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    • Welcome to the forum – and welcome also to a whole group of victims – although that probably won't make you feel any better. Can you please post up the service document in PDF format. Has it got MOT? What was the date of that? Which dealer's name did you actually buy the car from? How much to the car cost, what make, model, mileage, year? How much did you pay through finance – and what finance company did you use? How did you pay the rest of the cash balance. Was the finance on hire purchase or was it simply a loan with which to purchase the vehicle? Whatever the situation – and even if they apparently no longer exist, you must reject the car under the Consumer Rights Act. You are just within 30 days so you must write them a letter to their last known address – send it recorded delivery – in fact special next-day delivery and make it clear that the car which you bought has manifested serious defects and therefore you are asserting your right to reject the vehicle for a refund as it happens within the first 30 days of ownership. Send this letter straightaway. If you bought the car on hire purchase then send an exactly similar letter but addressed to the finance company and make it clear that they are responsible because they are the owners of the car and they have effectively sold to you and therefore you are asserting your rights under the consumer rights act. If it is not hire purchase then send them a copy of the letter which you have sent to the dealer and send a covering letter pointing out to them that under the consumer rights act, the contract is now void and as they, the finance company have provided the finance for it then there's is an ancillary contract which is also void. Tell them that you want to know what arrangements they are proposing to make to unravel the contract. You had better be assertive with them straightaway because believe me, all finance companies will drag their feet. So make it clear to them straightaway that you won't stand for any nonsense and that you're prepared to go to court to unravel the contract and to get any money back from them. Make it clear to them that you are completely familiar with your rights under section 75 of the consumer credit act 1974 which make them, the finance company, equal with the dealership in their obligations towards you Please answer the questions above and also confirm that you have sent the letters I have suggested – straightaway. That means draft the letters, post them up here if you want a quick scan of them from us and then get down to the post office for next day delivery. Don't hang around. This is a serious matter
    • hello there   just want to remind you of this case i had vs roadster, the blown turbo and poor customer service    I had covid during this period so was unable to attend.   the other side also did not attend.   i have received a letter today from the court, the parties are to attend an adjourned dispute resolution hearing 6th may 2022   i received the letter today the 20th, and was told that i have to file at court and serve on each other copies of the documents i intend to rely on (by today the 21st!!) but not limited to:   claimant:    invoice from defendant   invoice from company carrying out remedial work   copies of any emails/texts/letters sent to or received from the defendant branch or head office   i have printed out x3 copies of the remedial garage invoice i have also printed out copies of all emails we have exchanged.   there are gaps, as we had a number of telephone conversations, and as it has been a while i am kind of forgetting the sequence of  events?   i think it looks good for me that roadstar did not attend, do you have any advice on how to proceed?   all i can do is print off what little paperwork i have.   thanks for your time   gavin 
    • “We’ve been really clear that we all have a role to play. If not enough people get that booster jab, if not enough people who are eligible for that original offer of a vaccine don’t come forward, if people don’t wear masks when they really should… it’s going to hit us.” - Javid   So wheres the requirement?   British Medical Association criticise Plan B restrictions not being implemented WWW.OXFORDMAIL.CO.UK Criticism has come in from the British Medical Association after the Government said it would not yet implement Plan B restrictions.   Ministers divided over face masks in Commons - follow live WWW.INDEPENDENT.CO.UK BMA claims ministers ‘wilfully’ risking lives   Britain resists new coronavirus restrictions Amid rising numbers of cases, the British government has rejected calls to reimpose coronavirus restrictions, while warning that such measures might be needed if the rollout of vaccine booster shots fails to contain the worsening situation. Britain, which administered vaccines early, is now reporting one of the highest rates of new cases in the world as the vaccines’ effectiveness wanes. “We will do what it takes to make sure that this pressure does not become unsustainable, and we won’t allow the N.H.S. to become overwhelmed,” said Sajid Javid, the health secretary, referring to Britain’s National Health Service, which is already under pressure. He warned that new cases could surge to 100,000 a day.   The British government’s contingency plan would reimpose some restrictions that were scrapped in England in July, including mask-wearing rules and urging people to work from home. Those visiting nightclubs and other venues could be required to show proof of their vaccination status or of a recent negative test.   Analysis: Experts believe cases in Britain are rising because large numbers of children are unvaccinated and schools do not require face coverings. Mask wearing is less prevalent than in some other parts of Europe, where masks are often required indoors and where cases per capita are much lower. Data: Britain has reported over 40,000 new cases for seven consecutive days, and 869 patients were admitted to hospitals on Saturday. The daily death toll rose to 223 on Tuesday, the highest number since March   -NYT  
    • HI So today i have recieved a supplementry witness statement  However, it was sent to my work email address. I have no idea how they got that email   I will post it up  
    • Hi. My partner is currently dealing with issues from this dealership which seems to be common on here! Stupidly, we didn't do enough research into this company (Chobham Central Garage aka Crown Motor Direct aka GTL GENERAL TRADING LTD) when she bought the car on the 25th September otherwise we never would have! The car had got a service just a day before we bought the car which we have now can assume was a forged document and the sales guy (Nathan) assured everything was completely fine. Just 1 week after buying the car, it had broken down on the motorway with an “massive oil leak all over the engine, fan belt had snapped, the battery had gone and it had illegal tyre on the vehicle, these issues do not look to be new problems. The driver could have died in this car" quoted from the RAC breakdown recovery.   Thankfully my partner took this car out on finance so she is not out the full cost of the car and we have the finance team looking into this but it's making matters difficult as seemily around the time the car had broken down, every trace of the company has went down, the website no longer works and phone numbers do not go through so we're in limbo at the moment. My partner did put a deposit down on the car which we have very low hopes of ever getting it back as there is no way of even getting in contact let alone getting a resolution from them Stressful situation to say the least.
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@Inchcapeuk Burton Upon Trent avoiding their consumer obligations


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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?

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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

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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 by Hammy1962
  • Haha 1

42 years at the pointy end of the motor trade. :eek:

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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!!

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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! 

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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

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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.

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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.

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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

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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

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