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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Yas123

Strattons of Bournemouth refusing to refund on faulty vehicle

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I am absolutely devastated.

I have lost £2500 to a garage who are refusing to refund me.

 

I bought a vehicle on 24th December and returned it back with all documents on 27th December after the Engine Management Light came on dashboard.

The garage is refusing to accept this fault.

I have lost all confidence in this car and don’t want it anymore.

 

I have sent numerous letters and emails stating my consumer rights but still no luck.

The only way forward is to take it to small claims court.

 

Is there anyone here that can assist me?

I am currently 31wks pregnant and this situation is really stressing me out.

 

I have already contacted Motor Ombudsman, CAB, trading standards who have only advised me what letters to send.

 

PLEASE SOMEONE HELP ME!!! 

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Welcome to the forum. I'm afraid that it's absolutely correct that all the people who you have contacted for help will be unable to help you. We can certainly take you through a more assertive approach if you are prepared to do that.

I hope you won't mind me asking, are you on your own or do you have support from a partner or relative. Although bringing a small claim action – if that is what you need to do – is fairly straightforward, on the other hand if you are dealing with a newborn at the same time then it might be a little bit stressful.

Please will you tell us the name of the garage. Can you also tell us about the vehicle – model, make, age, mileage, price paid – et cetera.

Where is the vehicle now? Are you still driving it?

 


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Hi, thank you for reading my post and replying to me.

 

Name of garage is Strattons of Bournemouth.

I returned the car back on 27th with all documents and both keys.

I am no longer is possession of the vehicle. 


Mercedes Benz, 2006, mileage: 68000, paid £2500 car reg: …….
 

My only option now is to take it to small claims court but I have no idea about all this and need some assistance. 

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I'm a bit amazed that they have accepted the return of the vehicle and yet they won't refund you. Has there been any correspondence which has passed between you?

Have you been talking to them on the phone? Email? Writing?

There is no problem about taking a small claim action. We will help you all the way. But it is best to be prepared and so would like to get more information.

However there is lots of information here about bringing a small claim. If you follow some of the small claims links you will find out the basics about county court procedure.


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I have sent them letters and got email responses from them.

They are denying any issues,

 

they have offered me £2000 as a good will gesture, but I refused it.

 

Why should they keep £500 for selling me a faulty car?

 

I am new on this forum and just trying to navigate around this site to see if I can get some information on how to take it to small claims court. 

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Thank you for those links. 
 

After I took the car back their own garage mechanic plugged in a diagnostic machine and told us that there was an air flow problem to the the engine. It requires a certain part to be fixed.

 

They offered to fix this issue but the 2 days (Xmas and Boxing Day) of being in possession of this car I fell into a state of shock and fear. It ruined all our plans. Therefore it was not fit for purpose.

 

Now they are denying there was any issue with the vehicle at all.

I am a mother of 2 young girls and also pregnant.

I wasn’t gonna risk driving or keeping this vehicle so I returned it without hesitation.

 

I didn’t even bother to call anyone for inspection as it doesn’t take a genius to know that the EML means there’s an engine fault.

This light was not present at the time of sale. 


Hope that made sense.

I’m absolutely devastated.

I had no idea that a registered dealer is able to do this....

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Okay, under the consumer rights act, if a defect emerges within the first 30 days of the contract then you are entitled to the short-term right to reject – which means that you can reject the vehicle and recover your money plus any losses which have been reasonably incurred – such as insurance et cetera.

In case you haven't actually asserted the right, you should write to them and make it clear that you are rejecting the vehicle and you are asserting your right to reject under the consumer rights act. This doesn't mean that they are going to suddenly leap into action but it means that you have they done your marker. Let me say that there is some question as to the extent of the defect and there has been some debate on this forum as to whether even a blown bulb might amount to a defect which is capable of triggering the right to reject. I've come to the conclusion that the defect must mean that the vehicle is not of satisfactory quality. You have pointed out that there seems to be a reasonably serious fault with the vehicle and although it could be repaired in two days, it is likely that that full would mean that the vehicle was unsatisfactory.

If you want to bring an action then we will help you. I've asked you above if we have identified the garage correctly – but you haven't addressed those questions.

Your problem at the moment is that they have your vehicle and also they have your money. They have offered you £2000 as a gesture of goodwill and am wondering whether it wouldn't be strategically wise to accept the £2000 as a gesture and then go on to sue for the remaining £500. Have you incurred any additional losses?


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Yes you have identified the garage correctly. Also I have sent the letters stating my rights as advised by trading standards. 
 

They have sent me responses via email. I have incurred other losses such as £110 for 6mth Road tax but after I transferred the vehicle back I am assuming I will receive a refund for 5months at least. I’m not sure how I can accept the £2000 after I declined requesting a full refund? 

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Has the ownership of the vehicle actually been transferred? I'm not sure how it works. Do you get a tax refund automatically or do you have to apply for it? If you don't apply for it then does the road tax stay with the vehicle?


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The other thing you could do could be to take the car back, get a quote for the repair and then sue them for that. This could be the safest option because it would mean that you would have the car, repaired to a satisfactory standard and then you would be able to recover the cost of repairs from the seller.
I'm a bit worried that they have your car and they also have your money. I'm afraid that looking at the Google photograph of their premises, it's not very inspiring.

Looking at their website it seems to me that they display all their vehicles in some much prettier parking area but on the Google picture it seems to me that they simply occupy a yard behind some corrugated sheeting. You may know better than me about this but I'm worried about them suddenly just disappearing. I'm trying to keep your risks to a minimum

 

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The car is no longer registered to me, I can’t take it back....

 

The Road tax doesn’t stay with the vehicle. As soon as I transferred ownership the tax gets refunded automatically. 
 

I am having difficulty navigating through this site. There’s so much information I can’t get my head round it. So many words I don’t understand. Is it possible to get legal assistance from here?  

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how did you pay for the vehicle?

debit card?

 

we are volunteers ... we don't recommend any solicitors

there are 100's of court claims here in this very same Vehicle retailers and manufacturers forum your thread is in.

 

so you filled out the v5c transfering ownership back to them.?

 

if the issue was resolved..would you run the car?

 

 


please don't hit Quote...just type we know what we said earlier..

 

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I paid for it via bank transfer. 
 

Yes I transferred the vehicle back to them online. I had to otherwise I would lose another month of Road tax. 

They received the V5 and said I fraudulently transferred it without permission.

 

I asked to speak to the owner numerous times before and after sales but was refused any contact.

How was I meant to seek permission? Instead I informed them of what I was doing on a phone call.

Now they are saying that I have devalued the vehicle by adding 2 owners. 
 

There is no way I would take this car back out of fear. 

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I think you are being very over-dramatic.

 

You bought a 14 year old car, and a warning lamp pinged on. These things happen to old cars, its unfortunate but old cars are made of old parts.

It is just bad timing that the sensor has failed shortly into your ownership, but that sensor has been working for the past 14 years. They give no warning when they go wrong, so the fault was not present at point of sale.

The dealer has diagnosed the fault as a faulty air flow sensor. Air flow sensors are items that are very common to fail and cheap and easy to replace, and the dealer has offered to do this for you.

 

An air flow meter going wrong on a 2006 car no way renders the car 'of unsatisfactory quality' and you have no right to reject.

 

The dealer is clearly offering to buy the car back from you, NOT to refund you as you have no right to reject over such a little niggle.

 

Your personal circumstances do not affect your consumer rights.

 

If you read the CRA2015, it does see what makes a car 'faulty' and a failed sensor does not render a car 'faulty'.

 

The CRA2015 is there both the protect the consumer AND the retailer. You have been given incorrect information if you have been told you can just reject the car.

 

The dealer has offered to repair or buy back the car. They have acted fairly and reasonably. Really, what more can you ask for?

 

If I were you, I'd be calling the dealer to apologise profusely and ask them to replace the sensor as they agreed to and then enjoy your car.

Or, call the dealer and speak to them reasonably (as so far, transferring V5, demanding full refund isn't) and if you have 'lost faith' in the car, see if they can put you in a different car on their forecourt.

Or, accept the 2k. Go out and buy another old car, probably older with higher mileage and wait for something to go wrong with that one.

 

Really, a 2006 Mercedes with just 68k for £2500 sounds like a bargain. I'd be wanting it back and repaired!

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I agreed to buy the car with certain faults already e.g parking aid, tyres, and the suspension. Had I have seen the EML before the sale there is no way I would’ve agreed. I’ve had a very bad experience few years ago with this engine light so therefore this is a massive cause for concern for me. I have children to think about. Although the garage mechanic diagnosed the issue they are now denying there’s anything wrong at all, telling me there is no EML even though I have photographic evidence. Would you trust this garage and ANY of their cars? 

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30 minutes ago, Martindef said:

I think you are being very over-dramatic.

 

You bought a 14 year old car, and a warning lamp pinged on. These things happen to old cars, its unfortunate but old cars are made of old parts.

It is just bad timing that the sensor has failed shortly into your ownership, but that sensor has been working for the past 14 years. They give no warning when they go wrong, so the fault was not present at point of sale.

The dealer has diagnosed the fault as a faulty air flow sensor. Air flow sensors are items that are very common to fail and cheap and easy to replace, and the dealer has offered to do this for you.

 

An air flow meter going wrong on a 2006 car no way renders the car 'of unsatisfactory quality' and you have no right to reject.

 

The dealer is clearly offering to buy the car back from you, NOT to refund you as you have no right to reject over such a little niggle.

 

Your personal circumstances do not affect your consumer rights.

 

If you read the CRA2015, it does see what makes a car 'faulty' and a failed sensor does not render a car 'faulty'.

 

The CRA2015 is there both the protect the consumer AND the retailer. You have been given incorrect information if you have been told you can just reject the car.

 

The dealer has offered to repair or buy back the car. They have acted fairly and reasonably. Really, what more can you ask for?

 

If I were you, I'd be calling the dealer to apologise profusely and ask them to replace the sensor as they agreed to and then enjoy your car.

Or, call the dealer and speak to them reasonably (as so far, transferring V5, demanding full refund isn't) and if you have 'lost faith' in the car, see if they can put you in a different car on their forecourt.

Or, accept the 2k. Go out and buy another old car, probably older with higher mileage and wait for something to go wrong with that one.

 

Really, a 2006 Mercedes with just 68k for £2500 sounds like a bargain. I'd be wanting it back and repaired!

Are you telling me that the amount of people I’ve spoken to so far are all wrong? I don’t have right to reject? So a dealer can sell me a faulty car and I have no choice but to accept it? 🤨

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Just now, Yas123 said:

Are you telling me that the amount of people I’ve spoken to so far are all wrong? I don’t have right to reject? So a dealer can sell me a faulty car and I have no choice but to accept it? 🤨

No, that is not what I am saying.

Read the CRA2015. Its there on the Citizens Advise Website. For you to exercise your rights, the car must be 'Faulty'. In the CRA2015 there is defenitions as to what makes a car 'Faulty'.

Under those terms, a knackered sensor does not make the car 'Faulty', so you don't have any rights to exercise.

 

Just because a car has a fault, it doesn't mean that the car is considered 'Faulty' under the CRA. So by the dealer offering to fix the car is them going above and beyond what is legally required of them.

 

Obviously I have never seen your car, so I don't know if the warning light is still there or not.

 

For all I know, you might have driven through a bug puddle and got a bit of water in the air intake. You might have nearly stalled the car and thats confused the engine computer. The battery could have got a bit low. It could be a loose plug on the sensor. It could just be a blip. There are loads of things that can cause the engine light to come on.

 

What most dealers do, is to get the car back and plug it in. Make a note of the code that came up, clear it, and take the car out for a test drive and see if the code comes back. If the code comes back, you know the part is faulty and replace it. Simple as that. Fixed and you're on your way.

 

What I'd be more concerned about is that you are devastated that your warning light has come on, yet you are prepared to buy and drive around in a car with faulty suspension and bald tyres, potentially putting you, your kids, and everyone else on the roads lives at risk because your car has faulty suspension.

 

The dealer has treated you fairly. Pick one of their offers and accept it.

I'd have no problem buying from a dealer that clearly has honestly described the car to you, made you aware of any issues with it, and priced it to reflect the issues hence why it was cheap.

On top of that, when you've gone to complain about an issue, they have gone above and beyond their legal requirement to help you.

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I didn’t drive the car for the short time it was in my possession (Xmas day and Boxing Day)

Was due to spend that time in London with my family but all plans changed due to this light.

 

I have been stuck on a motorway before with my 6mth old baby few years ago. 

There was no way I was gonna risk driving this car down the motorway with my kids.

 

The tyres were not bald, and the suspension was just a little squeaky(nothing major) parking aid was not working(no big deal) 

The engine light could’ve come on for numerous reasons, we just don’t know until we took the car back.

 

the car was not fit for purpose for the time it was in my possession neither did they tell me of any other issues.

I have since found out that they have sold many dodgy cars and so many people have been scammed by them. 

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The point you are arguing isn't 'Not fit for purpose' - that covers things like if you need to tow a massive caravan, and the dealer tells you a Smart car is suitable.

 

The point you are trying to argue is that the car is 'not of satisfactory quality' - A failed 16 year old sensor does not make an old car 'not of satisfactory quality'

 

Just to confirm the timeline.

You bought the car on 24th. You returned it on 27th.

When did the warning light come on?

You've said that you had the dealer plug the car in, but you've also said that you've not had the car inspected. When did the dealer plug the car in for you?

Edited by Martindef

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Warning light came on about an hour after purchasing the car.

I put £30 petrol and taxed the car straight away from the garage. 

It was Xmas eve so garage closed early. 

 

The car was sat on my drive for the following 2 days.

27th morning I took the car back.

 

The diagnostic machine was plugged in to check the fault there and then.

 I was told that it would take more than half a day to fix all issues.

I was not happy with this so decided that I wasn’t willing to risk taking this car incase the EML comes back with a different issue in future.

 

I hadn’t signed any paperwork neither did I receive any warranty on the day of purchase.

I feel as though I’ve been scammed. 

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How do you know I have not communicated?

I went to the garage in person and wanted to speak to the owner but was refused any form of communication.

What would you have done if you were me?

Holidays were ruined, kids upset, hubby can’t get to work with no car.

 

Anyone in my position would demand a full refund.

I didn’t even drive the car.

I lost a month on road tax, £30 on petrol...

 

.it’s like saying it’s ok for a dealer to sell dodgy car but it’s not ok for me to dump it back to them and demand my money back

. I would say it was very foolish of me not to have done any research on the company before hand. 

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You haven't been scammed. You've just bought an old, used car. Old used cars are significantly cheaper than brand new ones as they have had X amount of years and X amount of miles of wear and tear to all their thounsands and thousands of sensitive components. The older and or more miles they have, the more likely they are to need maintainence and repairs.

 

As unfortunate as the timing was, nothing could be done sooner. Everything is closed on Xmas and Boxing Day.

 

The dealer saw, and fitted you in with next to no notice on 27th.

I assume that you drove the car to the dealer, so the car is driveable. Your husband could get back and forward to work using the car (providing the dealer told you on 27th that the car was usable until it was booked in for repair - for a minor issue like a sensor, it very likely would have been).

Did you leave the car, keys and all the paperwork there when you had it diagnosed and they offered to repair? I assume you must have had a conversation about having it repaired as they must have looked up how long it'd take to get the part and fit it?

Or did you drop it back later in the day once they were closed to avoid confrontation?

 

You must have had some form of communication with them. You managed to contact the dealer and go there in the car for diagnostics.

 

Yes, you've had bad experiances with old cars and an engine light. That doesn't mean this car is the same, and you have to give the retailer a chance to repair what is a minor niggle, especially when they are doing this out of goodwill as they clearly understand the inconvenience and frustration it has caused you.

 

I wouldn't say that you are foolish for doing your research prior to purchase. Reviews are often skewed and one sided. For instance, your own opening post in the thread here says essentially that the garage have sold you a dodgy car and have kept £2500 of your money.

Later, it transpires that you bought a car with faults, (no doubt) at a significantly discounted price for the same car without the faults declared. You have no grounds whatsoever to reject the car and the garage have done nothing at all wrong, and have infact gone above and beyond their legal obligations.

 

You don't have the right to dump the car back. To exercise any rights afforded to you, the car needs to be considered faulty under the terms in the CRA2015. Yours isn't. Yes, its crap, but thats old cars. You're lucky that the dealer has offered to fix it for you for free.

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I think maybe I didn’t explain the situation properly. I bought the car with 3mths warranty but no paperwork was given to me. The car already had faults therefore it was already booked in for repairs the following week.

 

I took the car back on the 27th without contacting them so that I could confront them in their office. Straight away some kid mechanic came out with a diagnostic machine to check what the fault is. The initial repair would’ve taken an hour to fix as I was told however due to this new fault the car would be in for repairs for more than half a day. I did not buy this car with this new fault. Had I have known this car had EML on dashboard and it would take that long to repair I would’ve kept my hired vehicle which I was driving for 2 weeks prior to purchasing this car. 
 

You’re saying it’s a minor issue but how do you know? Engine fault could become serious in the near future so I had to think about the maintenance of this. I decided it was not the right car for us as a family. Anything could go wrong with it now that the EML is present. I have a right to take it back if not happy with purchase. I didn’t drive the car at all with the EML because I didn’t want to be accused of causing the fault. I even asked before I bought the car if it is mechanically sound and was told that it definitely is. Now the owner is refusing to communicate so what does that tell you? 

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