when this is done.

[BankFodder]

What does your receipt say? What is the name of their website? What name have they been using in their messages to you?

[BankFodder]

That's who you sue

[BankFodder]

And by the way, you need to be very careful about the postcode.

Their website has at least two different postcodes. One of them are certainly not correct.

 

Also against their Google entry they have yet another postcode which is also incorrect.

Also the company name which is given on their website is not the correct registered company name. I have a feeling that this company could be quite slippery to sue and also to enforce judgement against.

 

[BankFodder]

If the dealer has put a good review in your name – please take a screenshot of it.

This is extremely important

[BankFodder]

If you find the review, then use your "print screen" key – prtscr – on your keyboard and take a screenshot.

Do it again using the control key and screenshot

Make sure you get a copy of that page. Where is the review? Can you link us to it please

[BankFodder]

In fact don't worry, I have found it and I have downloaded a copy

AGA review.pdf

[BankFodder]

I'm going to say right now that in addition to helping other people, we are also dealing with our own issues in our own lives.

You come here for free help and you get on our terms.

For the record I'm gonna point out that I bent over backwards to help you and to try to rescue you from the mess that you put yourself in – and we had a very good case and we were on the verge of sending out a letter of claim and then issuing proceedings – and it was you who went ahead and agreed to accept £300 in full and final settlement of the entire claim which I understand may well have been worth over £4000.

You actually make promises to me that you would cave in and you would stand your ground in the face of aggression from the dealers, but in breach of that promise you simply went ahead and made your own private deal and basically sold your rights for bonbons.

Since then you have come back to me and said that you have changed your mind and you realise that you made a mistake and did you have a chance of recovering all of the money.

I have told you that there is a slim chance that you will have to wait. You are waiting longer than I suggested and once again there are all sorts of reasons for this. We have our families and we have our lives and we have our own difficulties but you only seem to think about yourself.

You sent me an email a couple of days ago which was extremely unpleasant and aggressive.

I have to say that if you had used the same style of aggression and assertiveness towards the dealers who basically have ripped you off, and then to who you sold yourself for £300, you would not be in this position.

By now we would have probably been in a situation where the very least they would have been a mediation – and maybe even a judgement in your favour.
But you sold it all for £300.

I'm happy to look back at this again that first of all I think you had better comment on what I've just written and secondly I think you need to understand that it's an extremely slim chance – partly because the company you are dealing with seem to be so aggressive that I'm not sure whether you will be able to stand up to them when things get tough.

A slim chance of success means that you will have to lay out some money to bring the court proceedings and that you could find yourself in a position where you lose the court proceedings and that means that you are left with your wreck of a vehicle and also the loss of your expenses.

If you happen to succeed then you will have a judgement in your hands but of course as I've always said, the next problem is to enforce the judgement.
If you are able to enforce the judgement then you will be left with the wreck of your car, a judgement in your hand, and expenses of the claim and also of the enforcement which you will not be able to get back.

[BankFodder]

4 hours ago, Kyosanto said:

Any business which in the year 2021 makes light of mental illnesses and call their customers "bipola" need to close shop and return to the middle ages whence they came from. 

Bravo.