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Moneybarn Court Claim


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hi all hope you are well,

 

i got a ford fiesta zetec 13 plate on finance from the car people back in June 2017, all running good untill around week and half ago.

 

it wouldn't start at all, not even ticking over,

 

to cut a long story short:

 

Had RAC out to have a look, no joy ( said possibly starter motor)

 

had it towed to local mechanic my dads mate who lives locally , had starter motor reconditioned to find it didn't make any difference... again wont start.

 

had it towed by a local towing company to town to a electric auto technician, said was showing 15 fault codes, wiped it but the errors come back on.

 

auto electrician going to get another auto electrician to have a look, so again needs towing to other part of town where he is.

 

cars currently there now, had a call to say its going to be a "big" job looks like either a faulty wire or ECU. said im looking at £1000+ plus and its got to go to ford. hes going to have a look over the next few days and give me an update.

 

the car only came with 3 month warranty, and the car people dont want to know to be honest, the car finance company cant promise anything has its past the 6 month period, but said she will raise a complaint which can take up-to 28 days.

 

£200.00 down, no car to get to work, later!.

 

looks like i haven't got a leg to stand on to be honest, i haven't got a spare £1000++ they can have the car back but no way i can afford the balance remaining 7000+++. welcome any advice cheers

 

lee.

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what does the dealer say ,  you are outside of the 6mts yes.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, this should be the responsibility of the dealer which sold you the car – assuming that you did buy from a trader. Who did you buy it from?

 

You should get a proper written assessment of what the problem is including a quotation for the repair of the work. If possible get a second diagnosis and quotation for the work.

 

Come back here with the information. You should be in a position to claim back the cost of the work and also the losses that you have sustained so far. Don't expect it to be straightforward. A lot will depend on how persistent you are prepared to be about it.

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Would he get all the money back?

 

It's a 5 year old car and it seems to be an electronics failure.

 

I can understand a proportional return, but I would expect a 6 year life would be argued on the ECU?

 

Don't get me wrong, I would be pushing the dealer, but...

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Which company did the finance...and what type of finance package HP or PCP ? Car People use various companies..... Blackhorse Motor Finance, Santander Consumer Finance and a specialist brokers ?

 

Andy

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hi all i got it from the car people, the company that did the finance is money barn.

the car people do not want to know all they have said its not our problem as the 3 month warrenty is now up..

 

moneybarn after a lengthy conversation have marked it down as a complaint which can take up to 28 days but because its after the 6 month period there's very little that they can do ( their words) .

 

im waiting to hear back from the auto electrician tomorrow see what he says.

i can ask him for the fault codes, diagnostic report ect dont think that will be a problem.

 

friends suggest i go to the car people and request to speak to a manager and make a complaint to the fca if its regulated by them?

its on a 5 year agreement started june 2017, the car is mine at the end of paying for it once the 5 years are up.

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well it IS the car peoples problem

doesn't matter about any useless warranty

that does not remove or replace your statutory rights under CRA.

but you are outside of 6mts.

 

 

Thread title amended for more information

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would think that as the car is now the property of the finance company ( moneybarn ) then they must also fit into the equation ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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oh that would be nice...one over on moneybarn would be great

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I can almost see them wriggling from here :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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just an update, kane at the car people theres nothing they can do i should have got an extended warranty.

 

the car auto electrician said " the cars doing what it wants its a cpu problem" just paid him £80.00 for his time and the other guy for the £30.00 towing fee.

 

total cost so far £305.00.

 

currently in the process of sending a complaint to the ombudsman. the car came with 22,970 miles , so far its showing 32,874 miles.

Edited by lee19921992
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well they are WRONG

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Are you sure the advice you are all given is correct here?

 

Over 10k miles in 10 months, way out of 6 month period - how is OP going to prove dealer supplied car with the fault? Surely the mileage driven since purchase will prove the car has been fit for its purpose etc?

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Are you sure the advice you are all given is correct here?

 

Over 10k miles in 10 months, way out of 6 month period - how is OP going to prove dealer supplied car with the fault? Surely the mileage driven since purchase will prove the car has been fit for its purpose etc?

 

This is absolutely correct. Wear and tear is specifically excluded from the CRA. To just say it’s the Dealerships responsibility is bad advice. Unless you have proof the fault was there at the point of sale then the CRA is irrelevant. You need to take ownership and responsibility for maintaining your vehicle.

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  • 2 weeks later...

Agreed, the advice is somewhat rose tinted in terms of the OP's rights. The fact is that after 6 months the burden of proof rests on the buyer to prove that the vehicle was sold in a condition that made it unfit for its purpose at the time.

 

The subsequent mileage and the very statement in post #1 that 'all running good until a week ago' strongly suggests that the fault was not present when sold and would be easy for the seller/finance co to defend.

 

There is no statutory 12 month guarantee with used goods.

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I think you have to start from zero here. This is a car with 32,000 miles on the clock. If you bought this model from new, how long would you easily expect the ECU to last before it needed £1000 worth of work? I can certainly imagine that if Ford advertised Fiestas and said that these cars will be completely reliable for 32,000 miles and then will need £1000 of work, nobody would buy them. I think this is a reasonable test of the reasonable expectation of a reasonable consumer.

 

I have no idea how long ECU should last – but I would have thought that lots of four fiestas might be running at hundred thousand miles without this kind of problem.

 

I'm not sure we have been told what the car cost. You would be helpful if the OP would tell us. In any event, unless the dealer would like to get into court and tell a judge that the normal life expectation of a Ford Fiesta is 32,000 miles – about three years average motoring – after which you would need a £1000 ECU repair, then I don't think they would be any problem getting a judgement the claimant.

I see people talking here about the "burden of proof". The burden is simply that the claimant has to prove that the vehicle probably had a defect – but in fact the statute simply requires that the vehicle be of satisfactory quality and remain that way for a reasonable period of time.

 

A vehicle which packs up after 32,000 miles and needs £1000 work is not, in my view, satisfactory quality after typically three years. I know this vehicle is old and that and frankly that helps the situation because it means that the vehicle has had very light use and hasn't been thrashed. If the vehicle had put on 32,000 miles in a single year then I think this might alter the circumstances – although probably not in respect of the ECU.

 

For the finance company to tell the OP that he should have bought an extended warranty is completely disgraceful. This is certainly something that I would be reporting as a formal complaint and one would hope that the OP had been recording the calls so that he/she had evidence. (Fat chance.)

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The car is 5 years old, that's 2 years past the period Ford would be prepared to warrant it. If you buy a 12 month travel insurance policy, you should expect to get an extra 8 months for free or then argue that they should have given it to you from the start. I find some of the advice given here is extreme to the point of being unbalanced and unreasonable. The CRA is there to protect the retailer equally, the OP would have to prove without doubt the fault was their at the point of sale for a valid claim.

 

The problem with cars is people buy them on finance, but they cannot afford to service and maintain them correctly, as soon as something goes wrong they are looking to blame someone. This car is two years past the manufacturers warranty, its outside the retailers 3 month ADDITIONAL warranty and its an old car. IMO the owner needs to take ownership for the repair and maintenance of their car. If not, tell the OP to provide proof the fault was there at the point of sale and then ask the retailer to pay. If the OP cannot provide proof then its their problem and they should man up and take ownership.

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BankFodder is spot on.

If it's a cpu problem, Ford head office would be interested to know how it packed up at 32000 miles.

Cpu are very reliable nowadays and have been for a long time.

There's no maintenance on a cpu, so even if the car has not been serviced it won't make any difference.

It's safe to say that if a cpu fails on any car with less than 100k miles and 10 years of age, there's a manufacturing fault.

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  • 2 years later...

I posted a topic about this issue in 2018 but can't seem to find it. Lst.. Mb issued County court proceedings against me for the car i had on finance ( basically the car failed after 9 months) i have uploaded the claimants statement to court , and will upload my defence tomorrow.. just wanting opinions. Thanks 

472157-min(1).pdf

Edited by lee19921992
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Threads merged Lee...if you would read and complete the following so we have all the details in one post...copy the Qs and post your responses back here.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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why o why did you not come here before you refused to pay them after you VT'd?

 

you sadly owe the money. they are correct.

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • Andyorch changed the title to Moneybarn Court Claim
On 04/04/2018 at 03:51, buyer-beware said:

 

This is absolutely correct. Wear and tear is specifically excluded from the CRA. To just say it’s the Dealerships responsibility is bad advice. Unless you have proof the fault was there at the point of sale then the CRA is irrelevant. You need to take ownership and responsibility for maintaining your vehicle.

 

I just noticed this. There is much about it which is wrong. "Wear and tear" is not specifically excluded from CRA. There is no reference in CRA to "wear and tear".

Also, if you want to invoke the protections provided by the CRA for the first six months of ownership then you probably do need to establish that a particular fault existed at the time of sale – although for the most part, this is assumed.

However, in general terms – the statute specifically requires that the car/goods be of "satisfactory quality" and remain that way for a reasonable period of time – in the context of the circumstances of the sale, the price paid and any claims made about the item at the time sale.

 

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