Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Question CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Hi All,

    Not really sure if I can do anything about this, though I have tried!

    Long story short, I stupidly bought a car from CC 12months ago. Saw it online, fell in love with it bla bla! Anyhow, rang up next day - told it wasn't for sale. Rang later on that day to check and, what a suprise, it was for sale! Told them I was interested in it and arranged to view.

    After waiting around for around 5+ hours with 3 bored children, a fed up hubby and agreeing to part with my beloved mondeo (which had been mot'd 2 mths previous). We were all herded to a room to fill the forms in. I was told the amount was £128mth. That was the car finance, insurance, warranty etc. GREAT I thought, I can afford it fine Reluctantly I parted with my mondeo which was taken in exchange and we all trundled off home.

    Imagine my first shock when I received the forms from the finance company stating it would be £188mth!! I duly rang them + said I couldn't afford it and that I was told by CC it was £128!! They removed the insurance and I'm now paying £158mth!!

    My second shock came when I got the MOT done 6mths later. Not only did I need a new exhaust, but also needed a new clutch! I rang CC up and told them that they had knowingly sold me a vehicle with a defect. Of course, they said go to the insurers but they were not liable because of their so called 125 pt check bla bla!! I rang NAC, guess what, not covered, wear + tear!!!

    How did I know they had knowingly sold a defective vehicle? Well, when I got the original documents at pos (MOT cert, V5) the MOT said an advice note had been issued BUT.... you guessed it, I NEVER GOT THE ADVICE NOTE!!! I checked online and, Lo + behold, the exhaust had been mentioned!!!

    Ok, so here's my question...... Can I do anything whatsoever about this? Like I say, I rang + rang but got nowhere with CC (Merseyside) and nowhere with NAC. Surely they are in the wrong for selling a car with a defective part!! BTW it cost me a grand to get fixed!! Its a Landrover

    Can I also claim back the money I've paid so far for the warranty?

    Many thanks for reading (sorry it was so long!) Really appreciate any help or advice offered,

    Jen

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  2. #2
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    I can't see how the agreement you signed at the sales office should be different from the copy sent to you by the finance company. Were you given a copy at the showroom to take home with you?

    The clutch and exhaust are indeed wear and tear, but the mention on the non appearing advisory of the exhaust, although not illegal to sell as it was an MoT pass, was obviously hidden by them not giving you the advisory, and can only increases your case for reimbursement.

    Don't do any telephoning, only correspond in writing.

    What was the exact date of you getting the MoT and your purchase? If that was inside 6 months, and you talked to them immediately then you can write, enclosing a bill, (copies of the garage bill), and say they either pay the bill or you reject the car and have your money back plus what you paid out on the clutch, (they are not entitled to bettermenticon).

    I would leave it at that for the first letter and make sure you send it at least recorded or special delivery.

    See what their response is (although we prob know what it will be), and then we can take it from there with the next letter being a letter before actionicon.

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  3. #3
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Hi Connif

    Thanks for reply
    I bought the car on 1st January 2008 I rang them prior to getting the MOT done + the work as I had gone online to check about the advice note. I had the car checked in May/June as the MOT was coming up - I will update the exact date later today
    I was given forms when I left showroom, no-where did the final balance mention £188 per month

    Thanks for helping, I will get the letter written asap and post up before sending,

    Best regards,

    Jen


  4. #4
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Hi again,

    Ok just went thru my paperwork and this is what I found regarding the MOT + my complaint about the exhaust:-

    * MOT was carried out August 19th 2008

    * I rang (CC) them on 8th July 2008 informing them of my findings regarding the exhaust + was told to ring NAC as they could/would not do anything

    * Rang NAC on 9th July 2008 + told not covered + to take things up with CC

    * Rang CC again on 9th July 2008 + again told nothing they would or could do. Told them I was seeking advice and lady said she would note this down upon my file


    Right, looking at the main paperwork relating to the agreement this is what I found:-

    * PROVISIONAL ORDER FORM - This shows in BOLD the amount per mth as being £128 / 129

    Thers a confusing bit which I dont get how they got the figures, simply put in cash loan (price of car I assume!) It states £4589.00 yet further down it states in cash price inc VAT for new Goods £4689.00!!! The car was secondhand!!!!! And those figures are BEFORE interesticon AND insurance ANd the warranty!!!! Well + truly stiched me up by the looks of things!

    Absolutely nowhere does it mention a price of £188 per month, which is what a letter I received from GE Money stated the amount per month was.

    Like I say, I cancelled the insurance but I still have the warranty attached. I'm confused because the document has 2 different boxes which has Insurance/Warranty/Loan above it!! One says including IPT - what on earth is IPT??? Strangely, this one is for £995.00 but other one is for £748.03!!!

    I will try scan this up tomorrow so if anyone can help that would be really really appreciated, I'm sooooooooo confused, not a clue now as to how much I will actually end up paying out.....

    Grateful thanks to all as ever,

    Jen


  5. #5
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    ipt

    thats insurance premium tax
    that is payable on all insurance policies paid
    if the insurance is cancelled that should have been refunded

    the figures for this tax is beyond me
    HOW MUCH DID THESE INSURANCIES COST

    its normally 10% of the premium payable by the insurance company, not you

    who is the finance company


  6. #6
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Hi there,

    Thanks for reply

    The finance was done through GE Money

    Heres the figures, pls bare with me

    KEY FINANCIAL INFO BOX

    (Cash Loan: £4589.00) (Insurance/Warranty/Loan: £995.00) Total= £5584.00)

    Mthly Pmts of Cash Loan = £129.89
    Mthly Pmts of Ins/W/Loan = £28.16
    Final Pmt(consist of option
    fee + adminicon Fee =£299.00 (total, i not told about this!)
    APR = 26.8% on all except Final Pmt.

    Below that there is another box, here's those figures:

    Cash Price For Goods inc VAT for new Goods = £4689.00
    Cash Price For Insurance/Warranty/Loan = £995.00 inc IPT

    Below is yet another box!! The figures are as follows:

    Total Charge For Credit on Cash Loan = £3449.97, interesticon = £3204.25
    Total Charge For Credit on Ins/Warr/Loan = £748.03, Interest = £694.75
    Thereby giving a....
    Total Charge Credit = Grand Tot of £4198.00
    Total Charge Interest = Grand Tot of £3899.00

    Many many thanks for your help and advice regarding this,

    Jen


  7. #7
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    can you post your agreement please
    deleate personel details but leave in the figures
    google photo bucket

    interested in the total charge for credit on insurance fee/warr/poss acceptance fee

    realy need to see agreement


  8. #8
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Oh also, what it is I not sure about is whether or not the figures for total charge for credit, interesticon are on top of the cash loan!!! by my reckoning that is ummmm omg it is beyond me to eeek!!

    Jen


  9. #9
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Hi,

    Yes I will upload thru my scanner in the morning - really appreciate your help, thankyou

    Jen


  10. #10
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Hi there postggj here is the url were i put the figures up on photobucket

    LoopyLou22 - Photobucket - Video and Image Hosting

    I will also try and post here too,

    Jen


  11. #11
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    bit small
    i can work with that but if possible, can you upload again
    use photobicket upload option without thumbnails
    i believe its second from bottom on the upload link for message boards
    dont forget to upload the default notice


  12. #12
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty



    Cant make any bigger

    Jen


  13. #13
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    ok will try again

    Jen


  14. #14
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    still trying, going to eat then be right back

    Jen


  15. #15
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Hi,

    Have made bigger on the site heres the link, hope this is clearer than before

    http://i443.photobucket.com/albums/q...RAFTDOC001.jpg

    Sorry for sounding thick, but whats the default notice? I have no arrears on my payments, well, not yet anyhoo!

    Many thanks

    Jen


  16. #16
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Just looked and it is a bit clearer on the 2nd link, I had to right click to make it bigger... wasnt sure how to upload as a bigger file

    Thanks for your input, all help + advice is greatly appreciated

    Jen


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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    forget the default notice
    ill have a look at the agreement


  18. #18
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    many thanks postggi,

    anything else u need lemme know, thanks again

    Jen


  19. #19
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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    Oh also, just checked the initial letter from GE Money in relation to paying back on the car finance, they state....

    As specified on your agreement, your first payment of £186.50 includes a £0 Acceptance Fee - a contributionicon towards the arrangement costs of setting up your account - and is due on 2nd February 2008.

    Nowhere that I can see upon the paperwork in the link is there any ref to this payment!! Needless to say, I rang up as soon as I received that and got it to £158 per mth.

    Jen


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    Default Re: CARCRAFT: Am I too late to do Anything? Missold Useless Warranty

    hi loopylou

    ive spotted a few things that i am having checked out so its not gospel , but looking good

    the big con with these agreements is acceptance fee included in the total ammount of credit. that is you are paying interesticon on some thing not conected to the vehicle.
    yours is addmin fee

    the other insurancies also cannot be included in the total ammount of credit also
    double checking that on but sure its correct

    last thing

    the insurancies must be on a seperate part of the agreement.
    in other words

    you sign and date for the car finance,
    then in another section, sign and date again for the insurancies, which must be kept seperate

    ill look up to confirm as well as getting more comments from our more experienced caggers

    looking good

    glad you have sussed photo bucket



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