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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Help please confused here will i still have to pay

shazbeb

By shazbeb
in Debt Collection Agencies

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shazbeb

shazbeb

Posted
Posted

Hi

On the 01/09/2005 made an agreement with Welcome Finance that they would accept 36 consecutive payments of £150 as payment in full of a hire purchase agreement no 1523039. which is £5400 - luckily i kept of copy of this agreement as they lost theirs!!

 

I managed to pay 31 of these payments then defaulted. leaving a balance of £750

 

When welcome finance contacted me about this they said I owed them £3,585.97.

 

 

I made another payment of £150 at this stage and asked for a statement of account to be sent to me as i disputed the amount.

 

To me the balance is £600.

 

I have received the statement and they never changed the amount owing at the 01/09/05 when i made the agreement with them so in their eyes i still owe £3585.97

 

as they have the amount totally wrong and I still have the agreement that I made with them am i still liable for the difference?

 

If not how do I go about this????

 

Any help would be appreciated as I have to ring them on wednesday with further payments.

 

Thanks

 

Shaz:(

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cashins

cashins

Posted
Posted

luckily i kept of copy of this agreement as they lost theirs!!

 

 

Sort answer is if they haven't got a copy of the agreement, they cannot enforce the debt.

 

CCA them and watch them suffer!!!

 

David

 

PS NEVER talk to a finance company or collector on the phone.

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fedup74

fedup74

Posted
Posted

Dear Sir/Madam

Account no

With reference to the above agreement, I would be grateful if you could send me a copy of this credit agreement. I understand that under the Consumer Credit Act 1974(section 77-99) I am entitled to receive a copy of my credit agreement on request. I enclose payment of £1 which represents the fee payable under the Consumer Credit Act.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the act.

I look forward to hearing from you

Yours sincerely

Send a £1 Postal order, and DON'T SIGN' just print your name. Send it special delivery. They have 12 days from receipt of your letter to send your agreement (or not as the case would be!!:D) Once the 12 days are up they are in default and you don't pay them anything. Good luck:)

 

 

 

  • Haha 1

<<<If I have helped please tickle the scales;-)<<<

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shazbeb

shazbeb

Posted
  • Author
Posted

Thanks I am going to send of the CCA tomorrow, what i need to know is if they send back the original agreement, and say that the second agreement i made with them in order to clear the debt is invalid as i didnt pay all of the 36 payments as promised do they have the right to reinforce the first one??

 

This is where i am confused:confused:

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shazbeb

shazbeb

Posted
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Posted

Their statements confirm what i have paid

 

Im not explaining this very well this is why its confusing

 

My original debt with welcome finance was for a greater amount that £5400 but due to problems in work etc I managed to get them to agree that 36 payment of £150 which is £5400 would clear the debt in full, but i only paid 31 payments.

Because i defaulted on the 36 payments have they got the right to re-enforce the original amount?

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shazbeb

shazbeb

Posted
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Posted

Mr.ton, sorry but im not sure where you are coming from here, the first agreement was signed by me in their showroom when purchasing a car., after not being able to keep up with the finance agreement i negotiated a second agreement with them in full payment (which was considerably less) still secured on the vehicle. Now i have defaulted on this agreement the statement that they have sent to me appears to be the amount owing from the first agreement and they do not acknowledge the second agreement anywhere within the statement.

 

None of this has been done through court so i really dont know where i stand:confused::confused::confused::confused:

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mr.ton

mr.ton

Posted
Posted

Shazbeb..what is difficult to understand by what i am telling you? :confused:

It doesnt matter what you have or havent signed & when etc...i seriously recommend that you bring this matter to a head once & for all by stopping all payments immediately & that the matter be sorted out in a county court - that way you can tell them everything that has happened, produce proof of what you have paid if you have it & then let the CC decide what is best for you.

Welcome finance are only interested in their profits, so if they can lie & cheat with you, thats what they will do.

So let a CC sort it all out once & for all, who will be on your side and take the power away from Welcome Finance once and for all.

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shazbeb

shazbeb

Posted
  • Author
Posted

If they have to go to court then thats fine I can do that i have all agreement etc and receipts for all payments made.

 

Last post if you can confirm that they have to go to court in order to seize my car!!!

 

Thanks in advance:smile:

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mr.ton

mr.ton

Posted
Posted

If you have receipts & proof of everything then thats great - the CC will be able to tell that Welcome Finance have been in the wrong & rule in your favour.

For anyone or any company to take any sort of actions, it has to be authorised by a court 1st.

The laws of this country are there for a reason, use them to your advantage ;)

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shazbeb

shazbeb

Posted
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Posted

Thanks

 

Have composed a letter stating that after receiving the Statement of account from them I am not making any more payments or taking any more phone calls from them regarding this account until they comply to my request for a CCA, as their statement does not acknowledge that second agreement made by them, therefore the balance owing is considerably more.

 

Thanks will keep fingers crossed

:smile:

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mr.ton

mr.ton

Posted
Posted
Thanks

 

Have composed a letter stating that after receiving the Statement of account from them I am not making any more payments or taking any more phone calls from them regarding this account until they comply to my request for a CCA, as their statement does not acknowledge that second agreement made by them, therefore the balance owing is considerably more.

 

Thanks will keep fingers crossed

:smile:

 

Good for you...just be preparred for the threatograms that might start coming your way, not worth the paper they are printed on ;)

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