Close Brothers motor finance section 75

[Lochalsh3]

Hello to all and i apologies if I am breaching any forum rules, any help or advice is greatly received.

 

I traded in my car almost a year ago and purchased a second hand kia optima 2013 with around 75000 on the clock, and 127 a month in HP payments.

 

After 5 and a half months of normal use the engine seized,

the reverse camera and sensors no longer worked

and the passenger seat belt alarm continuously sounds at various times when no one is seated in it.

I had also needed to renew pads and a brake calliper almost 4 months after purchase.

I had not raised concerns to the brake components as they would be considered wear and tear.  

 

Being in the industry I dropped the oil and found it to be extremely thick and probably not circulating to the top of the engine, i.e. the oil had not been renewed in a very long time (there is no oil light on the dash or any indication of fault or maintenance due)

 

I retained the oil filter, and opened a resolver case, with all the faults listed.

Upon contacting the dealer and informing him of what happened he indicated he wanted no responsibility towards rectifying the problem as close brothers were technically the owner.

 

I approached close brothers (18th February)who started the ball rolling and approached dealer again who formally by letter refused liability.

Close brothers sent an engineer to inspect my listed problems, which was all visual as the vehicle will not move

 

after three weeks the report was with my case handler at close brothers.

I requested this report twice but have not seen it.

Close brothers informed me that the report was inconclusive and they would need to move to a more through inspection.

 

At this stage the pandemic hit,

at no point did I stop work and had to continue on charity and the diminished public transport to commute to work (140 miles a week) as no courtesy car or rental was provided. 

 

I maintained contact with close brothers throughout the lockdown,

and was given the same update,

they were waiting for the engineering firm to do an assessment but they were only doing key workers.

Despite me telling them I was a key worker nothing was done until the easing of the lockdown.

 

I was informed that ACE vehicle inspection would contact me to collect the oil filter. 

This happened on the 18th of June and I phoned each week to chase.

I was informed on the 30th that the report was showing as on the portal and my case handler (simon) would look at it and call me back.

I received no call and called on the 1st with the same responses.

 

Today (2nd July) I got Simon who tells me that the report is showing on the portal but when he went to open it, it was not there and he would chase the engineering firm and get back to me in a couple of hours. 

 

 I believe I am being taken for a mug now and am unsure whether I should escalate my revolver case to the regulator or any other advice,

I'm therefore at this forums mercy

any advice will be greatly received. 

[dx100uk]

post 1 spaced thread tidied.

 

what has this got to do with section 75 please?

 

you indicate some of the faults came about within 6mts

and the finance company were informed and have carried out their inspection but you can't access it.

 

so the car has been off the road and useless since when?

 

it's close brothers responsibility to repair the car yes.

are you still paying for it?

 

 

[Lochalsh3]

Hi and thanks for your reply,

 

yes I am still paying the monthly hp agreement.

yes the car has not turned a wheel since February the 14th.

 

I have asked to return the car under the section 75 consumer act as I  had the vehicle under six months, when the faults occurred. My understanding is this process must be followed to determine blame?

 

The first inspection was inconclusive and I haven't seen the report or had access to it, even after asking. 

 

the second report was for the oil filter which apparently we are still waiting on.

[dx100uk]

i'm not sure but i think section 75 is for reclaiming paid sums under an agreement whereby you don't think they were taken legally under the CCA for whatever reason or for where an item was paid for via a credit card which is faulty or not upto a required std and the retailer is ignoring you......, i'm not sure if it applies to HP agreements, but only credit cards.??

 

were there any faults you reported within 30days..

as outside of the above but within 6ths the retailer is entitled to do inspections etc and decide themselves the route they can take, you can't force the cancellation of the whole deal.

 

 

[Lochalsh3]

no faults were reported after 5 and half months so within 6months. So I need to wait for the process?

[dx100uk]

sorry i asked if any faults were reported within 30days?

if no.

yes you have to await the process to run itself through.

 

so..what did you mean by section 75, ...

what are you thinking?

 

dx