MotoNovo Finance - Jaguar on HPi with mileage discrepancy

[yogibear1]

They told me over the phone today that they have a call recording and they are sending a letter to confirm they are rejecting my claim and i can go the financial omb as an option if im not satisfied with the outcome

[BankFodder]

Thank you.

When you are in this kind of situation, it is extremely unhelpful that you have important telephone calls where you receive information or admissions which can then later be denied or it can be said that may be you confused the issue.

Have you read our customer services guide? I suspect you haven't so I think that the next thing you should do is it should read it and implement the advice there. Presumably you are using a mobile phone of some kind.

I think that you need to get hold of this call recording. It would be extremely helpful if having read our customer services guide you could implement the advice and then have another phone call with them – you do not need to give warnings that you are recording – and discuss again their call recording so that you have your own recording of the fact that they have admitted it.

What is interesting here is that they have apparently told you that they were aware of a mileage discrepancy – so I understand that it was they, the finance company, which first brought the possibility to your attention – and that they said that they would release the funds when they were satisfied about it. They then release the funds which I think is an extremely reliable indication that they were satisfied and that there was no issue.

If you have this evidence then as far as I can see you are home and dry. The only problem will be whether you want to go to the ombudsman or whether you want to go to the small claims court.

This can be discussed later. However, you need to get a solid piece of evidence – either a call recording or a letter referring to the call recording by them and that they brought the discrepancy to your attention and that they committed themselves to you to release funds when they were satisfied.

They were the sellers of the vehicle and so by releasing the funds to you so that you could then purchase it from them, I think that there is a clear commitment upon which you could rely that there was no issue – and of course it turns out that they were wrong.

The other important matter which once again you don't have a record of is that they are still saying that there is no HPI issue. They have told you this over the telephone that you have no record of it.

I think you need to be a bit more prudent about your dealings with people. Please read our customer services guide

[yogibear1]

Thank you for the info i have already contacted the Ombudsman they are looking into this.

the problem is the car is on the Hpi as a mileage issue.

i think this should be a good case to answer.

i will be sending a sar request email to them now.

[BankFodder]

When did you contact the ombudsman? Surely the finance company hasn't given you their final response yet

[yogibear1]

I did it a few days ago when they said they needed a further 4 weeks i gave them the info they requested to start the process.

i have a case number to make any updates

[BankFodder]

And in your complaint to the ombudsman did you include the information that you were not aware of any mileage discrepancy until the finance company referred to it and that they said that they would only release funds once they were satisfied. Did you also refer to the fact that they did release the funds and that you took this as an indication that there was no issue? Did you also bring to the notice of the ombudsman that the finance company appear to be unaware of any HPI record even though you have evidence of it in your own hands?

Also, I'm not to clear as to how you managed to begin a complaint to the ombudsman without a letter from the finance company telling them that they had reached a final decision. It sounds to me as if you have had a final response very recently you say you started your ombudsman complaint four weeks ago

[yogibear1]

i told the ombudsman i was not aware of any discrepancy until the finance company said they are looking into one, only then will they fund the car.

I said i tried to sell the car but it's on the hpi register and i would not of bought the car if i was aware of this.

When the finance company released the funds i was at ease as i would of thought there was no issues with the car

[BankFodder]

Okay. Well you are with the ombudsman now and so you are in for a long wait. My only misgiving is that the ombudsman is so limp wristed and so conservative, that they may eventually find against you on the basis that they consider that the discrepancy isn't very serious. Or they may even simply recommend a payment to you rather than ordering the finance company to reimburse you.

To my mind you have a completely solid case to go to the Small Claims Court and there of course it would be no nonsense. It would probably also be quicker than the ombudsman. However, you have started with the ombudsman – and although you are entitled to withdraw the complaint from the ombudsman and decide to go to court instead, if you are not in a hurry then I suppose it would be best to hope that the ombudsman will find in your favour – at least to the extent of confirming that you are entitled to rely upon the finance companies release of the funds on the basis that they thought there was no problem.

If you manage to achieve that then this would be very helpful. Then, if the ombudsman failed to order any remedy other than a full refund plus compensation, I would personally advise you to reject any compromise award from the ombudsman but instead to go to the Small Claims Court.

If you went to the Small Claims Court armed with a decision from the ombudsman that recognised that you are entitled to rely upon the decision of the finance company then you would win hands down and I don't even imagine the finance company would want to get a judgement against them – and they would settle.

So the situation the moment is you are probably waiting for the initial decision from the ombudsman and then maybe come back here to discuss any offer of an award. If the ombudsman finds against you then it is always open to to begin a small claim – and frankly on the strength of what you have told us here, this is what I would do.

It seems to me that you have become very unsettled by the discussion here which has tended to be dominated – I suspect – by people who are connected in some way with the car trade. As you have now moved the complaint to the ombudsman I would suggest that you try to disengage yourself from this thread because I don't think you are finding it very comfortable and much of the advice which is being given here is unhelpful even to the point of being incorrect – in my view.

[Peterbard]

AS said she cannot legally can't sell the car until title is transferred. She cannot say there were current damages, she may be able to complain if and when the car was hers, but until the P is settled it ihs the HP company who need to complain to the dealer.

 

Whilst she has the car, she will be paying contractual payments if she stops the will repossess and chase her for the full amount outstanding. 

 

I would get the car back under VT then pursue costs, outside the agreement.

[yogibear1]

thanks, BankFodder i will take your advice and keep you posted

[BankFodder]

4 minutes ago, Dodgeball said:

AS said she cannot legally can't sell the car until title is transferred. She cannot say there were current damages, she may be able to complain if and when the car was hers, but until the P is settled it ihs the HP company who need to complain to the dealer.

 

Whilst she has the car, she will be paying contractual payments if she stops the will repossess and chase her for the full amount outstanding. 

 

I would get the car back under VT then pursue costs, outside the agreement.

 

This is certainly a course of action which could be explored if the OP needs to get rid of the vehicle. However, I would do it very carefully and make sure all the time that there was a written record and that the finance company was aware that the OP was dealing with the vehicle in this way – under protest – and reserving all rights and that the HP company were fully aware that the vehicle was subject to dispute and that they were likely to be pursued for any losses. This must be made completely clear throughout

[yogibear1]

I received the letter which is absurd they claim i first complained about a clutch? which i never complained about any such thing.

They now say they have a recording from the car dealer and not themselves stating i was told the car has a mileage discrepancy and is on the hpi register this is untrue. I spoke to the ombudsman who said they are looking into this and to add any further info via an email they sent so I have done this.

 

[BankFodder]

Have you sent the SAR?

 

Did they say in a letter that they had the recording?

[yogibear1]

15 hours ago, BankFodder said:

Have you sent the SAR?

 

Did they say in a letter that they had the recording?

 

 

 

I sent a SAR request by email Friday to Motonovo.

 

They said in the letter.... The broker supplied a recording of a telephone conversation which took place between me and the broker on 31st October 2018 and i acknowledged i am aware of the mileage discrepancy found on the hpi check.

 

I was NOT aware the car has a mark on a hpi and the finance told me they are looking into a discrepancy so when they funded the car i took it that everything was cleared up when i collected the car. Nothing in writing to say i am aware, nothing mentioned by the dealer.

Edited May 5, 2019 by yogibear1

[BankFodder]

You need the recording.  Have you sent the SAR?

[yogibear1]

I sent an email stating.

I am formally requesting a subject access request relating to the alleged telephone conversation you have with me about the mileage discrepancy being disclosed to me before i bought the car on finance.

i ask you to provide all of the information about this recorded call as it is required to disclose under the data protection act

 

[BankFodder]

It'll do but it's a bit limiting. You really should be using our template as a basis and sending a widely referenced SAR.

 

[yogibear1]

i will send one recorded post, where can i find the template please?

[BankFodder]

SAR

 

[yogibear1]

thanks, i found it, i will send a recorded letter as well .

[yogibear1]

all done and printed ready to go.

[stinky-pants]

OP, have you actually rung Jaguar about the discrepancy or asked them to plug your car in for clarity ? 

And, are you saying, you were advised there was a discrepancy prior to the finance being released ? 

Edited May 10, 2019 by stinky-pants

[Peterbard]

I really do not understand what is going on here TBH.

 

The OP buys a car for 18K, five months later, no arrears she finds that it has been clocked, yes I can see how that may irritate. But then she says the car is worth 17k TRADE now, that's even with the millage issue.

 

She needs13k to pay off the HP, she could loan the money, sell the car, pay back the loan with a few days interest, and recover the deposit with 5 months free rental under her belt. the HP company would be the ones out of pocket...

[stinky-pants]

But, it hasn't been clocked.... Its clearly a clerical error, a simple discrepancy, look at the mileage for the following year. The OP did a HPI check which showed a discrepancy, they were advised here to ask the provider of the check to research the discrepancy... They haven't, they also haven't asked Jaguar for clarity of the mileage. The OP hasn't done the two most obvious things to support the claim..... WHY ?

[Peterbard]

With due respect to the OP. I don't think anything on this thread is "clear".

 

My point was that whatever occurred there has been little or no damage to the Hirer/buyer.

 

Apparently, the vehicle still has a sale value commensurate with one of its correct mileage.

 

She is not bound to purchase the vehicle, as far as the law is concerned the car is still on hire at this point, there are remedies available under the Act which enable her to return it wit no further cost if she feels she has been sold a lemon.