Scottish Elises

OK, so an update... that's the finance company now involved (upon the advice of the legal support service provided by Irwin Mitchell I have access to). They (the finance company) have said that they have up to 8 weeks to look into the issue as per the ombudsman's rules. I need to get further advice on the next stage but I believe I do not need to wait and that I can simply progress with the letter before action, which will go to both parties, i.e. the finance company and the dealer as they are joint severally liable for any breach of contract, i.e. the CRA 2015. I'm unclear if I now need to provide the finance company a reasonable attempt to resolve the issue or if my attempts to resolve the issue with the dealer are taken into consideration, I believe its the latter but I need to check this. How quickly it moves may also depend on the contract that is established between the dealer and the finance company and how their liabilities are limited, this could be implied by an act (Probably the CCA) or a written contract included in the terms of the invoice / payment drawdown process and could potentially be very severe for the retailer, or not. I don't know and probably never will. The best outcome is that I hope the finance company have a robust contract with the dealer that clearly obligates the dealer as fully responsible for quality of goods should they remain trading. I'm not a legal expert, this is simply my interpretation of the advice I have been given and in line with other contractual issues I have had to work with in my job.

If it goes to letter before action then I can start to add on additional claims for loss of use of the car, any costs associated to me to prepare my case, storage costs etc etc, I'm sure you get the picture. Personally I'm not interested in this really and just require a refund to close the matter and mitigate any losses.

I've rejected a car before under the old SoGA many years ago so not my first rodeo, it seems it is now harder for the consumer after the first 30 days, but much easier than it was within the first 30 days. Which is basically no quibble, no right to repair and a full refund. So if you have a problem reject within 30 days, its also good to note that the clock stops ticking for you when the car is with the dealer to stop them delaying you into the post 30 day period. That's the top tip in this cluster bork. Closely followed by make sure you have personal legal cover on your home insurance.

rawsco wrote: ↑

Fri Nov 09, 2018 11:20 am

Plenty of asparagus and beetroot for Robin then!!!

Or just #bemoretut and take a leak on a nearside wheel.

Which dealer?


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Things are still moving along as I build my case, I've spoken to the finance company and explained my position, they have implied that should my evidence back up my claim then this should be fairly straightforward to close in my favour and we might not require to start throwing legal letters around. I just need to provide them with the evidence now. That said any refund can be subject to a deduction for usage. I may still use the legal angle to offset this deduction with compensation for loss of use of the car, independent vehicle inspection costs (I'll get to that in a bit) and other costs I have incurred in this debacle such as registration plate transfer, travel and storage costs and maybe even, gasp... emotional distress.

As hinted, I have had the vehicle inspected by the impartial and independent motor inspection organisation Dekra, they have confirmed the fault is still presenting in the vehicle, have replicated it and have provided a report detailing as much. The have also taken into consideration the severely damaged parts that were removed via the photos I have and what has actually been replaced (theres a gap here by the way, i.e. not all of them).

next step, pull together all the correspondence and send to the complaints team at the finance company, I can at my discretion also proceed down legal channels at this stage and in parallel.

Might the Dealer still be able at this stage, now they see how it's all going to pan out (ie them getting their car back that still needs fixed at their cost then having to re-sell that car with a bit of a history to it whilst you get a refund) and say "ok, our mistake, sorry, let's address all your issues... or has it gone beyond that point?

The dealer has disengaged at this point, they put their final stance on the matter to me and haven't been in touch since. I expect once the finance company review my evidence and start to apply pressure we may see some options pop out which I'll duly consider. Thing is I don't trust the dealer now, they have done a half job on the repair. The flywheel is a mess and is still in the car, I think it's either covered in high spots or warped, Dekra guy hinted that this may be the problem along with tolerance problems with the fork to thrust bearing. He isn't permitted to put any diagnosis into the report so that's just a verbal chat on what he felt personally the problem could be. All the stuff is away to the complaints team now and I'll have a further chat with Irwin Mitchell and see what they say.

Still ongoing, not much to report just now. Finance company have asked for a bit more time to look through the correspondence. I’m giving them till Friday then I’ll be sending the demand for refund within 14 days if not done then court action without further reference etc etc... finance company have been ok so far to be fair so decided it was in my interests to give them a fair chance.

rawsco wrote: ↑

Wed Nov 28, 2018 6:16 pm

Still ongoing, not much to report just now. Finance company have asked for a bit more time to look through the correspondence. I’m giving them till Friday then I’ll be sending the demand for refund within 14 days if not done then court action without further reference etc etc... finance company have been ok so far to be fair so decided it was in my interests to give them a fair chance.

Fingers crossed for you. What a PITA.

Stewart

I had this with an Audi years ago. 11 times it was in because of the auto box always sticking in 4th. Planned going down the same route but in the end I traded it in as there was a lot less protection for the consumer back then.
Good luck hope it all works out in your benefit as it is ridiculous it has come to this.

Worse than Brexit now Ross.

Update, for anyone still listening!!!

Finance co still faffing about in their complaints process, apparently dealer being difficult... they have referred to senior management to decide on an outcome. Ive also spoken to legal advice and there could be challenges getting the money back that was paid in deposit through the finance company... sooooo... In the mean time: Based on the revelation of the risk with the deposit and finance co potentially not assisting with that I've submitted my legal claim and turned over the correspondence and evidence. As it turns out I'd unknowingly already sent a letter before action by accident on the 7th Nov (must have been drunk and angry one night, or the correspondence I sent fulfilled the obligation I'll let you decide which it was) so I don't need to wait another 14 days. This claim will be assessed for likelihood of success and progressed if chances look good (which I think they do as I'm pretty sure I've done everything by the book, legal advisor thinks it'll be fine and pass). So all things being ticketyboo I hopefully will have my own pet pitbull lawer on a leash ready to set free in a week or two.

I'm still listening. But with increasing disdain with every update

Coulda been worse. Yodel claim

I keep checking in to see how things are progressing. I'm still amazed a main dealer risks its reputation rather than keep customers happy in a fairly small well informed and lucrative market.

j2 lot wrote: ↑

Sat Dec 08, 2018 11:26 pm

I'm still amazed a main dealer risks its reputation rather than keep customers happy in a fairly small well informed and lucrative market.

its a terrible example of customer service to date. Not impressed at all.

j2 lot wrote: ↑

Sat Dec 08, 2018 11:26 pm

I keep checking in to see how things are progressing. I'm still amazed a main dealer risks its reputation rather than keep customers happy in a fairly small well informed and lucrative market.

This. I think I know what dealer is and I would never buy from them as a result.

Good luck Ross.

Stewart