Car faulty after just 1 month - Help!

[sailor sam]

First of all, their 1 month 'warranry' may as well last 6 months because under SOGA any fault which develops in that time is assumed to be present at the point of sale. (It would appear that by only offering a 1 month warranty, they are unaware of their responsibilities under SOGA) Secondly, you mention that the wrong oil was in the engine... have you proof of this because I couldn't see an explaination in your post (appologies if I missed it!).

 

Your actions should be as follows; contact the seller by phone and in writing (by recorded delivery) asking him to recover the car and rectify the problem at no cost to you (as stipulated under SOGA) or you will reserve the right to either have the repairs carried out yourself and persue them for the bill or reject the car and demand a refund. Send a copy to the finance co as they are also liable (if the car is subject to and HP agreement and NOT a loan). Give a time limit of reply of 7 days. Send the letter even if they agree to 'look' at the car over the phone and tell them you will be writing to them formally following advice you have been given. Come back when you have any news.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Can do but remove any personal details first.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

I've just gone over my dates as wasn't 100% sure, and they are as follows:

 

Bought car - 18/04/10

Picked up - 21/04/10

Broke down - 18/06/10

 

So, in actual fact, car was fine for 2 months. This wouldn't change anything would it?

 

I will try and send you a copy of letter tomorrow.

 

Thanks

 

No

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

PM sent to you sailor sam

 

Just seen it. Seems ok. Can you clarify whether the dealer you bought it from is a franchised Vauxhall one?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

[sailor sam]

No, not a Vauxhall franchised dealer.

 

Pity because there's a new cagger on here called VX Max who claims to be a customer service rep for Vauxhall. Not sure he can do anything as you havn't bought from a Vauxhall dealership but i'm sure he will be interested in trying to preserve the reputation of the mark so I suggest you run this situ by him before sending the letter.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Send the letter Monday then.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

If their response was by email (must of been), print a copy off (as with all future correspondence) and keep it in a file. It may help if you PM it to me.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

According to the OP's original post Conniff, the finance co don't seem to want to know apart from offering £200 towrds the bill. I would put money on it being n HP agreement which will be good news for the OP in the long run.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

[sailor sam]

By the way Birdy, how many miles has the car done; at the time you bought it and current?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Thanks for that very informative post Helio (as usual!). One thing you may have not picked up on though is that the OP believes the wrong type of oil was added when the seller did the 'full service' prior to purchase. This is signifitant (although perhaps not a contributing factor to the main problem) don't you think?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Maybe. Lets hope they get back to you before your deadline expires!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Don't forget to add interest to the court application. If in doubt, come back and i'll advise further.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Thanks Sailor.

 

Another quick question, when I put on the amount I want to claim, this would obviously be the repair bill + any other costs occured to me.

Do I use the quote from Vauxhall or should I shop around and get a range of prices? (which would be much cheaper)

My car hasn't been repaired as I cannot afford to fix it!

 

Thanks

 

Well I just re-read your letter to the dealer and I suggest that armed with the oil issue, you write a rejection letter demanding your money back as your first letter has gone un-answered. Indicate that the seller may now collect the car as you are formally rejecting it under the SOGA and therefore you require a full refund within 7 days or you will make a cliam via the courts without further notice. This action will also result in you claiming interest from the date the car broke down until payment or judgement which ever si sooner plus all court fees.

 

If however you are happy having it repaired then get a quote off a Vauxhall dealer (in writing) and commence proceedings for that amount. (Your letter has allready for-warned the seller so you could commence proceedings straight away) Interest would be calculated from the day the fault developed. add 8% onto the repair cost, divide by 365 which will give you the daily rate of incurring interest.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Update

 

Dealership had emailed me asking to take the car in so they can investigate.

I emailed back saying no as they had the opportunity to sort it and I said they can settle the costs fopr repair or let the court decide what happens.

 

Today, have received an Aknowledgment of Service and they are intending to defend the whole claim.

 

I guess I now wait for them to file their defense and see what they say?

 

They're obviously not so confident that they are not liable! Keep us posted.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Don't be suprised if at the last minute they ask for judgement to be set aside to allow them to enter a defence.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Can they do that even though they've had the 28 days to file their defence?

 

Thanks

Also, do my timings work out correctly?

 

They will likely try and the judge may allow it. As for your timings, you seem to have had the answer from the court. Apply for judgement tomorrow and when it has been granted you will be able to issue a warrant for the bailiffs to go in.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Another update

 

Just checked on MCOL and its now showing as 'Your claim was transferred to MILTON KEYNES on 08/11/2010'

 

Just called up the court to confirm, what this means and it looks as tho they have filed a defence and I should receive this in the next few days!

 

Any advice hat anyone can give me?

 

It means that the case has been transered to Milton Keynes County Court which I believe is your nearest. Any hearings will be heard and all future docs will be submitted there.

 

You can still ask for judgement to be entered because they are filling their defence out of time. They will then have to ask for it to be set aside and it is up to the judge whether he accepts their late defence. It is likely he will allow it i'm afraid even though technically he can diss-miss it for being late.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful

[sailor sam]

Received papers yesterday on their defence.

 

Basically, they have explained how the DPF works (Which I already know!) and have also pointed out it could be my manner of driving that has blocked it! Really? Driving 20+ miles each day on fast country roads & motorway? In the space of 2 months and covering 1800 miles? I find this unlikely.

They have also said that as the car was serviced and MOT'd it would have been picked up then.

I recall on the engineer report from finance company that this part was a serviceable item? I'll have to double check that as this would be in my favour?

 

I now have til the 25th Nov to fill out the allocation questionnaire. Got to pay £35 too...

 

Is it worth me doing the free court thing? Where I wouldn't have to attend as can be done over the phone. (Can't remember what its called!)

 

You mean mediation? It means someone independant will conduct an 'interview' over the phone with yourself in which you explain what you will and will not accept. They will then do the same with the respondent. You can always choose this route and see what they come up with.... you still have the option of refusing what ever is offered and take it the full distance.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Thats the mediation finished.

A lot of too-ing & throw-ing but no settlement agreed unfortunately...

 

Court it is then!

 

Please keep us posted.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

What!? You had to pay the court fees!!!!??? Not a good result then! Personally I would appeal. Its too good a result for the garage. As you say they could of saved you the £300 court fee so THEY should pay it!!!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

How did you come to this 'arrangement'? Was it before going into court? What did you tell the court (clerk) about the 'arrangement' and have you told the court that the case is 'satisfied'?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Mediation was the opportunity to 'come to an arrangement' which obviously didn't work. So far, this has gone dramatically in favour of the dealer as I see it. I strongly suggest that you contact the court and ask them the position of your costs because as things stand, you are the looser in respect of those.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Contact the court office by phone tomorrow and ask their advice. Make it clear you want to know about your costs. I am guessing that some kind of judgement will have to be made against the dealer as he should pay the court costs. Ideally the question should of been posed to the judge when you came to 'your agreement'. Your argument is quite simply that the dealer failed to respond before you commenced proceedings and the application progressed to the point that you had to pay for the hearing which, had the dealer demonstrated his willingness to 'come to an agreement', could of been avoided thus you feel it appropiate to request that the court make an order for your costs to be allowed.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Good thinking about the photo's. So they have already broken the 'agreement' by not providing you with a courtesy car!? I would put that in the letter also unless you get it PDQ!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited January 26, 2011 by sailor sam
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[sailor sam]

PDQ? Does that mean Pretty Damn Quick?

I'll PM you the letter I will send, feel free to add to it! (if thats ok)

 

The car is called norbert also, if you was wondering about the photo name

 

Correct! I have seen and slightly amended the letter. I also commented that I am assuming that the case has yet to be dismissed and a final order made. I note from your earlier post that it is the correct in which case your costs should be considered otherwise, you may as well have paid for the repairs yourself!!!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Edited January 26, 2011 by sailor sam
signature not posting