A CHEF has issued a pre-action protocol letter to Massy Motors as she seeks a $199,000 refund for a vehicle purchased from the company.
Victoria Hackshaw of Williamsville, claimed in the letter, that several times the vehicle malfunctioned while she was driving. She has returned the car.
The self-employed chef has since been relying on public transportation or the courtesies of relatives to transport her to destinations.
The pre-action protocol letter, headed 'breach of contract' was sent from law firm Leon Williams Associates. It stated that in August 2018, Hackshaw purchased from the company’s showroom, a Hyundai Creta for her personal enjoyment and safety.
The letter, addressed to Massy Motor’s CEO, also said that four months later, on December 22 2018, while Hackshaw drove along the highway, the vehicle “started losing power, the gear lever became stuck and the gauges on the dash board began to function sporadically.” With the car’s first service being January 7 2019, it was taken to the company on this January date. A road/quality test was done and the vehicle was returned to Hackshaw with the assurance that it was safe to drive, the letter stated.
It was said that she experienced a similar problem in February. Hackshaw once again took the car to Massy Motors where, as stated on an invoice, road test and oil treatment were done.
On May 16, the second service date under warranty, the vehicle underwent road and quality checks, another invoice stated. The car was once more returned to Hackshaw.
“However on October 16 2019, our client would experience another bout of life threatening experiences as one again the vehicle malfunctioned while she was actively driving,” her attorney’s letter stated.
She took the car back to the company the following day. “After a diagnostic test was performed and there was an adjustment of the adaptive valves by your company, the vehicle was delivered to our client with yet another blanket reassurance of safety.”
The following month however, the letter said, “Our client will once again be thrust into a state of panic and anxiety resultant of the fact of the real prospect of loss of life and or damage to property due to another malfunction of the vehicle.”
Hackshaw took the Hyundai Creta to the company where it has remained since November 25 2019. Two days after this date, she was contacted to remove personal belongs from the car and a week later was offered a courtesy vehicle. She however returned this courtesy vehicle the following month.
Hackshaw said twice she was contacted by the company with an offer of payments less than the $199,000 amount she paid for the car.
In the letter, she called for reimbursement of the purchase price.
Massy Motors replied that it would respond in 28 days, by February 26 2020. This was not forthcoming and Hackshaw has instructed her attorney to file a claim against the company.