Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[Laura Cooke]

Thanks for explaining things

[Laura Cooke]

Garage have contacted relative stating he prevented them coming to inspect the vehicle he did no such thing read everyones messages on Google about the garage they ignore any contact they were asked times many to come and inspect/collect it, and they dispute the storage charges and they intend fixing the rejected vehicle then if it is not collected in a timely manner they will be charging storage charges will collect the letter later to see exactly what it says

[snowdragon]

the EX is having problems also with DCC, getting passed pillar to post,

[Conniff]

Garage have contacted relative stating he prevented them coming to inspect the vehicle he did no such thing read everyones messages on Google about the garage they ignore any contact they were asked times many to come and inspect/collect it, and they dispute the storage charges and they intend fixing the rejected vehicle then if it is not collected in a timely manner they will be charging storage charges will collect the letter later to see exactly what it says

 

 

This is why CAG emphasises never using the phone, (unless you record the calls), but always do it in writing. So do you have these claims made by them in writing ?

[steampowered]

Garage have contacted relative stating he prevented them coming to inspect the vehicle he did no such thing read everyones messages on Google about the garage they ignore any contact they were asked times many to come and inspect/collect it, and they dispute the storage charges and they intend fixing the rejected vehicle then if it is not collected in a timely manner they will be charging storage charges will collect the letter later to see exactly what it says

 

It doesn't really matter. People come up with all sorts of stories. The litmus test is whether they are prepared to put them forward in a court of law.

 

Write to the garage outlining your view of the situation and what you would be prepared to settle for. State that if this amount is not agreed, court proceedings will then be issued. Then go ahead and issue the proceedings.

[Conniff]

"A CAR dealer described as “one of the most complained-about businesses in the city” by trading standards has been given a court order in a bid to ensure it trades fairly.

Derby Car Centre, in Exeter Street, has been the subject of 181 complaints to the city council since April 2011."

 

Full story. (Note, dated 2013)

 

Is this the seller ?

[snowdragon]

yes Conniff, that is the one

[Laura Cooke]

This is why CAG emphasises never using the phone, (unless you record the calls), but always do it in writing. So do you have these claims made by them in writing ?

 

This was by letter they never answer the phone everything to the garage is in writing and sent recorded and have a paper trail all kept in order

 

It doesn't really matter. People come up with all sorts of stories. The litmus test is whether they are prepared to put them forward in a court of law.

 

Write to the garage outlining your view of the situation and what you would be prepared to settle for. State that if this amount is not agreed, court proceedings will then be issued. Then go ahead and issue the proceedings.

 

We have outlined what we want as advised on CAG sent 3 weeks ago and given them an extra week too and letter come today outlining the same false statement that they have been prevented from collecting the vehicle and inspecting it which is utter nonsense they have ignored all communication to come and inspect/collect it so was forced to put it into storage as no tax, insurance on it after relative had to get a replacement vehicle I have read on reviews from other customers that they have the same issues vehicle breaking down as soon as they have paid for them and the company ignoring calls and correspondence they are a disgrace

 

Yet no one is bringing the garage to book no one is enforcing this court order this is the director if your lucky to ever speak to him he tells you a pack of lies

 

http://www.burtonmail.co.uk/CAR-FRAUDSTERS-GUILTY/story-21482963-detail/story.html

[Conniff]

I think mainly because the public in general think it is expensive to bring a court suite against someone like this. Car sales and businesses in general know this a call and persons bluff.

 

You have plenty of ammunition and I'm looking forward to the outcome, courts don't like used cars sales much especially when they already have court orders against them.

 

Steampowered is the man in the know about legal things, but if possible name the man as well as the company then if his company is dissolved, (like many do), you can go after the man.

[Laura Cooke]

I did name the man in my LBA as well as the company

this is the letter they have sent this week it is utter rubbish

 

 

the vehicle was rejected within 10 days of purchase in November 2014

anyone we managed to speak to said they had a rights to inspect it, but failed to do so,

 

 

an independent inspection revealed several faults and it was declared that the vehicle was unroadworthy

this independent inspection report was sent to the garage along with telling them

it would be put into storage as there was not tax or insurance on the vehicle

due to having to buy a relplacement vehicle

 

 

so it was in their interest to collect as it was £9 a day

we told them to collect it 3 different dates

they failed to show

then eventually in May 2015 they came for it and they have not been in touch since.

 

 

Had they collected it or inspected it much earlier there would not have been this extensive storage fees.

 

This is the letter from the garage sent special delivery they have not dated the letter

 

 

Dear xxxxxxx Thank you for your letter after careful consideration of your letter

we can now set out our final position on this matter.

 

 

Our legal obligation is to put right any defects in respect of the vehicle you purchased,

should they occur within a certain time frame after purchase.

 

 

In the first instance, we have the right to inspect the vehicle, and repair any faults found.

In relation to the vehicle you failed to return the vehicle for inspection and repair.

Furthermore, you placed the vehicle into storage, without prior warning, causing unnecessary expense.

Derby Car Centre cannot be held responsible for any costs incurred from storage of the vehicle.

 

 

As you have refused the previous offer made by Derby Car Centre, namely for the vehicle to be repaired and sold,

with the monies minus costs refunded to you,

 

 

the only remedy available now is to repair the vehicle and arrange for you to collect on completion

or for us to calculate the cost of repair with evidence of quotes and refund you taht amount of money.

 

 

In conclusion, we are happy to repair your vehicle and arrange for you to collect as soon as the repairs are complete.

If the vehicle is not collected in a timely manner, you will be charged storage fees.

 

 

As you have prior warning of these charges, you will legally be your responsibility.

 

 

Please advise within 7 days yours sincerely Derby Car Centre

[Conniff]

Get the court claim form sent out as soon as possible or your LBA will be another bluff not followed through.

[Laura Cooke]

Yes sorting this out

[Laura Cooke]

Would anyone know if relative would have to pay to put the small claims in they have been off sick from work for a few months and are living off £80 + statutory sick pay

[Ganymede]

Would anyone know if relative would have to pay to put the small claims in they have been off sick from work for a few months and are living off £80 + statutory sick pay

 

It depend on their gross monthly income, income from partner, if they have dependant children and if they have savings or shares etc so impossible to give a yes or no answer.

 

Google "fee remission" and look at the criteria.

[steampowered]

You are entitled to reject goods which are not 'satisfactory quality' or 'not fit for purpose', provided that the problem is relatively serious and provided that you reject the car promptly.

 

I would perhaps go back to the trader with a very short letter which states that very simply, and states that court proceedings will be issued in 14 days (specify the date) if a refund is not issued. Or, just go ahead and issue a small claim. You shouldn't get into a bunfight about the other stuff.

 

You should identify the seller - presumably the company - and name that on the claim form. If you contract with a company, you can only go after the original director in a few special cases such as fraud. For now just sue the company which operates the used car dealership.

[Laura Cooke]

Thanks for the advice they have had letters galore ignored them all then the LBA reatives partner does not work they have no children will look to see if they can avoid court fees

[steampowered]

Go ahead with court proceedings then. I doubt you'll get a refund any other way.

[Laura Cooke]

No only route I am afraid I have sid this from day one but we gave the garage the benefit of the doubt I am stunned that they collected the faulty vehicle in May and have never been in touch since and have ignored all calls and emails so much for the court order running till 2016 telling the garage director to treat customers correctly surprised the director as not been sent back to prison where he rightfully belongs with the hman misery he is causing

[Laura Cooke]

Beggars belief just let Trading Standards know about the recent letter the only one received from the garage in 10 months stating they off to repair the vehicle after it was rejected and a replacement was purchased for being unroadworthy back in November 2014 and advisers response today was "You can`t grumble if they are offering to repair the vehicle" he was reminded that this garage has a court order running till 2016 and that they have let lots of people down since the court order told them not to do so all the adviser could say was "We keep calling in on the garage to see what they are doing" What use are Trading Standards I suppose one up on Citizens Advice in the garage area who stated "We have never heard of the company!!! we pointed out that this was hard to believe seeing as they are the most complained about business in the area

[steampowered]

Trading Standards won't help with individual disputes.

 

You need to understand that, if this reaches court, the past history of the trader will not be important. That sort of thing is more of interest to trading standards who prosecute for the public as a whole (not for individuals). The court will focus on what happened in your individual case.

[Laura Cooke]

Yes I know they do not help individuals it was just the attitude of trying to say that was ok for garage to offer a repair 10 months later

[Laura Cooke]

So stuck on this small claims

 

Date money became owed to you? (Is this the date the vehicle was rejected which is when letter was sent to garage November 2014)

Date you are issuing the claim (I assume this is a date this week when I have finished completing it?)

Claim amount: (Is this the amount the vehicle cost + the part exchange difference in what they garage gave for the other vehicle + storage costs per day for storing the broken down vehicle + cost of postage & calls) Total= £4,524

Daily rate of interest up until judgement (No idea what this is as how do you know when judgement will be?)

 

It is so hard to do this without any professional help I do not even know how to alter a mistake put the wrong postcode in for the address and cannot fin out how you can edit it any advice or help would be grateful as no idea what answers to put in on the claim

[Conniff]

If this is a claim under SOGA, and your part exchange has been sold, you are entitled to the full sale price and not just the amount he gave you.

[Laura Cooke]

Money Claim Online everyone I am asking for advice telling me different some saying just put down the £295 difference in the part exchange vehicle was £2995 £295 was given for old vehicle so been told to claim the £295 have no proof of what they sold the part exchange vehicle for been told it was seen online last year at £1,700. Not getting any closer to filling in this claim rang an online number they told me not allowed to advise

 

Money claim seem to have 2 versions one asks you to put the answers to the questions above interest, date of claim, date money owed the other claim form does not ask any of this just asks if you would like to reserve the right to add interest

[Conniff]

If you don't know what the car sold for then you won't be able to claim more than the amount he gave you against your new one. As you must have been happy with the offer at the time, then nothing lost.

 

Your claim needs to be non vexatious and not seen to be profit making, so stick to the genuine figures. As not a lot of time has passed, the statutory interest of 8% wouldn't add up to much so that will make the working out easier.