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      Iva with Hanover now been passed to credit expert

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      god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Alfy
      Iva with Hanover now been passed to credit expert

      By Alfy · Posted

      Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Car bought from dealer, broke down 4 days later!

chapman9

By chapman9
in Garage services

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chapman9

chapman9

Posted
Posted

Hi All

Will try and keep this brief,

bought an 02 Chrysler Grand Voyager from a main dealer (not chrysler), drove the car fine for 4 days, on the 4th day, the engine warning lights starts flashing, and engine starts juddering, pull car over and call RAC who says there was no coolant in the car, and when he tried to put some in, it was leaking from the rear of the engine.

 

Took it to a garage today who said the head gasket has blown, but would have to take to specialist as it's a v6 and can easily cost 2k-3k

 

Called the dealer this morning, and he says there is nothing they can can do and it's our fault (!), (we've only had it 4 days, and driven around 200 miles in it), we were offered a warranty when we bought it for between 1&5 yrs (it would only have covered £1k repairs).

 

Even without the paid for warranty, after 4 days, this shouldnt happen??

 

Spoke to Consumerdirect and they said that you shouldnt have to buy a warranty, and as it's only 4 days, we have more of a comeback to the garage.

 

Any advice would greatly be appreciated..

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gazhodge1981

gazhodge1981

Posted
Posted

Hi,

I am sorry to read your story :shock:

I have worked in the motor trade for 6 years now and they have to offer you so sort of free warranty, even if it's only 30 days. Does it say anything on the order form or paperwork the garage gave you??

Your purchased would be covered under the sale of goods act and not fit for purpose. Your local trading standards are a good place to start as they will give you advice and even investigate for you.

As for your fault, I really don't see how as a head gasket goes over time (not 4 days), they are just trying to get out of paying for the repair as it is a major job (maybe more than you paid for the car)

If i was you I would contact trading standards and then tell the dealer they either fix the car or refund you all of the money you have paid for the car, They really don't have a other option tbh.

Hope this helps

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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sailor sam

sailor sam

Posted
Posted

Consumer Direct are spot on. Very simply contact the dealer and give him one of 2 options; 1) he carries out the necessary repairs or 2) gives you a full refund. Indicate that you will await 7 days for the offer of either or you will reject the car under the SOGA. Follow this up in writing and send by recorded delivery.

 

As a matter of interest how much did you pay for the car and how did you pay?

 

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sailor sam

sailor sam

Posted
Posted
Hi,

I am sorry to read your story :shock:

I have worked in the motor trade for 6 years now and they have to offer you so sort of free warranty, even if it's only 30 days. Does it say anything on the order form or paperwork the garage gave you??

Your purchased would be covered under the sale of goods act and not fit for purpose. Your local trading standards are a good place to start as they will give you advice and even investigate for you.

As for your fault, I really don't see how as a head gasket goes over time (not 4 days), they are just trying to get out of paying for the repair as it is a major job (maybe more than you paid for the car)

If i was you I would contact trading standards and then tell the dealer they either fix the car or refund you all of the money you have paid for the car, They really don't have a other option tbh.

Hope this helps

 

Not quite so. Under the SOGA (and you should know this having worked in the trade for 6 years), any defect (ex wear & tear) which occurs within the first 6 months of ownership is assumed to be present at the point of sale. It would be for the seller to prove that the defect wasn't a known or present defect at the point of sale. The responsibility to the consumer lies with the seller not any warranty comapny. It is a breach of the SOGA for a trader to reduce a consumer's rights by implying a warranty replaces them.

 

I do concur with the rest of your post.

 

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gazhodge1981

gazhodge1981

Posted
Posted

I never said they have to provide a warranty under the soga. The SOGA could be used if needed. I only pointed out that as a main dealer they should offer at least 30 days. Thats why the order form and paperwork needs to be checked. (not that it really matters) You will find that unless it is an extended warranty sold by the dealer, then it is the dealer who will underwrite it as it such a short term. Depending who the main dealer is then for sure they cover the cost. (If we are talking about a small dealer then yes they would use a warranty company)

As for the options of the dealer then they only have the two 8-)

IT'S TIME FOR US LITTLE PEOPLE TO FIGHT BACK:)

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heliosuk

heliosuk

Posted
Posted

I think you have misinterpreted hodges post Sam. I read into his initial post everything you point out in post No.4.

 

However, as you know I am highly critical of SOGA particularly in respect of the assumption that a fault existed at the point of sale for 6 months after. Interestingly you add excluding wear and tear. The definition of wear and tear is subjective and is related to the price paid for the vehicle and the failed item in question. Whilst in most cases it is probably safe to assume that the fault did exist, and this is there to protect the consumer, at no point does anyone who quotes this "6 month assumption" point out that if the "dealer" challenges it it changes things a lot. The dealer might have to prove the problem was not there at the time of sale for a 6 month period but there is a tendancy I feel to lure people into a false sense of security by saying automatically it's the dealers problem. People who post this "assumption" need to add the proviso it's not challenged.

 

We have seen a same said scenario on the forum just recently!!

 

In the OP's case however it's pretty clear cut I'd say but I would question the chatges involved which the dealer is also bound to do.

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sailor sam

sailor sam

Posted
Posted

I agree that SOGA is not as clear as it could be but it is in place for a reason. Saying that 'They have to offer you a warranty' is simply wrong. As you know warranties are merely insurance policies which have many 'get out clauses'. In any event, a warranty does not replace the consumer's statatoury rights under the SOGA and a dealer is not allowed to reduce (or attempt) to reduce those rights. What the dealer should do is give the consumer good after sales service and there are many cases where sellers donh't want to know such as in Ardams case where the seller didn't even inspect the car. How can we possibly know whether a dealer is reponsible for a repair or not if he dosn't even investigate? Oh and i say ex wear and tear as I don't think that genuine sellers should be be liable for things like clutches/brakes ect which have been worn out by poor driving.

 

In this particular case, there is no question that the OP will benefit fom SOGA in court if it goes that far. I am still interested in knowing how much the OP paid for the car.

 

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chapman9

chapman9

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hi

 

we paid £3000 for the car.

 

update- i got a mechanic to look the car over, just looking under the engine and he confirmed it is a blown headgasket! he agrees the fault muct have been their at the time. so after numerous phone calls to the dealer and no response we have to write to them stating they have 7 days to refund. we did want the car repaired but after all the messing about we just want the money back now. so they now have till wed to refund.

 

what happens next if they dont? i have to get back to trading standards but will happen next?

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chapman9

chapman9

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hi all

 

well no communication from dealer with the 1st letter so as advised we sent the 2nd tues which they received wed, if still no response we are to send a 3rd then if that ails a 4th threatening court action. which is the one their probably gonna take more notice of. if it turns out that way we quite happily claim any compensation as obviously we are still without a car.

stress we could just do without rearly from something that could have been settled so easily.

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chapman9

chapman9

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trading standards are the ones who advised 3 letters then the 4th threatening court action.

i also think 3 is adequate. more than enough rearly considering how un co-operative they are.

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chapman9

chapman9

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the 3rd letter has now been sent, if i dont hear from them by next wed we are are going through the small claims court.

ive also contacted the rmif which wasnt even worth the phonecall. surprisingly not they got through to the director of the garage who said he is writing us a letter basically saying how its our fault and how we should have avoided the situation. so will await whatever crap hes wrote in it.

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chapman9

chapman9

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recieved a letter from the garage.

basically hes accusing us of driving the car whilst knowingly a red light i on apparently>?? no way would i carry on driving it knowing i only had it 4 days stupid man. then he says no insurance company will pay out for a driver error.

he hasnt even requsted the car back to look at it but yet is accusing me of blowing the headgasket!

thursday ive now got to submit a claim online and start court proceedings. wish us luck

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sailor sam

sailor sam

Posted
Posted
recieved a letter from the garage.

basically hes accusing us of driving the car whilst knowingly a red light i on apparently>?? no way would i carry on driving it knowing i only had it 4 days stupid man. then he says no insurance company will pay out for a driver error.

he hasnt even requsted the car back to look at it but yet is accusing me of blowing the headgasket!

thursday ive now got to submit a claim online and start court proceedings. wish us luck

 

Has he stated in the letter that they are refusing to help of offer a refund?

 

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chapman9

chapman9

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no not stated it in the letter.

i rang him yesterday offering him a last chance to repair the car and he was again accusing me of making the car breakdown and how its gonna cost me a fortune to take it to court etc etc.

 

so im now on the money claim online website and it says am i claiming against an individual or organisation?? this man is the director by the way, can anyone help?

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