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    • Thanks. So effectively you paid by cash. Please follow the link to understand your position when you pay by cash or you paid by bank transfer for a used car or anything else. Of course it's a bit late now – but you should bear in mind in the future and other people who visit this thread will also benefit. The dealer says that you were provided with a copy of the warranty. I think it would be worth asking the dealer the date upon which this warranty was emailed to you. In the meantime, your statutory rights will help you to the extent that you are entitled to buy an item – even a second hand car – which is of satisfactory quality and remain that way for a reasonable period of time. What is "satisfactory quality" depends on all of the circumstances of the transaction. Although this car was very cheap, it was comparatively low mileage for a car of that age. It seems to me that for it to pack up so seriously after only about eight months of ownership and only 200 miles or so, that it was not satisfactory quality. You have had some benefit from it. Even though you only drove for 200 miles or so, that was your choice and you could have driven it more if you had wanted – even though this might have meant that the gearbox would have packed up earlier – but you will never know. We will say that you have had eight months of benefit from it.  This means that you wouldn't be entitled to recover 100% of the purchase price. You would be entitled to recover a reduced sum to reflect the use you have had from the car. If we say that a car of that value/age/mileage should normally have lasted you for, say, three years without any serious defects emerging, then we can say that you have probably had something like about 30% of the use. This would suggest that you would be entitled to recover about 65% or so of the purchase price. In principle this would mean that you might be justified in thinking about claiming about £1700. Of course we don't know what the warranty says. Whether it really does exclude work on automatic gearboxes. The reason it will be interesting to see the warranty and to understand what it provided for is that there is an outside chance that instead of relying on your statutory rights, we might be able to say that as you didn't know what the warranty was about, you were reasonable in assuming that it covered automatic gearboxes. Did you pay an additional sum for the warranty? Or was it part of the deal? I think we need to know more about the cost of repairs to understand whether a repair would cost less than £1700 in which case it might be worthwhile claiming for that – or whether a repair would cost more than £1700 in which case it would make economic sense to recover the £1700 and then move on. So I think that we need to understand when was the warranty apparently sent to you? We need to see the warranty. We need to understand what the cost of repairing the vehicle might be.  
    • With only 12% of Tesco Bank current accounts used as primary accounts, the organisation will discontinue this service from 30 November 2021View the full article
    • Roughly it’s only done about 200 miles since I’ve had it . It was a cash loan and then we bought the car with the cash . 
    • Please notice that I've restructured your post in order to introduce spacing to make it more readable – especially on a small screen. So you bought a car and even before you collected it you had to pay an extra £240 to have a cam belt replaced. So we can say that you paid about £2700 for the car. How many miles has it done since it was bought? Are you able to tell us? When you say you took a loan out for the car, was the loan specifically provided by the lender for the purchase of the car? Or was it a cash loan and you then went on to spend the cash on the car?   Also do I understand that the dealer is proposing to sell the car for a certain amount of money and then to help you buy a new one with you making up the difference from your own funds?
    • Had the cam belt changed before we collected it on 3.12.2020. We stated we never had a warranty and he said oh it should’ve been emailed to you. But I never had it.  Fault is , when driving in auto it switched into manual ( which has only 3 gears ) when you turn ignition off them back on it goes back into auto but happens again after a while and on the display it says check gearbox and a spanner comes up. We took it back to garage they drive round in it all week apparently and it never happened so we had it back and then it then started juddering and cutting out completely and i took pics this time of the error message . Took it back to garage and he said it was the actuator. The car is still at the garage as not sure how to process further . My partner took out a loan for the car but paid on his card . 67,611 miles when bought and I’ve hardly driven it . 
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Unemployed and cant afford charges


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Hi all,

 

I lost my job in December and have been struggling to pay my bills since then. Unfortunately i have been going over my o/d every couple of weeks. Last week they charged me 2x 35pounds for going overdrawn, the thing is, that i'm only getting jobseekers allowance every 2 weeks and it doesn't even cover my loan. As soon as my benefit comes in it gets taken by the charges. I have also been charged for going over again this week and the charges themselves keep making me overdrawn resulting in more charges. I went in to speak to them in my local Bank of Scotland and they couldn't care less.

 

I was told by the job centre that it is illegal for them to take my benefit as it is for me to live on. I have credit cards that are maxed out and can't afoord to pay, but the benefit allowed me to pay something towards them and now i am totally stuck. I can't keep asking my family for money and i don't want them to know what a mess i'm in.

 

If i had a job i could sort some of this out but i just cant seem to find any. Times are tough. It's all leaving me depressed.

 

Can anyone offer me any advice?

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They won't care. Don't expect them to. Even though it is they who have caused your problems, they will blame you and they will make you pay.

 

The charges are unlawful of cuorse and you will eventually get them back.

For the moment you need to send a letter of appropriation putting the bank on notice that your money is drived from benefits and you need it to live on. You can find it in our bank charges templates library:- The Consumer Forums - Library

 

Do this straightaway and deliver it to the bank by hand and get a receipt. Also send a copy by recorded post.

 

Also, if you can manage the £10, sned an SAR to find out about all of the charges which they have imposed on your account and set about the business of recovering them.

 

You shold also ask them to return on the basis of hardship, the charges which they have taken. They are meant to do this but don't hold your breath.

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  • 4 weeks later...

Thanks for your input. I took letter of appropriation to the bank and guess what? They have never heard of it! I explained my situation and why they couldn't take my benefit and they woman looked at me like i was something she stepped on. She refused to help and barely looked at the letter.She then said that i would have to call the bank, so gave me a number to call. She then kindly let me use the phone in the bank. On the phone they told me i shouldn't be going o/d and that i should cancel my direct debits to stop this! What kind of solution is that?!! If i do that my bills don't get paid and i then end up being chased bydebt collectors as well as owing money to the bank. I was then given another number to call, which then put me in hold, then in a line to have my call answered. I gave up after 30mins. No one wants to help and i am now well and truly stuck. Everyone says the right of appropriation is rubbish.

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I suggest you get another account with a bank that isn't linked to Lloyds-HBOS, and get your benefits paid into it.

 

Then go to your nearest CAB and ask them to look at negotiating reduced payments on the loan. It could give enough breathing space until you find yourself in a better position to resume full loan repayments.

 

Then do as Fodder says and SAR BOS so that you can go about reclaiming charges.

 

Who is the loan with?

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I have a loan with Nationwide at the moment which my mum is kindly helping me to pay. I owe her a fortune. The bank just put 70 quid in charges on my account, then an insurance sum of 4 pounds came out and they are now going to charge me a further 35. It was them who made me o/d in the first place. Until they took the charges, i had enough money to pay the insurance!! I'm so stuck. The truth is, that i'm massively depressed and this is just adding further stress i don't need. I'm going to have my benefit put into another account but this just delays the inevitible. I'm still going to have to pay them eventually.

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