Vulcan Motor Company, Norwich - Problems with a 2nd hand car sale

[BankFodder]

I think you should do that. I think you should pay the bill and then recover it from Vulcan.

Write to Vulcan and tell them that this is what you are doing.

Also if I were you I would take possession of the caliper to save any accidents or mistakes.

It's important to pay the garage because you are going to be relying on their good will at some point so keep them on side.

 

Keep on writing to Vulcan. Don't bother to write to this legal claims people

 

 

[Fringer]

ok, have paid the garage - they have said if I want the caliper and pads I need to pay £50

would this also be recoverable from Vulcan and do I tell him that I have also paid that in the letter I am to write to him?

 

So if I don't hear from this 'legal team' within 14 days or he doesn't arrange to come and collect the car what happens then? 

[BankFodder]

Yes you must warn Vulcan in advance about every liability you will are incurring on their behalf.

 

Send them a message letting them know the cost of the caliper and that you will be recovering it from them at the forthcoming county court action.

 

[Fringer]

my letter reads

Quote

 

I am writing to advise that I have paid the garage for the repair to the vehicle XXX a total of £190+ vat 

 

I have also paid a further £50 for possession of the damaged caliper and brake pads whichI intend to also recover from you at the forthcoming county court action

 

yours 

 

 

is that ok? Should I include the invoices for both?

[BankFodder]

You really should be giving them advance notice about this kind of thing.

 

Don't send the letter yet. Standby for a full reply later

 

 

[Manxman in exile]

2 hours ago, Fringer said:

ok, have paid the garage - they have said if I want the caliper and pads I need to pay £50

would this also be recoverable from Vulcan and do I tell him that I have also paid that in the letter I am to write to him?

 

So if I don't hear from this 'legal team' within 14 days or he doesn't arrange to come and collect the car what happens then? 

 

The garage that fixed the brakes for £190 + VAT now want to charge you an additional £50 to return to you your own property (the old caliper and pads)?

[Fringer]

yes because it is classed as warranty work and there is a surcharge 

[dx100uk]

not sure how the warranty plays any part in what they charged you, nor can they charge you to get the callipers etc back. the warranty is nothing to do with that garage?, unless they've made a deal with vulcan to be paid something directly?

 

 

[Manxman in exile]

7 minutes ago, dx100uk said:

not sure how the warranty plays any part in what they charged you, nor can they charge you to get the callipers etc back. the warranty is nothing to do with that garage?, unless they've made a deal with vulcan to be paid something directly?

 

 

 

I agree.  I don't see what "warranty work" has to do with it, or why it would attract a surcharge?  The OP is entitled to have the old scrap/worn pads and caliper back - they still belong to him, not to the repairing garage.

 

(It could be argued that it's always good practice for a garage to offer the replaced parts back anyway.  A good friend of mine advised me to always ask for replaced parts back when dealing with places like Kwik-Fit.  To make sure they really needed replacing... )

Edited December 1, 2021 by Manxman in exile

[BankFodder]

I agree, that it is very surprising that they want to sell you the old caliper – but as I've already said, you need them on your side.

Simply pay it and we will deal with that later on. It's important that you secure that caliper because it may become important evidence. If you don't have it then it may then become a question of your word against Vulcan's.

Pay the money for the caliper and keep them sweet. You don't need more conflict

[BankFodder]

Do you have off-road storage for this vehicle or are you keeping it on the road?

[Fringer]

I have the caliper now in my possession

 

I am still using the car as you advised but it is kept on my driveway of a night and in a private car park at work during the day 

[BankFodder]

Standby for a reply this afternoon.

 

It's probably about time that we started going forward on this

[Fringer]

will do 

Thank you 

[Tony P]

The 'surcharge' for the caliper could possibly be a result of the garage fitting an exchange/reconditioned unit and there is a surcharge until the old one is returned for reconditioning and resale. 

[BankFodder]

 

Quote

Dear XXX



Further to my letter of claim dated XXX, I'm putting your notice that I have also incurred additional expenses:
expense number one – £XX
expense number two – £XX

I was obliged to incur these expenses because it is necessary for me to keep the car on the road and I did not want to keep the car in an unlawful condition thereby vitiating any insurance cover.

These expenses were necessarily incurred because of your uncooperative approach and the fact that you seem happy to have sold me a vehicle despite the fact that this is an offence under the Road Traffic Act  as well as being in breach of your obligations under the Consumer Rights Act.

 

I shall be adding these expenses to the county court claim which I shall be bringing against you. Also, I may add the cost of insuring the vehicle while you refuse to honour your obligations.

In my recent letter I gave you a 14 day deadline and I am pointing out that the clock is still running and at the end of the 14 days I shall be issuing proceedings against you.

Yours sincerely

 

Please check that this letter is correct. Please post up the final draft with the figures et cetera inserted. When we have checked it then you can send it off to him.

Meanwhile you better register on the money claim County Court website and start preparing your claim. Make sure that you identify the name of the garage correctly because you don't want to give them some technical escape route because you have misidentified the identity of your defendant.

I understand that you are still using the vehicle? I suggest that you stop

[Fringer]

this is the letter ready to send if ok 

 

 

Quote

 

Further to my letter of claim dated 30^th November 2021, I am putting you on notice that I have also incurred additional expenses:

Expense one - £190+ vat  you are meant to explain what these expenses are

Expense two - £46+vat

 

I was obliged to incur these expenses because it is necessary for me to keep the car on the road and I did not want to keep the car in an unlawful condition thereby vitiating any insurance cover.

 

These expenses were necessarily incurred because of your uncooperative approach and the fact that you seem happy to have sold me a vehicle despite the fact that this is an offence under the Road Traffic Act as well as being in breach of your obligations under the Consumer Rights Act.

 

I shall be addressed  adding these expenses to the county court claim which I shall be bringing against you. Also, I may add the cost of insuring the vehicle while your refuse to honour your obligations.

 

In my recent letter I gave you a 14 day deadline and I am pointing out that the clock is still running and at the end of the 14 days I shall be issuing proceedings against you.

 

Yours sincerely

 

 

I will do the money claim online now - should I say that he offered me half ?

 

Edited December 3, 2021 by BankFodder
Edits in red

[BankFodder]

I've made some corrections which I see in fact were typos of my own which you copied. I'm using dictation software and you shouldn't simply repeat my letters blindly.

Also, you are meant to explain what the expenses are – and also if they are plus VAT then you should give the total

[Fringer]

Hi 

Letter was amended and sent recorded delivery on Saturday

I have also stopped using the car and emptied it out waiting for him to collect...

 

Is this explanation ok to put on the Money Claim?

Quote

I purchased a motor vehicle on 17th November which had received an MOT the day of purchase however, 6 days later on 23rd November after hearing an awful noise coming from the rear wheel and advising the dealer, he asked me to have the vehicle recovered to my local garage for diagnostics. 
The garage advised the following day that the rear caliper and brake pads had to be replaced as the caliper had completely seized solid and there were no brake pads left. I advised the dealer of this and was offered half of the cost toward the repair as a gesture of goodwill. I refused and requested to return the car to him for a full refund as he has sold me a vehicle in an unroadworthy condition and by the condition of the brake pads, it would appear the MOT either not correct or false. The dealer has now refused contact with me stating his legal team will be in contact.  

 

Edited December 6, 2021 by Fringer

[BankFodder]

1 hour ago, Fringer said:

I purchased a motor vehicle registration number XXX for £XXX on 17th November.
Although the vehicle had received an MOT on the day of purchase within six days it manifested serious braking problems and an inspection revealed that the brakes were in a dangerous condition and that it should not have passed its MOT.
The car is not of satisfactory quality in breach of the Consumer Rights Act 2015. Furthermore, the car has been sold in a dangerous condition and is unroadworthy in breach of section 75 Road traffic act 1988.
The defendant refuses to reimburse the claimant.
The claimant seeks reimbursement of £XXX plus £XXX expenses plus interest pursuant to section 69 County Court act 1984

 

 

I've referred to expenses. Were there any expenses or losses? And if so what were they

[Fringer]

ok will change it thank you 

Do I claim interest from the date of purchase or the date I requested a refund?

[BankFodder]

Date of purchase – because the contract was void right from the beginning

[Fringer]

sorry I forgot to ask, do I go ahead and submit the claim or do I wait for his 14 days to be up?

[BankFodder]

What does your letter of claim say?

[Fringer]

Gotcha