Car faulty after just 1 month - Help!

[birdyboy]

Sorry for the late update.

I called the court and was basically told I would need to seek legal advice.

Im in the process fo writign a letter to the judge to see if he will allow my costs due to what you stated above.

I will hopefully get this out in the post in the next few days. Recorded of course!

 

Car was picked up yesterday afternoon by the dealership, so hopefully today it will be in the process of getting repaired and I may have it back by the end of the week. Courtesy car should be with my on Thursday as it is currently loaned, but TBH, I think thats there way of trying to get out of giving it to me to save on costs. At least they have the car now to repair!

 

 

Will update again when I can...

 

Also to add, I have taken pics of all around the car before it was put on recovery vehicle and while it was on and of the interior.

Edited January 26, 2011 by birdyboy
extra info

[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
Signature not posting.

[birdyboy]

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

[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

[Vicky30]

Exact thing happened to me and the dealer eventually paid,as they sold a car that was not fit for purpose.

Mention SOGA to them if they don't respond take them to the small claims court.

[birdyboy]

Exact thing happened to me and the dealer eventually paid,as they sold a car that was not fit for purpose.

Mention SOGA to them if they don't respond take them to the small claims court.

Hi Dress4Less,

 

I have done all that you have mentioned. Start on page 1 and have a read...

[birdyboy]

Received this through the post today:

 

Upon hearing the Claimant and Defendant in person.

 

And Upon the parties agreeing that the Defendant will collect the vehicle from the Claimant (within 7 days) in order to investigate the alleged faults with a view to the parties settling the claim.

 

IT IS ORDERED THAT

 

1. The claim is adjourned generally with liberty to restore. If not restored for hearing by 18th Feb (by either party requesting a hearing) the claim will be dismissed.

What does this mean in laymans terms?

I know that they need to fix the vehicle. In fact, I should have it back tomorrow, however, I haven't yet had a courtesy car.

They did say it would be available today, but as car came back from the repairs today they are going to road test it. If it needs fixing still, then I'll get the courtesy car tomorrow.

 

I haven't sent letter to judge yet as was waiting to see if I got courtesy car.

I may leave sending it til Saturday to see what develops tomorrow.

[sailor sam]

Its just confirming your 'agreement' and that the case in adjorned with the option to 'restore' or take ity back to court. What ever happens tomorrow you need to ask the court to allow your costs! Send the letter NOW!

 

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 27, 2011 by sailor sam
Signature not posting

[birdyboy]

Another update.

 

I got the car back Friday. Oil has been changed, of which I have the invoice, and oil stated in the service book was used

The dealership are awaiting the invoice of the repairs so they can then pass that onto me. Should be this week. I want to know what work has actually been done!

I never did get a courtesy car from them (I was expecting that in a way)

Well, today I've driven it to work with no problems. :whoo:I'll be happy if it keeps going for at least 18 months! (I can then do a VT)

Also there is a re-call on my car with Vauxhall for a CIM. Something to do with the horn. This will be free!

 

Managed to get letter to judge sent off yesterday, so will keep you posted on that.

 

Thanks again for all the helo & advice given so far Especially Sailor Sam! What would we do without you!

[sailor sam]

Well there's a start. Did you mention in your letter to the judge about the lack of courtesy car (as suggested in post #77)?

 

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.

[birdyboy]

Unfortunately, I didn't mention about the lack of courtesy car as letter was all typed up and ready to post, and couldn't get the time to change it.

I could always respond to them (assuming I get a response!).

I have a deadline of the 18th Feb, so could always send another letter maybe?

[sailor sam]

How did things turn out Birdy?

 

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.

[birdyboy]

Hi Sam,

 

Have not heard anything since getting the car back from ewither dealership or the court.

 

Car is still running which is good, however, Im waiting for the 2 month mark to see if it passes that!

Im expecting to receive a letter from the court to say the case is dismissed? Should I?

 

Thanks again for all your help & advice.

[loopylil]

Hi Birdy, My son-in-law is having almost the same problem as youve had.He bought a Citreon c5 from a garage.Within weeks he was having problems to do with the steering, he got in touch with the Finance company as it was on HP. He had been back to the garage where he had bought it from to find it had been burned down in an arson attack a couple weeks before.

Another garage would not MOT it saying it was dangerous should not be on road and that as been put in writing to the finance company which is First Response.They said the would pick up car and havent then deniend it.Its been on my drive now since Oct 18th last yr and still no joy with them.

[sailor sam]

Hi Sam,

 

Have not heard anything since getting the car back from ewither dealership or the court.

 

Car is still running which is good, however, Im waiting for the 2 month mark to see if it passes that!

Im expecting to receive a letter from the court to say the case is dismissed? Should I?

 

Thanks again for all your help & advice.

 

What happend about your court costs? If you havn't heard anything following your letter I suggest you contact the court and ask.

 

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.

[birdyboy]

The letter is for the court costs.

I'll give them a call and see if I can find out.

 

Loopylil, if you haven't already, prob best to start a new thread so you get the correct information

[sailor sam]

The letter is for the court costs.

I'll give them a call and see if I can find out.

 

Loopylil, if you haven't already, prob best to start a new thread so you get the correct information

 

Please keep us posted. Your costs were signifitant so there should be away to recover them otherwise the dealer has gotten off lightly.

 

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]

Any more news Birdy?

 

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.

[birdyboy]

Have had a response back from the court:

 

I note that despite my previous comments, there remains a dispute as to who should pay the court fees. I suggest, in the interests of saving further costs and time, I decide the issue without a hearing after both parties have lodged their written representations. Both parties should do this (and copy their submissions to the other side) by 18th March. I will then make a decision on the papers. If either party objects to this course of action they should indicate that in writing to the court by 18th March then the case will be listed for hearing instead.

 

So, how do I respond to that?

[sailor sam]

Quiter easily. I suggest that you send the following;

 

 

Case number; xxxxxxxxxxx

Applicant; xxxxxxxxxxxx

Respondent; xxxxxxxxxxxx

 

Dear Judge xxxxxxxxxx

 

I refer to the above case and the matter of costs. I believe the respondent should be fully liable for all costs in this matter for the following reasons;

 

The vehicle purchased from the respondent on 18th April 2010 became defective on 18th June 2010. The respondent failed to assist me in rectifying or investigating the defect dispite my requests (please refer to my written eveidence). On 11th September 2010 I decided to write a final letter before action letter to the respondent as he had not actively assisted me, this being some 3 months following the defect. The respondent again failed to respond with any assistance. Application was made to the court on 30th September 2010 (?) and again the respondent failed to respond untill judgement became due. As you will be aware, the respondent then filed a defence which resulted in the case progressing to a hearing to which I had to pay for.

 

My veiw therefore is that the respondent had more than adequate opportinities to resolve this matter before my application to court was made. The respondent would be aware that such proceedings would incurr costs and was happy for the matter to be dealt with in this manner. Previous to my application, the respondent had made no real effort to assist or investigate the fault with my car. It is for these reasons that I believe that the respondent should be liable for all costs plus interest as per my application.

 

Yours ect ect

 

 

You may wish to check for spelling mistakes as I aws in a bit of a hurry compiling this. Conniff may like to comment also.

[birdyboy]

Thanks for that Sam. I'll get typed up tonight and sent 1st thing tomorrow.

 

Should I also add...

 

Also, if the agreement we had made had been reached in the first instance or even at mediation, it would have also saved the time of yourself and the Court

[sailor sam]

Sorry, I forgot about the mediation. Just add 'The respondent also refused the offer of mediation' after the '...happy to be dealt with in this manner.' bit.

 

I would also send it first class as you are seriously running out of time. Don't forget to send a copy to the respondent. I also forgot about the courtesy car which was promised... I think you should mention the fact that it never was provided.

 

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.

[birdyboy]

He didn't refuse the offer of mediation. Mediation was done, but no agreement could be made. ..

[sailor sam]

Oh sorry, I was thinking of another case. Ok, word it as you suggest then. Don't forget to mention the lack of courtesy car which was promised.

 

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.

[birdyboy]

How does this look?

 

Dear Sir,

 

I refer to the above case and the matter of costs. I believe the respondent should be fully liable for all costs in this matter for the following reasons;

 

The vehicle purchased from the respondent on 18th April 2010 became defective on 18th June 2010. The respondent failed to assist me in rectifying or investigating the defect despite my requests (please refer to my written evidence). On 10th September 2010 I decided to write a final letter before action letter to the respondent as he had not actively assisted me, this being some 3 months following the defect. The respondent again failed to respond with any assistance. Application was made to the court on 5th October 2010 and again the respondent failed to respond until judgement became due. As you will be aware, the respondent then filed a defence which resulted in the case progressing to a hearing to which I had to pay for. Part of the agreement also was for the defendant to supply me with a courtesy car while the repairs were taking place, but no courtesy car was supplied.

 

My view therefore is that the respondent had more than adequate opportunities to resolve this matter before my application to court was made. The respondent would be aware that such proceedings would incur costs and was happy for the matter to be dealt with in this manner. Also, if the agreement we had made had been reached in the first instance or even at mediation, it would have also saved the time of yourself and the Court.

Previous to my application, the respondent had made no real effort to assist or investigate the fault with my car.

It is for these reasons that I believe that the respondent should be liable for all costs plus interest as per my application.

 

I look forward to hearing from you.

 

Yours faithfully