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Hi All
Can anyone please offer me any advice and help on the above.
I really need some help, what i am entitled to ect.
VWFS finance has already instructed solicitors.
Thanks guys and Gals
Hi All
Hope this helps a bit.
Hi All long story please dont go to sleep, but need help from you clever folk.
In September of last year bought a new Audi
had a couple of probs with it over next few months all sorted out under warranty.
Car had done 8,000 when whilst driving vehicle just cut out leaving me stranded in the middle of a busy 2 lane road. Audi assistance out after about 1 hour, nearly got hit by a skip lorry in process. Audi man took car to bits at side of road and diagnosed bad earth, faulty battery. Followed me to dealerhip vehicle cut out further twice on the way there. At dealership could not find any fault codes but replaced battery, they stated that they did not think that was the cause of the fault. Kept vehicle from 8th till 19th of January.
Must admit fell 3 payments behind with vehicle, befoe and during the breakdowns. Had vehicle back on 19th january after doing about 2o miles and whilst leaving busy car park vehicle cut out blocking most of exit of car park.
Waited for Audi they came out found a fault code GREAT
Taken back to dealership done lots of digging car taken to bits, then at the same time as i rejected the vehicle VWFS decided to stop agreement and keep car. Dealership was just about to order new ECU they think that that might have been the problem, but were stopped from ordering it.
Letter from thier solcs stating i cant reject vehicle due to substatial use of the vehicle. They say all i am entitled to is limited damages and any costs directly caused by VWFS. They still have my private plate which they have not released.
State that they will take court action next week.
Have sent them Subject access request letter, but did not include any fee because i didnt knowhow much to send.
Threatening me with substantial legal costs.
I regret I don't know much about Car Finance...although I do know a fair amount about Cars.
Firstly, send them a proper SAR along with the £10 Statutory Fee. Ask them for every scrap of Data they hold, including the kitchen sink.
One issue springs to mind...if the Car has been unreliable, then it's perhaps highly likely that you have incurred other costs to make up for not having a Car at key times...unless they gave you a Courtesy Car?
The Car is under 6 Months old, and has broken down at least twice, plus additional break downs on way back to Garage.
It doesn't sound like a very reliable Car.
I think you may need to investigate the Sale of Goods Act perhaps.
Sorry this is just general advice, but Car Finance is not something I know much about.
Rejection under SOGA sounds justified IMHO; ( six months or under you do not have to prove anything fact based claim only )
Did you tell them the reasons and give them the full Time line history of the problems in writing ( i know they Know from the records, but it keeps it formal );and the grounds for rejection i.e. faulty, not fit for purpose, unreliable etc. and did you request all monies paid and cancel of HP. send copy to HP co.
You may need legal advise, but would consider starting proceedings yourself to recover the cost or wait for them ( could take forever though, no incentive for them to be quick ) and defend it and if they loose ( which they will ) they have to pay your costs as well.
Hi Mate
Thank you so much for coming back to me.
I have sent them letters and also a SAR request.
I am just waiting for the court papers.
It is under 6 months, do you think i would have a case for winning in court which is what they say will happen next.
They still have kept my private registration plate.
I am really worried about any court action they will take.
1 - "substantial legal costs"... How much are they planning to sue you for?
2 - If you reject the car as inherently faulty under SOGA, then before 6 mths, it is up to them that the car is not faulty, not up to you to prove that it is, which could prove interesting.
3 - Can you give a bit more info about by how much you were in arrears and what happened at the time you say they stopped the agreement and kept the car? If that's the case, what are they pursuing you for? they can't both keep the car and demand you pay for it, so you need to clarify this.
4 - If they do issue a claim, then you can defend and counterclaim for your private plate etc, so don't worry too much.
5 - Can you confirm that the letter is actually from solictiors and not a debt collection Agency? Can you let us know the name and address, please?
As for refusing your rejection for substantial use, well that's not really up to them... You are making use of your statutory rights, so I'm afraid that if they don't want to accept it, they're the ones who are going to have to do a lot of legwork, not you. The only thing that worries me is that finance thing and how it is supposed to all slot together, so please give us the info and we'll try to work it out from there. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
can you please as Bookie says give us more info. on what they are actually claiming of you and what they are seeking redress in court for? i.e. how much and why! they must make their case clear and the grounds fot it or it is just hot air and delaying tactics.
Hi guys
Firstly thanks so much for coming back and offering your help,i will try and answer all questions.
With regard to substantial legal costs.
I presume that they will sell the vehicle so i think that this has to come of the cost. They have given £5k off in interest but the amount is £57, 178.28
With regards to rejection i will try and explain.
After the first Breakdown i was talking with the dealer and stated that i was fed up with the car and talked about rejection but did not go any further, thinking that i would give them on last chance. As i have said i was 3 payments behind.
After the second breakdown the car went to the dealership and i informed them i was not happy, went away to have a think about it.
They examined the car found fault codes and literally took the electrics to bit in the engine bay. They stated that it might well need a new ECU which they would have to send away.
At this point i said to the garage that i was going to reject the car, and also had a conversation with VWFS finance regarding this.
At this point beleive it or beleive it or not and whilst i was out, i only found this out on my return.
My neighbour saw a man acting suspiciously outside my home and called the police, low and behold it transpired that VWFS finance must have faxed a termination notice to someone who tried to personally deliver it, could not because i was not in, when i went to the dealers later it was waiting there for me.
obviously they wanted to get it to me before i could get the rejection letter to them. I did send the letter the following day and have sent the SAR request.
I am worried about the plate beacause my children bought it for me.
The letter is from Bermans solicitors thier address is St marys parsonage manchester.
Hope you can help
Thanks once again all
Rejection of 6 month old car
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Re: Rejection of 6 month old car
