Gav Opened A Can Of Worms - Lotus Denying All Knowledge

[EuropaSman]

Paul

 

As I've put on Facebook in the Evora Owner's Group if you bought the car from Stratstone, have you thought about contacting the parent Company, Pendragon? Stratstone Lotus Leicester might be gone, but Stratstone is still going and the registered office is in Annesley, Nottingham. The contract was between you and the dealer - under current English law the consumer is protected by the Sale Of Goods Act. This means that the vehicle should have been of satisfactory quality (taking into account its age and mileage). So this is the term I'd quote, because it appears your Evora wasn’t. As Stratstone acquired the vehicle to sell on it is their responsibility to ensure that a vehicle they sell is fit for purpose and of merchantable quality.

I had issues with the Europa S I bought from Stratstone Stourbridge when they used to have a franchise. I wrote a letter of complaint to them and got action. If I was you I’d be digging out the sales invoice (which will probably have the terms and conditions on the back of it as well). If it was me I'd have gone to Lotus Cars if I got no joy from Pendragon, but I understand what Lotus are saying - it's a 5 year old used car with more than one owner and clearly they don't have records to support the lights transposition issue at point of manufacture.

 

I've already had frustrations with my Evora within the first 18 months of ownership (a paint issue, failing A/C condenser and now a driver's door handle that doesn't work and aircon which goes from full blast to a trickle on full cold/full face vents after 45 minutes in temperatures over 23 deg C), but I have ways of getting amicable resolutions, normally using robust letters of complaint stating the issue, my grievance and what I want the other party to do about it if verbal negotiations fail.

 

Go in hard with Pendragon stating the Sale of Goods Act instead and carbon copy Lotus Cars if you wish. If you are still unhappy why not report it to Anne Robinson on BBC Watchdog? And please do take Simon up on his offer.

[Meister]

The Seloc thread is now locked. 

Hi Kurt

The SELOC thread isn't locked?

I went to have a nosey to find out under what circumstances it had be locked, but definitely not locked.

Mark

[KurtB]

Oh, ok. Perhaps I've been locked out then??? I post as Elise111S there (note capitals), and asked the mods to call it a day. I thought they'd applied common sense.

[Dr H]

It's not locked for me either. Unless I'm seeing a cached version in my browser. Can't see them locking you out Kurt.

[EuropaSman]

It is locked as there is no "post reply" button for the last comment from GPZarquon on the thread having just cleared my browser cache and refreshed.

[Dennis]

I saw this on seloc, what is involved in sorting the issue, is it really worth the hassle if it is a 'simple' fix?

[Dr H]

It is locked as there is no "post reply" button for the last comment from GPZarquon on the thread having just cleared my browser cache and refreshed.

 

You're right, didn't spot that.

[Simon Mac]

hey si, lotus fobbed my first two letters off, other letters were spell checked lol, they ignored my third, and ignored me on social networks so did an open letter, currently in process of compiling evidence at the moment and reports

 

Well the offer still stands if you decide to go the route EuropaSman suggests of contacting Pendragon.

 

I agree the term is "Robust". Clear and to the point at issue, with some structure, with no threats or flowery bits.  My strategy for these sort of letters is to story board them out, then fill them in. It really helps to keep it on topic. 

 

My layout would look like this.

 

Start: State clearly the grievance, and why you believe it is the recipients responsibility i.e.

The car technically isn't fit for UK roads and you think it is Pendragon's responsibility under sales of goods act to put this right. Whilst you believe it is because Lotus have failed to meet their "Conformity Of Production" obligations under type approval rules, the car was sold to you by a part of the Pendragon group, so the contract was between you and them.

 

 

Middle: Evidence stuff

detailing all the work that has been done on the car.  (keep this to a small section with pertinent points "please see enclosed") Really the aim here is to demonstrate the clam hasn't come off for other works. (from time of your purchase and maybe less importantly from the time the car rolled out the factory, as in this case that's the pertinent timeframe)

also note how much time you have put into trying to deal with the issue.

 

End: A suitable resolution

Is just putting the lights back enough?

Is issuing a technical bulletin to all dealers to check all cars aren't incorrect (effectively asking for a recall)?

Maybe a free factory trip, to recompense you for wasted time ?

 

 

This is a slight variation on the theme given here: http://www.bbc.co.uk/programmes/articles/5q9w4QLX3GCtPx6D5S5yMHb/the-wrong-and-right-kind-of-letter I've just put the "legal belief bit in the opening",  as personally I think the outcomes at the bottom is the thing the recipient should go away thinking about.  However it's a style choice, as long as you do explicitly state the relevant specific terms of i.e. "Sales Of Goods Act" somewhere in the letter.

 

Si

[Meister]

Paul

If you are serious about getting your car sorted, there are some very sensible and helpful suggestions by Simon & EuropaSman here.

Like others have offered I too don't mind helping you or proof-reading your mail.

Mark

[P4N Lotus]

already sorted but yes I will. just need to aquire some additional evidence first . cheers lads

[Dennis]

But what is needed to fix it, if not much sort it and move on, if it is going to cost lots, get an independant assessors report, send this to them asking if they wish to nominate solicitors to accept service or ask them to confirm their register address where proceedings should be issues.

 

I had to do this with SEAT a few years back, 'strangely' despite previously getting knock backs, they sorted the issue.

 

Having said that on other occasions I have just paid up and moved on, life is to short.

 

Remember taking a case against a manufacturer is not as straight forward/easy to win as a breach of contract claim, especially when evidence would suggest the fault was not there at manufacture (sorry but it does unless you can prove the fault was there all along and the 5 or so garages all got it wrong)

 

As above what is involved in fixing it.

 

Out of interest has the car ever lived abroad say owned by someone in the forces?

[Wildspark]

Not sure what to make of all this. Seen the thread on seloc, here, and stuff on FB.

The seloc responses are fairly standard - they're usually quite quick with all manner of comical / sarcastic etc. replies, especially if your spelling or grammar is off!

 

Sorry to see you've had to escalate your problem to such a degree Paul. Hope you get it sorted.

I imagine that most of the seloc lot haven't seen your first post on here, where it all starts very reasonably...

 

In defence of Seloc, most of them seem very decent and are always very helpful with technical problems.

[The Working Man]

I wouldn't get over optimistic about getting any sort of result from Stratstone. A couple of years back, a friend of mine bought a Range Rover from them and without going into too much detail, had loads of bother with it. Stratstone treated him really badly. They constantly lied to him and tried to charge him silly money to fix it.