appreciate advice on rights after purchasing a faulty vehicle

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

i understand , i did actually say that to her, well almost lol

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

just to keep this thread updated,

the letter before action was received by them on monday 20th July, and they have now sent a reply dated 24th July

i will attach their reply, not too sure on what grace to give them to be honest, but would like to remain in honour even though they have not at any point.

my sister is very much struggling without a vehicle at the moment.

any advice or thoughts are always welcome.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

have now uploaded the attachment

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

I think you have to be reasonable and allow them the time

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

yes i agree if he is back on the 3rd of august, it may be worth sending a simple letter stating that she is prepared to allow a further 7 working days, would this be considered enough time ?

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

:okay:

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION]

hi all,

just to keep this updated, this is a copy of the letter we sent to the garage:

Dear xxxxx.

We acknowledge receipt of your letter dated 24^th July 2015, the content of which has been duly noted.

As you are aware the vehicle cannot be used. We as a family rely on the use of a vehicle for various reasons, having 2 young children makes access to a vehicle all the more important to us. In addition to this, due to the fact it is now the school summer holidays, we have had a family holiday booked for some time and have now had to make alternative arrangements to obtain use of a vehicle in order to take our 2 young children on the holiday that they have been looking forward to.

However in light of your predicament, and the unfortunate fact that xxxxx is away, we feel that it is only right that we should take this into consideration. As it has always been our intention to remain honorable throughout this unfortunate situation we therefore agree to allow a further 7 working days for xxxxx to respond to our previous correspondence.

We look forward to hearing from you in due course.

Yours sincerely

my sister received a phone call when the owner returned from his 'trip', the phone call was from an office junior apparently, who stated that the owner would be replying with a letter. He didnt even have the decency to speak to her himself.

[teaboy2]

Re: appreciate advice on rights after purchasing a faulty vehicle

You can also recover financial loss your sister has incurred as a direct result of being without a vehicle, i.e. loss of earning, lost of holiday deposits and even on cost of using taxis, buses and trains when your sister would have normally used the car!

So you should consider tallying up such financial loss (though you will need receipts) and including that in any court claim.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

hi again all,

well my sister has received a response , which again is full of utter rubbish.


not once has he said they would be happy to have the vehicle back to repair it !!! , has denied on many occasions there is anything wrong.

has also stated more than once that if they were to have it back and repair any oil leak then it would be payable by my sister as the warranty did not cover 'wear and tear' after having the car for only 2/3 weeks !!!

again the previous letter he is referring to clearly states it would cost my sister about £500 as the problem was wear and tear !!!

any advice on what to do for the best here would be much appreciated, my sister really didnt want to have to go through the courts, but she and her family are really struggling now for transport and in general.

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

As your sister has lost all confidence in the company, and as they previously denied any faults, I would write back advising that their suggestion is now too late and in any case not sufficient.
To avoid court action they need to agree to a full refund, which has to include the additional costs and expenses incurred due to their supply of a faulty vehicle and continued refusal to
acknowledge the problem.

Hang around as others might have other suggestions

Appreciate she doesn't WANT to go to court, but sometimes necessary, and not that scary really (altho' some find it stressful)

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

As your sister has lost all confidence in the company, and as they previously denied any faults, I would write back advising that their suggestion is now too late and in any case not sufficient.
To avoid court action they need to agree to a full refund, which has to include the additional costs and expenses incurred due to their supply of a faulty vehicle and continued refusal to
acknowledge the problem.

Hang around as others might have other suggestions

Appreciate she doesn't WANT to go to court, but sometimes necessary, and not that scary really (altho' some find it stressful)

thank you for your reply des8, as always much appreciated.

if she does have to go to court i will go with her as a lay representative or mckenzie friend. I will also help her prepare any paperwork such as witness stats and skeleton arguments, and attempt to make her written argument strong enough to have a very good written case.

yes i think a reply to this latest nonsense is probably the best route forward at this moment in time.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION] hi all,

sorry not had chance to update this until now, wont go into details as to why .

the issue has not been resolved and unfortunately doesnt look like it is going to so i have drafted this final letter to send and then it will leave my sister with no choice but to issue proceedings, would appreciate any comments on whether this letter is ok to send as it is


Dear xxxxxxxxx.

In previous correspondence both written and verbal we have made our position quite clear. We are rejecting the vehicle as not fit for purpose under our rights given by the sale of goods act 1979 sections 14 and 48 respectively, and we require a full refund.

We have lost all faith in T & T Vehicle Sales being capable or willing to fix the problems with the vehicle partly for the reasons set out below.

1) When the problem first arose we contacted T & T vehicle sales and expressed our concern, we were told at the time that the emissions light problem was probably due to us using cheap diesel, which we hadn’t , and we have since found out that that statement was ridiculous anyway.
2) Finally you agreed to take the car back and repair it, if there were a need, you had the car for 2 weeks and found and fixed a coolant leak but denied there was anything else wrong with the vehicle yet it still continued to burn oil at an alarming rate.
3) Having brought your attention to this issue on numerous occasions you either denied there was a problem or you stated quite clearly that if you were to exact any repairs relating to this problem then it would incur a cost to us of around £500, stating that our warranty did not cover ‘wear and tear’ despite the fact this issue was raised with you almost immediately after purchasing the vehicle, and no mileage or usage by ourselves could possibly constitute wear and tear. You have always, throughout all correspondence, made it quite clear that we would be liable to pay for any repairs relating to the oil problem.
4) We were then asked if we could keep hold of the car until Darren could get an onsite mechanic to take a further look at the vehicle, which could take up to a month !, this is not what we should have been expected to accept in light of all that had happened, however we did agree to do this. We also pointed out that the emissions light was still on and were told that it would be ok unless it started to flash, again we have since found out this to be unacceptable and not true.
5) Upon checking the service book we also had it pointed out to us that the service book prior to us purchasing the vehicle and simply been ‘ stamped’ , no details of what had been carried out during this service making it impossible for any mechanic in the future to know what needed to be done on any subsequent service.
6) We were forced, as long ago as 26^th June 2015 to simply stop driving the vehicle because the emissions light did start flashing and the car simply wouldn’t run. And from this date our numerous attempts to contact you were ignored and none of our calls were returned.

For the avoidance of doubt, we now require you to collect the vehicle from our premises and require a full refund. The vehicle is available for collection at the above address as it has been for the last few weeks.

Having already agreed to allow a further 7 days, and then not taking any further action until now, we must inform you that we will issue proceedings 5 days from receipt of this letter. We are not prepared to enter into any further communication regarding this matter, save for discussing the refund or collection of the vehicle.


yours sincerely

[des8]

Re: appreciate advice on rights after purchasing a faulty vehicle

OK then
Firstly replace the royal "we"with "I" !
Then keep it short and sweet.
"Dear Sirs
Ref: Vauxhall Astra Reg No xxxxxxx
I regret your response to my letter of is inadequate.
I shall begin court proceedings without further reference to yourselves.
Yours...."

They know the position, they were told the vehicle was rejected.
There is no need to constantly repeat.

If you want assistance with drafting the Particulars of claim, let us know

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=38669]Des[/MENTION],

thank you for this, will send her an e mail tonight i just hope she hasnt already sent it, i would certainly appreciate some help with the particulars of claim as this is something i know very little about.

it certainly looks like this is going to be the only route to resolve this.

[skilganon]

Re: appreciate advice on rights after purchasing a faulty vehicle

[MENTION=39710]des8[/MENTION],

well just to update this, nothing has been resolved and they have ignored all correspondence so unfortunately my sister has no choice but to issue a claim have never done anything like this before so any help would be very much appreciated especially with a well worded particulars of claim.:tinysmile_grin_t: