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Hello Everybody, I've got an odd one here which i'm struggling to conclude, so i'm throwing this one out there.
I'll try to keep it breif, but here goes:
My used car developed a dangerous fault (bought from private seller) before the start of Lockdown back in March.
During lockdown whilst car was on my drive after being recovered by the AA, a flyer for a local Volvo Specialist offering free collection and delivery for repairs was put through my door.
I called and had my car taken in by them for the fault to be repaired. Fault was supposedly repaired at vast expense, to the tune of over £600.
Car delivered back, drives fine for about 3 - 4 weeks until the problem arises again, luckily just before I had joined the motorway otherwise this could have caused serious problems and safety concerns for myself and other users of the M5 due to the nature of the fault. (For those technically minded, it was a 'Runaway Engine' scenario, ie. Unable to stop engine, not control vehicle, thick smoke enough to consume both carriageways etc)
I contacted the garage as the work/parts were guaranteed for 3 months. They eventually recover the vehicle to look at why the problem returned, since they were meant to have fixed it, but it was found that the same fault had ocurred (The engine oil sump had filled up with diesel fuel again)
I leave the vehicle with them, awaiting a diagnosis. A Week passes, no word. I call and they don't answer. Another week passes, I call and they tell me the vehicle is being worked on that very moment and they were dealing with a customer and would have to return to them and call me back. No call back. That's fair enough you might ask? Well that was in August. It's now December and I've heard nothing from the garage and all my attempts at contacting them have been ignored.
So not only have they had my car for 4 months, they haven't repaired it, contacted or tried to contact me, and they seem to avoid me calling.
Sick of this and now due to other factors unrelated i've been evicted from my rented property etc, I need the vehicle back so I can at least have it repaired properly and sold on, and seek to have all or some of the money I spent with them to fix the problem they clearly didn't fix refunded.
No word still, So i decide to write them a letter and send it Recorded Delivery.
In the letter, I outlined the timeline of events, highlighted the various clauses in the The Consumer Rights Act 2015, namely that work should be carried out in a 'reasonable time' and with 'Reasonable Care and Skill' - both of which I argued have not been met. 4-5 Months is NOT a reasonable time frame, especially with the lack of communication. And one could argue that for a company who market themselves as 'Volvo Specialists' they would have been able to correctly identify and repair the fault correctly the first time,which they didn't, which in my opinion does not constitute 'Reasonable Care and SKILL'
The letter requested contact be made, with the repair and return of the vehicle, OR a refund and return of the vehicle within 7 days of the receipt of the letter, which I deemed to be fair and reasonable. The letter was sent Recorded Delivery and was signed for and received just over a week ago. In this time frame i've heard NOTHING.
I've got no way of going to the garage in person to even see if my vehicle is there.
What should my next steps be?
Obviously I would like my car back, and I want it either fixed PROPERLY or I want that money back so I can get it fixed properly elsewhere.
I don't know what Legal options I have. My initial thoughts were Small Claims Court / The Govt's Money Claim Service, But I don't know where I stand about recovering the car.
Your thoughts are appreciated.
Many Thanks in Advance,
A.
pps. In terms of physical evidence, I've got record of all the emails i've sent, a copy of the letter, the Royal Mail's proof of delivery slip, my receipt for the postage.
I'll try to keep it breif, but here goes:
My used car developed a dangerous fault (bought from private seller) before the start of Lockdown back in March.
During lockdown whilst car was on my drive after being recovered by the AA, a flyer for a local Volvo Specialist offering free collection and delivery for repairs was put through my door.
I called and had my car taken in by them for the fault to be repaired. Fault was supposedly repaired at vast expense, to the tune of over £600.
Car delivered back, drives fine for about 3 - 4 weeks until the problem arises again, luckily just before I had joined the motorway otherwise this could have caused serious problems and safety concerns for myself and other users of the M5 due to the nature of the fault. (For those technically minded, it was a 'Runaway Engine' scenario, ie. Unable to stop engine, not control vehicle, thick smoke enough to consume both carriageways etc)
I contacted the garage as the work/parts were guaranteed for 3 months. They eventually recover the vehicle to look at why the problem returned, since they were meant to have fixed it, but it was found that the same fault had ocurred (The engine oil sump had filled up with diesel fuel again)
I leave the vehicle with them, awaiting a diagnosis. A Week passes, no word. I call and they don't answer. Another week passes, I call and they tell me the vehicle is being worked on that very moment and they were dealing with a customer and would have to return to them and call me back. No call back. That's fair enough you might ask? Well that was in August. It's now December and I've heard nothing from the garage and all my attempts at contacting them have been ignored.
So not only have they had my car for 4 months, they haven't repaired it, contacted or tried to contact me, and they seem to avoid me calling.
Sick of this and now due to other factors unrelated i've been evicted from my rented property etc, I need the vehicle back so I can at least have it repaired properly and sold on, and seek to have all or some of the money I spent with them to fix the problem they clearly didn't fix refunded.
No word still, So i decide to write them a letter and send it Recorded Delivery.
In the letter, I outlined the timeline of events, highlighted the various clauses in the The Consumer Rights Act 2015, namely that work should be carried out in a 'reasonable time' and with 'Reasonable Care and Skill' - both of which I argued have not been met. 4-5 Months is NOT a reasonable time frame, especially with the lack of communication. And one could argue that for a company who market themselves as 'Volvo Specialists' they would have been able to correctly identify and repair the fault correctly the first time,which they didn't, which in my opinion does not constitute 'Reasonable Care and SKILL'
The letter requested contact be made, with the repair and return of the vehicle, OR a refund and return of the vehicle within 7 days of the receipt of the letter, which I deemed to be fair and reasonable. The letter was sent Recorded Delivery and was signed for and received just over a week ago. In this time frame i've heard NOTHING.
I've got no way of going to the garage in person to even see if my vehicle is there.
What should my next steps be?
Obviously I would like my car back, and I want it either fixed PROPERLY or I want that money back so I can get it fixed properly elsewhere.
I don't know what Legal options I have. My initial thoughts were Small Claims Court / The Govt's Money Claim Service, But I don't know where I stand about recovering the car.
Your thoughts are appreciated.
Many Thanks in Advance,
A.
pps. In terms of physical evidence, I've got record of all the emails i've sent, a copy of the letter, the Royal Mail's proof of delivery slip, my receipt for the postage.
