Taking garage/dealer to court...need some advice

A

adam04

Member
 Manchester
I posted a little while ago about a few issues that i have had after buying my zed.

Basically, I purchased it at the end of Feb and so far

1) The handbrake (well brakes) needing adjusting as it would not hold the car. He agreed to reimburse me the cost of this, (which was £30), however, i have yet to receive the money for this.
2) The windscreen wiper linkage broke and when i looked at it it had been cable tied together. He refuses to repair this.
3) The service book has yet to turn up despite the car being advertised as having a FSH.

After phone calls and letters, i have still not received any response and yet to even receive the £30 he said he would reimburse me. so it looks like it will ultimately go down the small claims court route. For this i need to work out what I am taking him to court for, this is where i need some help.

Firstly, what would you value FSH at? Both dealer FSH and non-dealer FSH? The car is a 2005 2.0l.

Also, I have a few other issues with the car that i'm now debating adding to the claim. However, im not sure if they are classed as wear and tear or if the dealer is responsible.

1) The last MOT had an advisory note for the front suspension. I don't think this has been rectified. Can this be added?
2) The engine light periodically comes on and then flicks off due to the lambda sensor on its way out. This first started the day after i picked the car up. Can this replacement of this be added?

Thanks in advance!
 
i had a friend who bought a speed boat, loads of problems and he ended up going to court, although he won he said he would never do it again, the effort he put into it just wasn't worth it, not sure if he ever actually got the money, i will have to ask him next time i see him
 
It costs £20 to file an online claim, usually that should be enough to get the other parties attention (and payments ...).

Worth a shot, well, it would be for me.
 
pvr said:
It costs £20 to file an online claim, usually that should be enough to get the other parties attention (and payments ...).

Worth a shot, well, it would be for me.
Click to expand...

+1 :)
 
I wouldn't worry about putting a value on it yet. First thing you need to do is put together a list of everything that you want sorting, in a letter, and give them a few weeks to fix the issues / come up with the information. Put a date in the letter by which you want the car booked in for the work to be done (2 weeks time), and state that the work is to then be completed by a second date. Send this recorded delivery. I'd state on the letter that if the work is not completed in this time you will be issuing proceedings to reclaim the cost for a third party to complete the work and also compensation for the missing service history.

It is obvious, but for the letter, express your disappointment with the car and their service against your expectation, but don't get emotional and stick to the facts. Then get someone you trust to make sure there are no silly mistakes.

Really you need to be looking at the original issues, IMO. The lambda light for instance, why didn't you report this immediately? Rhetorical, but if you look like you're trying to inflate the claim it could harm you. WIth regard to the suspension, was this discussed before purchase? If it was it can be added, but I'd be inclined to confirm what was meant to be done and get it checked.

Use the two weeks to get quotes for the work and put a value on the service history - speak to 2/3 dealers and get an average price.

I am sure more useful advice will follow :wink:

Good luck and keep us posted.


ADD: The reason for the letter and dates, you need to show, when you submit the claim, that you have given reasonable opportunity for the garage to rectify the situation. I know you have spoken to them already but it sounds like you haven't given them a definite list - your question as to whether you can add certain things.
 
I have so far sent him one recorded delivery stating my issues and giving him 2 weeks to respond. I have received no response at all and sent a further recorded letter giving him a further 10 days. I have not received any response to this and the third will go in the post tomorrow.

I have been liaising with consumer advice who last advised me to start to weigh up costs regarding this. I will speak to them tomorrow regarding the online claim.

Thanks.
 
pvr, sorry, I shouldn't have discounted Taz's contribution :P

adam04, not sure if you need a third letter? Check the online guidelines, I'm sure you just need to do it once. They obviously aren't bothered, have at them. Given what you've done I'd be getting quotes. I would limit the claim to what you have included in your letters or you will come unstuck if they have the wherewithal to challenge it.

Once you submit the form online the court will send a copy of the form to the garage. They will have so long to respond, chances are they won't bother. After which they will be told by the court what they have to pay and by when. Expect a cheque on the last day!
 
Consumer advice told me that three is what they advice as it shows you have done your best. However, your second and third only need to give a week or so to respond.

I will ring BMW tomorrow and have a chat with them.

I do love the car and to be honest, wouldn't swap it even if they offered, just a bit annoying the problems in the first few months!

Thanks for the advice all.
 
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