Hi dx100uk Thanks for asking! As per original post, the main dealer had identified serious issues in the vehicle. Scotia, on behalf of the finance company, then sent an engineer to undertake an independent assessment. As mentioned, I had read some very questionable uncomplimentary feedback online about this company. However, couldn't be more wrong. The Scotia chap had already seen the dealer video, and validated the issues with his own eyes. I demonstrated the power-loss fault in the driveway, and he agreed probably safer not to take the vehicle for a confirmatory drive. He concluded that these issues had not occurred in the 6 months / 800 miles that I'd had the vehicle, therefore must have been pre-existing, supported by the failed MOT just prior to point of sale. He tendered a supportive report back to the finance company. Net result, the vendor collected the vehicle, and I received all of my money back except for one monthly instalment against the sub-1,000 miles usage on the car. Actually, I now have a replacement vehicle with the same finance company (but from a different dealer!) - and this time, I've taken it for a main-dealer health check in the first week!

Thanks both for your feedback. Deposit payments were made to the dealer through debit card, and thereafter monthly by direct debit to the finance company. The reasons for the delay were (1) a (misguided) belief in the dealer's undertaking to resolve the issue under warranty, and (2) workshops being close due to COVID lockdown. The narrative in the letter attached should fill in the gaps in detail. The finance company response requesting an independent evaluation is what prompted the main dealer inspection, which revealed the changed engine - I didn't know this at time of writing the rejection letter, but (1) it further indicates the problems existed pre-sale, and (2) it satisfies me that a warranty fix is not the desired outcome. 210408 xxxxxxx rejection letter [redacted].pdf

Thanks dx100uk for your reply. I'm confused about the "you started this within the 30 days limit" comment. Whilst I notified them within days of the purchase about the EMS light coming on and a repeat of the power loss issue observed in the test drive (hence pre-existing), coupled with a visit to their dealership and also confirmed by email, nevertheless I didn't write a CRA rejection letter until April, being 7 months after the point of sale. I thought the legal obligation was therefore on me to provide proof, given the time elapsed, and it wasn't so simple as just returning the goods and clawing back the DD payments (also I would want my cash deposit). Have I misunderstood, or perhaps my first message wasn't sufficiently clear? (I note it deleted my bullets!) Edit: also my CRA Right to Reject letter was addressed to the Finance Company (owner of the car) - I have not formally written to the dealer. Again, I thought this was the appropriate process, but maybe I'm mistaken? Cheers

Hi there I'm looking for some advice / further support to get this over the line, please. Basic facts: bought a low mileage used car (38k miles, 2013 plate) via hire-purchase finance in Sept 2020 (8 months ago), car had a brief loss of power on the pre-purchase test drive, mentioned it to the dealer's rep in the car, but didn't happen again and they said if there was any fault it would be covered by warranty yellow EMS light came on 3 days after buying and taking possession, told dealer, but with garages closing due to COVID, they said it was a warranty issue but would be safe to drive in the meantime, loss of power issue kept happening, seemingly more so, and on a couple of occasions dangerously when pulling out of junctions and entering roundabouts. called dealer in Feb and told them it was dangerous, they agreed, said to take it to the main dealer, then another of their staff called and instead said they'd collect with a low loader, dealer returned car a few days later "as sweet as a nut" and with EMS light extinguished, fault returned the following day, took it into their garage, where the mechanic admitted they'd done nothing previously other than clear the faults, checked MOT history to discover car had done only 350 miles in two years before I bought it, no MOT in 2019, and had failed MOT in 2020 with EMS light before achieving a test pass having taken advice, decided to Reject the vehicle under CRA 2015 and wrote to finance company citing pre-existing power loss fault and that dealer had chance to remedy but failed, finance company asked for independent review, suggested the good garage scheme, but I thought better to go to the main dealer, so took there and got them to look they found that the engine had been changed, and thrown in with pipes and cables loose and routed incorrectly, and various bits missing, they believed the power issue is due to the EGR valve, but said there could be any number of faults and gave me a report and video evidence, I provided this to the finance company, and said there was no mention of a changed engine in this car, and this was obviously a pre-existing situation. So to present day a different chap in the finance company has called me and said they now want to get their own independent evaluation including whether the fault was pre-existing, via a company called Scotia. I queried how they would know this beyond any of the evidence I've given them already. I've also looked them up online, and they have a load of reviews stating they're "bent" and provide excuses for reports that favour the dealer/finance company. I've spoken to a friend in the trade, he's said the finance company are trying it on, I've got clear rights and evidence, and I should just simplify everything and reiterate that I'm rejecting the vehicle and let them resolve it with the dealer. I'm also concerned that the finance company have told me not to drive the car, which I said I was prepared to do if I could also stop paying their finance, cancel my insurance and declare the car SORN, and instead spend this money on hiring a car. They said that wasn't possible, as I was contracted under the finance agreement. I can't afford to do both! I've been driving the car with incredible care not to pull out in front of anything, but I just want shot of it. I have a feeling this is set to drag on, if it has to go to the ombudsman, they are quoting a 4-month delay before they even open a case. My objective is to reject the car. I'm not interested in some sort of repair now that I have the dealer's feedback that the engine was changed, it's been bodged in, and there are a catalogue of issues just waiting to appear. The finance is not cheap, and the car that I thought was a good deal is actually a huge liability. How should I proceed to best effect? Cheers in advance.

No, never had a visit, and I've not had any cards for a while. Instead I'm being chased via phone and letter by a company called "Castlebridge Credit Management". Their latest letter has advised me that "The Money Shop have indicated that if the outstanding balance is cleared within the next 30 days there is the potential that you may be able to use their services in future" ... oh, seriously?!!

Thanks PGH. Their choice of the verb "call" does leave it unclear whether this is a visit or a telephone call, however given that they're always doing the latter, I anticipate the former! I'll tell the "scroat" to beat it! Will my indebtedness be increased by a "charge" for this visit? Once I can pay the capital (hopefully Jan/Feb), I assume I should transfer the original amount only to them and tell them to sue me for any difference (interest/charges/etc.)?!!! Lamp

Hi I've posted previously. I have an outstanding £750 loan with Moneyshop, taken against cheques from an account that later went into default. I paid interest charges for a couple of months. However, as I missed the latest (November) interest payment as I couldn't afford it, the Moneyshop presented the cheques which the bank then refused to honour. The Moneyshop took November's interest payment of £117.50, plus a further £75 charges, without permission from my wife's bank account, as I had used her debit card the previous month (I've since cancelled the card!). I answered their calls initially and tried to negotiate a position, but they were not interested and very abrupt. I then told them to write to me, and I have since opted not to answer their calls. I have not received any letters, but have subsequently received a card from their head office advising that they "have instructed [their] agent to call" this Thursday. I don't deny the debt, however I need time to repay as the bank default effectively wiped out my banking facilities. I want sensible discussion on the options, rather than inane bullying and shows of strength. Who will "the agent" be ... a bailiff? And what rights will they have, and do I have? I can't imagine it'll be a visit for a cup of tea and a chat!! As I understand, I should not grant access. As I also understand, they can't do anything until they've obtained permission from the court, and if they sought this I would be contacted in advance of any hearing as the defendant? Is all of this true, and can I therefore meet him outside and simply tell him to go away, and to advise his/her client to put things to me in writing? Any advice in advance of Thursday's "visit" would be most appreciated!!! Thanks, Lamp

... just out of interest, are the original bank within their rights to return guaranteed cheques because they are drawn on a defaulted account? There stance is that I acted fraudulently because the cheque date is after the account went into default. However, I wrote the cheques prior to the account going into default, but omitted the date as required by the payday loan company. It was the loan company therefore that inserted the date prior to cashing the cheques. I only ask as it would be the easiest solution for the bank to honour the cheques and add to the total default sum.

Thanks RobJam and MsW for your replies! Yes I've opened a new bank account (and will certainly not allow the Money Shop to get the details!), and the previous one is in default, yet their "solicitors" readily agreed to £50pcm repayment pending my re-employment, which in itself is a result as I was previously paying £280pcm to service the loan. Also, I'm not seeking advice on the car HP. I believe each party's rights in the contract are clear to me, including the impact of early termination of the contract. I have not yet paid 50% of the value for a simple termination of the agreement as allowed for in the Consumer Credit Act, as the HP includes a large final installment which is just less than 50% of the financed amount, however I have paid more than 33% so the hirer cannot repossess without a court order. Shortfall losses are only covered by the hirer at the end of the agreement, hence I need to keep it going until March 2010 to avoid a negative equity situation and a bill for the shortfall. This is a bigger issue than The Money Shop, and the one I am trying to tackle first. If I am successful in negotiations, they might accept a payment which only partially clears the arrears and agree to defer or spread the balance. The real question relates to The Money Shop, and what success I might have with them in agreeing some repayment outside of the monthly £112.50 carry-over charge. If I end up paying a chunk of my lump to the car HP, I cannot clear the £750 capital owing to the Money Shop as well. 1) is there a precedent to them accepting some alternative repayment method, given that the original agreement must be void as the cheques have been returned? 2) do they tend to seek a court judgement - I'd be quite prepared to voice opinion in front of a judge if they fail to accept a reasonable proposal. 3) how were they allowed to take unauthorised debit card payments from my wife's account? This means that they must have stored the CVV on their system, which I also thought was naughty. (note: I'll ask her bank for a new card!) 4) I can't find the T&Cs for my "cash til payday" agreement with them - are there any copies on the internet? Thanks again Lamp

Hi I was made redundant from a well paying job several months ago, and have struggled to get back into full-time employment (a matter that should change in the next month or two). Since redundancy, I put in a claim for benefit, which was unfairly disallowed, and I had no income and no resources for several months, and debts, arrears and charges spiralled around me. This culminated in my bank closing my facilities and registering a default. Last week the benefit decision was overruled on appeal, which has given me a small lump of backdated money with which I need to appease as many debtors as possible. A few months ago, in desperation and without any cash, I took a Payday loan for £750 with The Money Shop in order to pay my utility bill and buy food and provisions. This was done via a number of guaranteed cheques drawn on the account that later went into default. On the first month anniversary, I extended the loan via a £112.50 payment from my own bank debit card. On the second month, I extended again via a £112.50 payment from my wife's bank debit card, as mine was then in default. On the third month anniversary, mid-November, I didn't have any funds to extend the loan, and The Money Shop wouldn't discuss the matter and told me they would present the cheques. So I let it happen ... I was powerless to do anything else. A fraud investigation company working on behalf of the bank contacted me, and I sent them a letter confirming that the cheques had been written (but not dated, as is the style with The Money Shop) prior to the default on the account. This seemed to appease them, and they said it wasn't the first time they'd encountered such a matter. Then my ex-bank contacted me, and I explained the situation. They pointed out that it was illegal to present cheques when there wasn't sufficient money to cover them, to which I retorted that surely everyone using a payday loan does it for exactly that purpose! I didn't foresee current difficulties when taking out the initial loan. They said that they would not be honouring the cheques, and would return them to The Money Shop. The Money Shop head office then contacted me and asked what I was going to do. I asked them to give me a few days to consider my position (I am waiting for receipt of an element of the backdated benefit). In the meantime, they have (without permission) taken a £112.50 payment, plus additional payments of £25 and £50 (charges?), from my wife's debit card that I had used in the second month. Separately, I also have around £900 in arrears on my vehicle HP agreement, which I must try to keep going until the expiry of the contract in March 2010 when I can offload the car at a guaranteed value. If they move to repossess beforehand, I will get only market value for the car, and a huge negative-equity bill. As I have missed a payment on a restructured repayment plan, they are seeking repayment of the full arrears. So my difficulty is in what to do. The funds available will not cover both the Money Shop initial capital and the HP arrears. I think the HP company might be the more flexible to a partial payment, but the risk is much higher (several £1000 in negative equity) if they're not. Ideally the bank would have honoured the cheques and added them to my default, which I am sorting out separately, but that's clearly not going to happen. Could someone please advise on the strength of my position with The Money Shop, and what they might be prepared to do? I'm not mighty keen on paying £112.50 each month until I can repay the capital sum, but I fear this is what I probably have to do. However, knowing that the cheques will not be honoured, I imagine they too will be after full repayment. Thanks, Lamp Note: I am not trying to deny the debt, just to find the cost-effective and lowest risk repayment strategy.