Sold a part that was unsuitable for my vehicle

[tipsyletti]

Back in May this year, my car failed its mot on the emissions. We purchased a new catalytic converter for the make and model of my car from a local company. After having this fitted, the emissions still failed on the mot and eventually the car was put into a garage until such time they could work out why the car was failing. After 10 days and alot of investigation, it was confirmed by a diagnostic test that it was in fact the catalytic converter which was still the probem. A new one was obtained by the garage who fitted it and passed the car through the mot. The catalytic converter was returned to where it had been bought and a refund was given but the manager also suggested we contact the manufacturers as all the work carried out after the first catalytic converter had been changed would have been unnecessary had the part worked. The manufacturers were concerned and agreed that this needed to be sorted but my contract had been with the supplier where I had obtained the part.
After much messing around from the supplier who seemed poor at communication skills, I have now filed an online court case, the company in question have their own legal department at their head offices and have now sent in a defence. In short they are saying I have no proof the part was faulty as I cannot provide a 4 stage report from the garage which eventually did the work. I went to the garage myself and they gave me everything held on my car on their computer. They also state that the part is no longer available for testing although no reason given why is not available?
I am now looking where to go next? I cannot afford to spend more and more money on this with a chance I will get nothing back.
Once again it seems I am up against a large company with its own legal department and very little chance of getting back any of what I had to pay out.

[WendyB]

Re: Sold a part that was unsuitable for my vehicle

You returned the part to where you brought it from, and obtained a refund. So it is them who were in possession of the faulty part and presumably them who no longer has the part? So what have they done with it? have you asked them? It's hardly your fault the part is no longer available for testing.

Can you scan in the POC from your claim (your particulars of claim) and the suppliers defence? And any other correspondence you have relating to the matter.

As we said last night, it does not have to be expensive to bring this claim, and indeed most claims never actually get to a hearing. You do not have to have a solicitor, you can bring the claim as an LIP (Litigant in person). Post up as much detial as you can and we'll help and advise more when the details are available.

[tipsyletti]

Re: Sold a part that was unsuitable for my vehicle

Hi Wendy,
Thanks for your information, you have really helped. I took a closer look at the whole court papers and you are right, I am going for mediation in the first instance and then see where we end up.
I also took a closer look at their defence and I reakon is it very weak, we didn't actually say the part was faulty but that it was unsuitable for the make & model of my car so they have that wrong straight away. They also contridict themselves in alot of what they say. They questioned why I had to have the part changed in the beginning and as I am going to state, the is irrevelant as even if the part was not causing me problems, if I wanted to change it then it is up to me, like if I want to replace my wing mirror for example.
I will keep you up to date on my progress and thanks for your help, if I need any further info I know where to come.

Many thanks
Karen

[tipsyletti]

Re: Sold a part that was unsuitable for my vehicle

Hi!
I just wanted to post the lastest update to my court case!

I have now waited and waited and waited for the court to get its act together.

I was ordered to get a report from the garage where the work was finally carried out but the court ordered me to get a report that does not exist! I have checked with 3 garages and none of them had ever heard of such a thing?? I sent what I could with a report from the garage in question who were really good about it, along with the VOSA readings for the emissions, although this is the third time they have been sent!

That report went back on the 17th of January, it is now just going into March and still I have heard nothing!

The case was passed to my local court back in november and so nothing further has been updated on my on-line log-in.

I wonder how long it will take the courts to finally come to a decision, it has been almost 5 months since I first took the steps to make the claim. I am still a little worried that after all this time I may still lose the case? The court seems to be on the side of the company that my claim is against, they deemed to give them extra time for information when they didn't bother answering within the time given, I cannot see a court giving me extra time!!

Well I suppose I will just have to wait and see what the final outcome will be??

:tinysmile_hmm_t2:

[tipsyletti]

Re: Sold a part that was unsuitable for my vehicle

:tung: Well, 364 days later, one year minus one day since my MOT that went wrong, I finally got a settlement on the cost of my car!
I did take it through court and finally they sorted out mediation before it was due to go into court next month. I settled for a sum the company offered as to take it into court posed the risk of losing everything.
One important thing to me was that they owned up to their responsibility, which they did by stating that there was mistakes on both sides. I did agree with this so I feel happy with the outcome.

I would say to anyone about to take anyone to court, can you wait for a year? as that is how long my case took!

:beagle:PS - Just booked my new MOT for next week!

[leclerc]

Re: Sold a part that was unsuitable for my vehicle

Great result for you and I assume you aren't using the company for the MOT