@Inchcapeuk Burton Upon Trent avoiding their consumer obligations

[GoldenGoose]

Cars are an unknown but they surely should have identified the problems I’ve had and serviced the vehicle correctly

[BankFodder]

It doesn't have to be in question of sharp practice. I don't think most firms practice in that kind of way but when things go wrong then they don't really know how to react and they start pulling up the barriers thinking that they are doing their company a favour but they're not.

Final question here – how much of this were you aware of? It seems to me that you should probably go to court on this with an excellent chance of success – but is it at all possible that they will say that you were aware that the car had not been serviced when you made the contract?

[GoldenGoose]

Morning, I have an email mentioning the car getting serviced prior to me collecting but I didn’t ask if it would be the correct service or just an oil change?

I need to check but I think they stamped the book as well!

[BankFodder]

Okay, if the car was due a service when you bought it – and they didn't tell you that it hadn't been serviced then I think that you were entitled to consider that it had been properly serviced and inspected.
You are entitled to have a vehicle of satisfactory quality blah blah taken into consideration any description, claims made, price paid – and other circumstances surrounding the sale.

This is a car which cost over £17,000. We are not talking about an old banger.

If they wrote to you and told you that it had been serviced then I think you were entitled to assume that it was the service for that level of mileage – which according to you would be quite a comprehensive service – and according to them would normally cost over £800. Is that an appropriate summary of the value of the service?

On that basis, as long as you don't find anything to show that the lower level of service was communicated to you then I think that you have a very high chance of success in the County Court if you decide to bring an action.

Furthermore, I can't imagine that they will push you to a hearing for this kind of money. Don't forget that £845 for service probably means that their profit margin is going to be at least one third of that – and probably even more. So the loss to them is very much smaller – against the cost of having to defend this action where on the small claims track they will not be entitled to recover costs.

Quite frankly, the potential loss to them is so small that it tells you something about their estimate of the value of their own reputation. These people are stupid and narrowminded.

If you do decide to take this to court then you will be invited to consider mediation. I can imagine that if it did go as far as mediation – but maybe before – there will be an offer to carry out the full service. I think this puts you in a difficult position because you have to decide whether you have confidence in them to carry the service out. I would feel happier about having it done by some independent authorised dealer – but this may not be an available option. You will need to discuss this if/when it comes to it

[Hammy1962]

I don’t usually post this far because I have long held and definitive views on the Motor Industry. But Bankfodder, they are not stupid. They are also, probably, not narrow minded, they are business men and women. Calling one or many stupid is an unhelpful generalisation.
 

H

Edited September 18, 2020 by Hammy1962

[GoldenGoose]

Hammy, I would like to consider myself as a businessman, I can assure you that I would not treat my customers in this way nor would I put my business reputation at risk by not dealing with a problem correctly when it arises.

I think it’s fair to say these people are salesmen and women and nothing more!!

[GoldenGoose]

OK so today I will post my Letter of claim and give 14 days to respond, can you advise if I send the same letter to the finance company or is it a different letter?

Up to now the finance company have tried mediation with Inchcape gradually offering more going through from the smallest figure so my guess is they will pay the service costs it just needs to be pushed there! 

[BankFodder]

I would address them both in the same letter. That makes it clear that they are both involved and they are complicit with each other. I also think that it will help to put pressure on the dealer because the finance company has got better things to do than muck around with this level of issue.

I think that before you start firing off letters, though, you need to figure out exactly what you are after. Is it just the money – or do you want the service done? If you have the service done then by who?

Frankly if I were you I would get the service done. Because this means that later on nobody can turn around and accuse you of having neglected the vehicle and therefore having forfeited any rights you might have under a warranty.

Now that you have caused trouble for the dealer – you want to keep yourself very squeakyclean so that any defects which occur in the future can be laid at their door and the door of the vehicle – and not attributed to your lack of compliance with the proper service regime

[GoldenGoose]

I have already paid for the service and had all the defects fixed so I just want my money back!

 

Thanks for the help.

[BankFodder]

Okay, in that case if you post your letter of claim here then we can have a look.

Have you incurred any ancillary losses? If you have then you should claim those as well. At the very least, if you load up your claim initially then you have a fallback position if you feel that you are prepared to compromise on anything. If you give ground on is something, then that will give them a sense that they have managed to save some Face.

[GoldenGoose]

I have not received satisfactory resolution to my original email dated 25/01/2020 and subsequent emails regarding the faults on the vehicle which I bought from you on 24/01/2020.

 

Please see the summary of my requests from numerous emails once again,

Westover 4x4 £154.80 - Initial inspection fee to identify faults (Inchcape agree to pay)

Brake discs and pads £170.88 - The vehicle should not have been released to me with faulty brakes, due to Covid 19 lockdown and garages being closed I purchased the parts and changed the brakes myself to ensure the car was safe, vibration reported to Inchcape resolved.(Inchcape do not agree to pay as considered wear and tear)

Near side anti roll bar link worn quoted £165 Inchcape agreed to pay this (I have had the works complete for £76.35 included on Hypermotive bill attached)

Full service including timing belt change £845.69 (Quoted £1112.95) - Whilst I have been told by Gary at Inchcape that this service will not be reimbursed I would like to remind you that I paid for the extended warranty with Inchcape as attached and page 13 clearly states that vehicles with timing belts must be checked and changed in line with the manufacturers recommendations or warranty will not be covered. I therefore have to question why Inchcape sold me a vehicle and warranty knowing the timing belt was not changed and this would invalidate my warranty?

I am once again requesting a full refund of £1,247.72 on the grounds that the goods were not fit for purpose under the Consumer Rights Act 2015.

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

As you are aware, I have tried to resolve this with Toyota finance and yourselves and communication stopped from on your behalf.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

[GoldenGoose]

I will amend the brakes comment as they now agree to pay.

[BankFodder]

Quote

 

Dear Sir/Mdm

Letter of claim

Breach of contract and associated liability under the Consumer Credit Act

As you are fully aware on XXX date you sold me a vehicle registration number XXX. I also purchased a five year extended warranty.

This contract was financed by XXX finance company to whom also this letter has been addressed.
Also, as you are both fully aware, the vehicle exhibited certain defects shortly afterwards including problems with the brakes and worn rollbar link.
Despite the fact that the vehicle had reached XXX number of miles by the time I purchased it, it transpired that the service routine required by the manufacturers had not been implemented and so that the car had not received its full service at the appropriate time.
This was not explained to me at any point and I bought the car assuming that not only had it been properly prepared and inspected but also that the maintenance routine had been complied with.

It was also condition of the extended warranty which you sold me that the maintenance routine would be complied with at all times.

Clearly you have been in breach of the contract of sale - and of course under the consumer credit act, XXX finance company shares these contractual responsibilities with you

Although you have reimbursed me for some of the expenses I have incurred, there is still outstanding a further £XXX in respect of XXX and also £845 in respect of the required XXX mile service which I was obliged to arrange and pay for myself.

If you do not reimburse all of these expenses – £total within 14 days of this letter I shall begin a claim against both of you in the County Court to recover all of this sum plus interest plus the cost of my legal action and without any further notice.

Yours faithfully

 

 

 

I don't think you needed to include all the narrative

[GoldenGoose]

Thanks very much indeed, I will edit accordingly

[GoldenGoose]

Finally should I respond to the finance company last email offering to pay brakes or just send the claim letter as response

[BankFodder]

Don't get in any more protracted correspondence. Send the letter of claim – and let them fuss about it if they want.

In fact I had forgotten that you are going to be sending it to both. I'm going to insert an amendment into my suggested letter