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    • Here's Chris Grey's blog on Brexit for June, with thoughts on matters beyond the headlines and bluster.   Brexit & Beyond: Johnson and, um, integrity CHRISGREYBREXITBLOG.BLOGSPOT.COM In my previous post , I argued that I did not think that Joe Biden’s intervention, for all that it was reported to be diplomatically forcefu...  
    • thanks Dx. Yes I am having a look at other threads as well.  
    • You say that you had some communication with Blue Motor Finance. Did you do this on the telephone or in writing? You should read our customer services guide. It's extremely important. You should try to do everything in writing but if you have to do things on the telephone then you should make sure that you make detailed notes of your call and then confirm them in writing. So for instance if your discussion with Blue Motor Finance was on the phone, you should make a note of everything that was said – including the fact that they said that the matter would have to be investigated because the dealer was prepared to carry out repair – and you should send this to be motor Finance with a note confirming that this was the conversation they had with you. It is very important to develop a paper trail. Otherwise everything becomes deniable. The situation is that if a defect occurs within the first 30 days of ownership of the vehicle then you are entitled to reject the vehicle under the Consumer Rights Act. You have to assert this right by contacting the dealer – and in this case Blue Motor Finance – in writing and point out that you are asserting a right under the Consumer Rights Act 2015 and you are rejecting the vehicle. Tell them that you want arrangements to be made to give you a refund of all costs including any costs or interest which has been levied by the finance company. Be tough with the finance company. Don't act as if they are do you a favour. Make sure they understand that you are not in the mood to muck around and you won't wait very long either. Don't forget that in this case because you have purchased the vehicle through hire purchase, it is Blue Motor Finance which is the responsible party. That is going to be helpful because if you had had to deal only with Chobham, you would have had very serious difficulties. In addition to writing to Blue Motor Finance to assert your rights, I suggest that you send them a copy of the article from the daily mail which has been linked above and you can draw their attention in your letter to the fact that this is the company that they are dealing with. You can send these messages to Blue Motor Finance by email. You should do this urgently. This weekend. You should also tell Blue Motor Finance that you have now taken advice and that you now understand that their initial statement that the matter needed investigation and that the dealer was going to carry out repair, is unacceptable and actually unlawful and contrary to the short-term right to reject contained in the Consumer Rights Act. Tell Blue Motor Finance that if they will not cooperate immediately in returning all of your money and cancelling the finance agreement that you will consider legal action against them for breach of contract and also for treating you unfairly country to their statutory duty under regulations developed by the Financial Conduct Authority. You should stop driving the car immediately. How far away from you is the dealer? Frankly you want to get rid of the car as quickly as possible. If you had not had finance in place then we would have cautioned you about this because you could end up losing possession of the car and also not having your refund. However, as you are dealing with a regulated finance company, and of course as the money has been loaned to you and you have not paid a great deal of it back it, your best interests would be in getting rid of the car so that it is no longer your responsibility to maintain, to insure or to generally worry about.   In addition to the hire purchase loan, did you pay anything on deposit? How did you pay? Did you pay by cash or by debit card or credit card? If you're confident then you should drive the car carefully to the dealer and leave it with them on their forecourt. Do not leave in the streets. You should photograph the car inside and out so that there is no argument later on as to the condition of the car when you returned it. If you are worried about driving the car then you should tell Blue Motor Finance that you want them to make immediate arrangements for the removal of the vehicle. Tell them that you are giving them seven days to organise this at the end of which you will charge in storage at £10 per day. This is assuming that you are keeping the vehicle on your own property and not on the road. As soon as you have got rid of the car, you should take immediate steps to inform the authorities that you are not the owner of the vehicle. Make sure that when you return the car it is returned with all its paperwork but you should use whatever portion of the V5 is necessary to transfer ownership away from you. Take copies of all the documentation before you hand them back. If you fail to do this and if the dealer does not change the ownership – then you are at risk of some other person driving it in your name and incurring penalties for road traffic offences or parking offences. That will then give you more complicated problems to deal with as you have to try and convince people that you are not the owner and not the driver of the car at the time. You should calculate exactly what this whole thing has cost you. This means all of your out-of-pocket expenses including the cost of going to see the car, going to fetch it, driving it back, any expense of insuring it or anything else because later on we will help you claim all of this back. Of course you will claim all expenses and fees et cetera associated with the finance agreement. As a matter of interest, how recent is the MOT on this vehicle? Who MOT'd it?  
    • Brexit = United Ireland within 20 years.  Arguable possibility.    
    • Please can you tell us about the car you bought - make/model/mileage/price.   What are the surnames of Nathan and of Alex?   What address are Chobham Central Motors using?   As you will see from this website and from the Daily Mail article -  Downfall of car dealer who sold death traps: Chancer forged court papers and refused to pay refunds | Daily Mail Online WWW.DAILYMAIL.CO.UK Ahmed Alwaheeb's firms sold cars riddled with faults - and which sometimes had government recall notices that required manufacturers to fix safety issues - but refused to refund customers.     You have bought your car from a bunch of dealers who don't seem to be very scrupulous about the way that they operate.  However, you have saved yourself by using a finance company.  I think that you may be the first people we have come across who have not paid cash to this company.   Citizens Advice are right that if your arrangement is a hire purchase arrangement then your action will be against Blue Motor Finance -  Home Page - Blue Motor Finance BLUE.CO.UK     Chobham used to be registered with the Motoring Ombudsman but they withdrew after some decisions against them.   The so called Motorcomplaints service which is apparently run by someone called Alex, is in fact part of the Chobham/EMC etc bunch and seems to have been setup to make customers think that their complaint has been reviewed by an independent arbiter - when in fact it hasn't.   The motor complaints service to which you been referred by Chobham and which is apparently run by Alex should not be confused with the Motor Ombudsman scheme which is a legitimate organisation although frankly it's probably not very useful anyway.   All of this has been reported to Citizen's Advice and Trading Standards many times and nothing has ever been done about them.  Even the Daily Mail article failed to prompt any authorities to take any action   Blue Motor Finance are wrong to tell you that they have to investigate first.  The dealer has no right to insist upon a repair as you have reacted and asserted your rights within 30 days of purchase.   You will have to get tough with Blue Motor and we will help you.  
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Quotation by Agent less that contractor is charging, who should pay the extra?


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I had a quotation for a concrete garage from a local agent, part of the quote included the separate price for the base to be slightly extended and skimmed. This did not say estimate, it said quote.

The person that does the bases apparently does not work for agent but they provide him with work, I'm not sure if they get any commission from his work.

The agent quoted £800 for the base complete with prep to completion and said it would not change. The base builder came to view the job and said its £950 and that hes doing it cheaper as it should be £1100. When the base is done I have to pay him not the agent.

 

I called the agent to tell them as I agreed to have the garage from them based on the overall quote but the person that did the quote was not in that day and the lady said she would inform her when she was back in which was last Tuesday 18th and she has not called me to discuss this as yet, I have a feeling she isn't going to either.

 

How do I stand, should the agent compensate me for this extra £150 or do I have to just accept it and pay the extra? How should I go about handling this situation?

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Have you only had the one quote? 2-3 is the norm....to make a fair comparison.

 

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Yes just the one quote, I usually have several but with this I wanted a local company and I think the prices are similar all over, its a Hanson garage. I assumed that the local company were going to put it up but it became apparent that they just get the sales and then Hanson do the building after the base is prepared, I only found this out afterwards. I don't want to cancel it now as I would still have the same garage and the old was has been taken down now. I think the lady that quoted me is the manager of the local buisiness

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No the work has not been completed, the deposit was paid some time ago when I first got the quote and due to the agents messing up organising jobs and dates its been delayed by 1 month for the garage to be put up.

 

 

The base is due to be done now on 17th Sept, still no call back from the agents on their under quoting the base cost. Do I have any rights to expect them to pay the extra cost of it?

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How did you pay the deposit and was it substantial ?

 

 

You shouldn't talk to them on the phone any further but by letter and if it is an important letter it should be sent by recorded delivery.

 

 

If the company is this bad before starting work, can you trust they will be there for you should something go wrong down the line after completion! I don't think I would trust a company like this especially when there are so many companies that will treat you as a valued customer.

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Thanks for your reply

 

I paid the deposit by phone to the Agent with debit card, it was about £485.00 which went directly to Hansons as its showing as deposit on the order confirmation copy that Hansons posted to me.

 

The incompetence of the Agents who it states are a family owned and operated buisiness that sell sheds and garden buildings and have Hanson garages on show at their site didn't become obvious until after the deposit was paid when things started to wrong with dates, communication, organisation and planning.

 

On the quotation there is also separate quotes for the dismantling and removal of the asbestos garage and one for the fitting of the electrics afterwards, the electric job price is clearly stated as 'estimate' and the word estimate is definitely missing from the garage base skim price.

 

Should I inform Hansons of this problem with their Agents?

 

In the letter to the Agents should I directly ask them to pay the £150 they under quoted for the base to

the builder themselves?

 

I have now found out that the lady that did the quote is the managing director, don't know if that makes any difference or not.

Edited by Lady_K
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Personally I would write to them requesting a refund and if they refuse, do a chargeback on your card at your bank and then start again getting more quotes with reputable companies.

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Thankyou,

 

Hansons garages are a reputable company that the garage is coming from and is being installed by, the deposit went to Hansons via the agents. I don't think cancelling will make a lot of difference apart from me having to go back to the beginning of the wait list and I would still want the same garage anyway so it would just mess things up more. Hansons will cover the guarantee not the agents.

 

Its the £150 under quote from the agent I need to find out about, whether the agents are liable to cover this extra cost as they obviously did not check with the builder first before quoting and now I'm left having to pay the extra which I hadn't expected from the quote

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As they wont want their reputation tarnished, ask them if they can recommend someone for you.

 

 

You should inform Hansons of the discrepancy, maybe this sub contractor is just seeing a way to make a few extra pounds.

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Who actually sent the sub contractor ?

 

 

If it was you found him, then get another quote from others. If it was Hansons, then they really need to know as they will have worked out a price to fit their garages.

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Thanks again

 

The agent sent the sub contractor, Hansons only provide the garage and put it up.

 

I did call Hansons and they told me to call the agent manager and see what she said even though she hadn't called me back in over a week.

 

When I called the agent back again and asked the secretary if she had passed on my enquiry to the manager she said yes and it was up to the contractor how much he charges and has nothing to do with them. I told her it was stated in the quote I received and agreed to so it should have been up to the manager to clear that with the contractor before giving me the quote in the first place then and to please ask her to call me back to discuss it.

 

The manager called back in about 10 mins saying she had just spoken to the contractor and told him that they were prepared to forgo their commission from his work if he would agree to charge me the £800 quoted but I don't believe they would have done this if I had just accepted it quietly and paid the contractor £950, they really should check with the contractor first before quoting or at least state estimate.

 

Thankyou for your help

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You have a legally binding contract that is extant with the agent as regards his quotation provided for the works to be done relating to your garage. The agent’s conscience is irrevocably bound to the same. (as is yours, however, you are not in breach of the same, the agent is)

 

 

Therefore, if the sub-contractor (the base layer) seeks a payment over and above the said quotation, he must look to the agent (main contractor) for any such extra payment, you are not legally responsible for the same, the agent is.

 

 

Send the agent an email and tell him it is his legal responsibility to perform his obligations under the contract with you and therefore he is responsible for the extra payment of £150.00 sought by the builder whom he sub-contracted the works out to lay the base of the garage and that unless and until the agent fulfils his contractual agreement with you he will remain in fundamental breach of the same and that you are considering taken legal action against him if the said breach continues and you will seek costs against him if such action should become necessary.

 

 

Give the agent 7 days to comply with his obligations under the contract.

 

 

Post back here any response you receive from the agent. Do not pay the sub-contractor any money he seeks that is over and above the said quotation.

 

 

ibberty bibberty

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Thankyou very much for your advice, I definitely wont be paying the base layer above the quoted price. I am sure there wont be any more issues with it as the agents have agreed to pay the extra and I only have to pay the base layer the quoted £800, they know they have no choice now.

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