German car shop in Leicester wont take car back 8 days after purchase.

[Aga.misia]

I.already booked there where I got report from . 

 I m not customer there , was first time there last week . 

Edited June 2, 2021 by Aga.misia

[BankFodder]

I'm suggesting this as the draft particulars of claim – we need to know the result of the MOT so it is not complete yet but please will you have a look at it, check that you think it says everything you need. Please complete the missing figures where the XXX are stop

I'm suggesting that once we agree this, then you will use this particulars of claim where asked you on the moneyclaim website about the details of your claim.

 

Quote

The claimant purchased a XXX model car registration number XXX from the defendant dealer but within eight days it was clear that the car was defective, not satisfactory quality and unroadworthy within the meaning of the Road traffic Act 1988. Confirmed by a recent MOT failure certificate dated XXX. Claimant rejected the car under the Consumer Rights Act 2015 but defendant refused to comply with statutory obligations. Also, the defendant has unfairly traded under 2008 Unfair Trading Regs by trying to represent the sale as a "trade sale". The claimant claims refund of the purchase price £XX plus wasted insurance and tax costs £XXX plus costs of collecting vehicle £XXX plus MOT cost £XX – total £XXX – plus a storage fee of £10 per day from the date of issue of this claim as the claimant is obliged to store the vehicle on her own property. Plus interest pursuant to section 69 of County Courts act 1984. The defendant has been fully informed of all defects and costs and proposed storage fee in the event of their non-compliance with the Consumer Rights Act.

 

[Aga.misia]

Its actualy 6 days car was defective as I bought 22 and got report on 28 june.

I m worried just in case MOT will pass and will by only advisories about breaks then my chances to return car will be very low 

Edited June 2, 2021 by Aga.misia

[BankFodder]

Okay – if it six days then change the figure to 6. You need to make sure that it's all correct.

In terms of whether it will pass the MOT – if it passes then we have new issues to look at. But it's very important to be completely honest and straight dealing with the dealer and also with the court.

If by some chance the MOT passes then you may still have a basis for returning the car – but it may be better simply to get the defects repaired and then to claim the cost of those from the dealer.

We will have to see – but make sure you get the MOT done.

One big warning to you – do not get any work done. Even if at the MOT garage they say that they will carry out some repairs. You must refuse.

It's important not to carry are any repairs or to do any work on the car without letting the dealer know first. And you must let us know before that.

I'm going to make a further modification to the proposed particulars of claim. As I have already said, it won't be ready to put into the County Court website until we know the result of the MOT. The MOT is very important – whatever the result.

 

[Aga.misia]

Ok thank you. Also regarding vibrations , I was told by inspector that it will require removing engine etc to find out what is causing it , it may be costly too. Vibrations will probably not get  picked by MOT . Vibrations are not related to brakes I m afraid , that another issue. 

Also in dealer advert I posted dealer stated I about new oil and filters , when I texted him when it was done he didnt reply.

Can I also argue about that : 

You viewed the car before purchasing and agreed (and signed)to purchase it on a trade basis. 

 

that alone imakes the sale void and trading standards would be VERY interested in them

a trader cannot make a trade sale to a member of Joe Public

fullstop.

Edited June 2, 2021 by Aga.misia

[BankFodder]

If the inspector told you this about the vibrations then you must get in writing please. If you don't have in writing then go back to the inspector and get it in writing.

Make a list of all the other faults that you think exist. If you can get inspectors to confirm this. That's excellent. If not, list them out anyway in a separate list.

Post them here.

We are well aware of the fact that the guy has tried to sell to you on a trade basis. I have mentioned that in the particulars of claim. Don't worry we don't need to mention that again for the moment.

[Aga.misia]

When I do MOT I will ask about vibrations and book appointment after MOT ? 

Will that be ok ? Or I have to try to do it this week ? 

On report I posted to you on second row vibrations are mentioned .

Edited June 2, 2021 by Aga.misia

[BankFodder]

No that's fine. Get it done at the MOT because you must not drive the car before then or again afterwards.

When you take into the MOT station – get every inspection you can possibly get done – but especially the MOT certificate. If they want money for any other inspections, then that's fine. You should pay it because I am sure you will get it back – especially if the MOT is a fail.

 

[Aga.misia]

Good morning.

 

Unfortunately we will not be covering your fuel costs neither do we have to by law.

 

The reason we are asking for an independant mot is because you have lied various times since the start of the matter. As you stated on a previous phone call. You know the mechanics personally, and unfortunately we will not accept evidence of somebody you have relations with for obvious reasons.

 

We have asked for evidence of a fault atleast 4 or 5 times, however you keep dismissing our request. A simple video and pictures of the fault will suffice and will mean we can move on with resolving this. 

 

Please stop avoiding the matter.

 

If monday is your free day. I can book the car in for an inspection on that day.  The garage will be an independant garage not known to any of us. They can check the car thoroughly and give both of us feedback. 

 

We can then speak between ourselves and decide on a resolution depending on the outcome of the report.

 

It is within our legal rights to have it inspected. Independantly. And i think it is the best for both of us it us done independantly.

 

Kind regards.

 

German car shop.

 

I dont know the mechanics personally who gave me report , I dont know any mechanics personally . The first one who my boyfriend took I said over phone  its my boyfriend mechanic who didnt perform inspection just had a look  so couldnt find fault . And I said to dealer wibrations arent normal

So I went searching and I saw mechanic  I saw outside his garage  ( who dont do auto cars )so he   recommended thr place I went and got report from   . How can I prove it ?

Edited June 2, 2021 by Aga.misia

[BankFodder]

Send them this – straightaway:

 

Quote

I have already pointed out that I have booked the car in for an MOT on that day. It will not be available for anything else on that day.

I have also pointed out to you that I am very happy that you carry out an inspection but it will have to be at my address where the vehicle is stored or else you will have to arrange it to be collected and transported to your inspector and then returned subject to a satisfactory security that the car will be returned.

I have also said to you that I'm not prepared to enter into any further discussions or negotiations with you.

There are only two satisfactory outcomes – you arrange to collect the car before the expiry of my letter of claim deadline and reimburse me as outlined and you can save yourself some money – or else we go to court and I will get judgement from you for everything including all costs reasonably incurred in respect of the vehicle plus interest at 8%.

You choose

 

[Aga.misia]

Is it possible to mention in letter about me not knowing the place I went to ? My God why he says thats my mechanics ? I never been there before 

[BankFodder]

No. Don't respond to his provocations. Just send him the message that I have suggested. If you start trying to make responses to the points he makes, then he knows that he has hooked you.

Just send the message as I suggested. Stick to the plan. Don't change.

[Aga.misia]

Done  , your help mean so much to me   thank you 

[Aga.misia]

From Dealer response : 

 

Again you have ignored my various requests to send picture and video evidence. I am very suspicious to why you are unable to send a simple picture or video of the faults.  

 

I would strong suggest that instead of trying to be non compliant. You work with us rather then against us. Who ever is writing your e-mails for you is not helping. Shouting demands at us will not help you in any way. However if you simply comply to our requests. Then we can resolve your issues. Now Please send me the garage details you have booked the mot in with. The garage name and full address.

 

I also assume that you will be transporting the vehicle to the mot station on monday? 

 

Kind regards. 

 

 

[slick132]

Hi Aga,

 

Stick with the advice from @BankFodder and make no response to the dealer unless BF recommends it.

 

Just ignore the comments and demands and follow BF's advice above.

[BankFodder]

I suggest you send:

 

Quote

You know full well that I am an ordinary consumer despite your attempts to suggest this is some kind of "trade sale", whatever that might mean. I have no expertise and no professional knowledge or understanding of vehicle technology.
I am unable to take photographs myself. However, I will ask the garage next week to take photographs if that is possible.

Just to confirm, that I would not have moved along so quickly of this matter had you been cooperative at the outset but you have not. Your immediate position was denial and to deny me my rights. Of particular concern is the fact that you have attempted to represent my purchase of this vehicle is some kind of "trade sale".
We both realise that this is simply some kind of device which you hope to use to escape your consumer rights obligations.
Meanwhile the invitation to you to organise your own inspection still stands.

You will receive full details of the inspection and the MOT next week when I will provide you with the result of the tests – pass or fail.

You can rely upon me to be honest and straight throughout.

 

[Aga.misia]

Thank you

[Aga.misia]

Thats his reply : 

 

Please read back through the e mails. I do not recall saying you have no consumer rights.

 

Incorrect. Your immediate position was... as you stated "my friend said i paid to much". Your initial claim was to reject the car under 14 cooling off period because someone told you the car was to expensive.. the vehicle was purchased at normal retail money.   When you realised that you could not hand it back based on a cooling off period (because u did not click and collect). You started talking about faults.. then you mentioned brake pads. Which is very odd because we already checked them. And we have a report to back it up. We have been in the trade many years and are very wise to these sort of tricks. 

 

Now please send the garage details immediately. You have no reason not to hand them over unles you are trying to hide something?

 

Adress and name please.

 

Many thanks.

 

[BankFodder]

Don't reply. Get the MOT done on Monday.

This is extremely important – as you can see

[Aga.misia]

Thank you 

[BankFodder]

Check that the car starts up okay over the weekend. You don't want to be suddenly caught by surprise and miss the MOT appointment. That would be very serious

[Aga.misia]

His last message : 

Waiting for the garage details.

 

If he had  agreed to return car I wouldnt bother with MOT 

[BankFodder]

Ignore the message. Get the MOT.

[BankFodder]

When you get to the MOT people, asked them to take pictures of anything they can – especially any defects they notice.

If they want to charge you extra for this then pay it. It's not problem

[Aga.misia]

Still waiting for a reply.  There is something very suspicious about the way you are acting.

Its a very simple task. Please stop obstructing our investigation. We are currently collecting evidence and you are not complying.

 

Just incase you dont recall, as we have already stated.. if you tamper with the vehicle or create fake evidence in any way... we will find out. 

 

Please start complying.  

 

If you wish to settle on a "buy back" amount in the meantime (whilst we are waiting for credible evidence). Providing the car hasnt been tampered with.  We may have a customer willing to purchase the car. 

 

If you wish to discuss.  

 

Call me on xxx

 

Kind regards.