Legal advice Please help....

kjb1 · Post by **kjb1** » Tue Jul 21, 2015 6:01 pm

Hi all, ok so as you may know, I have recently taken delivery of a brand new Mercedes C class and a new Caravan to boot also.

Car was a Dealer factory build and therefore needed a tow bar fitting. Anyhow, Brink was the name of the towbar fitted to the car from factory so I thought I would go oem and find a Brink Supplier near me who could carry out the addition of a tow bar.

My searches led me to a company called in Cardiff. They said they could supply fit and code my car for new tow bar. I always go on first impressions and I didn't get a good feeling off these guys and going against my gut I went with them.

So I booked in, and due to time off etc, could only choose a day where I came off a night shift at 6am that morning. Therefore took fresh change of clothes into work and showered in morning and set off on my 2 hour journey to be with them for 8am.

Upon arrival I was a tad disappointed to see that the Building itself looked appalling, but they were long established so thought hey ho I will go with it. Left car there, they said come back after midday, should be ready for you.

I kill time in Cardiff Mindful of fact I had a two hour journey ahead of me and straight back in for my last night shift so headed back at 12:30, upon which was told car not ready. Waited and waited with the owner tell ing me lots of stories about life in the shop and how things are clearly never their fault and how great he was. Any way I digress.

Finally they tell me whats going on at 14:00, the car has tried to be coded but clearly they had failed miserably and could not put it right:

So they finally let me into their "workshop", its tiny, not wide enough to open a car door fully etc, and it is filthy!! with a floor that looked totally un swept, I picked up rivets, nails, screws off the floor and said I am not happy about 4 brand new tyres being in here on this floor, to then gaze upon a once immaculate interior, it was filthy, they had put no seat / floor protection down and it was covered in orange dust everywhere. At this point I was getting rather concerned, the car was 7 days old and every driver aid was knackered. They were attempting very poorly with a cheap tool to code my car with numerous updates with no success ( they lied to me on phone originally saying they had done a Mercedes w205 brand new the day before, which turned out a lie as they ended up actually telling me inadvertently that the car had not even been PDI'd therefore the cars ecu's were locked out and coding could not take place ( Cardiff Mercedes put it in there to them).

So at this point owner then said just take the car, initially he would not give me my keys atall!! but then when I spotted this said here you go, just go we can sort again. I said you expect me to drive this in this state with no power steering, abs, traction control etc over 125 miles home? yes was his response.

I took it home very cautiously and extremely heartbroken. And that Monday booked it into my supplying dealer in Swansea to sort it out. They could not believe what hey had done and recoded whole car and got it sorted ecu wise at a reduced rate of £132 to help me out. Then a smart repairer sorted paintwork @ £176 ( I'm not totally happy with job but have no choice really ) this involved another two separate journeys with big mileage being added each time, and driving the car again in an unfit state.

Whilst im in Mercedes dealership, text message off tow bar company asking me to just "pop in" as they can code car now and want to sort damage. I explain I have no faith in them as a business and do not want them near the car again.

He is now threatening court proceedings as I currently owe £544 ( £590 - £50 deposit which I initially paid ).

I have sent photos above to him, along with photos of invoices etc for works carried out, and today unwillingly offered to pay the difference between my two repairs totalled together subtracted off the outstanding balance of his bill, meaning I pay £283 in total, of a £590 bill.

I could go down realms of factoring in the two days holidays I used to put coding correct at Mercedes and also the smart repair ( both 1 hours drive from my house and ended up being all dayers for both separate day repairs). The wear and tear to vehicle, the cost of fuel used, the mileage added to car, the damage and obvious devaluation to a 7 day old car even with a smart repair carried out ( still not original paint and its not perfect, I know its there.

He is being rather aggressive in his tone wanting money or going to take me to court.

So people, what would you do? would I incur costs of court if I lost this case? and will it affect my credit rating etc? Ive never bern to court before and am nervous of everything, would appreciate genuine advice on the matter.

They expected me to take car back in that state for 2:30hour journey for them to no doubt again muck it up further.

Plus I need car for work so needed it sorted asap.

Help guys

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kjb1 · Post by **kjb1** » Tue Jul 21, 2015 6:05 pm

writing this on an iphone so please excuse grammar and spelling mistakes.

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shadrack · Post by **shadrack** » Tue Jul 21, 2015 8:23 pm

[quote="kjb1"]
writing this on an iphone so please excuse grammar and spelling mistakes.

Sent from my iPhone
[/quote]

does he know where you live? if not tell them to stick it

kjb1 · Post by **kjb1** » Tue Jul 21, 2015 8:25 pm

he does know yes, had my address. My main worry is a risk of a ccj going against me? really need advice on this.

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bubbabear · Post by **bubbabear** » Tue Jul 21, 2015 8:37 pm

The first thing to do is to keep all forms of communication to the trader who you owe money to (and damaged your car).

I would only talk to him via email from now on. If necessary get trading standards involved - if he sues you in the small claims court you can countersue him and submit the claim online (via money claim online).

Bear in mind that you have a beautiful new car and if it goes to court and you show that you have acted in a reasonable manner to get the car repaired as a result of this negligent trader and then the judge will take this into consideration.

The trader must also consider his reputation imagine if you get your local newspaper involved and this story is printed - it will certainly damage him.

Cool off for the moment then talk to him next week

kjb1 · Post by **kjb1** » Tue Jul 21, 2015 8:46 pm

[quote="bubbabear"]
The first thing to do is to keep all forms of communication to the trader who you owe money to (and damaged your car).

I would only talk to him via email from now on. If necessary get trading standards involved - if he sues you in the small claims court you can countersue him and submit the claim online (via money claim online).

Bear in mind that you have a beautiful new car and if it goes to court and you show that you have acted in a reasonable manner to get the car repaired as a result of this negligent trader and then the judge will take this into consideration.

The trader must also consider his reputation imagine if you get your local newspaper involved and this story is printed - it will certainly damage him.

Cool off for the moment then talk to him next week
[/quote]

Hi Bubba

Appreciate efforts in replying to me here. If he takes this to a ccj will that be me with a ccj for next 6 years? I don't want to have that over me, therefore feel I have to pay this now to prevent running the risk of a ccj on me?

What will be the first legal document I will receive from him regarding this?

This all occured weeks ago, I received a letter ( recorded ) with an invoice for monies owed to him today see.

I am amazed he is chasing me for it to be honest.

If I paid in full could I then open a small claims case against him straight away to recover my money with added compensation?

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Mars · Post by **Mars** » Tue Jul 21, 2015 9:52 pm

Jon I'm really fuming this has happened to your lovely new motor, and although I have no legal opinion or advice to add, I'd definetly fight it, and the good will out i'm sure. They sound like total cowboys tbh.
Good luck
Sue

kjb1 · Post by **kjb1** » Tue Jul 21, 2015 10:07 pm

Hi Sue,

Yes The shine genuinely feels totally taken off my car, which is so annoying as I initially absolutely loved it, now EVERY TIME I look at rear end my eye is drawn to the repair and its just beyond annoying.

I am hoping someone with good grasp of law is here yo be able to steer me in the correct direction maybe?

Appreciate the message [emoji106]

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AHG21 · Post by **AHG21** » Tue Jul 21, 2015 10:30 pm

As said before trading standards, but before you do this email him or write a letter stating your grievances also state that you will be notifying trading standards and give him 14 days to reply, if you write a letter keep a copy,,and send it special delivery.
Keep all evidence and correspondence, also how did you pay for this, was it on a credit card, please tell me it was, they will help you because it's a faulty transaction he's damaged your car, also the service you got was not up to standard,
Hope this helps and keep fighting my friend if you need more advice I'm sure you will get it on here,great bunch and bags of knowledge.

Reusch · Post by **Reusch** » Tue Jul 21, 2015 10:41 pm

Sounds like a 1st class twat just like the car dealer i had to deal with,the only problem I see is you didn't give him the chance to fix and repair the vehicle DONT get me wrong I would have done exactly what you've done and not let him near it again,contact citizens advice and log it did you pay a deposit for the tow bar work by credit card if you did get them involved they worked wonders for me I got every penny back and as above e mail or text only now as that goes a long way phone conversations are useless,good luck it will come good for you in the end.

kjb1 · Post by **kjb1** » Tue Jul 21, 2015 10:47 pm

Hi Reusch

Yep first class yes!!! he is!!!

I did not give him chance to repair yes, as he was expecting me to drive from Pembrokeshire to Cardiff with the car in that state, ( 2 hour journey on a good run, normally 2:30 hours. ). I as a customer had no faith in him whatsoever after the first efforts therefore didn't want him near my pride and joy again. Sadly I paid the £50 deposit via a debit card. However I could still pay the remainder via a credit card and then involve them maybe?

Overall I don't feel I owe him a penny for the stress this has caused. My only reasons I want to pay is for fear of a ccj going against me.

Help!!! [emoji37]

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bubbabear · Post by **bubbabear** » Tue Jul 21, 2015 10:48 pm

You could pay the balance owed to the trader by credit card then claim a dispute with the credit card company and submit a claim via money claim online...starting first with a recorded letter to the trader stating that he owes you £x for losses and damages and he has 14 days to pay you. If he does not pay then submit a claim in small claims courts via the money claim online web portal. By doing this you will avoid the potential ccj. If he doesnt defend the small claim then the judge will rule in your favour

I once went on holiday once in france and the resort was a total mess so called the holiday operator who offered me £30 compensation. I told her to stick it and said see you in court and once back in the uk i went via money claim and won the full cost of the holiday back. Note you only get paid about £50 for loss of earnings in court but the judge will consider reimbursement for damages and inconvenience (loss of enjoyment).

I have been to court many times as the claimant but i understand your concerns as a potential defendant.

X5Sport · Post by **X5Sport** » Tue Jul 21, 2015 10:54 pm

If it goes down the CCJ action route, you still have your day in Court and can fight the CCJ at the time. You might win in which case no CCJ is issued.

Definitely get in touch with legal support through TS and Consumers Advice - or whatever they are now called.

Read up on Sale of Goods Act with regard to faulty supply/damage etc. I think the supplier has the right to have a go at fixing it, but given the issues caused and that they probably don't have the right tools you may well have the right to insist they do it using the right kit and to OEM standard. If they can't do that, or won't send the car to a Merc Dealer to resolve at their expense you then have a very good case to do whatever you need to do, and bill them for it.

Issue a counter claim......

kjb1 · Post by **kjb1** » Tue Jul 21, 2015 10:56 pm

[quote="bubbabear"]
You could pay the balance owed to the trader by credit card then claim a dispute with the credit card company and submit a claim via money claim online...starting first with a recorded letter to the trader stating that he owes you £x for losses and damages and he has 14 days to pay you. If he does not pay then submit a claim in small claims courts via the money claim online web portal. By doing this you will avoid the potential ccj. If he doesnt defend the small claim then the judge will rule in your favour

I once went on holiday once in france and the resort was a total mess so called the holiday operator who offered me £30 compensation. I told her to stick it and said see you in court and once back in the uk i went via money claim and won the full cost of the holiday back. Note you only get paid about £50 for loss of earnings in court but the judge will consider reimbursement for damages and inconvenience (loss of enjoyment).

I have been to court many times as the claimant but i understand your concerns as a potential defendant.
[/quote]

In morning I will call him and pay in full for the outstanding balance then pursue this I think. Bubba you sound well versed in this, when it comes to it, will you point me in the directiom of these forms and exactly what I have to do to get credit card company involved?

thanks again.

ccj is a scary one for me see.

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kjb1 · Post by **kjb1** » Tue Jul 21, 2015 11:10 pm

[quote="X5Sport"]
If it goes down the CCJ action route, you still have your day in Court and can fight the CCJ at the time. You might win in which case no CCJ is issued.

Definitely get in touch with legal support through TS and Consumers Advice - or whatever they are now called.

Read up on Sale of Goods Act with regard to faulty supply/damage etc. I think the supplier has the right to have a go at fixing it, but given the issues caused and that they probably don't have the right tools you may well have the right to insist they do it using the right kit and to OEM standard. If they can't do that, or won't send the car to a Merc Dealer to resolve at their expense you then have a very good case to do whatever you need to do, and bill them for it.

Issue a counter claim......

[/quote]

Hi Richard

The risk of losing and a ccj being against me for 6 years is too costly for me. I had no choice but to take it to Mercedes to put it right. They claimed the tool maker had updated their tool or would visit to put it correct but genuinely I don't think they had a clue what they were doing. So yes, I assume I had every right to go to Mercedes. With all those faults up they wanted me to drive back toCardiff from Pembrokeshire for them to attempt to put it right. No go for me, car should have been trailered at end of day.

Would it be best to pay on a card then pursue afterwards? at court local to me? and with no risk of a ccj against myself?

How would you proceed?

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