TurboFreak

Solicitor's letter of intention to persue a court claim sent to the dealer principal of EH should get things in motion.

oldun is corect, I expect the manager has not dealt with this matter properly and the dealer principle is not even aware of the problem. Let the manager know if he does not give you the right answers the summons will be sent to the dealer principle, or head office.
It is very important the summons is addressed to the right person, both the solicitor and court information pack will be able to advise you on this. The summons would not go to the manager.

bigphilbaby

ask and speak to the dealer Principle, he the person who runs the whole building and who will sort it out for you

thenewgalaxy

Six months!

I would still go completely mental regardless of the outcome.

dazzaturbo

+1

LuckyWelshchap

VG advice.

In the case of a company it's the Registered Office, and the defendant is the Company itself.
You might need to check carefully, in case the dealer is registered as eg. 'Evans Halshaw(local branch somewhere) Ltd'.

A mate of mine once successfully sued a very well known telecomms company for £10,000. It was too lazy to instruct someone and turn up in court and judgement was given against them.
Unfortunately it appealed, on the grounds that he'd sent the summons to their billing office, and not the Registered Address.
Result - it got reduced to a refund of monies wrongly taken plus his reasonable costs of about £50.

stu turbo 98

iTrader: (6)

I f the car was bought using a finance company you should be able to let them deal with it.I bought a brand new motorbike on HP and had nothing but problems with the bike and the dealer,to cut a long story short ,I owned the bike for eight months and it was in the garage being repaired every other week and the dealers were using second hand parts to repair it,i contacted the finance company who got the dealers to take the bike back they then paid back all the instalments i made and sued the dealers ,job done!

LuckyWelshchap

Good point which depends upon the financing arrangements.

From what I understand if there's a clause that says that ownership rests with the finance company until the total finance amount is paid then that's certainly true.
If however, the buyer simply had a loan to buy the car then that wouldn't apply.

It is very worth noting though, and a possible way out.

stu turbo 98

iTrader: (6)

Checking the small print can actually work in your favour as it did in my case,i hope its the same for the OP,it took the sting out of the whole thing for sure.

Rappsy

Well guys, took all the advice, kicked off with the warranty company etc etc and I collect my car fully repaired, MOT'd etc tomorrow....

Now just a case of taking Evans Halshaw to small claims court about leaving me without a car for 6 months.

I've not driven it yet but it sounds like the garage has done a good job, had a decent breakdown including parts etc and the and the delays are simply delays in these parts.

will post again when I've collected and tested, appreciate the help!

stu turbo 98

iTrader: (6)

Good luck fella,i hope this is the end of your troubles,and well done for keeping your cool,i would have been in a padded cell with a box of crayons by now

Gear Head

iTrader: (2)

Welldone kid. Make sure you fully inspect it first and insist on a test drive with an engineer from the garage.

LuckyWelshchap

An unexpected result to be honest - time-wise anyway.

How can they suddenly have had it done?

Still, the main thing is that it has been.

RE. EH, I might have misunderstood your intention but there's a protocol for Small Claims actions.

You have to give EH an opportunity to explain and make some sort of offer re. compensating you.
It's known as a 'letter before action'.
There's no set format or wording.

Just write to the showroom cc. their head office and ask why the delay, inform that it's not good enough, roughly detail the sort of costs you've incurred and the losses (Road Tax etc.), give them 14 days to come up with an acceptable arrangement or else you will pursue a claim.

That will satisfy the pre-summons part of the process.

As you might gather the idea (of the law) is to avoid things getting as far as the courts.

Alternatively get a professional to do it (though I'd stay away from CAB, advice from one of them almost cost someone I know an £800 tax rebate).

Good luck with the rest from hereon in.

TurboFreak

AS ABOVE... GOOD LUCK

RobsyUK

iTrader: (2)

I wonder if they have just swapped your plates with a working car... hmmmmm

Rappsy

Car is back! All working nice, just a little noisy whilst the engine beds in but feels as quick as ever

Seems the work done is too a really high standard just need to bed in and then give it the beans

Gear Head

iTrader: (2)

Were they just holding onto it because they hadn't been paid?

LuckyWelshchap

It would be interesting to know why it took so long 'to do' but so very quick 'to return'.

Perhaps whoever's at fault has been watching this thread.

Anyway, glad the car's back and hopefully you'll have a great time making up for lost time.

Turbo Tone

iTrader: (2)

What he said^^^^^^^^

When you do the letter to EH make sure you get a full breakdown of why it took so long and what the holdups were.

fella

No garage would be that stupid! Even the worst ones. They'd have to change chassis numbers as well...

TonyBurns

iTrader: (3)

What colour is your car then out of interest?

Rappsy

Red both when it went in and when it came out...

TonyBurns

iTrader: (3)

Ah, it was yours I saw yesterday then