* WON * Campervan dispute...

[IainJames]

Re: Campervan dispute...

Their legal team are so good they include this disclaimer on their website:
Legalsolutions4u is not a regulated law firm and as such is not regulated by the Solicitors Regulation Authority. The website is not intended to create a solicitor-client relationship and by using this website no solicitor-client relationship will be created with Legalsolutions4u. Instead you are representing yourself in any legal matter you undertake through the websites services.

I would send all correspondence to the trader, not their "legal team" as according to the website they are representing themselves.

I note the trader's website also states " vehicles undergo RAC 53 point vehicle preparation check , for complete peace of mind"
You might like to let RAC know what you think of the way that check is carried out.

I did actually raise this with the RAC and they said to let them know the outcome so they can review their position on the dealership.

[IainJames]

Re: Campervan dispute...

Sorry slight sidetrack here - this Fred Graham t/as legalsolutions4u - is the letter actually FROM them - acting on behalf of their client ? is it an email or on headed paper?

it's all via email. makes me wonder if it's actually the dealership emailing me. They class themselves as "Legal Consultants providing specialist motor trade law advice to the Retail Motor Industry."

If that's the case then their initial advice to their client was misinformed as I did submit my short term right to reject within the 30 day period.

[Onestepatatime]

Re: Campervan dispute...

So if you get a report into the dvsa maybe you could approach trading standards as well and have a double pronged approach.

- - - Updated - - -

Also just found this not read through but it may be of use?
http://www.mils.co.uk/images/How_the...otor_Trade.pdf

[IainJames]

Re: Campervan dispute...

DVSA report and county court claim submitted. :-)

[Phaeton]

Re: Campervan dispute...

Have you checked https://www.check-mot.service.gov.uk/ to see if any of the faults were advisories or fails either earlier this year or last

[IainJames]

Re: Campervan dispute...

DVSA report and county court claim submitted. :-)

yep, on the 25th September it failed with the following:

ate tested25 September 2017

FAIL


Mileage80,671 miles

MOT test number1952 6749 4425

Test locationunavailable until further notice



Reason(s) for failure

• Nearside Front Suspension component mounting prescribed area is excessively corroded (2.4.A.3)
• Offside Front Suspension component mounting prescribed area is excessively corroded (2.4.A.3)
• Offside Front Subframe mounting prescribed area is excessively corroded (2.4.A.3)

Advisory notice item(s)

• Nearside Front Lower Suspension arm rubber bush deteriorated but not resulting in excessive movement (2.4.G.2)
• Offside Front Lower Suspension arm rubber bush deteriorated but not resulting in excessive movement (2.4.G.2)
• engine oil leak

[Phaeton]

Re: Campervan dispute...

Oops senior moment missed a few posts, Sorry all, I'll get back in the rocking chair.

[IainJames]

Re: Campervan dispute...

Oops senior moment missed a few posts, Sorry all, I'll get back in the rocking chair.

haha no not at all. :-)

[IainJames]

Re: Campervan dispute...

and this is how petty and ridiculous Swale Auto Sales are.

I spoke with my insurance company and they said it would be better if the vehicle was at my address whilst the county court judgement goes through. I contacted Swale and said i would get the train up to pick the van up. Originally they agreed to meet me at the station however I now get this message from their Legal people

"As you are aware we have recently been instructed by the above named Client. We understand that you have recently been contacting our Client with regards to collecting the Vehicle.

We have sought instruction from our Client who has advised that the Vehicle will be returned to you with sufficient fuel to enable you to travel fuel station.

Further our Client has advised that they will not be delivering the Vehicle to you at the train station as you have requested. The Vehicle will be at our Clients premises for your arrival on the 23 December 2017.

Our Client has advised that there will be a document provided of which you will be required to sign acknowledging that you have collected the Vehicle."

[Phaeton]

Re: Campervan dispute...

Sort out a Private Hire car to meet you there, add the costs of train, Taxi & fuel to get the vehicle to the claim (if you can) Check over the document, that it only is a release that you've taken the vehicle, I suspect they will try to insert clauses that you're now 100% happy with the vehicle. Somebody who actually knows will reply, but I would have thought you don't have to sign anything, you're only picking up your own property.

[des8]

Re: Campervan dispute...

Just be very careful.
This vehicle appears to have a dodgy MOT and is probably unroadworthy.
This makes it illegal to drive on the road and invalidates your insurance, so if involved in an accident.........

As you have rejected the vehicle, and they are refusing to accept that, you should arrange for the vehicle to be collected on a trailer and add that cost to your claim.

No need to sign anything other than a plain receipt for the vehicle as post above.

[IainJames]

Re: Campervan dispute...

Happy New Year everyone and thanks so much for your help.

Unfortunately the legal team have stopped replying to my emails despite me asking to see the independent assessment that the dealer instructed their garage to perform. The last email from them was on the 23rd Dec. I said if I can see the report that shows the vehicle is currently roadworthy I will arrange for collection. It's almost like they are now stopping me from having access to the vehicle.

[Onestepatatime]

Re: Campervan dispute...

I wouldn't be surprised if they are currently repairing the vehicle to make it roadworthy as they will know the consequence of passing it with the history that you have on it.

[des8]

Re: Campervan dispute...

As you initiated a county court claim 12 December it is hardly surprising they have stopped talking to you.
The next stage, if they defend your claim, will be mediation.

[IainJames]

Not sure if anyone remembers this post, probably not but I took the dealership (Swale Auto Sales) to court and won the case. Very happy. Let's see if they pay up now.