Taking dealer to court for selling dangerous car

[Amethyst]

The pre-action letter ( below) is dated 9th ... you submitted the claim today ? but you gave 14 days in the pre-action letter - unless he did contact you and say to go ahead ?

You do need to make sure everything done from your end is correct and not gone off half cock - you seem to be in the right so you don't want to lose on technicalities.

Sorry about the scrappy redacting ( on phone )

[Amethyst]

RAC garage check ( again sorry for scribbles when I'm on computer tmw I'll try neaten it up )

[JUICYBUBS1]

Hi yes, my husband got to speak to the owner, and the owner said no more contact via telephone or email, so my husband says so shall it take that as go straight to court and owner replied "yes". We have the whole conversation recorded on my mobile. The owner said all his calls are recorded, so we said good, then the court can hear all, and we told him we are recording too. His probably arent recorded but ours definitely are

[des8]

Will look in more detail tomorrow

NB like the scribble Amethyst
*Just like the grandchildren and my wallpaper*

[JUICYBUBS1]

oh bless, i used to put lining paper on 1 wall where my kids could draw...that was their wall and only their wall, worked a treat
*

[des8]

Couple of points to expand upon:
Legalsolutions4u state: "In your email dated 20^thDecember 2019 you stated previously that you had requested from our client that they resolve these issues"
Did you ever request a repair? If so when? What was the response?
What was the wording & context of your email of 20/12?

They further state: "Further and in the alternative we would refer you to s9(4) CRA 2015 which states that when considering whether a fault would render the Vehicle of unsatisfactory quality a consumer cannot seek to rely on an issue where the consumer has already examined the goods before the contract was made and which such examination ought to haverevealed such an issue."

Regardless of your grounds for disputing their interpretation of that section* it could be argued the goods were not fit for purpose (you did include that in your claim?) as the vehicle* was dangerous to drive as shown in the RAC report. That is not affected by CRA 2015**s9(4)

Any chance of seeing the claim you have submitted? especially the particulars of claim?

[des8]

One other point which was raised was their membership of**Automotive Mediation Ltd, who operate* an ADR scheme.
Although you have already issued your court clain you should consider using this scheme to resolve your dispute.
The courts expect both parties to attempt a resolution before the court hearing takes place.
If you cannot come to an agreement, at least you will have tried.
Not to try, especially after ADR has been offered, will reflect against you.

[JUICYBUBS1]

Hi i have forwarded emails to admin which my husband has sent. The one on 20/12/2019 request for the repairs to be done.* The garage have never ever responded to emails or calls. It all been one way and thats us calling them.

[Amethyst]

The 20th DECEMBER email....

On Fri, 20 Dec 2019, 18:23 xxxxxxxxxx wrote:
Dear xxxxxxxxxxx
As per my phone calls from the day after I got the vehicle Vaux xxxxxxxxxxxx in Blue from your garage: xxxxxxxxx Garage, xxxxxxxxxxx 4th December 2019 at the cost of £5795.00 + £399.00 RAC Warranty.

You are advertising you are an RAC Approved Garage and my vehicle has done an 82 point RAC check before my vehicle was released by yourselves.

I have not received a copy of the 82 point RAC check in any documents given to me and only found out from an RAC Breakdown Operative. I have since requested a copy of this completed 82 point check of xxxxxx by phone and now you xxxxxxx by this email to be sent right away.

I have phoned with various problems with the vehicle from 5th December 2019 and mostly spoke with xxxxx and once briefly with you xxxxxx which you said you call back and never did and I have had to chase you.

I have a copy of what was to be inspected on the 82 point RAC check to pass and the RAC Operative and myself have found various things wrong which need to be sorted to be able to pass an 82 point RAC check.

1. Boot does not open correctly and you guys tried to say all of the Mokka do this which I know this is not true.
2. Plastic grey wheel arches rear both sides all clips broken on them from where someone has replaced the bumper back on.

Vehicle Interior
3. Both wipers not fitted correctly and passenger side flew off in heavy rain and scratched the windscreen while I had my family in the vehicle wife and kids. Dangerous NOT Happy.

4. Parking Assistance System mainly does not work comes on for upto 3 seconds and also comes up with a light for service.

5. Service due soon light, Parking Service Light come on and Hill Assist only works now and again.

6. Internal Equipment: Plug built in rear of car does not work.

7. Water Ingress: Passenger light cluster condensation and Driver side chipped off glass bottom left of cluster.

8. Sliver Interior Trim around the Cd Radio player bubbled and peeled.

9. Parcel Shelf Cord snapped and came threw the parcel shelf.

Engine Compartment

10. Engine Service Light* illuminated.

11. Vehicle Lost Power on dual carriage and would not go above 28 mph have this on Video even that my foot was to the floor while going past a HGV and as a result was nearly wiped out by the HGV as it happened all of a sudden. Dangerous.

Vehicle Exterior

12. Bodywork Corrosion inside the Boot small patch.

13. Structural Body Repairs Rear plastic below bummer not fitted correctly.
Bumper not fitted correctly. Rear Lights not fitted Correctly and Wheel Arch grey Plastic clips broken. All found by RAC Breakdown and gentleman said the bumper has been off and showed me the over spray of the repair which is probability why the parking system does not work.

14. Unusual noise from the engine. ( Boiling Kettle Noise )

Convenience

15. Dirt and Mud under the seats.*

If xxxxxxx Garage did an 82 Point Check as you claim then these should of been picked up. In the current state the Vehicle doe not meet the RAC 82- Point Approved Vehicle Preparation Standard as quoted on the RAC Official Website.

I have asked for all this to be sorted but no one would get back to me so I have spoken to the RAC from today's date 20 December 2019 you have 8 Weeks to have this all sorted before the RAC step in which will make the date at the latest 14th February 2020*

I have booked the Vehicle into another RAC Approved Garage on Monday 6th January 2020 at 09.00 and have asked the to do a report and any bill for this will be sent to yourselves for payment as you kept ignoring me, A copy of the report will be sent to you straight away and also a copy will be sent to the RAC.

I will if needed go to my local Court to sort this out as this was money from my injuries in the Army which has paid for this vehicle and you have aspirated my PTSD ( Post Traumatic Stress Disorder ) with all the extra stress involved.

On top of this, the windscreen wiper flew off whilst we were on a trip to take our son on a Christmas train, and this happening spoilt the whole evening.** The loss of power happened when we were on our way to take our son to meet Santa, again this spoilt the whole day, as it worried us and stressed us out totally, which was unfair on us and our son.* These problems have totally spoilt our Christmas.

The problems on the vehicle are dangerous, and as i have stated, my family were in the vehicle at the time.* We have the loss of power and other stuff recorded on video,* and we are wondering what is going to happen next.*

Very unhappy customer

*

[JUICYBUBS1]

reference the ADR we asked the garage about the ADR scheme over the telephone, and they said they had never heard of it, and that they dont have a complaints process either, we have this call recorded.

We have spoken to National Conciliation Service over a week ago and because my husband is stating that they sold us the warranty fraudulently, then we cant go down that route.

Ref the warranty, on the blue slip it states vehicle has to be less than 10 yrs old which it is, and vehicle cannot have more than 100,000 miles on the clock. Ours had 106,000. Plus states that cover is for £300, my husband paid £399.

We have not been given or sent any other paperwork for the warranty cover, all we have is the receipt and blue slip.* Also because the dealer is not responding to anything at all, not even from day 1, husband has lost all faith and does not trust them

[JUICYBUBS1]

would you like me to type in time and dates of all calls, you will be amazed

[des8]

I fear that you might have jumped the gun by issuing your claim too early.

The email of 20th December clearly requests they sort the problems by 14th February.
As pointed out by Legalsolutions4u if you request repairs you forfeit your right to reject the goods, at least until the date you allowed them.

We had a similar case on here about a year ago where the judge ruled in the dealer's favour and ordered the repairs carried out.

You could mail the dealer (copy to Legalsolutions4u) reminding them they have until 14th February to bring the vehicle to a satisfactory condition.
If they do so, and it passes an independent scrutiny by an engineer (https://www.dekra-expert.co.uk/vehic...gineers.report), you will then discontinue the claim.
It is most unlikely that your claim will be heard by that date, so if they do the repairs you can discontinue without it costing you too much and if they don't do the repairs you can continue with your claim

If they are going to carry out the repairs they need to collect the vehicle at their cost.

[JUICYBUBS1]

Hi, since that email, the garage has stated that they dont want to know anything at all, no calls,, nothing, Husband asked about complaints process, and they dont have one, then he asked about their ADR member and they said they didnt know what an ADR was.* We have this recorded on our mobile.* When asked if wanted to go straight to court they said YES.* Due to their total lack of respondence,* we have lost all faith, they havent offered repair or anything.* Hence why paperwork went in, because of their stalling tacticts

[des8]

Ok, so they have refused verbally to repair, so scrub that letter!
Don't lose that recording and be prepared to transcribe it as part of your evidence pack for the court hearing

[JUICYBUBS1]

yes they have refused anything to do with the car......i will get it transcribed tonight i have 2 copies of all the recorded calls.....husband has just said too, that the dealer stated all repairs are done through our rac warranty, thats what it is for....... but RAC told us that it cannot be done as " Pre existing conditions" when we bought the car.* *They were done within 15 minutes of each other