Car missing with garage
19 August 2013, 07:15 PM
#31
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Yes Evans Halshaw and Pendragon.
They can't (legally) be the same company, though I understand where you're coming from.
EH is a separate legal entity which has entered into a contract (the warranty) with its parent whereby if a claim is made under warranty then PD is legally obliged to carry out its part of the bargain ie repair the car.
The op/buyer isn't party to that contract/warranty so can't go after Pendragon.
However, the op has a contract with EH, because they sold him the car, and so it's them that have to be pushed.
My caution is that the op might be fobbed off because others might end up taking the blame - the specialist, warranty company etc. and I'm pointing out that no matter whose fault it is EH are the ones liable to the op, so I'm advising not to allow EH too much leeway when they start umming and aahing.
Unfortunately when things get legalistic one mistake can be all that's needed for them to wriggle out.
Btw I don't have a legal background, so as I always say check with a legal eagle first before committing.
However, if you get on top of it straight away ie. letters are sent at the right time, in the right manner and replies carefully noted etc. then if and when it gets as far as a solicitor it should cost far less in time and money because things should be quite clear.
They can't (legally) be the same company, though I understand where you're coming from.
EH is a separate legal entity which has entered into a contract (the warranty) with its parent whereby if a claim is made under warranty then PD is legally obliged to carry out its part of the bargain ie repair the car.
The op/buyer isn't party to that contract/warranty so can't go after Pendragon.
However, the op has a contract with EH, because they sold him the car, and so it's them that have to be pushed.
My caution is that the op might be fobbed off because others might end up taking the blame - the specialist, warranty company etc. and I'm pointing out that no matter whose fault it is EH are the ones liable to the op, so I'm advising not to allow EH too much leeway when they start umming and aahing.
Unfortunately when things get legalistic one mistake can be all that's needed for them to wriggle out.
Btw I don't have a legal background, so as I always say check with a legal eagle first before committing.
However, if you get on top of it straight away ie. letters are sent at the right time, in the right manner and replies carefully noted etc. then if and when it gets as far as a solicitor it should cost far less in time and money because things should be quite clear.
The OP said
"It's a 3rd party warranty with Evans Halshaw (Pen Dragon)."
I agree that might mean that it's with Pendragon or it's with Evans Halshaw (if they are a separate entity to their parent company) or it might mean it's with a thrid party.
19 August 2013, 07:30 PM
#32
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That's where I'm confused. Where is it categorically stated the warranty is with Pendragon?
The OP said
"It's a 3rd party warranty with Evans Halshaw (Pen Dragon)."
I agree that might mean that it's with Pendragon or it's with Evans Halshaw (if they are a separate entity to their parent company) or it might mean it's with a thrid party.
The OP said
"It's a 3rd party warranty with Evans Halshaw (Pen Dragon)."
I agree that might mean that it's with Pendragon or it's with Evans Halshaw (if they are a separate entity to their parent company) or it might mean it's with a thrid party.
I took it that it's a 3rd party warranty that Evans H took out with 'Pen Dragon'.
I think that perhaps there's an easier way to express this, and it stands for any similar situation:
* The Invoice issuer ie. whoever's name is on the 'top' of the invoice has a contract with the buyer (invoicee).
* That issuer has a contract with whoever's business heading is on the warranty document, regardless of the name on it. It protects the seller's goods, and hence the seller, against a claim for faulty goods (subject to t&c's of course) arising out of the contract above.
* Whoever does the work under the warranty has a contract with the warranty company, in exactly the same way as if the man-in-the-street went in to a garage and asked for work to be done.
A friend of my had this once with a well-known computer retailer.
PC went after 6 weeks and they tried to fob him off to the warranty provider because it was 'more than 30 days ago' since he bought it.
A bit easier this. He just called them and said that the contract was between him and them and it was their responsibility to sort it.
That was enough. I think they thought he was a solicitor.
(Quite funny actually, them on speakerphone and me scribbling down what he should say next..
).
19 August 2013, 07:54 PM
#33
Sorry, but the op can't really do that. He doesn't know the story.
He has to push EH.
It's up to them if they blame the garage or whatever.
I'm afraid that he can only deal with EH.
If he doesn't then imo he runs the risk of taking it out of their hands. They could say "but you decided to take the matter over, so our liability's ended at that point".
A quiet word with the specialist on the qt might help. (They might even already be aware of this thread).
He has to push EH.
It's up to them if they blame the garage or whatever.
I'm afraid that he can only deal with EH.
If he doesn't then imo he runs the risk of taking it out of their hands. They could say "but you decided to take the matter over, so our liability's ended at that point".
A quiet word with the specialist on the qt might help. (They might even already be aware of this thread).
I do hope that eventually, whatever the outcome, that we get to know who this motely crew are.
JohnD
19 August 2013, 08:18 PM
#34
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Ah !
I took it that it's a 3rd party warranty that Evans H took out with 'Pen Dragon'.
I think that perhaps there's an easier way to express this, and it stands for any similar situation:
* The Invoice issuer ie. whoever's name is on the 'top' of the invoice has a contract with the buyer (invoicee).
* That issuer has a contract with whoever's business heading is on the warranty document, regardless of the name on it. It protects the seller's goods, and hence the seller, against a claim for faulty goods (subject to t&c's of course) arising out of the contract above.
* Whoever does the work under the warranty has a contract with the warranty company, in exactly the same way as if the man-in-the-street went in to a garage and asked for work to be done.
A friend of my had this once with a well-known computer retailer.
PC went after 6 weeks and they tried to fob him off to the warranty provider because it was 'more than 30 days ago' since he bought it.
A bit easier this. He just called them and said that the contract was between him and them and it was their responsibility to sort it.
That was enough. I think they thought he was a solicitor.
(Quite funny actually, them on speakerphone and me scribbling down what he should say next..).
I took it that it's a 3rd party warranty that Evans H took out with 'Pen Dragon'.
I think that perhaps there's an easier way to express this, and it stands for any similar situation:
* The Invoice issuer ie. whoever's name is on the 'top' of the invoice has a contract with the buyer (invoicee).
* That issuer has a contract with whoever's business heading is on the warranty document, regardless of the name on it. It protects the seller's goods, and hence the seller, against a claim for faulty goods (subject to t&c's of course) arising out of the contract above.
* Whoever does the work under the warranty has a contract with the warranty company, in exactly the same way as if the man-in-the-street went in to a garage and asked for work to be done.
A friend of my had this once with a well-known computer retailer.
PC went after 6 weeks and they tried to fob him off to the warranty provider because it was 'more than 30 days ago' since he bought it.
A bit easier this. He just called them and said that the contract was between him and them and it was their responsibility to sort it.
That was enough. I think they thought he was a solicitor.
(Quite funny actually, them on speakerphone and me scribbling down what he should say next..
).You are probably right in your assumption... it's just the OP hasn't been 100% clear (no offence meant to him as it's an emotional subject and I am sure I wouldn't have been even this lucid about it)
19 August 2013, 09:16 PM
#35
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The car is with the specialist/garage
EH haven't called me about the car for coming up to 7 months
Thanks for the advice so far.
I have the entire email trail from it passed on to the specialist to current date including all conversations between garage and EH/Pen Dragon
I'm thinking keeping hold of these will help from a legal standpoint
EH haven't called me about the car for coming up to 7 months
Thanks for the advice so far.
I have the entire email trail from it passed on to the specialist to current date including all conversations between garage and EH/Pen Dragon
I'm thinking keeping hold of these will help from a legal standpoint
19 August 2013, 09:46 PM
#37
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Reading your replies I don't think I've been very clear so will try and put a timeline on it who what where kind of thing
July 2012 bought the car from Evans Halshaw. Was sold a 2 year warranty which was with Pen Dragon
Jan 2013 - Problem 1 - engine light on, timing in engine out possible cause rough down shift however was on the motorway at the time so looking unlikely. Specialist local to where the light came on checks it out, replaces timing belt under warranty - mileage on car around 40,000, 6000 of which by me.
Feb 18th 2013 - Problem 2 - within 10 miles light back on horrible noises, and piston 4 jammed and pop goes the engine. Called up Evans Halshaw who said, take the car to them, having paid half towards the fix of problem 1 they would take car of it.
Feb 27th 2013 They confirm it's faulty but aren't sure what it is, so they take it to the specialist themselves. Specialist asks for my authorization to take engine out to fine problem (diagnostics not covered by warranty). Within the week we are in March and we know it's a failed piston. Possible cause no oil at so,e point in its past causing damage. However reading about the 2.5l engine troubles could easily have burnt off the oil when broken
March 4th (ish) 2013 warranty company on dragon have everything, garage chases and chases until start of April. The Garage is very helpful in getting detailed info over, jumping through the hoops but is being ignored. EH say I can have a courtesy car but when I call up to say I'm on my way they have given it to someone else
Mid April 2013 - I call warranty company who deny any contact with garage. I tell them I've been on the emails and suddenly they find the pics, but some guy is off sick so can't put claim through...
May 2013 - garage calls PD again getting frustrated with the warranty people, they tell them my car has no warranty. I call them up asking why and some kid says it has warranty but the reg number was misquoted and although he knows about the claim wouldn't help garage until he spoke to me.
Mid May - Today car being repaired, a little longer than the 10 days I was told.
Costs so far 3599.50 (only for time car with garage not before)
Road Tax 262.5
Payments for car itself - 2240
Insurance 497
Car Hire (need to get to work sometimes) - approx 600
Not including having to use Taxi's and trains to get to work. Now need to tax car again at 262.5 and pay for MOT etc
Hope this helps clear up my poor effort earlier...
July 2012 bought the car from Evans Halshaw. Was sold a 2 year warranty which was with Pen Dragon
Jan 2013 - Problem 1 - engine light on, timing in engine out possible cause rough down shift however was on the motorway at the time so looking unlikely. Specialist local to where the light came on checks it out, replaces timing belt under warranty - mileage on car around 40,000, 6000 of which by me.
Feb 18th 2013 - Problem 2 - within 10 miles light back on horrible noises, and piston 4 jammed and pop goes the engine. Called up Evans Halshaw who said, take the car to them, having paid half towards the fix of problem 1 they would take car of it.
Feb 27th 2013 They confirm it's faulty but aren't sure what it is, so they take it to the specialist themselves. Specialist asks for my authorization to take engine out to fine problem (diagnostics not covered by warranty). Within the week we are in March and we know it's a failed piston. Possible cause no oil at so,e point in its past causing damage. However reading about the 2.5l engine troubles could easily have burnt off the oil when broken
March 4th (ish) 2013 warranty company on dragon have everything, garage chases and chases until start of April. The Garage is very helpful in getting detailed info over, jumping through the hoops but is being ignored. EH say I can have a courtesy car but when I call up to say I'm on my way they have given it to someone else
Mid April 2013 - I call warranty company who deny any contact with garage. I tell them I've been on the emails and suddenly they find the pics, but some guy is off sick so can't put claim through...
May 2013 - garage calls PD again getting frustrated with the warranty people, they tell them my car has no warranty. I call them up asking why and some kid says it has warranty but the reg number was misquoted and although he knows about the claim wouldn't help garage until he spoke to me.
Mid May - Today car being repaired, a little longer than the 10 days I was told.
Costs so far 3599.50 (only for time car with garage not before)
Road Tax 262.5
Payments for car itself - 2240
Insurance 497
Car Hire (need to get to work sometimes) - approx 600
Not including having to use Taxi's and trains to get to work. Now need to tax car again at 262.5 and pay for MOT etc
Hope this helps clear up my poor effort earlier...
19 August 2013, 09:49 PM
#38
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Reading your replies I don't think I've been very clear so will try and put a timeline on it who what where kind of thing
July 2012 bought the car from Evans Halshaw. Was sold a 2 year warranty which was with Pen Dragon
Jan 2013 - Problem 1 - engine light on, timing in engine out possible cause rough down shift however was on the motorway at the time so looking unlikely. Specialist local to where the light came on checks it out, replaces timing belt under warranty - mileage on car around 40,000, 6000 of which by me.
Feb 18th 2013 - Problem 2 - within 10 miles light back on horrible noises, and piston 4 jammed and pop goes the engine. Called up Evans Halshaw who said, take the car to them, having paid half towards the fix of problem 1 they would take car of it.
Feb 27th 2013 They confirm it's faulty but aren't sure what it is, so they take it to the specialist themselves. Specialist asks for my authorization to take engine out to fine problem (diagnostics not covered by warranty). Within the week we are in March and we know it's a failed piston. Possible cause no oil at so,e point in its past causing damage. However reading about the 2.5l engine troubles could easily have burnt off the oil when broken
March 4th (ish) 2013 warranty company on dragon have everything, garage chases and chases until start of April. The Garage is very helpful in getting detailed info over, jumping through the hoops but is being ignored. EH say I can have a courtesy car but when I call up to say I'm on my way they have given it to someone else
Mid April 2013 - I call warranty company who deny any contact with garage. I tell them I've been on the emails and suddenly they find the pics, but some guy is off sick so can't put claim through...
May 2013 - garage calls PD again getting frustrated with the warranty people, they tell them my car has no warranty. I call them up asking why and some kid says it has warranty but the reg number was misquoted and although he knows about the claim wouldn't help garage until he spoke to me.
Mid May - Today car being repaired, a little longer than the 10 days I was told.
Costs so far 3599.50 (only for time car with garage not before)
Road Tax 262.5
Payments for car itself - 2240
Insurance 497
Car Hire (need to get to work sometimes) - approx 600
Not including having to use Taxi's and trains to get to work. Now need to tax car again at 262.5 and pay for MOT etc
Hope this helps clear up my poor effort earlier...
July 2012 bought the car from Evans Halshaw. Was sold a 2 year warranty which was with Pen Dragon
Jan 2013 - Problem 1 - engine light on, timing in engine out possible cause rough down shift however was on the motorway at the time so looking unlikely. Specialist local to where the light came on checks it out, replaces timing belt under warranty - mileage on car around 40,000, 6000 of which by me.
Feb 18th 2013 - Problem 2 - within 10 miles light back on horrible noises, and piston 4 jammed and pop goes the engine. Called up Evans Halshaw who said, take the car to them, having paid half towards the fix of problem 1 they would take car of it.
Feb 27th 2013 They confirm it's faulty but aren't sure what it is, so they take it to the specialist themselves. Specialist asks for my authorization to take engine out to fine problem (diagnostics not covered by warranty). Within the week we are in March and we know it's a failed piston. Possible cause no oil at so,e point in its past causing damage. However reading about the 2.5l engine troubles could easily have burnt off the oil when broken
March 4th (ish) 2013 warranty company on dragon have everything, garage chases and chases until start of April. The Garage is very helpful in getting detailed info over, jumping through the hoops but is being ignored. EH say I can have a courtesy car but when I call up to say I'm on my way they have given it to someone else
Mid April 2013 - I call warranty company who deny any contact with garage. I tell them I've been on the emails and suddenly they find the pics, but some guy is off sick so can't put claim through...
May 2013 - garage calls PD again getting frustrated with the warranty people, they tell them my car has no warranty. I call them up asking why and some kid says it has warranty but the reg number was misquoted and although he knows about the claim wouldn't help garage until he spoke to me.
Mid May - Today car being repaired, a little longer than the 10 days I was told.
Costs so far 3599.50 (only for time car with garage not before)
Road Tax 262.5
Payments for car itself - 2240
Insurance 497
Car Hire (need to get to work sometimes) - approx 600
Not including having to use Taxi's and trains to get to work. Now need to tax car again at 262.5 and pay for MOT etc
Hope this helps clear up my poor effort earlier...
19 August 2013, 10:16 PM
#39
6 months 
how have you kept calm with them for this long????
I would be stood outside their garage (on public property) with a sandwich board on, stating the fact's about how you have been treated. Inform the manager that you will be stood outside every day until your car is returned
how have you kept calm with them for this long????
I would be stood outside their garage (on public property) with a sandwich board on, stating the fact's about how you have been treated. Inform the manager that you will be stood outside every day until your car is returned
19 August 2013, 10:23 PM
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6 months
how have you kept calm with them for this long????
I would be stood outside their garage (on public property) with a sandwich board on, stating the fact's about how you have been treated. Inform the manager that you will be stood outside every day until your car is returned
how have you kept calm with them for this long????
I would be stood outside their garage (on public property) with a sandwich board on, stating the fact's about how you have been treated. Inform the manager that you will be stood outside every day until your car is returned
19 August 2013, 10:34 PM
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6 months
how have you kept calm with them for this long????
I would be stood outside their garage (on public property) with a sandwich board on, stating the fact's about how you have been treated. Inform the manager that you will be stood outside every day until your car is returned
how have you kept calm with them for this long????
I would be stood outside their garage (on public property) with a sandwich board on, stating the fact's about how you have been treated. Inform the manager that you will be stood outside every day until your car is returned
went in eh around manchester looking for a fezza after the bad feedback if you search you will find it id never buy from them to the op get the car back and get in touch with a reutable dealer northwest specialist
20 August 2013, 01:15 AM
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Planning issues were a major concern I gather (living away at the time and relying on 'The Gazette').
Buster's sussed I'm from Aber, so is '53' a Valleys Boy or eco-warrior?????
20 August 2013, 01:39 AM
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Sorry I have read things just briefly but as your the owner of the car it is the duty of both these companies to inform you with everything thats happening with the car and you have rights to complain to either one.It makes no difference who sent the car in, they should be looking after you and ringing you up.They should have a headoffice which deals with customers complaints very seriously , give them a ring
20 August 2013, 01:45 AM
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Reading your replies I don't think I've been very clear so will try and put a timeline on it who what where kind of thing
Don't start the 'poor effort' lark.
You've come on here for advice, you can't get the best advice until we know the exact details, we've got them out of you, so why do YOU think you haven't dun good?
Anyway, fwiw imo:
July 2012 bought the car from Evans Halshaw. Was sold a 2 year warranty which was with Pen Dragon
Immaterial about Pen Dragon (as already said) - you have a 2-yr warranty which EH has to honour.
Jan 2013 - Problem 1 - engine light on, timing in engine out possible cause rough down shift however was on the motorway at the time so looking unlikely. Specialist local to where the light came on checks it out, replaces timing belt under warranty - mileage on car around 40,000, 6000 of which by me.
An admission (in the light of current issues) that the warranty is in place.
Feb 18th 2013 - Problem 2 - within 10 miles light back on horrible noises, and piston 4 jammed and pop goes the engine. Called up Evans Halshaw who said, take the car to them, having paid half towards the fix of problem 1 they would take car of it.
Why half (as already said by Midlife) ?
This is before the manufacturer's specified interval for cambelt replacement and is therefore an unexpected event, just like the engine going.
In my view this would imply that the engine isn't up to the task for whatever reason.
Feb 27th 2013 They confirm it's faulty but aren't sure what it is, so they take it to the specialist themselves. Specialist asks for my authorization to take engine out to fine problem (diagnostics not covered by warranty). Within the week we are in March and we know it's a failed piston. Possible cause no oil at so,e point in its past causing damage. However reading about the 2.5l engine troubles could easily have burnt off the oil when broken
They've taken it to the specialist, so they have acknowledged that it is their responsibility (credit to them).
March 4th (ish) 2013 warranty company on dragon have everything, garage chases and chases until start of April. The Garage is very helpful in getting detailed info over, jumping through the hoops but is being ignored. EH say I can have a courtesy car but when I call up to say I'm on my way they have given it to someone else
EH have neglected to mitigate your loss ie. provide alternative transport.
That adds to your losses and compensation claim.
Mid April 2013 - I call warranty company who deny any contact with garage. I tell them I've been on the emails and suddenly they find the pics, but some guy is off sick so can't put claim through...
You should not be contacting the warranty company (tho' I understand why). You should badger EH.
May 2013 - garage calls PD again getting frustrated with the warranty people, they tell them my car has no warranty. I call them up asking why and some kid says it has warranty but the reg number was misquoted and although he knows about the claim wouldn't help garage until he spoke to me.
As above.
Mid May - Today car being repaired, a little longer than the 10 days I was told.
Acknowledgement that the work is covered by the warranty provisions.
ie. all parties conform to their responsibilities under the provisions of it.
Costs so far 3599.50 (only for time car with garage not before)
Road Tax 262.5 - is that a proportion? If so it's a fair and reasonable claim.
Payments for car itself - 2240 - you can't claim for that. You are paying for the car itself, not the use of it (see below).
Insurance 497 - is that a proportion? If so it's a fair and reasonable claim (although it could be argued that NCD is an enhancement, so possibly not fully reimbursed).
Car Hire (need to get to work sometimes) - approx 600 - good one. Although alternative methods of transport (public transport) could be used this is still the right idea.
I once spent almost 2 years commuting on a train because the other party's insurance company got cute.
I paid £600 for a Cavalier and got £1,800 pounds worth of rail fares back off them.
Not including having to use Taxi's and trains to get to work. Now need to tax car again at 262.5 and pay for MOT etc - Again, the MoT would be payable whatever, you can't claim for that.
Hope this helps clear up my poor effort earlier...
Don't start the 'poor effort' lark.
You've come on here for advice, you can't get the best advice until we know the exact details, we've got them out of you, so why do YOU think you haven't dun good?
Anyway, fwiw imo:
July 2012 bought the car from Evans Halshaw. Was sold a 2 year warranty which was with Pen Dragon
Immaterial about Pen Dragon (as already said) - you have a 2-yr warranty which EH has to honour.
Jan 2013 - Problem 1 - engine light on, timing in engine out possible cause rough down shift however was on the motorway at the time so looking unlikely. Specialist local to where the light came on checks it out, replaces timing belt under warranty - mileage on car around 40,000, 6000 of which by me.
An admission (in the light of current issues) that the warranty is in place.
Feb 18th 2013 - Problem 2 - within 10 miles light back on horrible noises, and piston 4 jammed and pop goes the engine. Called up Evans Halshaw who said, take the car to them, having paid half towards the fix of problem 1 they would take car of it.
Why half (as already said by Midlife) ?
This is before the manufacturer's specified interval for cambelt replacement and is therefore an unexpected event, just like the engine going.
In my view this would imply that the engine isn't up to the task for whatever reason.
Feb 27th 2013 They confirm it's faulty but aren't sure what it is, so they take it to the specialist themselves. Specialist asks for my authorization to take engine out to fine problem (diagnostics not covered by warranty). Within the week we are in March and we know it's a failed piston. Possible cause no oil at so,e point in its past causing damage. However reading about the 2.5l engine troubles could easily have burnt off the oil when broken
They've taken it to the specialist, so they have acknowledged that it is their responsibility (credit to them).
March 4th (ish) 2013 warranty company on dragon have everything, garage chases and chases until start of April. The Garage is very helpful in getting detailed info over, jumping through the hoops but is being ignored. EH say I can have a courtesy car but when I call up to say I'm on my way they have given it to someone else
EH have neglected to mitigate your loss ie. provide alternative transport.
That adds to your losses and compensation claim.
Mid April 2013 - I call warranty company who deny any contact with garage. I tell them I've been on the emails and suddenly they find the pics, but some guy is off sick so can't put claim through...
You should not be contacting the warranty company (tho' I understand why). You should badger EH.
May 2013 - garage calls PD again getting frustrated with the warranty people, they tell them my car has no warranty. I call them up asking why and some kid says it has warranty but the reg number was misquoted and although he knows about the claim wouldn't help garage until he spoke to me.
As above.
Mid May - Today car being repaired, a little longer than the 10 days I was told.
Acknowledgement that the work is covered by the warranty provisions.
ie. all parties conform to their responsibilities under the provisions of it.
Costs so far 3599.50 (only for time car with garage not before)
Road Tax 262.5 - is that a proportion? If so it's a fair and reasonable claim.
Payments for car itself - 2240 - you can't claim for that. You are paying for the car itself, not the use of it (see below).
Insurance 497 - is that a proportion? If so it's a fair and reasonable claim (although it could be argued that NCD is an enhancement, so possibly not fully reimbursed).
Car Hire (need to get to work sometimes) - approx 600 - good one. Although alternative methods of transport (public transport) could be used this is still the right idea.
I once spent almost 2 years commuting on a train because the other party's insurance company got cute.
I paid £600 for a Cavalier and got £1,800 pounds worth of rail fares back off them.
Not including having to use Taxi's and trains to get to work. Now need to tax car again at 262.5 and pay for MOT etc - Again, the MoT would be payable whatever, you can't claim for that.
Hope this helps clear up my poor effort earlier...
Now, what you've failed to detail is:
* Your time administering your claim (£10/hr is more than reasonable);
* Postage and other expenses;
* Our reasonable invoices for advice etc. (
)* the fee for taking out a Summons etc. in the County Court;
* Pre-hearing advice (
)Fwiw I think you've a fair chance here.........................
20 August 2013, 02:02 AM
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Sorry I have read things just briefly but as your the owner of the car it is the duty of both these companies to inform you with everything thats happening with the car and you have rights to complain to either one.It makes no difference who sent the car in, they should be looking after you and ringing you up.They should have a headoffice which deals with customers complaints very seriously , give them a ring
The op has a moral right - and ALL the parties a moral obligation - to updates.
Unfortunately the law doesn't take morals into question (although the media does).
Bad publicity might help, or might not.
Correct legal methods will.
I do agree with your sentiments, and every other contributor. I think it's appalling what's (not) happened but the ultimate objective is to get the car back and some recompense.
And a lot of organisations have no morals whatsoever, unfortunately.
20 August 2013, 02:10 AM
#51
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Speak to manager at EH, or dealer principle. If you can not get answers send him a letter giving 14 days notice demanding car back all sorted or legal action using the small claims court, tell him all costs of the action along with losses and expenses will be on top of the amount claimed for the vehicle. Make sure the letter is sent recorded delivery. Do not be scared to use the court system, you do not need a solicitor and I am sure you will get a very sympathetic hearing and judgement, however it might also be worth having 1 hour with a solicitor who will advise you exactly where you stand in law in this matter, most solicitors offer a cheap advice service... good luck.
20 August 2013, 02:23 AM
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Speak to manager at EH, or dealer principle. If you can not get answers send him a letter giving 14 days notice demanding car back all sorted or legal action using the small claims court, tell him all costs of the action along with losses and expenses will be on top of the amount claimed for the vehicle. Make sure the letter is sent recorded delivery. Do not be scared to use the court system, you do not need a solicitor and I am sure you will get a very sympathetic hearing and judgement, however it might also be worth having 1 hour with a solicitor who will advise you exactly where you stand in law in this matter, most solicitors offer a cheap advice service... good luck.
20 August 2013, 08:28 AM
#53
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Thanks guys - will be contacting everyone involved today in an attempt to get something sorted. Next step is seeing a solicitor about getting the car back and compensation
20 August 2013, 10:43 AM
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However, I'd suggest holding off going to that expense until you see the response you get (you'll know almost immediately if they're going to pfaff you about). It might prove unnecessary and save you a few quid.
Your call obviously, and good luck with it.
20 August 2013, 10:50 AM
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If it was me I would be going down to the garage.
What worked for me previously was going to the garage and I caused a bit of a scene in the middle of the showroom on a busy Saturday afternoon. The manager suddenly became available to see me.
Good luck and let us know how you get on.
20 August 2013, 11:10 AM
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My money is on the cambelt not being fitted correctly.
You have to admit that it is a strong possibility.
As for the whole saga, I got pissed off when my rebuild was running into 5 weeks. I rang twice a day in the end and it soon got sorted.
Make yourself known to the manager of the company that sold you the car. Set aside a day to pay them a visit and refuse to leave until things are sorted. Take a witness with you.
Before you do this, I would seriously recommend getting a solicitors letter drawn up and taking it with you.
What has happened is totally unacceptable but you should not have let it go on for this long either.
Make an appointment to see a solicitor today. It may cost you £150 or so, but it will be the best money you spend.
I wouldn't be wanting to pay any money towards the cost of the repair now.
You have to admit that it is a strong possibility.
As for the whole saga, I got pissed off when my rebuild was running into 5 weeks. I rang twice a day in the end and it soon got sorted.
Make yourself known to the manager of the company that sold you the car. Set aside a day to pay them a visit and refuse to leave until things are sorted. Take a witness with you.
Before you do this, I would seriously recommend getting a solicitors letter drawn up and taking it with you.
What has happened is totally unacceptable but you should not have let it go on for this long either.
Make an appointment to see a solicitor today. It may cost you £150 or so, but it will be the best money you spend.
I wouldn't be wanting to pay any money towards the cost of the repair now.
20 August 2013, 11:16 AM
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Solicitor's letter of intention to persue a court claim sent to the dealer principal of EH should get things in motion. 
They've had plenty of time to sort this out and need to repair, compensate and get the matter finalised.
Don't deal with anyone else but the dealer principal, staff members down the chain will not inform the dealer principal of anything unless they have to. He probably will not have any knowledge of what's going on.
They've had plenty of time to sort this out and need to repair, compensate and get the matter finalised.
Don't deal with anyone else but the dealer principal, staff members down the chain will not inform the dealer principal of anything unless they have to. He probably will not have any knowledge of what's going on.
20 August 2013, 11:16 AM
#60
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Solicitors do deals for giving advise, something like £30, which in my opinion is money well spent to know where you stand in law, they will also advise you on the best wording for the letter threatening legal action if EH don't sort it in a 'reasonable time', and I think you are well passed reasonable time tbh. Last time I used small claims court the fee was £65, this is added to your claim anyway so you do not lose out.
I expect the cost of legal advise will also be seen as reasonable to claim, but beware small claims court do not normally pay if you are represented by a solicitor if it went to court.
I would be amazed if EH ever allowed this to get to court anyway, you will be surprised just how different people are when a court summons arrives.
I expect the cost of legal advise will also be seen as reasonable to claim, but beware small claims court do not normally pay if you are represented by a solicitor if it went to court.
I would be amazed if EH ever allowed this to get to court anyway, you will be surprised just how different people are when a court summons arrives.