Car Dealer - repair refused at the outset.

[des8]

Well you said you have already initiated court action, so there is no more to be done until you receive their defence.

Being nosey I am interested to see your particulars of Claim (suitably redacted of course)

[Apollo14LMP]

I will try post up particulars of claim ... its on my laptop.

im guessing they will say we offered to fix it or some other nonsense ...

i have all my email , photosnapped my calls to them off my phone and their lack of doing anything is there for all to see.

[Apollo14LMP]

Trying too see the wood through the trees. These legal advisers are saying i have failed to provide sufficent evidence ?

I have sent them my diagnostic report.
car parts invoice
rang them twice Dec to inform them of fault ...
offered to let them examine the car here as it is non driveable

when this goes to court will that be enough to win these people ...

i have kept screen shot my phone records

email on initial day of complaint states to dealer what was said ... you refused to repair my car.. chance to fix car failed ?

i am not paying 200 to take the car back ...am i doing anything wrong

i guess even if i took the car back they would go down wear n tear route .... they have already said that despite not seeing the car ...

advice appreciated thanks...

[des8]

Trying too see the wood through the trees. These legal advisers are saying i have failed to provide sufficent evidence ?
they would wouldn't they.
you claimed the car was unsatisfactory due to faults, which you evidenced.
ball in their court

I have sent them my diagnostic report.
car parts invoice
rang them twice Dec to inform them of fault ...
offered to let them examine the car here as it is non driveable

when this goes to court will that be enough to win these people ..
Not necessarily
small claims is a bit of a lottery and it will depend on the wording of your claim, their defence and your witness statement, how both parties come across in court and what side of the bed the judge got out of the morning of the trial!.

i have kept screen shot my phone records

email on initial day of complaint states to dealer what was said ... you refused to repair my car.. chance to fix car failed ?

i am not paying 200 to take the car back ...am i doing anything wrong
no.it is for them to collect at their cost

i guess even if i took the car back they would go down wear n tear route .... they have already said that despite not seeing the car ..
they can say what they want.
They are trying to get you to discontinue.

advice appreciated thanks...

Comments in red

[2222]

To sum up, can you remind us where you are at? Issued LBA? issued a claim?

You could get an independent motor engineer to report on the car, at your expense, and you might not get that back. It makes it hard for the other side to defend, assuming that the report is favourable, and you could defend the expense on the basis the other side do not accept your evidence. Strictly, you need the court to order the report, but you could at least threaten the other side with this.

If if they have a professional firm acting for them, this stonewalling is costing the garage money. Pretty soon, they'll run up fees of more than repairing the car. So, I'd continue the correspondence.

Incidentally, my car is 12 years old. It's worth about the same as you paid, and so far it has not let us down. So, the notion a ten year old car is bound to break in normal use is derisory.

edit: more accurately, it's risible, not derisory.

[Apollo14LMP]

Thank you all so so much for your valuable time.

i have issued small claims court via Salford.

i might just throw cost of engineer report i will consider or threaten.

its a matter of principle and i have bought older car runarounds in the past never a problem

thank you all .... i will report back.

[Apollo14LMP]

Latest ... got email LS4U ... must have received CC c form .. as they asked me if I would respond to their "kind" offer of paying 50% cost of recovering car to them. Replied no .. they failed to repair car when asked x 3. Then ignored me then got LG4U onto me.

They did have me sign some form at point of sale stating I was responsible for returning car within first 30 days its a typed up copied letter lis this likely to mean I should have sent car back .. so confusing
They said would revert when spoken to their client.

i believe their legal people are misleading the dealer as well as me. Their version of the law seems at odds to what it should be.

could have been advising their client with regard to a defence ? But I guess I might be back soon asking for more advice ...

AWFUL FIRM THIS LEGALSOLUTIONS4U are....

[des8]

Have to see the wording of that "agreement" you signed regarding collection costs before commenting.

So they now have a time schedule to meet, and if they want to avoid court (which will cost them more than you) they will need to come up with an acceptable offer

[Apollo14LMP]

[des8]

If it goes to court I doubt that agreement will stand up. You have signed that " you understand that it is your responsibility etc etc " That is not the same as signing that you agree that it is your responsibility etc etc Your understanding is incorrect. And the preceding paragraph is dodgy as well certainly not a dealer I would want to deal with LOL

[Apollo14LMP]

Thank you I cannot thank you enough ... i hope they just pay up. Im not an unreasonable person and would accept a reasonable figure.
not nice people cant even speak or face me.
thank god for sites lije this and good people like you....
i need a run around for my appointments so stressful.

[Apollo14LMP]

sec 23
(2)If the consumer requires the trader to repair ,,,,, the goods, the trader must—
(a)do so within a reasonable time and without significant inconvenience to the consumer, and
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

sec 23 a what would deemed ro be a reasonable time without convenience in the context of a car repair ?

When i told the dealer he refused to fix the car on the phone after breach notices were sent out decided they would look at the car just day before xmas ! So how will that be seen ? Anyone ? they did not contact for ten day then it was xmas … is that reasonable ?

As I see it failed repair when refused to fix it then changed their mind ? 10 days later don't see why they should change their mind and be allowed to just get away with that really .. messing people about ...

[des8]

As you have not given us a timeline (eg actual dates of when you purchased car/discovered faults /reported to trader etc) it is difficult to be sure but they seem not to have taken your requests or rejection seriously.
But as you have already initiated court proceedings it doesn't matter what we think.
If they don't come up with an acceptable offer soon the judge will be making the decision!

[Apollo14LMP]

I had the car over 30 days ... rang them 10 December ignored until the 23rd Dec ...
but i didnt ring them after the 10th Dec as they refused on that date to repair car .. said werent shelling out on it .. cavalier atitude they had my cash ...
so thats a failed repair then emailed me on 23 wanting to look at not fix the car

[des8]

I hope you can write a coherent witness statement.
At the moment it is difficult to follow what happened when!
It seems you purchased the car at the beginning of November (?) and reported faults to dealer on 9th or 10th Dec when the response was negative.
On 23rd Dec they offered to come and pick up vehicle after Christmas when their recovery people returned to work.

A response within a fortnight could be seen as acceptable.
Did you contact them between 10 Dec and 23 Dec?
When did you reject the vehicle?
what was your "breach" notice?
When did you send a letter before action and what did it say?
What were your particulars of claim/