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Big Motoring World- @BigMotoringWrld - refusing to honour statutory rights


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You should certainly take pictures of the vehicle as it is being taken away and if you can get pictures of it on the recovery truck so much the better.

In terms of negative postings online, they may well have seen this thread. They are not entitled to impose conditions of any sort. The consumer rights act is quite clear. You are entitled to a refund and also you would be entitled to recover all of your ancillary losses.

If I were you I would refuse to sign anything and if they cause any trouble about the refund then we will go after the finance company.

If they refer to this thread then you can tell them that the more they cause trouble, the more that people will get to know about it.

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Thank you. Makes perfect sense. I had just taken the pictures and video of the car inside/out and will take some more when its on the recovery truck. 

 

I will hand them over both car keys that came when I purchased along with the V5 log book. I won't sign anything if they ask me.

 

Just quick one - I had initially purchased GAP insurance alongside the car. It says on the paper I have 30 days to cancel it. I assume I need to get this done, or will this be part of the finance step as it is them who issued the finance for it.

 

Thanks BankFodder, your help means a lot! I do very much appreciate it! 

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Yes. Cancel everything

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And by the way, don't expect it all to be straightforward. The fact that they are already ask you to sign agreements and making veiled threats in respect of social media references indicates that these people are not straight dealing.
You may still find yourself in conflict with them but of course we will support you all the way.

If they are reading the thread, they ought to understand that they are taking on some serious players

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On 14/06/2021 at 18:10, Karalius said:

Well they have the formal phone complaint logged which is good. I have tried couple different apps, but it seems that apple is blocking the recordings and I am unable to make recordings.


“Tape-a-call” still working for me on iPhone / iOS.

Your mobile network provider will need to support conference calling.

SUPPORT.APPLE.COM

If your network operator supports it, you can set up a conference call on your iPhone with up to five people.


 

If you find you lose the ability to generate keypad tones [e.g. for “Press 1 for Sales, 2 for Support” etc.) : turn off “4G Voice / Data” for the duration of the call(s) ]

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Hi,

 

Just an update that the vehicle has been collected last night on the trailer. I got all pictures before and whilst it was on the trailer. Handed both keys over and the V5 document.

 

Awaiting to hear what they have to say now.

 

Thanks! 

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Okay you now need to take steps to divest yourself of the ownership with DVLA.

You don't want the vehicle registered in your name and maybe being left to attract some parking penalty or some other road traffic offence penalty and then having to deal with threats et cetera.

 

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You should also confirm with the finance company that it has been collected and that you are now no longer in possession and you are now no longer the owner and that DVLA have been informed and you now want them to sort out the finance reimbursement.

Remind them that you have already filed a complaint on this issue and that time has already running for the matter to be referred to the financial ombudsman service.

You can also point out that they have a duty under the COBS – conduct of business regulations to treat you fairly and so far you haven't noticed that they have complied with this statutory duty

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Ok. How would I go about divesting myself from the ownership with DVLA? 


Is the below ok to send to finance company?

 

Dear Sir/Mdm 

 

This is to confirm that vehicle registration number ......has now been collected by Big Motoring World. I am no longer in the possession of the vehicle and I am no longer the owner. DVLA have been informed.

 

I request for the finance reimbursement to be followed through.

 

I have already filed a complaint on this matter and the time is already running for the matter to be referred to the financial ombudsman service.

 

As you know you have a duty under COBS - conduct of business regulations to treat me fairly and so far I haven't noticed that you complied with this statutory duty.

 

Best wishes

 

 

 

 

 

 

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I'm afraid I don't know the intricacies of resigning your ownership of the vehicle. Maybe somebody else can help. Maybe you could telephone DVLA and ask them.

Maybe there was part of the V5 that you should have kept in order to transfer ownership back to the garage

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Morning, hope weekend was nice!

 

I just had a reply back from BMW. What would be wise next step to do as per below email? I have left both car keys and V5 documents in the car. Not sure why they are asking for them.

 

“Good Morning,

Thank you for your patience whilst we have been looking into this for you.

I can confirm the finance company have accepted a return of advance of your finance therefore we would look to accept rejection of your vehicle, we would request that a settlement agreement is signed prior to the refund being processed. 

Can you please confirm where all of the documentation is for the vehicle this will include the logbook and any additional keys you have for the vehicle?

Kind Regards”

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as for the V5C

you dont give them the whole thing!!

 

read section 12 below carefully

 

 

 

V5C section 12.pdf

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 write to them and tell them that the refund is unconditional and doesn't depend on any settlement agreement.
Tell them that however, in order to try and help them you are prepared to look at their proposed settlement agreement and sign it if it is acceptable to you.

However, they are obliged by Statute to process the refund, to do it as soon as possible and there is no provision in the statute for any conditions or settlement agreement.

Warn them that if the settlement agreement is not acceptable to you then you will not sign it and if they make any trouble then you will let it be decided by the County Court.

Send a copy to the finance company

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On 17/06/2021 at 11:49, BankFodder said:

Maybe you could telephone DVLA and ask them.

Maybe there was part of the V5 that you should have kept in order to transfer ownership back to the garage

 

You didn't follow any of this advice then

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I did, but I didn’t have a chance to call them until today. DVLA told me that I would need to keep a whole V5 document and only hand the part 4 of the document where I am selling or trading with motor trader.

 

The V5 was already with the car on collection prior to this conversation that we had :( 

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Well you had better contact DVLA and find out what you need to do to transfer ownership back to the garage. You shouldn't trust the garage to do it themselves although if there is a settlement agreement to sign then we will make sure that a provision regarding transfer of ownership is included

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To the dealer

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