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Letter - 16 November 2014                                           Home page here

                                                           WITHOUT PREJUDICE

Dear Mr H

                                                                    Car detail

Following collection of the above car, I have noted the following faults:

The ramp is grossly unsafe and is unreliable. It can crash to the ground endangering users and passers-by. 

The car’s tailgate is unreliable and more often than not, it falls to a midway position without warning  .Indeed, there has been an incident involving a passer-by as already notified to you.  I need to carry a pole to keep it stable.  

I paid an extra £500 for automated front ties to avoid the need for me to bend down. They were supplied with a seat belt system to attach to the wheelchair, which involves bending or sitting on a stool.  They thus fail to comply with my original request, and I am rejecting them as not as described.  The refund total referred to below should include this.

The notes claimed to be about my specific car, in the main, do not apply.

I want all these faults fixed within 10 working days. For the entire period I expect you to loan me an equivalent replacement vehicle, so that I and my wife are not without transport. I further expect you to come and collect the vehicle and deliver its replacement to my home address, and return my vehicle after it has been fixed, to my home.

I have been advised by my lawyer to write this letter “without prejudice”, because he foresees that this matter may end up in court. Failure to comply with these terms means that I will reject the vehicle as not fit for purpose and not as described, and expect a full refund of the purchase price, plus compensation for expenses and inconvenience.

Furthermore, I am advised that, in a court case involving injury, I need to demonstrate that I have made serious attempt to ensure the faults are corrected at the earliest opportunity.

It should be noted that I have an expert witness to the ramp fault who is prepared to testify.

Yours truly

Letter 16 November 2014 here      Home page here

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