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About Mottymotto1

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  1. Is there a way me and Anidog1 can keep communicating through this site once without the "hijacking" of a thread? Thanks
  2. Hi, ive never physically gone back to the showroom (so sooooooo tempted to though) as I think this would harm court action and to be absolutely honest, the anger, frustration, problems and stress I have gone through over this issue I really don't think I could control myself, plus I live about 3.5-4 hours away by public transport. I would however love to picket outside especially on their busiest day, Saturday, deterring people from the business. I have a question though. I have never received the V5 so I don't even know if I am technically the owner of the vehicle!! As the car broke down on the day of purchase, Im guessing they didn't even send the paperwork. Does anyone know if this changes anything? Do I need to contact DVLA to see if I am the registered owner? Baring in mind I have rejected the vehicle??!?!
  3. Funny you mention this about the quality of the vehicle i.e. having numerous faults and making up a vehicle on the cheap as I was having this conversation with someone earlier. I believe they may be sourcing vehicles with good looking bodies but shot to pieces underneath, then buying some cheap parts to get them running before selling them off as something they are not at a massive profit
  4. Wow, just looked through those reports and the way I see it is that this example is more than just selling a car not as good as advertised, but his is actually dangerous to the vehicle user. I'm pretty sure this is totally illegal through Criminal Law! I guess his is something you may be able to look into through your firm! I had only used my car for about 60 miles before it died and that was with breaks in-between too and not 1 continuous journey, yet the car was diagnosed by the garage as having catastrophic engine failure - seized engine (also diagnosed by AA when they attended). They also told me the oil was low. When I picked the car up I had to go straight to the Jet petrol station as the fuel was below the empty line. (interestingly no fuel light come on and the BMW I bought had an electrical warning system for the oil which didn't come on either, so Im guessing there was more faults on the vehicle too. The only reason this hasn't been picked up in the report is because HWM were authorising the work, and refused to continue with it after finding out about the engine. Should a full report had been done (not required now) I wonder what else would have been found. Even though I had only done 60 miles, they have told me that I have to prove the fault was already there and not entitled to a refund irrelevant of garage report showing major failure!
  5. I too suspect the "complaints" team is based at the showroom address and I believe is actually the same people at the showroom using a different email address. The 2 guys I spoke to there were Adam and Alan (neither of which looked like their name), and companies house has the owner listed as a Hussain Ali (I think). There was another guy I see there but I didnt get his name. The complaints team or litigation team as I was told, told me that if I wanted a refund I would have to prove the fault was there at time of purchase, and provide a report proving it was there at time of purchase which of course is impossible. I confirmed the Consumer Rights Act regulations on this to them which actually states its up to the seller to prove the fault wasn't there at time of purchase as the law assumes up to 6 months from purchase that any major fault would have been there at time of purchase......I had the car about 4.5 hours! At this point I asked them to provide ME with the report they have proving the cars condition was as advertised and sold to me, proving the fault wasnt there at time of purchase. Funnily enough they never even responded or even acknowledged me.
  6. Hi King12345, I hope you are right, but im not sure if it covers all my other losses due to this issue such as travel costs, loss of insurance and tax due to cancelation etc.. As long as I get the full amount back for the car including deposit I can get another vehicle and chase the remaining £300 of costs through small claims court. I just need my money back so I can buy a car! Im meant to be going on a driving holiday for a long weekend with my family in a few weeks so time is ticking!!! Anidog1, looks like your doing better than I did already, as a complaints handler has given you their name (Peter)! I never got a name of complaints handler even when I asked for it! Adam is the guy at the showroom who I dealt with and is the person I have mentioned in all of my posts. Very nice at first, then he changed when I asked for a refund. He also told the garage that HE employed to pass the cost of the exploratory work plus vehicle holding costs (approx. £500) to me. He told me he would send me the warranty on 3 occasions but never did. He also lied to me and the garage about numerous things, and tried to make a "deal" with me that involved me losing around £1500 and got nasty when I said no way! He was also nasty to the garage staff as they told me he was I quote "A very slippery character and a nasty piece of work". Is that your review on Autotrader?? I have also added a review
  7. From my experience with them it doesn't seem to matter what evidence you have, they wont take any responsibility. If you want your money you will have to take them to court. Im sorry if that's not want you want to hear but its true. I have eb=verything in my favour, absolutely everything!! The law, the evidence, the reports of professionals, trading standards, procedural rule, everything! Yet they refuse to give me a refund, and when I asked them why? they wont even respond with an answer. Absolute **** bags. I made sure everything in writing, no phone calls. Every call that was made prior they denied what they had said, even to me as though I imagined it! They never answered a single question I asked, and wouldn't even follow through a complaint procedure. Im just waiting on response back from credit card regarding what they can refund and then will be opening my court claim for the rest! Im not going to let them get away with a penny! It seems this is there way of doing business and I guess they believe you will let things go, which I guess some people do.
  8. I’ve asked if they are a member of any scheme and met silence. Does anyone know if they continue to withhold my refund if this would be considered as theft? Also they keep going on to me about paying their garage bill and getting the car towed back to them before they agree to refund me. They told me and the garage that the warranty would cover the works that they authorised, but I requested a copy of the warranty 3 times before rejecting the vehicle, and they have never produced it. I’m wondering if they have lied to me and the garage if this would be considered as fraud. Both these acts are criminal and would face a higher court other than civil, and may lead to criminal prosecution. Just wonders if this is true?!
  9. no, I was at work but I cut him off quick as soon as he started trying to go through "details" with me, I just said that I will not discuss this verbally, and he will need to put it in writing to me. At that point he told me he was leaving it with the legal team, and I said in terminating the call then hung up.
  10. Yes I sent them this on 2nd March with a deadline of 16th March. ironically just got a call from the showroom saying that they will give me a refund (not the deposit of £300 or additional costs), if I arrange with the garage to get the car back to them (approximately £700-£800 bill). I told them that they employed the garage not me, so they must pay the bill (the garage have sent them a letter to this effect too). He was suggesting on the phone that I had employed the garage and I reminded him that I did not authorise any of the work, they did, and that this was their bill (the garage is also charging them a daily holding fee too). I told them it has gone too far now, and any info from them they must put in writing. His response was well I will leave that with the legal team then, so I replied I'm terminating the call now. I cant understand why he is calling me with this as he is just reiterating a point made in their last email which I refused to accept in my final reply.
  11. I have called the CC company who have confirmed receipt of my paperwork and evidence. They have told me this usually takes 4 weeks but can take up to 8 weeks for an answer. I guess I'm expecting them to reject it, so will take them to court too if I have to (fed up with being fobbed off by responsible persons so gloves are off now). I have spoken to Citizens advice who have advised me to go ahead with the small claim as well as the s75 so I have the forms which I have completed I just need to get my statement typed up, then I will be submitting the claim. I do know someone in the legal profession who has advised me to write another "final letter" to the showroom with an extension of 2 more weeks to refund, but I feel this is playing into their hands as they appear to be trying to drag things out anyway, so not sure I will do this. Thanks for all the info guys, I will be sure to update on here as things happen so that any other poor unfortunate souls who may be experiencing a similar issue may find the updates useful.
  12. I have sent the cc the s75 claim form a few days back, but worried as I thought it was 100% guaranteed protection if within the criteria.
  13. The main bulk i mentioned was the £300 deposit and £3794 remaining balance. I have also asked them for the additional costs I incurred due to this which totals about £150 (insurance cancellation cost, transportation, etc...) - I dont really care about this but the way they are being I want every penny back! The receipts I have from them the are card receipts from the POS machine which show Hartley Wintney Motors ltd, but the "self made" A4 receipt they printed out shows Hartley Wintney Motors UK. I didnt realise the CC could refuse the s75, I thought this was financial protection governed by law and regulated though the Financial Ombudsman. Everything Ive read on this says that they must honour it (within the set guidelines), and comparing my case to the guidelines I meet the criteria on each point. Im worried now as if they can get out of it im sure they probably will !!! Actually thinking of it, I spoke to the trading standards team at citizens advice who told me I AM covered under s75. One thing I cant seem to find out is guidance on timescales, although one site said I should report to financial ombudsman if process exceeds 8 weeks. Anyone have any clarification on this? Thanks
  14. Ive sent the documentation for s75 too, but this can take a while (and be declined?!?) so I'm chasing this method as well, just in case. Plus there are additional costs I have incurred directly due to this so even if/when I get my main bulk owed back through s75, I will still need to go to small claims to claim the additional costs which have been included with my correspondence to them.
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