Jump to content


  • Tweets

  • Posts

    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      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
        • Like
  • Recommended Topics

Default notice for car finance


Lucifa42
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4532 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

On 27/10/11 our car was written off.

Our insurance company paid out the total loss settlement to the finance company, and there was a shortfall of about 1000 pounds.

We have gap insurance however, and put in a claim with them but it took some time as the Gap company requested a lot of documents so the full claim was not submitted until 18/11/11 and takes 10-15 days to settle.

We have been in contact with the finance company throughout and told them about the gap claim. Incidentally the finance company and gap company are owned by the same parent company.

Last week, on 28/11/11 we received a default notice from the finance company to our great surprise. We have not been in any payments arrears during our time with the finance, our monthly payment was taken as usual on 28/10/10 and again on the 28/11/11 (day we received the default notice).

What I'm asking really is: have they been hasty in issuing a default notice for this? We were more than happy to continue paying the monthly payments until the gap claim had been settled.

We have also been charged 30 pounds for the DN, something we are not happy about.

 

As it is, the gap claim has now been settled today so we are in advance of the date on the DN (12/12/11) so it should be all settled.

Oh and secondly: will this default notice be recorded on my credit record, or does only actual defaulted accounts get recorded?

 

Thank you

Apologies for the formatting in my posts, I do put paragraphs in but the forum removes them for some reason :(

Link to post
Share on other sites

Get onto the credit reference agencies and see what it says on there. If your payments have continued without a break I can't see what the DN is for.

 

Was the write-off a third parties fault or yours? If a third parties, I hope things are in hand to claim back every penny you are out of pocket.

Link to post
Share on other sites

Sorry, I should have pointed out the DN is for breaking the terms of the finance agreement regarding the 'selling on' of the car. I suppose with the car being written off and the insurance company 'buying' it off me this is the clause I have broken. I would have thought though there was a special exclusion for 'selling on' if it's because of a write off.

I will be checking my credit rating as soon as I get home.

 

No third party was involved with the write off.

Apologies for the formatting in my posts, I do put paragraphs in but the forum removes them for some reason :(

Link to post
Share on other sites

Shame about the third party.

 

Be certain that the DN isn't accompanied with some sort of charge for you breaching the agreement.

 

This would really seem like and unfair term in the agreement and the 'un-necessary' default notice and marking of your credit file will have caused you distress and damage.

 

If there is a mark on your CF, then write telling them you want it off, use a court threat if they refuse or just change it to satiisfied and then carry out that threat if they fail to remove it.

 

The Unfair Terms in Consumer Contracts Regulations 1999

 

and

 

The Consumer Protection from Unfair Trading Regulations 2008

Edited by Conniff
Link to post
Share on other sites

Couldn't wait til I got home as I'm worried about this. Signed up for free trial with Experian (date in calendar marked to cancel it) :) and I can't see anything obvious in there about a default. My rating is 999 and there are no sections marked red.

So with it being settled now I should be ok, but still not happy about the £30 - I will write to them about that.

Apologies for the formatting in my posts, I do put paragraphs in but the forum removes them for some reason :(

Link to post
Share on other sites

Lou Cipher :)

check the terms of your agreement re accidents/writeoff. how can the insurer 'buy' the car from you as you say when they have dealt with the finance company and they still have title? the amount they paid out is short of your finance? so, you would be liable for the shortfall? but, your gap insurance covered the shortfall? so, if a default does appear, complain and get it removed.

Link to post
Share on other sites

There are a few CRA's and they don't necessarily use them all, but the one they have used, if they have used one, must be told to you in a letter. Have another look to see if anything is there.

 

Don't let this worry you Lucifa, there is no crime or anything like that here, just a company who thinks they have found a way to make a few extra bucks. This is typical of finance and insurance companies.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...