Big Motoring World fault within 2 days from purchase

[BankFodder]

The letter is fine – but frankly given the reputation of this company Big Motoring World I would turn into a letter of claim and that means that at the end, I would put a paragraph such as:

Quote

I'm aware of your reputation for stalling and attempting to frustrate customers.
As indicated above, the fault has been confirmed by your own mechanic.
If you do not make appropriate arrangements to collect the vehicle and to refund me in full when 14 days then I shall begin a County Court claim against you and without any further notice.

Please note that you should not attempt to impose upon me any duties of confidentiality or without prejudice without my prior written agreement.

It is unfortunate that you have tried to invoke the warranty because I suppose that Big Motoring World could try to say that you have accepted a repair then rather than a rejection.
Of course they would be completely wrong to do so. But I'm just putting your notice that this is the kind of thing that could happen.
I suggest you write the warranty company. – Everything in writing – cancel the appointment. Tell them that you are revoking the warranty and that you want to know what the arrangements are for reimbursing you.

As you have rejected the vehicle you certainly shouldn't drive it they could easily start to say that you are responsible for various faults and that they would want further inspections. However it is extremely helpful that you have. To identify defect themselves.

Frankly I expect that they will put their hands up in this case but of course keep us informed.

The threat of legal action is not a bluff. If you aren't prepared to take it then don't make the threat and send your letter without the proposed paragraph.

However, if they don't solve the problem within 14 days then I don't really have you have any choice. Your chances of success on the basis of what you say are probably better than 99% – but I expect that the chances that they will put their hands up are about the same

 

In terms of your ancillary losses, get the return and the refund sorted out first and then we will deal with those afterwards.

 

[BankFodder]

It's a load of rubbish. Did you send the letter which I proposed above?

[BankFodder]

Okay, sorry for the delays. I've been running round like crazy for the last couple of days. I apologise for making you wait.

I have made a few edits in purple. They aren't massively significant that maybe there are little bit more assertive.
I suggest that you start preparing your particulars of claim on the MoneyClaim website. You will have to open an account there.

Do note that this is well over £10,000 so you go onto the fast track. This means that if you lose the case that you would be liable for some costs of the other side. This may prompt them to try and outspend you. I think the cost of starting a case of this value is about 5% of the value of the claim. On the basis that you win, then you will get this back. Also you will get your own costs – litigant in person costs which I think are currently about £18 an hour.

So if you decide to make the claim you should start keeping a close detail of all the time you are spending on this including researching, time on this forum. List it out in detail. In order for a judge to award you your litigant in person costs the judge will have to be satisfied that you want on a money grab and that everything is carefully accounted for.
Account for every five minutes spent – with an explanation of what it is.

Also, your claim will include interest at 8% on the amount claimed – which is pretty good at today's interest rates. This would be from the date that you deliver your rejection letter.

Be prepared to be mucked around by these people.
You will have to stand your ground.

If you aren't prepared to start the claim then don't send the letter of claim because you will lose all credibility. This is not a bluff.

Be aware that if they do pay you, they may well try to hang onto some costs/charges. They may even want you to agree in writing not to bring any further actions. They will also try to sign you into an NDA – nondisclosure agreement. – You should probably refuse all of this.

Let us know what you want to do.

Consider carefully if you want to bring legal action. Your chances of success are almost 100% – – but you may consider that the outlay is too great. I can imagine that this is what Big Motoring World relies upon when their victims have problems with expensive vehicles. Victims get rather frightened of starting a court case because of the cost.

 

And by the way, big motoring world monitors the site. They monitor the Facebook page as well

[BankFodder]

I have made some edits above – but am I getting confused? Is this the big motoring world case where they have said that they getting ready to repair?

Please don't send this letter off yet until you clarify that.

I've just noticed also that this is the one with the identity verification issue so I'm going to make a further edit

[BankFodder]

Here is a proposed addition/amendment to the above letter

 

Quote

I have since received an email from you saying that you do not accept my rejection because you cannot verify my identity.

Clearly you are trying to avoid your legal responsibility. There is no provision in the Consumer Rights Act which entitles you to do this. You and your mechanic are well aware of the vehicle and of my identity and also of the defect which emerged and which was confirmed by your mechanic after I refused to leave your premises until one of your staff checked the condition of the car.

It's completely up to you, but if you do not refund me then I will begin a legal action against you. If you want you can refuse to respond to the court papers on the basis that you have not verified my identity.
 

And sorry, I can't think of anything more intelligent to say. Their request for identity verification is absurd. If you get a court I think the judge will probably adjourn for 10 minutes to get over their laughter before they can continue.

[BankFodder]

Thank you. I'm sorry I got confused. Too many things going on at the same time! Both in-forum and out-forum.

I'll amend the verification point. As you have clearly identified that they do have your email address – presumably having received emails from them, it seems to me that they have a data processing failure and this would be a breach of the data protection act.

We may as well point that out to them in your letter.

While we both online at the same time – are you prepared to take legal action on this?

[BankFodder]

Thanks.

 

I made a further edit, this time in green – which refers to their verification problem.

 

Please have a look – have a close look because I dictate everything and there are often typos due to my poor proofreading. Make sure that you are happy with the letter.Let us know if there is anything you want to take out or to add.

[BankFodder]

They are idiots.

Are you ready to send the letter of rejection?

If so then at the same time I would probably just drop a note in reply to the message you have received

 

Quote

Thanks your message

The problem with the sensors was identified by your own mechanic on XXX date. We don't need another diagnosis.

I have just sent your company a formal letter of rejection and proposing to take legal action if it does not happen within 14 days.

 

 

I have to say these people are really quite incredible. Wriggle and wriggle. They are the most squirmy people. I wonder if their children know what they do for a living and how they and their money during the day

[BankFodder]

Okay I made a couple of changes – in orange.

I suppose that we better call it a day and send this off because we are running out of colours.

Once you sent this, open account with the County Court MoneyClaim online service and start drafting your claim. Post the particulars of claim here before you click them off on day 15.

We may as well assume that they are going to force you to take legal action.

Don't let them stall you for any reason at all. You seen all the little games they play. Don't be led around by the nose. Take control