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    • The dealer is MK autos ltd in Milton Keynes.   We know the car was serviced by bmw once, as we called to ask but about 2 years ago.  The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner. I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.   Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..   We have paid so far in total £2260 in 6 months.   I am prepared to fight this!!  
    • What is the name of the dealer please? I'm afraid that you seem to have managed to miss certain important landmarks. If a defect occurs within the first 30 days then you are entitled to a refund or a replacement at your option. Unfortunately you didn't assert this short-term right to reject and so you have lost the opportunity. After that, if a defect occurs within the first six months then you have the right to insist upon a repair and if the repair fails then you are entitled to a refund or a replacement at your option. Unfortunately you haven't taken advantage of this. The dealer has claimed that a warranty has expired. It has nothing to do with warranties and in fact warranties tend to be extremely misleading because they tend to lull you into a sense that you have no other rights. This is not true. Under the Consumer Rights Act you are entitled to have a vehicle which is of satisfactory quality – given the price, age, and other relevant factors – and that it remains in a satisfactory condition for a reasonable period of time. On the basis of what you say it seems to me that the defects are serious enough to render the vehicle not of satisfactory quality. However, you are dealing with a dealer who is clearly unhelpful. I don't know why you haven't told us who he is – but you should do. You have taken out finance and although you reached out to the finance company at an early stage, they declined to get involved. They gave you a reason and it seems that you accepted this reason even though you don't seem to understand that the finance company has no friend of yours. Your interests are in conflict with theirs. Under section 75 of the consumer credit act, the finance company is liable to exactly the same extent as the dealer is. The chances are that you may have to take one or other of them to court. You certainly need to be prepared to do so and be prepared to threaten it in the hope that someone will put their hands up – but if they don't then you will go ahead with your threat. Don't bluff. You haven't told us how much you have paid for the vehicle. Also, have you sought an independent quotation for the repair work? On the basis that the dealer is probably going to remain uncooperative then you are probably looking at several months before this is sorted out. The way to deal with it will be to be extremely assertive and aggressive and we will help you if you have the will to do it.  
    • Quick update since it's been 4 months now - they never responded to the letter I sent and the case got passed onto Zinc. They try to phone/text me probably once or twice a week, I have never responded though. Blocking the number doesn't help, seems like they have an endless supply of disposable numbers which is a bit annoying, but whatever 😑. They also send me the occasional email reminding them that I "owe" them money too. I've never received any physical letters.   That's pretty much it. For anyone who came across this post because they're in a similar situation to the one I was, there is absolutely nothing to worry about. Just ignore them. These people are powerless. They'll try to contact you endlessly and it's a tiny bit annoying, but eventually they'll bugger off. Nobody will show up at your door. Your credit score won't be affected. Their whole business is based around trying to intimidate vulnerable people into paying money that they don't owe.
    • It depends from a lot of factors: 1. Is the timing chain a serviceable item, even by visual inspection? 2. At around 50k miles i would expect the manufacturer to step in for a snapped chain. IMO they shouldn't break on an almost new engine. 3. Was the car sold as fsh? From main dealer, vat registered garage or backstreet/tesco car park mechanic? 4. Did the chain break inside the 6 months?
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Hi guys, good morning

 

I have a lease car and got a parking ticket which I promptly appealed, I never heard anything back from the council. It was only until the lease company send me an invoice for £295 that i realised something is wrong and i took this up with the council directly to find out why they never send me the rejection notice. The lease company have paid the council.

 

They replied saying that rejection notice was sent back to them as "returned mail", this is impossible as I get all types of letters come through and even various from the same council.

 

Aside to the obvious of me arguing that I never received the letter, what grounds of arguments do I have? I suspect the council will say they will not refund just on that account.

 

Your advice is appreciated,

 

Many thanks

 

Mehdi

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You don't have any arguments, I'm afraid. The lease company were the debtors, and they settled their debt to the council. You are being charged by the lease company, so provided they are acting within the terms of the contract, there's nothing you can do.

 

As to why their rejection notice was returned to the council undelivered - it could be one of a number of reasons, but obviously it's not impossible, as you state. For example, the postman may have put it through the wrong door, and it was sent back 'not at this address'. Or maybe they put the wrong door number on it. Who knows? Problem is, you were never the debtor, so they aren't obliged to you.

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Hi Jamberson, good evening and thank you for your reply.

 

I have spoken to the leasing company today, informing them of what the council have said and they'll investigate - not holding my breath though!

 

Slight change of subject but still relevant, when a letter goes through the return to sender via royal mail, do you know if the envelope will be stamped or similar to say this? I ask because the council sent me a scanned copy of the letter which on the 2nd page is a scan of the envelope, but it's plain, nothing mentioning return to sender.

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You should use email when you have a lease car, that cuts out the middle man. If you dotn gte a response you get on the phone and badger them into giving a response or take it unilaterally to the appeals service and use their lack of action as a reason.

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Slight change of subject but still relevant, when a letter goes through the return to sender via royal mail, do you know if the envelope will be stamped or similar to say this? I ask because the council sent me a scanned copy of the letter which on the 2nd page is a scan of the envelope, but it's plain, nothing mentioning return to sender.

 

There is usually some kind of marking on the envelope, directing the Post Office to return it - but that's not guaranteed. It depends on the circumstances, which we don't know.

 

If the postie can't make the delivery, usually he/she will put a sticker on the envelope, with tick boxes (addressee gone away, no such address, unable to access property, etc) and ticks it to indicate what happened. On the other hand, if it was accidentally put through the wrong house door, the recipient might have just put it back in the post box unmarked.

 

If you are looking to question whether the council ever sent it, I have to be honest and say it's a very doubtful line of argument. Do you know for certain that both sides of the correct envelope were scanned, for example?

 

The obligation on the council is to send notices. They aren't required to ensure you receive them. There's very little doubt that they generated and printed the letter. If they say they posted it to you, I don't really see how you can counter that.

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So how things have progressed, ever so slightly...

 

I've spoken to Royal mail and they've confirmed that without fail, a sticker or writing will be on the envelope to enable the sorting office or post office to know where and why to route it back. A letter is being sent out from them confirming this.

 

Now, i asked the council again if nothing is on the envelope which they confirmed, but with a broad and sarcastic argument of reply stating we do have a returns address on the bottom left side of the envelope. To which i replied, how would the post office know to send it back to you then.

 

Even if the letter was posted to the wrong address, if they put it back in the post bos surely the post office would send it back out to the address on the front of the envelope?

 

It seems like both the council and lease company are not willing to do anything further but this is not right or fair, both the council and lease company are happy because they've been paid.

 

Can i still raise this to an adjudictor if it's been paid? The council said the matter is closed because payment means accepting liability.

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The council said the matter is closed because payment means accepting liability.
They're right. Once paid any appeal avenues are closed.

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After an email to the council saying how their excuse is stupid and that i will be seeking legal advice, they responded which i do not fully understand

 

"Your enquiry is being dealt as incoming correspondence and case now on hold. A response will be issued within 56 days via post."

 

Maybe this means they're taking it seriously now?

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It's almost certainly an auto-response, it doesn't mean they're taking it seriously since so far no human has read your email.

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oh no, this is definitely not as it came directly from the person i had complained to with their email signature.

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I've spoken to Royal mail and they've confirmed that without fail, a sticker or writing will be on the envelope to enable the sorting office or post office to know where and why to route it back. A letter is being sent out from them confirming this.

 

Now, i asked the council again if nothing is on the envelope which they confirmed

 

Thereby confirming they have received the post back, correct?

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