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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My car was recalled, on a known fault. I waited over a month

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My car was recalled, on a known fault. I waited over a month and half for the part to come in. On the way to the garage, for the repair, my car broke down due to the known fault. It was double parked, on a narrow road, that is extremely busy, at roughly 8:40am. I had my one year old son in the back, the weather was freezing, and my car was nearly hit 4 times. I phoned the garage/dealer, a little panicked, and asked if they could tow me in. The attitude I got, was less than satisfactory or customer friendly. Claiming they had no obligation to help me. Leaving me stranded in a rough part of town, with my little boy, and a car that wouldn't start. I got a little peaved, shall we say, worrying about my little boy, and the fact that (in his words) the manager said "that wasn't his concern".
Do I have a legal standing to take this further. I have incurred towing costs/sign up costs to the AA. When I got to the showroom, the manager took me in the back, threatened me, pushed me, and then told me to leave, or he would call the police. I refused to leave until the police arrived (they never came) and other members of the showroom threatened me too. The behaviour was aggressive, and threatening the whole time. I was insulted for being only 5'4" tall, and made to feel like my little boy's life, and safety meant nothing.
This was a DVLA/factory recall. Official letters and corespondence were sent to me over the safety of my vehicle. I understand, they cannot tow every single vehicle. But, given the circumstances, it's as though they were happy my car wasn't coming in.
Following this, my missus managed to get them to carry out the repairs. However, since they have had my car, it now will not recognise a key, won't unlock, after multiple times trying to start it, it constantly cuts out. They have know said for £108, they will run a diagnostic, and see what the fault is. I already had the AA look at the car. The AA are convinced, it's a faulty/badly wired ignition switch. The showroom deny all blame.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Was it a new car? Alex
Customer: replied 1 year ago.
No, it was a 2008 model. The fault has apparently only just been discovered. I haven't had the car long, and it has never had a problem, until the day I was driving it to be repaired.
Expert:  Ash replied 1 year ago.
When did this happen and when did you buy the car?
Customer: replied 1 year ago.
Purchased the car last June. This happened this week (Tuesday). It should have been a straight drop off, then collection later. It turned into a day of panic, worry and for me, illness. I spent most of the time at the road side, because I was advised to get out of the car, due to it's location. I had my missus pick my little boy up for safety.
Expert:  Ash replied 1 year ago.
Did the car have a warranty on the used vehicle?
Customer: replied 1 year ago.
I couldn't say/remember. I'd have to dig out the forms. But this was a factory recall by the DVLA due to the nature of the problem. It causes the car to shut down completely. You lose everything. Power/power steering/ABS. If it were to happen on the motorway, I could have been killed. Hence, the annoyance in the fact that I had to wait for so long to get the work done (I understand supply and demand) but then the showroom to just turn it's back on me. After explaining I was in a dangerous situation. Had it been just me, I may not have been so annoyed. But not with my little boy as well.
I just got a phone discussion message, please understand, I am a little short of cash at the minute, I am having to get taxis to work. Will the call cost me another £38, or is it included in the first payment?
Expert:  Ash replied 1 year ago.
The call is extra if you want that.However as its used you have a limited time in which to reject goods which is accepted as being 6 months. You are sadly outside of this period. Then that leaves breach of contract against the manufacturer based on the defect. However for this under the Limitation Act 1980 you have 6 years to bring a claim. Given this was a 2008 model any time limit would be in 2014.As such you are out of time and I am sorry to say that you will have to pay for any fix/repair because of the timeframes.I am sorry that is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
No, I understand. The little man gets kicked around again, and as usual, we have to take it.Thank you for your time.
Expert:  Ash replied 1 year ago.
Good luckAlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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