Done it again - another faulty vehicle !

[fandabby]

Hi all

I have heard nothing from my letter which was sent last Wed 26th (1st class). How long do I leave it before having to send another letter obviously needing to be reasonable with him replying?

thanks

[des8]

two weeks is IMO reasonable

[fandabby]

Thanks, if not heard by next Wed will put together letter 2.

[fandabby]

Hi

First letter sent 26th Sept and had no reply, I also telephoned the garage and they have had no one call them about the car either.

So letter 2 now needs to be sent. I have come up with the following letter.

Love for input / advise / alterations as to whether this is an acceptable second letter to be sent to the trader please.

many thanks in advance.



********************************

Dear Sir


RE: Purchase Chrysler Grand Voyager 2.8 CRD Reg XXX XXX

I am following up my letter dated 26 September 2018 for which I have had no response.

I have also contacted the garage where this vehicle is sited and they also have confirmed that they have had no communication from you with regard to you approving repairs or making arrangements to recover the vehicle for you to carry out the necessary repairs.

I would like to remind you that under the Consumer Rights Act 2015 Chapter 2 Section 23 – Right to Repair or Replacement, I am requesting my right to repair.

Repairs to be met:
As stated in letter dated 26 September 2018 the vehicle has an internal engine fault which needs further investigating and repair and the TPMS warning light which you stated only needed a sensor to be fitted, which we did and it did not correct that fault, also needs investigating and repair.

Whilst we are within our six months my husband reminded me to also point out that whilst the engine is running for a time a strong tar like burning smell on the outside of the vehicle is noticed and can be smelt sometimes from within the cabin. Whether this is linked with the engine fault or is a separate fault (exhaust leak which is an MOT failure) this also would need investigating and repair.

As previously stated, the faults deem the vehicle to be unsatisfactory and not to conform to contract under the Consumer Rights Act 2015 and I am exercising my right to a repair.

I have been left without a vehicle since Friday 21 September and have given you two weeks to communicate your plans for repair for which I have heard nothing.

Please arrange the repairs with < GARAGE VEHICLE is SITED ADDRESS AND TELEPHONE> or alternatively make arrangements to recover the vehicle to undertake the repairs at your preferred garage.

Please respond by two weeks of receipt of this letter.

Yours faithfully

*************************************


Thanks

[des8]

I would just add in a reminder that the dealer must repair or replace the goods free of charge, within a reasonable time and with little inconvenience to yourself. If there is a delay or inconvenience or no remedy is possible from the start, you can reject the car and receive a refund.

[fandabby]

Thanks des8

I've highlighted the addition, is this in the best position within letter please and do I also include that second sentence?

Thanks Des.




**********************

Dear Sir


RE: Purchase Chrysler Grand Voyager 2.8 CRD Reg XXX XXX

I am following up my letter dated 26 September 2018 for which I have had no response.

I have also contacted the garage where this vehicle is sited and they also have confirmed that they have had no communication from you with regard to you approving repairs or making arrangements to recover the vehicle for you to carry out the necessary repairs.

I would like to remind you that under the Consumer Rights Act 2015 Chapter 2 Section 23 – Right to Repair or Replacement, I am requesting my right to repair.

Repairs to be met:
As stated in letter dated 26 September 2018 the vehicle has an internal engine fault which needs further investigating and repair and the TPMS warning light which you stated only needed a sensor to be fitted, which we did and it did not correct that fault, also needs investigating and repair.

Whilst we are within our six months my husband reminded me to also point out that whilst the engine is running for a time a strong tar like burning smell on the outside of the vehicle is noticed and can be smelt sometimes from within the cabin. Whether this is linked with the engine fault or is a separate fault (exhaust leak which is an MOT failure) this also would need investigating and repair.

As previously stated, the faults deem the vehicle to be unsatisfactory and not to conform to contract under the Consumer Rights Act 2015 and I am exercising my right to a repair.

I have been left without a vehicle since Friday 21 September and have given you two weeks to communicate your plans for repair for which I have heard nothing.

Please be aware that the you must repair the goods free of charge, within a reasonable time and with little inconvenience to myself. <do I include that last sentence too ? ( If there is a delay or inconvenience or no remedy is possible from the start, I can reject the car and receive a refund.) >

Please arrange the repairs with < GARAGE VEHICLE is SITED ADDRESS AND TELEPHONE> or alternatively make arrangements to recover the vehicle to undertake the repairs at your preferred garage.

Please respond by two weeks of receipt of this letter.

Yours faithfully

[des8]

OK and yes, include.

[fandabby]

Oh dear, I sent that letter yesterday signed for and royal mail are now showing:

01:01pm
Refused - Returned to Sender


So what now ? Do I send one anyway with normal post so it does go through his letter box but is he unlikely to open it?

This isn't going to go well is it ?

[ostell]

Send it, first class mail and ask at the post office for free certificate of posting. Use a different envelope so that he won't possibly recognise. When matters go further you are entitled to assume that it was delivered within 2 working days.

Have you got an email address you can use for the dealer? If I can find it again I have a link that gives a response when an email is opened without the recipient being aware, It gives date and time. Doesn't always work though

[des8]

Doesn't matter
That letter is deemed delivered.
Send him a copy in a plain brown envelope (get free certificate of posting) if it makes you feel better, and then continue as before

[fandabby]

Send it, first class mail and ask at the post office for free certificate of posting. Use a different envelope so that he won't possibly recognise. When matters go further you are entitled to assume that it was delivered within 2 working days.

Have you got an email address you can use for the dealer? If I can find it again I have a link that gives a response when an email is opened without the recipient being aware, It gives date and time. Doesn't always work though

Hi

Thanks for response, I found a different envelope earlier, photocopied the letter copy I had and put first class stamp only with proof of postage and got it in the post for pickup this afternoon. I don't suppose he will expect me to send another so quickly and being a different envelope he may open.

No email address for him only a contact form to send messages through Autotrader.

I also checked his website and that is now showing "Page not found (HTTP 404)." - so he's starting to try and hide, I did already last week save html pages to my hard drive of his 3 page website, good job I did that. I also have his original advert on autotrader showing his trading name saved down too being cautious.

I tried at the time to look at the source code behind the contact us page for html coding to see if there was en email address somewhere but could not find anything so stuck with Royal Mail I think.

Now I wait again but he's already made his stance clear by refusing this letter today so I guess I have to go through the motions and see where I end up over these coming months.

[fandabby]

Morning

I'm coming up to two weeks again end of this week for letter 2. I did get my letter too back 'refused', so that is filed safely along with print out from RM tracking showing date and time of refusal.

I obviously need to start thinking about my next approach, do I telephone or just letter?


I have spoken with OH and he thinks it's not a good idea to drop this and accept the repairs ourselves as we are in the unkown.

1, Engine fault - no compression in cylinder 1 which the garage performed initially and said it could be anything and did question is it worth fixing because it could turn into something big to fix.
Have no report at this stage apart from RAC stating internal engine failure towed to garage.
2. The TPMS point of sale trader said just needs a new sensor buy from ebay for 30 quid and get tyre shop to fit and it will cancel the TPMS fault, however had genuine part fitted for that vehicle and TPMS is still at fault. We cleaned all wheel arches around the receivers too when the TPMS error did not go away to make sure there was nothing blocking signal with mud etc but that did not fix problem. So deeper fault again.
3. Burning tar smell was noticed towards front of the car when engine had been driven and could also be smelt slightly inside the cabin. Sounds linked with exhaust possibly? Or is it linked with engine failure ?

We don't want to take this on ourselves because could cost thousands to put right and have first notified trader just under 4 months since purchase.


Question also, the car is just parked up at that garage, they haven't contacted me to remove so assuming where it is is not bothering them. I pay monthly tax and it is currently also still insured. Shall I at this stage SORN the car to save on tax since it ain't going anywhere in the near future it seems. Paying £47.25 so rather save it than waste it if you guys think being left at a garage is can be SORN as not on the road ? And leave insurance running ?

Trader has taken his website down - showing not found now as of about 2 weeks ago and still not up but he has presence on AutoTrader under his trading name. So not completely vanished. Have also tracked him with a VAT search.



And to top it off, our old beat up Astra we had which was our backup go to car has been off the road since Sunday. We are trying to fix but in meantime borrowing a car so I could get kids to school this week which I have to give back tomorrow night after school run. No buses to school from where we live (country) and taxi quoted me £25 one way so that would have been £100 a day on taxi fare! so then looked at hire car but with 4 kids cost was higher end as need a bigger car to sit us all then luckily a family member came to rescue.
So will be car-less from tomorrow night. Luckily half term next week but will need to make a plan for school run again week after. Astra may not be feasible to repair so very not convenience Chrysler off road as that was our main car and have no money to buy another. Oh dear.

[des8]

You do have fun with your cars.... ever considered a pony & trap

Time for a letter before Action

Do you know the traders name?
You went to his home to collect vehicle so you know his home address. That should help in discovering his name
When dealing with a sole trader you name not just the entity they are trading as, but the individual running the business. This enables you to enforce against the assets of either the trading entity or, if it has no assets or has ceased trading, you can then still enforce against the individual.

Care to post his trading name and address? someone here might know him.

[fandabby]

Morning

Thanks Des.

Here is draft for LBA. Please advise if this is ok to send. Thanks

************************************************** *********************

Dear Mr Trader


RE: Purchase Chrysler Grand Voyager 2.8 CRD Reg XXXX XXX
LETTER BEFORE COURT ACTION



I have written on two occasions 26 September 2018 and 11 October 2018 to ask that under the Consumer Rights Act 2015 Chapter 2 Section 23 – Right to Repair or Replacement, that you repair the above vehicle.

I also note that you refused to sign for my letter dated 11 October, however as you know I posted a copy the day you refused the Signed For with a 1^st class stamp and obtained proof of postage.

I would like to remind you of the repairs to be met:

• Internal engine failure 21 September 2018.
  Garage confirm no compression in cylinder 1
• TPMS Fault – from purchase
  Genuine sensor was fitted and fault still present.
  You told me point of sale it only needed a new sensor and fault would go away.This was incorrect and needs investigating and fixing.
• A strong tar like burning smell on the outside of the vehicle is noticed when vehicle has been driven and can be smelt sometimes from within the cabin.
  Investigation and fix required.

As previously stated, the faults deem the vehicle to be unsatisfactory and not to conform to contract under the Consumer Rights Act 2015 and I am exercising my right to a repair.

I have been left without a vehicle for over four weeks now and this is unreasonable and costing me money for alternative transport whilst I wait for you to make the repairs.

Please arrange the repairs with < GARAGE DETAILS > or alternatively make arrangements to recover the vehicle to undertake the repairs at your preferred garage.

I am willing to discuss this through Alternative Dispute Resolution, should you wish please contact me to make arrangements for mediation.


If I do not receive a satisfactory response from you within 7 days of receipt of this letter, I intend to issue proceedings against you in the county court without further notice, however I would hope this matter can be resolved amicably and without the need for court action.

Yours sincerely

************************************************** ***


? Is this reading how it should please for LBA.


Thank you


EDIT - am i supposed to say if I hear nothing I will reject for refund and outline monies for refund and can that include damages or is it just value of car? Thanks

[ostell]

You can claim for your losses, such as the hire car.