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    • See if this is in order please. I photo of the chimney and Hale Surveys remaining.   Bundle 24 JanM.pdf
    • Hi all,  A good friend of mine recently had a similar issue and this is my first car. I've had a consistent barrage of problems.  I purchased a vehicle from Beavers Cars Dealership - From Auto Trader.  This is a draft I've written: Dear Beavers Cars, I'm writing to you about the Audi A4 (2007) I bought from you for £3200 on Sunday January 09 2022. The vehicle had prior faults before purchasing the car, during the test drive the Engine Light came on.   This being my first car as I've recently only passed my driving test, Amir who dealt with me re-assured me that this fault is nothing serious. I phoned a friend who advised me that this is a major fault and that needs to be looked at.   Amir took me to a local garage 1 minute from the Offices and had a mechanic he knew inspect this fault. The mechanic advised that the throttle flaps are shown as an error code on his machine and need to be cleaned, he took the throttle flap device off to clean it, the fault still persisted, he replaced the entire unit which then cleared the fault. I spent roughly 3 hours in the garage trying to resolve the fault error codes. I then was shown that these codes were cleared and that its all now in good condition and working.   only test drove this vehicle at maximum of 40mphs and as it was central London taking it on the motorway was a long way away. I paid a £200 deposit initially on Saturday the 8th January 2022 and went to London on 9th January 2022 to check this car. Once everything was sorted at the time, I was convinced by a sales pitch of Amir that this car is road safe and I'm able to drive it back to Brighton with no issues. I paid the remaining £3000.   Upon leaving to the motorway, the engine was struggling and it was making a very seriously bad noise, the turbo was not picking up properly and it really felt like there may be something seriously wrong with the car, when I would pull up to roundabouts the car revs would flicker and the car would shake.   I then had it serviced and got a Carbon Clean on the engine and everything seems to be in order, it started to drive a little better, but I barely ever gone over 40mph.   I wanted to speak with Amir to discuss this and tried calling on the 20th January 2022, knowing I still have my rights under the Consumer Act 2015, but wanted to address the issues and find a solution. I was unable to get hold of him.   The third time I went onto the motorway on 22/01/2022 after going around 65mph the Revs just went to 5 and my car started to slow down, I was not able to push more than 35mph in a 70mph, which almost caused a collision. I luckily was only 20 minutes away from home and was able to come off the Motorway and get home safely.   During some of the inspections that I had the engineers that Amir took me to by Beavers Cars dealership is called Speedy's Autos. He said that the car is road safe and being a mechanic shop re-assured me.   Since I had the car, the drivers seat-belt would unclip from time to time, I was told the tread on my left front tire is below the legal limit. I've had the sensors, electrics and front and rear brake lights needing replacements by what it sounds like the Turbo completely went   and I should not have been allowed to drive this car back to Brighton. It put me and others at risk especially when they knew I've only just got my drivers licence and was still a new driver.   I would like a full refund for the £3200, I've already spent money on a set of new tyres, wheel alignment and brand new brake pads and brake disks and a repair on the seat buckle luckily the parts can be returned and wheels aren't due to be fitted until Monday 24/01/2022.   I've also already paid for Road Tax, Parking Permit and insurance on this car which I will have to sort out. . The Consumer Rights Act 2015 makes it an implied term of the contract I have with Beavers Cars that goods be as described, fit for purpose and of satisfactory quality. As you are in breach of contract and I've owned the vehicle for less than 6 years, I am within my statutory rights to ask for a refund at no further cost to me. I look forward to hearing from you within 14 days with details of how you plan to resolve this matter. Yours sincerely,   ........................     Any help would be appreciated.  I've sent this over to them via text to Amir who I been dealing with from Beaver Cars in Hounslow - I do not have an email for them.    Amir Beavers Cars 61 – 67 Salisbury Road Hounslow Middlesex TW4 7NW Dear Sir/Madam Ref: xxxxxx On 09/01/2022 I purchased, and took delivery of, the above vehicle an Audi A4 Avant 2007 from you. On 22/01/2022 I discovered that it was not of satisfactory quality: the turbo cut out and car would not go over 40 mph, even after restarting.   The Consumer Rights Act 2015 requires dealers to supply goods that are fit for purpose, as described and of satisfactory quality. However, the vehicle is clearly not roadworthy. You are therefore in breach of contract.   I am legally entitled to reject the vehicle and to be reimbursed the original purchase of £3200. I look forward to receiving your cheque or banks transfer refund to my account: xxxxxx – Account Number: XXXXXXXX Sort-code: XXXXXX the total sum of £3200 within 14 days. If you fail to reimburse me, I shall have no alternative but to issue a claim against you in the county court for recovery of the money without further reference to you. Yours faithfully   If they refuse to refund me, what would be my next steps? Thank you
    • The mediation went ahead in the first week of January and I was surprised at how confrontational the mediator was.  The call started on time and as usual I was asked to briefly explain the situation which was pretty standard.  Item posted using Hermes – item never made it from pick up to depot, Hermes deny any responsibility.  I was asked if I understood the mediation process and to confirm that I agreed to compromise.    I said I was happy to participate and that by way of compromise I would be happy to forgo the interest – but that I was looking for the full verified value of the item (sold price plus postage minus the £27 unilaterally paid by Hermes).  I went through the reasoning explaining the unfairness of the policy whereby the customer is asked to take out insurance to protect Hermes from its own negligence and criminality etc. and sat back waiting for the mediator to respond saying she would now speak to Hermes.    She didn’t.   She explained that this wasn’t a compromise, that mediation does not work like this and that she was ending the call and that I should now continue through the court.  I insisted that she puts my offer to Hermes but she refused.  I then knocked 10p from my demand which she could then not argue was a compromise and which forced her to communicate with Hermes.    I was on the call for about 30 minutes – I’ve read on here that others have ended the call and been rung back several times – I was placed on hold briefly during the mediators exchange with only a minute or so between interactions.  The frustrating thing is that every demand I made was immediately accepted by Hermes and it was the mediator who was the obstacle – at one point she even advised me that Hermes had no obligation to pay the costs and that I shouldn’t press for that.  I ended up negotiating it up to £350 which is £18 short of the total claimed; but to be honest I was past caring at that point.   It is of note that Hermes exploited every deadline and have made the process as long as possible.  I had to provide them with my bank details within 5 hours and they then had two weeks to make the payment which they did on day 14.  I’m happy with the outcome and that I forced them to pay but it’s frustrating that a company is obviously training their staff to treat their customers with such obvious contempt.    I will never use them again and have already bought something on-line from a company but only on the proviso that they don’t use their usual shipping solution (Hermes) – to which they agreed.   Thanks for the great work on this forum and to all who are taking action against Hermes – keep it up!!
    • Hi    Thank you very much indeed Mantis .  I really really appreciate your advice.  He had high blood pressure Thursday so I left it, but told him I had good news from CAG and arranged to meet up with him on Sunday to go through this matter.    Thank you again    Have a good weekend  Warm Regards  W.
    • well they cant just roll up and barge in so dont worry too much,    can you pop what you have received to one mass PDF only   read our upload guide carefully.    
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Vulcan Motor Company, Norwich - Problems with a 2nd hand car sale


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I think you should do that. I think you should pay the bill and then recover it from Vulcan.

Write to Vulcan and tell them that this is what you are doing.

Also if I were you I would take possession of the caliper to save any accidents or mistakes.

It's important to pay the garage because you are going to be relying on their good will at some point so keep them on side.

 

Keep on writing to Vulcan. Don't bother to write to this legal claims people

 

 

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ok, have paid the garage - they have said if I want the caliper and pads I need to pay £50

would this also be recoverable from Vulcan and do I tell him that I have also paid that in the letter I am to write to him?

 

So if I don't hear from this 'legal team' within 14 days or he doesn't arrange to come and collect the car what happens then? 

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Yes you must warn Vulcan in advance about every liability you will are incurring on their behalf.

 

Send them a message letting them know the cost of the caliper and that you will be recovering it from them at the forthcoming county court action.

 

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my letter reads

Quote

 

I am writing to advise that I have paid the garage for the repair to the vehicle XXX a total of £190+ vat 

 

I have also paid a further £50 for possession of the damaged caliper and brake pads whichI intend to also recover from you at the forthcoming county court action

 

yours 

 

 

is that ok? Should I include the invoices for both?

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You really should be giving them advance notice about this kind of thing.

 

Don't send the letter yet. Standby for a full reply later

 

 

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2 hours ago, Fringer said:

ok, have paid the garage - they have said if I want the caliper and pads I need to pay £50

would this also be recoverable from Vulcan and do I tell him that I have also paid that in the letter I am to write to him?

 

So if I don't hear from this 'legal team' within 14 days or he doesn't arrange to come and collect the car what happens then? 

 

The garage that fixed the brakes for £190 + VAT now want to charge you an additional £50 to return to you your own property (the old caliper and pads)?

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not sure how the warranty plays any part in what they charged you, nor can they charge you to get the callipers etc back. the warranty is nothing to do with that garage?, unless they've made a deal with vulcan to be paid something directly?

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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7 minutes ago, dx100uk said:

not sure how the warranty plays any part in what they charged you, nor can they charge you to get the callipers etc back. the warranty is nothing to do with that garage?, unless they've made a deal with vulcan to be paid something directly?

 

 

 

I agree.  I don't see what "warranty work" has to do with it, or why it would attract a surcharge?  The OP is entitled to have the old scrap/worn pads and caliper back - they still belong to him, not to the repairing garage.

 

(It could be argued that it's always good practice for a garage to offer the replaced parts back anyway.  A good friend of mine advised me to always ask for replaced parts back when dealing with places like Kwik-Fit.  To make sure they really needed replacing... )

Edited by Manxman in exile
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I agree, that it is very surprising that they want to sell you the old caliper – but as I've already said, you need them on your side.

Simply pay it and we will deal with that later on. It's important that you secure that caliper because it may become important evidence. If you don't have it then it may then become a question of your word against Vulcan's.

Pay the money for the caliper and keep them sweet. You don't need more conflict

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Do you have off-road storage for this vehicle or are you keeping it on the road?

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Standby for a reply this afternoon.

 

It's probably about time that we started going forward on this

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The 'surcharge' for the caliper could possibly be a result of the garage fitting an exchange/reconditioned unit and there is a surcharge until the old one is returned for reconditioning and resale. 

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Quote

Dear XXX



Further to my letter of claim dated XXX, I'm putting your notice that I have also incurred additional expenses:
expense number one – £XX
expense number two – £XX

I was obliged to incur these expenses because it is necessary for me to keep the car on the road and I did not want to keep the car in an unlawful condition thereby vitiating any insurance cover.

These expenses were necessarily incurred because of your uncooperative approach and the fact that you seem happy to have sold me a vehicle despite the fact that this is an offence under the Road Traffic Act  as well as being in breach of your obligations under the Consumer Rights Act.

 

I shall be adding these expenses to the county court claim which I shall be bringing against you. Also, I may add the cost of insuring the vehicle while you refuse to honour your obligations.

In my recent letter I gave you a 14 day deadline and I am pointing out that the clock is still running and at the end of the 14 days I shall be issuing proceedings against you.

Yours sincerely

 

Please check that this letter is correct. Please post up the final draft with the figures et cetera inserted. When we have checked it then you can send it off to him.

Meanwhile you better register on the money claim County Court website and start preparing your claim. Make sure that you identify the name of the garage correctly because you don't want to give them some technical escape route because you have misidentified the identity of your defendant.

I understand that you are still using the vehicle? I suggest that you stop

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this is the letter ready to send if ok 

 

 

Quote

 

Further to my letter of claim dated 30th November 2021, I am putting you on notice that I have also incurred additional expenses:

Expense one - £190+ vat  you are meant to explain what these expenses are

Expense two - £46+vat

 

I was obliged to incur these expenses because it is necessary for me to keep the car on the road and I did not want to keep the car in an unlawful condition thereby vitiating any insurance cover.

 

These expenses were necessarily incurred because of your uncooperative approach and the fact that you seem happy to have sold me a vehicle despite the fact that this is an offence under the Road Traffic Act as well as being in breach of your obligations under the Consumer Rights Act.

 

I shall be addressed  adding these expenses to the county court claim which I shall be bringing against you. Also, I may add the cost of insuring the vehicle while your refuse to honour your obligations.

 

In my recent letter I gave you a 14 day deadline and I am pointing out that the clock is still running and at the end of the 14 days I shall be issuing proceedings against you.

 

Yours sincerely

 

 

I will do the money claim online now - should I say that he offered me half ?

 

Edited by BankFodder
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I've made some corrections which I see in fact were typos of my own which you copied. I'm using dictation software and you shouldn't simply repeat my letters blindly.

Also, you are meant to explain what the expenses are – and also if they are plus VAT then you should give the total

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Hi 

Letter was amended and sent recorded delivery on Saturday

I have also stopped using the car and emptied it out waiting for him to collect...

 

Is this explanation ok to put on the Money Claim?

Quote

I purchased a motor vehicle on 17th November which had received an MOT the day of purchase however, 6 days later on 23rd November after hearing an awful noise coming from the rear wheel and advising the dealer, he asked me to have the vehicle recovered to my local garage for diagnostics. 
The garage advised the following day that the rear caliper and brake pads had to be replaced as the caliper had completely seized solid and there were no brake pads left. I advised the dealer of this and was offered half of the cost toward the repair as a gesture of goodwill. I refused and requested to return the car to him for a full refund as he has sold me a vehicle in an unroadworthy condition and by the condition of the brake pads, it would appear the MOT either not correct or false. The dealer has now refused contact with me stating his legal team will be in contact.  

 

Edited by Fringer
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1 hour ago, Fringer said:

I purchased a motor vehicle registration number XXX for £XXX on 17th November.
Although the vehicle had received an MOT on the day of purchase within six days it manifested serious braking problems and an inspection revealed that the brakes were in a dangerous condition and that it should not have passed its MOT.
The car is not of satisfactory quality in breach of the Consumer Rights Act 2015. Furthermore, the car has been sold in a dangerous condition and is unroadworthy in breach of section 75 Road traffic act 1988.
The defendant refuses to reimburse the claimant
.
The claimant seeks reimbursement of £XXX plus £XXX expenses plus interest pursuant to section 69 County Court act 1984

 

 

I've referred to expenses. Were there any expenses or losses? And if so what were they

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Date of purchase – because the contract was void right from the beginning

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What does your letter of claim say?

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