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About ShaneG2009

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  1. Hi DX That's exactly what we have done but they still insist they tried and failed to get the payment. Their stance and reliance on the Ts & C's is quite unbelievable.
  2. Hi all Hoping someone can help.. . My brother in laws GF wanted to go to Truck Festival - a music event that is held annually in Oxford. She purchased her ticket on a deposit basis to be followed by a number of monthly payments. All going well until the last one for some reason. There were Direct Debits set up for Packman Systems to collect the payments acting as agents for Truck Festival however they have said that they were unable to collect the final payment and therefore her agreement and ticket is cancelled without refund - there Terms & Conditions
  3. Hi I have a 12 month PCP deal due to expire in circa 4 months. I was always of the belief that at the end of such a deal one option open to me was to hand the vehicle back with no ties / penalties etc. (save for damage above normal wear & tear). I have opened by Close Brothers Agreement and its got the following When do the goods become mine? The agreement relating to the goods is a hire purchase agreement and you will only become the owner of the goods when you have paid all the amounts due to us under the agreement. If you wish to own the goods from the outset, this product may not
  4. Hi all A quick update...on the 6th June we exercised our final right to reject the vehicle on the basis the trader and/or motonovo had failed to offer a repair/replacement in a timely manner and without significant inconvenience. I am a member of Which! Legal Services and as part of that membership I have access to lawyer who can offer advise so I explained the full details of the issue, how we've approached things and that we'd exercised our termination rights. I asked which to offer their opinion on whether we'd gone about things correctly and legally and to my delight one of their c
  5. Thanks SteamPowered Last night we gave notice to MotoNovo as per the above that we had terminated the agreement based on their failure to offer a repair / replacement within a reasonable time period and without significant inconvenience. Lets see what their response to that is - I will keep you updated. One thing of note the 'trader' who the van came from keeps pestering my brother in law for so called storage fees. To date we've told him we are not liable on the basis it isn't our problem the combination of him and MotoNovo have taken so long to look into the complaint / defe
  6. A quick update MotoNovo have employed the services of a firm called 'Ace' to review the assumed defective vehicle. Today we've heard via text from the trader who the van came from that the defect did not exist at point of sale. We haven't seen the formal report and have asked for a copy. We did previously notify MotoNovo that the Agreement was terminated because of assumed rights as below:- © the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and witho
  7. I saw the watchdog article. Sadly Vauxhall were only covering up to 7 years old in 2014 so we didn't get there in time (or didn't own the vehicle either). We shall see how things go with MotoNovo...the Team Leader I spoke to was well informed and sympathetic - let's see if this transpires into some form of agreement.
  8. A quick update all MotoNovo have now agreed to have the vehicle in question examined by a third party company to determine if the defect would have been reasonably apparent at the point of sale. They now agree (after many heated calls) that the burden of proof falls on them. Injector failures on a diesel van with 75k miles must be quite rare so I am fairly confident the report will find in our favour (assuming they use an impartial / independent third party who is not geared up to simply give them the answer they want).
  9. Thanks for you're post. I genuinely didn't think the law recognised mileage as a factor, I thought it covered all faults that occurred in the first 6 months.
  10. Hi all An update 1) The agreement is a personal HP agreement between my Brother In Law and MotoNovo. It is not a business to business agreement 2) MotoNovo have issued what they call their final response and say because hes completed approx. 10k miles the burden of proof is on him to prove the defect was there at point of sale. The fault is do to do with the injectors and they say its a wear and tear issue. They also say their regulator would agree with their position - I don't agree. I have argued that the Consumer Rights Act isn't concerned with mile
  11. Thanks for the update, appreciated. My brother in laws business is very much in its infancy. He currently only supplies labour to one contract in London, he has no other sites which he travels to / from etc. The van is insured in his name as a personal policy. I think reading your post and the definitions on the link you provided gives us a robust argument that he is a consumer and the defect identified is covered under the legislation above. I done some internet research last night and it appears that the injector failure is a common fault on the van in debate. So much so th
  12. Mine is an affected model. We've had contact saying we're in a queue that extends more than 10 months. They offered us a discounted new model, think I had to pay £150 - I didn't go for that.
  13. Hi Your post is interesting and I thought I'd update everyone with the latest. So after reviewing the finance documents with Moto Novo it's clear that my brother in law ordered and is paying for the van himself and not via his company. Now on to what might be the sticking point and as referenced above. My brother in law uses the van to commute to/from work in London each day - it is not used for anything else. How do you distinguish between ordinary commuting and using for business purposes. Is commuting a business purpose in the eyes of the law? We'v
  14. Hi Im writing on behalf of my brother in law who bought a used van via his limited company in November last year. Recently its been diagnosed that the injectors in the engine are defective and require replacement. This could be a costly repair. The trader he purchased the vehicle from gave him a 3 month return to base warranty which has obviously now expired. After initial queries the owner has come back and said the sale was a business to business sale and not subject to general consumer laws and the rights associated with this. Im not sure how to respond and could do w
  15. Good point. I did also mention in the email about them confirming what equity was mine. The do buy back using their network of dealers.
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