chassis is crumpled

[andyw]

Hi having found my surf has had a crash at some point, and the garage investigating, they managed to knock filler out of the chassis legs. Underneath the metal is bent and buckled.

Now the place i bought it booked it in for a MOT on monday, had to drop it off today no other choice. however got the sales guy to come out and he said a dent in the chassis is nothing to worry about??????????? he didnt look at the crack or the inner side which is even worse, not to mention the suspension isnt even welded on straight. This is all the front passenger side wishbone area. My garage told me all this as he pointed it out, and with this in mind it is now quite clear the extent of the damage.

now if by some miracle they pass the mot, am I right within thinking, VOSA inspection, then report garage to police once got the failure sheet. As well as both the MOT station that have passed it to VOSA.

Any Legal buffs out there? I bought the car wednesday 16th september. with 3 month warranty, but im thinking this is more relative to the sale of goods act? Will talk to trading standards about it depending on the result of this MOT. Ive already said i would like my money back and they said we need to get it inspected first. which is fair enough i suppose.

Also am i allowed to threaten to write reviews to local newspaper etc? bad reports on internet forums. wont be naming and shaming assuming they sort it out.

My thoughts are that they honestly didnt realise, however if there gunna kick up a fuss I will name shame and generally be a bugger to them.

Many Thanks
Andy

[That Ruddy Squirrel]

If they don't refund, then go straight down the legal front,

If you need to take the legal front DON'T give em crap in the press in case it buggers your action, save it for afterwards

Good luck


Trev

[fatfires]

if you win on the legal then you are right to name and shame and there can be no bad feed back as your case is proven...could be unwise to do it before and I have heard of firms saying 'as a good will gesture' etc so as to keep face!
bad mouthing unprooven could be expensive for you

[tintin]

Make sure you get pictures while it's in your possesion
(simple i know, but once they have it back it's too late)
The more documentary evidence you get now the easier it will be if they get arsey!!
(including a full written report from your garage!)

Best of luck
Alan

[andyw]

well looks like its going the legal route. getting written report done by my garage. having chatted to the chap who they asked to have a look at, NOT MOT it like they said they would, they had only told him about the small amount on the outer part of the chassis not the inner. and they also hadnt asked him to look at the crack or the steering which isnt on straight.

they supposedly had 2 mot chaps look at first bit of damage, and have chisled all the filler out, though he didnt mention anything about rust coating it again he told me i would at least be able to see it all clearly now..... maybe he will do it when i pick it up.

so have asked him to look again, but contact me directly and refrain from contacting the garage who sold it for the moment. will go from there.

[Tallyman]

Basically, if it's not going to pass the MOT then it's unroadworthy and "not fit for purpose", therefore the selling garage have no option but to take it back and refund your money in full, plus any expense incurred in getting it tested and the garage report. As a dealer it is up to them to ensure that any car they sell is roadworthy. If you get any hassle, report them to trading standards, as well as taking them to court.

[andyw]

right update, the garage have looked over it abit harder. they have not actually done an mot though.

there saying that the dents in the chassis are not a reason to fail an mot, the crack however is. and the steering isnt on straight although the tyres supposedly havent worn unevenly yet. (other garage said they have). they said none of this was overly dangerous!!!

have got the letter trading standards told me ready, getting a written report from my garage tomorrow. will send that, i have not contacted the garage I bought it from yet, they told me to send the letter first.

picking car up from the place that looked over it tomorrow.

why is it still illegal in this situation to go and pick a fight with the garage and start putting heads through some windows?

got quite an urge to got thrash it around my local pay and play site just to see how strong the "safe" bits really are, then take it to them with the front suspension collapsed and point "not fit for purpose!!"

then again i aint that stupid

(mod if those jokes make it sound bad for me please delete them)

my next trip will be to the local toyota main dealer and let them inspect it i thinks, with a quote to have it repaired to send to the garage who sold it. if they want to fix it thats fine, but i want it done to a proper standard.

cheers

[tintin]

Best of luck mate, hope it works out ok for ya.

Alan

[sv1000spilot]

Having had trouble with a stealer in the past that sold me a defective vehicle, if you have legal cover with your insurance ask them for advice. Also get the paperwork from the local small claims court, any cost will be repaid when you win. I think it was £50 to start with, plus maybe a coupe of other fees later on, but that was few years back.
Keep records of EVERYTHING you do from here on in, don't use the phone, either write letters or email, that way you have hard copies of all that is said.

[That Ruddy Squirrel]

Having had trouble with a stealer in the past that sold me a defective vehicle, if you have legal cover with your insurance ask them for advice. Also get the paperwork from the local small claims court, any cost will be repaid when yopu win. I think it was £50 to start with, plus maybe a coupe of other fees later on, but that was few years back.
Keep records of EVERYTHING you do from here on in, don't use the phone, either write letters or email, that way you have hard copies of all that is said.

Well said, that's good advice

[andyw]

sorry to ask but any info where i could find out about the small claims local place?

cheers

[sv1000spilot]

Usually in county court

best bet is look in phone book for your nearest court and ask if they have small claims department or where nearest is.

http://www.hmcourts-service.gov.uk/i...aims/index.htm

[andyw]

cheers, never had to do this sort of thing before! so thank you all for your help and advice that I have received so far

[sv1000spilot]

Had to do it few years ago. Bought a vehicle and after 3 months discovered that the head gasket which they had repaired prior to our purchase was duff.

Thay stated that we were out of 3/12 warranty period. At court the judge said that you would expect an engine to last more than 3/12 so we won. Stealer had to pay for the replacement engine & costs

[gwh200]

They cave you a 90 day warranty..... Because the law says they have to. It's so that if you buy from a dealer, you don't pay an inflated price for a lemon. With regards to the sale of goods act.
It says goods must be of a merchantable quality.... Nuff said