Need Urgent Advice and Help

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jay140285 said:
Latest response, not as positive as we had hoped for:

Thank you for your E Mail of 09 December 2010.

Do you have the repairs estimate from G S Autos? If, not when will the estimate be available?

I note the allegations made in respect of the MOT. However, my client purchased the Range Rover and relied, as he was entitled to do, on the vehicle being presented with a clear and valid MOT. (never made any allegations to him about the mot, just stated that the issues were present)

My client is prepared to arrange to have the Range Rover inspected by a mechanic of his own choice. The person in question is an expert mechanic specialising in Range Rovers and is employed by a main dealer. I am happy to provide his name and qualifications if you so wish.

My client has a professional relationship with that mechanic. Any suggestion by you to the contrary is incorrect. ( I will be follwoing the vehicle to any further inspection it has and be present when it is looked at)

Your reference to court proceedings is noted. However my client has offered to have the vehicle transported at his own expense to a mechanic of his own choice. ( would the court say I was been un reasonable not letting him have it inspected)

My client has also enquired as to the cost of repairing the vehicle.

I believe that court proceedings are not appropriate but you must of course make your own decision and be guided by your own legal advice.

My client will however refer to this exchange of E Mails if you issue court proceedings prior to my client being given an opportunity to examine the vehicle and consider the repairs estimate from G S Autos.

My client continues to deny liability and my E Mails must be read on that basis.
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My suggestion is another call to consumer direct
They are ****ting you about, the **** of the solicitor will mess you around and try to wear you down.
Tell them they need to have it collected as undriveable (they are ****ing you around-make them do donkey work) and you will be accompanying it at all times-take photo's or video prior to them going near it

My suggestion is another call to consumer direct, see what they say and possibly a recorded delivery letter stating you are now proceeding to take it to court as they have had ample time to take action to resolve it.

If you go down inspection route ask for an inspection by a qualified mechanic at a VAT registered company and if they are giving a written report ask for copy of their professional indemnity insurance.
(guarantee's you can have facts only and if they don't you have another point to go for at later date)
 
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Sean said:
do you want to keep the vehicle ?

yes/no ?
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Good question, what was the list of repairs?
Depending on the list of repairs, can the car be brought upto an acceptable standard or will it be devalued by chassis straightening and repair.

Personally I'd want shot of it
 
jay140285 said:
Just recieved the cost from my garage to get the car straight £2466.63 @ 17.5% vat.
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For sure that will not be the final price. When they get into it there be all sorts of issues surface causing additional costs.
Stop the faffing about. The vehicle is clearly not of merchantable quality as indicated by the cost of repair, he has to refund you.
 
I know everyone keeps saying he has to refund, which is great If he does.

I am going to progress via court, but my question is - If he has offered to have the vehicle repaired / returned to an acceptable conition and I refuse, wont this look bad on me in court as I can been seen as been un reasonable??

Fanatic, I will make another call for more advise and get the professional indemnity insurance before it goes anywhere, also I intend to accompany the vehicle.
 
jay140285 said:
I know everyone keeps saying he has to refund, which is great If he does.

I am going to progress via court, but my question is - If he has offered to have the vehicle repaired / returned to an acceptable conition and I refuse, wont this look bad on me in court as I can been seen as been un reasonable??

.
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Regretably as inspections and quotes have been allowed, it is possible the court will think it is unreasonable not to have it repaired. What you actually want is the engineer to say it is beyond economic repair.
On the other hand, courts do not take kindly to lying traders, you have plenty of evidence that he has not been exactly honest.
The longer it goes on and the more options you let him have the less your chances of success. However if it came to having it repaired, require him to show his confidence in the repair by providing a 12 or 6 month warranty.
I might be able to much you in touch with a specialist expert witness who has experience in this sort of thing.
 
Datatek said:
Regretably as inspections and quotes have been allowed, it is possible the court will think it is unreasonable not to have it repaired. What you actually want is the engineer to say it is beyond economic repair.
On the other hand, courts do not take kindly to lying traders, you have plenty of evidence that he has not been exactly honest.
The longer it goes on and the more options you let him have the less your chances of success. However if it came to having it repaired, require him to show his confidence in the repair by providing a 12 or 6 month warranty.
I might be able to much you in touch with a specialist expert witness who has experience in this sort of thing.
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You've bin Drinkin again Data .... Think you mean PUT!!! Don't yer ???
 
I get the impression that this "expert" Dealer employed mechanic just works for a Landrover dealer and is not inspecting it on behalf of the dealer.
So as offered I would ask for the mechanics details and also tell the solicitor that you want the Dealers name so you can phone the service manager to confirm his mechanics experience/qualifications.

Believe me IF he is employed by a main dealer and the service manager finds out that he is carrying out "inspections" based on the fact that he's employed by a franchised dealer this would go down like a **** sandwich!

And I could be wrong but unless his "evidence" is not on behalf of a franchised dealer or a VAT registered business it won't be worth the oil stained paper it's written on.
As a qualified City and Guilds technician and a registered ATA Master Technician I'd be interested to see his qualifications!!!!

Nearly forgot, I worked for Landrover for 3 years so let me know the dealer details and I'd gladly check them out!
 
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stchris356 said:
I get the impression that this "expert" Dealer employed mechanic just works for a Landrover dealer and is not inspecting it on behalf of the dealer.
So as offered I would ask for the mechanics details and also tell the solicitor that you want the Dealers name so you can phone the service manager to confirm his mechanics experience/qualifications.

Believe me IF he is employed by a main dealer and the service manager finds out that he is carrying out "inspections" based on the fact that he's employed by a franchised dealer this would go down like a **** sandwich!

And I could be wrong but unless his "evidence" is not on behalf of a franchised dealer or a VAT registered business it won't be worth the oil stained paper it's written on.
As a qualified City and Guilds technician and a registered ATA Master Technician I'd be interested to see his qualifications!!!!

Nearly forgot, I worked for Landrover for 3 years so let me know the dealer details and I'd gladly check them out!
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If this week he wants to collect the vehicle and go down that route, then I will ensure it is at the main dealer, and not as a side job etc..

I have another dilema, Yes I agree that he should refund. But if the vehicle is put back to a road worthy condition and ALL the faults fixed then I will have a rangie that is in good condition with loads of work carried out and I will know that there isnt any unforseen gremlins around the corner.

But:

I am using a (sorry about this) a Jeep Grand Cherokee 4.7V8 at the moment and its awesome. SO the dilema is, if the range was repaired and there for me to use do I use the rangie or the jeep!!!!
 
Jay with the condition that heap of ****e underneath, repairing it is like varnishing a turd. Get rid of it and don't need telling again. The car was dangerous when it was MOTd. Was dangerous when HE bought it. Was dangerous when YOU bought it. I am absolutely amazed that VOSA, if they have seen the photos, have not made a lot more of this. You do not need any sort of engineering degree to see that the car is unroadworthy and has been for a considerable time. If this seller has had work done on it as he claims he MUST have known it's condition. His lawyer says valid MOT, anyone can see the MOT carried out on this vehicle three months ago CANNOT be valid it has to have been it that condition at the time of test. VOSA are derilicting their duty if all they are doing is monitoring the test station. Tell them this get them to inspect it. Nay, demand that they inspect it.
 
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Jay the person giving an official opinion should have professional indemnity insurance.

Ask consumer direct their opinion on right to reject vehicle as misrepresented and not of satisfactory quality.
Ask as not of merchantable quality the contract is void?
Tread carefully as the solicitor is looking to put you in as unreasonable party if it goes to court-if repaired from dealers previous behaviour he will tuck you up.
 
years ago i bought a rover SD1, lovely car full mot service history etc etc, had it 2 weeks decided to waxoil the underneath, thats when i found out the sills was made of paper mache, went back to dealer who wasnt interested, went to trading standards who called him, offered to repair car, took it to local garage and coulnt find enuff metal to weld to !!!. went back to trading standards who took the car back to the dealer and returned an hour later with my money...

moral is they are there use em
 
jay140285 said:
If this week he wants to collect the vehicle and go down that route, then I will ensure it is at the main dealer, and not as a side job etc..

I have another dilema, Yes I agree that he should refund. But if the vehicle is put back to a road worthy condition and ALL the faults fixed then I will have a rangie that is in good condition with loads of work carried out and I will know that there isnt any unforseen gremlins around the corner.

But:

I am using a (sorry about this) a Jeep Grand Cherokee 4.7V8 at the moment and its awesome. SO the dilema is, if the range was repaired and there for me to use do I use the rangie or the jeep!!!!
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If his LR mechanic is going to do the inspection as a side job, try and find out where he works. Let him do the inspection on the side and get everything in writing and signed by him. Book it in for another inspection where he works. Make you sure you stipulate that you don't want Mr So&SO looking at it. Watch his face as it rolls into the workshop and if the reports differ hugely get hold of his manager, explain everything then show him the report that got done by one of his employees on the side and watch the **** hit the fan.
 
The_Big_P said:
If his LR mechanic is going to do the inspection as a side job, try and find out where he works. Let him do the inspection on the side and get everything in writing and signed by him. Book it in for another inspection where he works. Make you sure you stipulate that you don't want Mr So&SO looking at it. Watch his face as it rolls into the workshop and if the reports differ hugely get hold of his manager, explain everything then show him the report that got done by one of his employees on the side and watch the **** hit the fan.
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That mite give him a nice warm feeling, but wont help resolve the OP's problem with the other garage.
 
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