Help - Possible Car Repo...

[SL8R]

Hi,

I got a car on hp back in 2008 from what is now Santander.

The car had it's 1st MOT last March and failed dismally, not on the usual tyres, light etc... but worn steering column, steering rack, catalytic converter and other things. Thats ok i thought, i took out there premiere extended warranty cover, so called the garage and was told that is was not covered as the policy states in the small print that the vehicle has to be serviced every nine months (to comply with the policy), as apposed to the normal 12 months.

This was just the start of the problems. My son who is disabled, was taken into hospital for a while and then my parents died... with all the added expense of this, i still had to sort out the car.

As you can imagine i fell behind with my bills and asked Santander if i could make up the 2 months that i missed over 6 months or so. I was told NO. I would have to make it up over three months. I explained that i could not afford this and told them my situation, it was then passed to a DCA called Code Red? I spoke to them and they were even worse. So after ready up on things here i eventually CCA'd them.

The account has now been sent another CCA called Close Assistance? They called me today and asked if i could pay all the arrears today, i said no and said that the accound was under a CCA request and as such, the account should not have been passed to them. He blatently ignored what i was saying and said the were instructed to collect on the account... then he basically said a Mr **** would come to visit me on a certain day next month to discuss payment options and could i have available a copy or list of my income etc, and the vehicle V5 ? Obviously alarm bells started to ring but i just said i will try (stupid i know) but my reasoning in saying that, was the CCA time is up next tuesday, so they would not be able to do anythin if they were in default anyway - but im already regreting agreeing to this as there is obviously a more sinister reason for the visit and V5 being available.

 

Any help would be greatly appreciated.

Edited October 1, 2009 by SL8R
more info.

[cymruambyth]

Hi my first advice would be not to speak to any of them unless you are recording the calls. Have you checked with TS about the car failing its MOT (when in 2008 did you buy it?). How old is the car and how many miles?

I'm not sure about the regs about car purchase and post 2007 agreements.

I would not answer the door on the date in question plus I'd probably park the car away from home and possibly out of site!

Hopefully someone with 'real' knowledge will be along soon.

[SL8R]

Hi thanks for the quick reply.

The car was bought at the end of march 2008. The car was only 2 yrs old.

[Bazooka Boo]

Couldn't find anything about the first company you mention

 

And have found this on the latter company

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/7246-close-assistance.html
 

Seems they are not new to these forums??
 

So you CCA'd one DCA [debt collection agency-code red?] who then passed it on to this company, close assistance??
 

When did you send the first CCA to the first DCA?

If it is more than 12 days ago, then the account is in dispute anyway with the first DCA, and the account should never have been passed on to the second DCA.
 

Time is obviously of the essence here, send the second DCA [close assistance] this letter, and make sure it is sent recorded delivery and print your name do not sign it.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute
 

Then send the first DCA [code red] this letter

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale
 

You might like to print of the following link and add it into the above envelope also!
 

[b][b][color=#000000]Give them the template letter linked below through the letterbox or chained door.[/color][/b]
 

[u][color=#22229c]http://www.consumerforums.com/resour...ep-visit-.html[/color][/u]
 

[b][color=#000000]Tell them to leave as you have nothing to discuss and all communication must be in writing.[/color][/b]
 

[b][color=#000000]Tell them you will call the police if they don't leave immediately.[/color][/b]
 

[b][color=#000000]Remain calm and polite at all times.[/color][/b]
 

[b][color=#000000]Walk away from the door so the visitor cannot try and talk to you. [/color][/b]
 

[b][color=#000000]If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.[/color][/b][/b]
 

Look at getting further advice from Consumer Direct who will have more knowledge on the topic.
 

Know Your Consumer Rights | Consumer Information

[ashmk]

Hi thanks for the quick reply.

The car was bought at the end of march 2008. The car was only 2 yrs old.

 

Your statutory rights say that goods must be of a reasonable quality and last for a reasonable amount of time. It does not matter a toss what the warrenty says.

Your car obviously has not met these standards and you may well have a case.

 

Have a read here for some more info

 

What are my statutory rights? | Consumer Information

 

If you want you could contact your local bbc radio consumer clinic. I listen to 3 counties radio between 11am and 1pm. If you have a case then they will put pressure on the garage to repair it, most times for free.

This is where I listen everyday between 11-1 http://www.bbc.co.uk/iplayer/playlive/bbc_three_counties_radio (sometimes his advice can be poor for other topics but he is pretty clued up with statutory rights.)

Edited October 2, 2009 by ashmk

[SL8R]

Hi thanks for all the help.

 

BB that is correct, Code Red were dealing with it, and signed for the CCA on the 23rd Sept. The same day Close Assistance took the Account over ?

I did explain that the account should not have been passed on, but he just ignore what i was saying and kept repeating that they had to collect on the account.

If signed for on 23rd Sept, 12+2 days= 9th Oct...is this correct?

 

 

on a side note :

I did have a word with a local Vauxhall main dealer regards the car, they said it would be impossible for me to pfove anything, as it wasnt returned straight away. He said the other garage would claim it was wear and tear or the way it was driven .

 

I thought it would be better to get a newer car, less repairs etc...

my car had only had one previous owner, so i assumed it would be ok... i now think the "one previous owner" must have been the "stig" or "Hertz car rentals":roll:.

 

[postggj]

For A Start

 

Sale Of Goods Act

 

Ime More Interested In This Extended Warrinty

 

Do You Have The Actual Policy Document In Your Possesion Ref The Extended Warrinty

 

Seems The Usual Get Out Speak This

 

Was It A Main Dealer Who Sold You The Car

Who Sold You The Warrinty

The Dealer, Finance Co

 

Please Answer Those Questions As Important

[SL8R]

Hi Postggj, and thanks for looking over this for me...

 

 

Yes i have the finance papers and the warrenty doc's.

The car was sold to me by a main dealer, although not a Vauxhall dealer.

[postggj]

When You Say Main Deale

 

Arthur Dailey Type

Nation Main Dealer

 

Pm Me If Needed

 

Who Is The Warrinty Done Through

 

Norwich Union

Axa

Churchil

Fred Bloggs

 

Get The Idea

 

Have You Checked The T&c To See If This 9 Month Service Interval Is Written On The T&c Of The Warrinty Policy

[postggj]

Well From What You Have Told Me So Far , Its Good News

 

The Warrinty Is Not Worth The Paper Printed On

 

Let Me Know Asap When You Have Read The T&c

 

 

Next Question

 

Its Looking Good But What Do You Want At The End Of This

[SL8R]

Hi postggj,will scan the service schedule up ...

 

What do want at the end of this ?

 

Well, all i want is a decent car and the finance company off my back. As said earlier i can and am willing to pay for the car (or another car), but the finance company are chasing me for arrears and the car still need lots doing to it.

Any suggestions would be appreciated, as to which way to play this ...

[SL8R]

Service Schedule T&C's are here.

 

 

 

 

Thanks.

Edited October 2, 2009 by SL8R

[postggj]

Am I Blind But Where Does It State The Service Needs To Be Done Every Nine Months

[cymruambyth]

At the very beginning it says service schedule, under this it states the service intervals are 9 months or 9000 miles

[postggj]

Who Underwrites This Mechanical Warrinty

 

Seems Dodgy To Me

[SL8R]

It is there own inhouse warranty i think. It just stated that they must carry out all services to comply with warranty, and any work must be undertaken by themselves?

[SL8R]

I have also realised after going through everything again, that the extended warranty is wrong?

The comencement date was the date i bought the car, when i should have started 1 year after, as the car was still under Vauhall warrenty for a further 11 months from when i bought it.... So this means the warranty is void aswell ???

Edited October 3, 2009 by SL8R

[SL8R]

Should i scan up the finance docs aswell.... there's probably mistakes there too ?

[postggj]

Please Post Up The Agreement

 

Remember

 

Deleate Personel Info

 

Ill Have A Nose This Week End

[SL8R]

Thanks for all the help... i dont know which way to turn

 

Gap Ins Doc:

 

 

 

Finance Doc's:

 

 

 

 

 

Any help or suggestions would be a great help.

[esmerobbo]

I would certainly look at the fit for purpose on this vehicle it seems to have a lot problems that must have been sold with the car. Also the dealers terms may be deemed as unfair as manufacturers set service schedules and not dealers.

Edited October 3, 2009 by esmerobbo

[SL8R]

After finding out the faults and failing the MOT, i did phone the dealers and complain and was told that they had no way of knowing when they sold it as "when we get vehicles in we just take them for a 10 drive around, if they sound and feel ok, we just put them on thr forecourt".

 

I was shocked.... i would have thought they would check them over mechanically atleast?

[cymruambyth]

I guess there was nothing in the service book and they didn't say that the car had been serviced or anything when you bought it?

Do you have anyone who could look at buying one of their cars from the same salesman and just in passing ask what checks etc are made before cars are sold, which then could add to any evidence?

[SL8R]

I guess there was nothing in the service book and they didn't say that the car had been serviced or anything when you bought it?

Do you have anyone who could look at buying one of their cars from the same salesman and just in passing ask what checks etc are made before cars are sold, which then could add to any evidence?

 

When i bought it, they supposedly serviced it before i collected it.

I had complain to them in the firtst few days, as i went to visit a friend some distance away and half way there the engine/transmition warning light came on, this turned out to be due to them not correctly filling and flushing the hydrolic/brake fluid properly.

 

Also when it failed it's MOT (at another garage), i called them up and asked about the warranty and was told it wasnt covered etc, then was told to take the car back to them for an MOT and they would have a look at it..... Supprise it passed the MOT with them 1st time, they just put all the faults down as remarks!!! .

Decided to have a full service done at the same time... wish i didnt bother now, the service light was still on after the service, when i questioned this i was told only a vauxhall garage could remove that..... strange a friend did it with his diagnostics laptop in 3 seconds !!!

[postggj]

did the car come with a service book

 

little tip

 

check your v5 doc under previouse keeper

 

send them a letter and just ask if they were having any probs with the car