Rappsy

Hey Guys,

First real post so looking for some advice if possible. My 2008 STI had engine failure (same as the rest) back in Feb. It went into a garage that I won't name for now but they're a well known specialist. It had 3rd party warranty with Evans Halshaw. Evans Halshaw ignored emails and call etc from the garage but they finally agreed to pay out after the garage did an amazing job of getting more or less all of it covered by warranty.

However it's now August - I still don't have my car. Evans Halshaw where I dropped the car offered me one back in March but when I went to get it they'd given it to someone else.

I've chased the garage over and over but there always seems to be some kind of delay, some part not available etc. I've left various messages and feel like Im being backed into a corner of just turning up at the garage.

Worst is that I still have no indication of how much I need to pay between what the warranty covers and what it doesn't so I could be without a car for 6 months, then hit with a huge bill + will now need an MOT and TAX. I was told when it went in that it wouldn't take so long so I didn't take the car off the road, I've paid 6 months insurance, road tax (@475 a year) and payments for the car.

Has anyone else had this or anything similar happen? I really don't know what to do next, all I can see is that I'm £1000's out of pocket and still no car

New_scooby_04

iTrader: (4)

You say there was a delay in the garage getting the green light from the warranty company. How long have they actually had your car for? Are they being held up by the warranty company putting up obstacles/objections?

Best advice is to call the company and speak with the manager and say that the work is taking too long and that it will leave you out of pocket and you need to have a final deadline. If they don't respond to calls then you have to visit them!

You might be able to claim some of your insurance and tax back if you have a period of time left on both and there is no prospect of the car being on the road in that time-frame. Perhaps the garage can sort you out with a hire car too?

longun

I'd be straight on the phone to trading standards. They need to be pushed but can be really helpful in situations like this. Heck if the garage I left my car at no longer had it I'd even be tempted to call the police and report the car missing. Get on this straight away and stay on it, pester every day if you have to. IMO you've already been far too understanding and waited too long. I wouldn't be paying a penny out to them for work taking this long and would be chasing for my other expenses to be covered.

LuckyWelshchap

Hello mate and welcome.

A string of questions I'm afraid !

You bought the car from Evans Halshaw and it was covered by a warranty - is that correct?
If not how did the warranty get on the car?

What company is the warranty with?

The rest I'll leave until we have that answer.

PS you'll need to knock up a letter (recipient as yet unknown) stating that time is of the essence and giving a couple of weeks for an update, with a view to the car being back with you within, say, a month.

Rappsy

The car was dropped off there just at the end of Feb and has been there ever since. The warranty company "missed" emails and calls for nearly 3 months from the garage and I know they were doing their best to get it sorted because I was CC'd on the mails and until I called them myself they did nothing.

It's a 3rd party warranty with Evans Halshaw (Pen Dragon). As far as I am aware the warranty company accepted claim back in may and gave the pay out reference. I'm starting to get worried something else has happened to the car.

longun

All else fails report it stolen and give the last known address as the warranty company. Should perk someone up

Rappsy

Sorry forgot to mention 23rd of May I got told it would be around 10 days.

LuckyWelshchap

Did Pen Dragon tell you to take it to the garage or did you take it upon yourself (albeit with their blessing) ?

Where I'm coming from is to determine whose responsibility it is to get the car back to you, fully repaired.

Rappsy

I dropped it off with Evans Halshaw who took it to the specialist themselves. I knew the specialist but I'd spoken to a different evans halshaw previously who told me to take it to my local one.

The Evans Halshaw the I dropped it off at haven't spoken to me since feb

LuckyWelshchap

Unfortunately it will be a 'Civil matter' (though how anybody could be civil after the best part of 6 months speaks volumes for them).

Turbo Tone

iTrader: (2)

10 days and its now the middle of August.

Get down to the garage and get hold of the manager.

Where is my car and when will it be returned? If they cant give you a straight answer then call the fuzz and report the car as stolen. Unfortunately it may be the only way to get them to take the matter seriously.

Rappsy

I'm certainly going to take legal action against the warranty company for the first 3 months of messing myself and the garage about. But I can't really do anything until I get the car back for fear of making the situation worse

Worlasshasansti

This sounds like a fapping ridiculous situation to be in mate, you've been without the car for 6 months! If it were mine I would be at the garage in an hours time and demand to see the car and its current condition its YOUR car what on earth can they do to stop you viewing your own property.

I would get on the case mate and put a firework up someone's ar*e pronto!

Mick

LuckyWelshchap

Righty-o then !

EH have the responsibility.
Write to them - preferably Recorded Delivery - asking for an update on the car and a firm date for when you can expect the car back.

Also ask for an explanation of why the matter is taking so long.

Remind them that it is their responsibility to ensure that your losses are kept to a minimum, and what they propose to do about 'wasted' Road Tax and Insurance etc.

Expect a holding letter in reply.

(At that point things will become more formal).

The idea here is to give them a chance to get things sorted, without it getting bogged down. If they get the idea that you have knowledge of the law (but you're not actually threatening them with it just yet) it might ease the path to a quick resolution.

LuckyWelshchap

Can I just add that you can't have a case against the warranty company because the contract is between EH and them, although you as the owner of the car are the beneficiary.

What you have to do (hopefully not) is push EH if they try to blame the warranty company. It's tough on EH but it is their problem.
And it might be tough on PD, if the garage is ultimately at fault - but that's their problem as well.

EH sort it, then if necessary seek redress from PD, who in turn might have to recover any losses from the garage.

Rappsy

Thanks for your feedback guys. I think EH and PD are part of the same group. As far as Im concerned I took the car where they told me, they then chose to take it to a specialist so not really a lot I could do

Any other advice welcome and I will keep you all posted in this thread.

jake1989

iTrader: (4)

if i was you i would of been on the phone or got my *** down to where my car was after the 10days were up!
i know its easy for time to pass but SIX months! i cant believe your car has been missing for six months and still no idea of state of play.
i would go to the un named specialist ASAP and check the cars progress.and make sure its actually still there and in good condition!?!

JohnD

iTrader: (5)

Sounds like the garage from the recent Rogue Traders!
6 months is TOTALLY UNACCEPTABLE - name the garage.

JohnD

Turbo Tone

iTrader: (2)

Please tell me it did not go to eclipse performance

LuckyWelshchap

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).

LuckyWelshchap

dunx

iTrader: (3)

Basically go to EH and threaten to sue them for the original cost of the car, plus "damages" for the time it has been missing.
You need to get a solicitor to draft a letter implying hell and damnation are but inches away. Then watch them take notice.
So what if the car goes, get your purchase price back in full plus costs.

All IMHO.

dunx

LuckyWelshchap

Standard practice in this sort of business.
You'll probably find some tie-up with a finance company as well.

One car sales (long gone to the dogs) near us did a roaring trade in 3-month warranties. MD/owner of the car company was also the MD of the warranty company. Nice way to hive off £100 per sale.
Any claim under warranty and they cannibalised another motor.
I kid you not.

f1_fan

iTrader: (9)

Sorry, but I am having trouble following this thread. Who are EH and PD in your post above?

If they are Evans Halshaw and Pendragon then they are the same company. Pendragon own Evans Halshaw. Why would EH seek redress form PD??

jake1989

iTrader: (4)

surely if the warranty paid out in may and authorised the repairs to begin then its the garage who is clearly taking the p*ss here right ??

LuckyWelshchap

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.

Busterbulldog

iTrader: (1)

That sounds like Empress?
OP you need to kick off big time. Phone or visit them all,if need be ring your hp provider and see if they can help...its not right paying for a wanked, warrantied car for 6 months...esp considering they have not supplied a car for you.

LuckyWelshchap

I'm not being pedantic in any way, more devil's advocate in case this should come to court.

The op's only been told that, and the cynic in me would expect any organisation that's having difficulties to point to some reason or other.

Whatever happens, the dealer should be doing the running around etc.
This seems (at the moment) to be a case of washing their hands of it because they passed it on to the warranty company, they have washed their hands because they've passed it to the garage etc. etc.

Evans Halshaw have to sort it, the op shouldn't have to concern themselves, apart from making truthful, reputation-tarnishing remarks about EH's terrible aftersales service.

Squeeze EH and they'll do some squeezing of their own, and so on until hopefully all will be sorted, the op has a stronger then ever 2.5 and some compensation for the huge amount of inconvenience.

Btw, regional 'Watchdog' type programmes are also a good way of getting things moving, especially if there's a national name involved.

LuckyWelshchap

Well the company's dissolved so there's no danger of defamation I suppose.

Tell EH they've got 14 days to a) give a firm date when the car will be back; b) explain why the delay; and c) suggest a way that they will recompense you.

Then in 15 days time download and complete the necessary paperwork to request a County Court summons and pop in to EH on the way to the court buildings, so they see that you mean business.

Bet you things start moving then.

Midlife......

iTrader: (2)

Just curious............who has the car at the moment?

Shaun