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Big Motoring World/Black Horse Finance - refusing to honour statutory rights ***SETTLED**


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I paid 3000 deposit (2800 + 200 buyers fees cover by my debit card). The car was purchased on Hire Purchase.

 

I can only see the attached on agreement files that state something about 14 day period. I am unsure if that is what you are asking. 

 

 

 

 

Your right to withdraw.pdf

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Sorry but you have gutted this document of any identifier so we have no idea whose agreement it is.

Also, I realise that we should have asked you at the beginning whether this was a loan or hire purchase. Because it is high purchase then it is all down to the loan company.

The loan company has effectively bought the car from the dealer and they have re-sold the car to you.

So effectively they are the dealers.

I'm afraid I've lost track a bit. You should be writing to the loan company and tell them that you have now asserted your rights under the consumer rights act, the car has been returned because of the defect and you require reimbursement of all money paid and any ancillary losses.

Make sure they understand that.

I'm not sure why the dealers didn't point out in the first place that your contractual relationship was with the finance company and not them.

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In fact the letter you write to the loan company should basically remind them that as you have already asserted your rights and the dealers have now received the car, it for to them, the loan company as effective owners of the vehicle to sort out a complete reimbursement.

You will have also to inform the dealers that you won't be signing their agreement. That the right to reject in the Consumer Rights Act is unconditional – and in any event the 14 day cooling off period which relates to finance agreements is also unconditional.

I understand that you paid £3000 directly to the dealers and so if you have received it will only be for £3000 will be well within the small claims limit.

The finance company will probably fall into line after some pressure and the threat of a complaint to the financial ombudsman service.

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I have to say that I'm sorry that we didn't understand at the outset that this was a hire purchase agreement. You didn't mention it – and I to ask you. Had we understood that then we would have dealt with it slightly differently from the outset and probably more effectively.

 

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Good morning,

 

Apologies I couldn't reply back last night as went into work. That's ok, I appreciate your help. I should have mentioned all in first post. It's my own fault.

 

Ok, so it makes complete sense now that Black Horse are the dealers in this instance. It seems that all my agreements that I had signed is with Black Horse.

 

Since sending out emails and initially talking with finance company over the phone, I haven't been contacted by finance company at all since. I am not receiving any replies through the emails that I sent either.

 

Would it be correct choice to give them a call on Monday and ask what is happening?

 

Would it help if I scanned all agreements that I have with finance company and BMW? I am happy to scan all documents that I hold and post them up here.

 

Does below sound ok to send both to finance company and BMW?

 

To loan company:

 

Dear Sir/Mdm 

 

This is to confirm that vehicle registration number RF16 TYV 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.

 

I would like to remind you that as I already asserted my rights under the consumer rights act and the Big Motoring World have now received the car because of the defects, it is your responsibility, the loan company as effective owners of the vehicle to sort out a complete reimbursement of all money paid and any ancillary losses.

 

Many thanks

 

To BMW:

 

Dear Sir/Mdm

 

I would like to inform you as I will not be signing the proposed agreement. The right to reject in the Consumers Rights Act is unconditional – any in any event the 14 day cooling off period which relates to finance agreements is also unconditional.

 

Many thanks

 

 

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Yes, those letters are fine – except that to the finance company, I would also refer to their previous brush-off and that you wish to open a formal complaint and that if necessary it should go to the ombudsman.

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Thank you. I will add the above and have it sent out. 


Do you think I should call the finance company and ask them that they are receiving my emails and to get an update of what is happening?

 

Thanks

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No I don't think so. I think you should be putting everything in writing – but I don't think you should then wait very long for reply. Send them emails at least twice a day.

If nothing has happened by Wednesday then maybe a phone call beginning a formal complaint – but have you read our customer services guide?

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Thanks. I will do as advised.

 

I just had a reply from BMW after sending out the email last night. 
 

“I can confirm until the settlement agreement is signed we would not look at providing a refund for your vehicle. “

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They are not entitled to do that.

 

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I think you are going to find that there will be a disagreement over whether you have returned the vehicle in exercise of your statutory right to reject or whether they have accepted the vehicle as some kind of goodwill gesture.

Frankly I don't think they have a leg to stand on but I think that is where it will go.

It is very clear that there is a vibration and they are aware of that.

Not only that, the finance agreement makes it clear that you have a right to withdraw. It's a "right" and that means that it is enforced unconditionally – and not conditionally.

This dealershiBig Motoring World which seems to be so concerned about their reputation and disparaging remarks et cetera – are simply making things much worse for themselves. It would have looked so great if they had simply acknowledged the problem, received the vehicle, organise the refund and they would have then shown themselves to be an organisation in which any customer can have confidence and you might have even been prepared by another vehicle from them.

Now I can imagine that you wouldn't want to touch them with a barge pole.

Where are we with the finance company what have they said so far?

 

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Also, when you paid your deposit to the dealer, presumably there was some kind of deposit agreement or receipt. Can you post those up here please

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Thanks. No word from finance company yet. Not even single reply from all my emails sent.

 

I am at work now, but what I will do tonight is scan everything that I have and post up here.

 

In regards to deposit they asked me how much I’m looking to put down. I said 3k, so they charged me £2801 and £199 for their processing fees. 

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Just attaching what I was given with edited personal information. 

 

Apart from that I think its irrelevant to attach. I.e. there is service history, green V5 slip, and two receipts of the 3000 deposit. 


P.s I phoned black horse today and asked for an update since its been 18 days since I reported. They said they are in talks with BMW and waiting for final email before they finalize they decision. They only received one of my emails that I sent on 18 June. I sent 2 others on 14 June and 27 June. They found those and added to my file. 

 

Also in regards to gap insurance. It says on website to cancel via the app. I entered my details and it pops up saying "as your purchase was within the last 30 days please contact your dealer" 

 

Do you think I should ensure they cancel this too, or will they cancel automatically as it was financed by black horse.

 

Thanks

 

 

 

 

 

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I'm sorry but I don't know how you scanned that document. I suspect that you simply photographed it but the print is too blurred to be able to read clearly.

Please could you post up again. Use a proper scanner. I think the money we are talking about here is worth having a proper scanner at about 70 quid

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Hi,

 

FYI BMW has transferred back my £3000 deposit monies. I am awaiting for finance company to end the contract now.

 

It sounds that everything has worked out fine now. Do you think it would be good idea to purchase another vehicle now, or should I wait to have this finalised?

 

i am really struggling without the car the last few weeks.

 

thanks

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Yes everything sounds good – but I would suggest that you email the finance company and tell them how much longer is it going to be. The consumer rights act I think normally reckons that 14 days is maximum.

This has been going on much longer than 14 days. I will tell the finance company that if the money isn't with you at the end of the week then you will be starting a complaint to the ombudsman and that you mavens sue the finance company for your money plus interest.

It certainly seems that you are in the home strait.

If you can afford it then yes maybe now is the time to purchase another vehicle – but this is a decision you will have to make. I must say I would feel more comfortable with everything finalised

 

Incidentally, I hope you can see that the lesson here is to stand up to that these people who want to bully you.

As far as I can make out this firm of car dealers Big Motoring World have a pretty good reputation and it's amazing that they are happy to trash it on something like this. I can only imagine that there must be one person in the organisation who is making these decisions and who doesn't understand the value of a good business reputation.

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  • 1 month later...

Good morning all,

 

Firstly I would like to say once again thank you so much for helping me out with any issues that I had on this site! Really do appreciate you all!

 

I just wanted to update you all and to say that the complaint has gone through and the finance agreement has been now closed. I had my 3000 pounds returned to me, along with my finance closed. They have paid me 150 pounds of compensation on top and 50 pounds for interest. 

 

Thank you!!

  • Thanks 1
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Well done.

 

You can see the benefit of using finance.

 

See the terrible stories from others who have spent large sums of money and have paid by cash or who have paid by bank transfer.

 

I'm pleased it has been sorted and I hope that we have been of help

 

 

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  • BankFodder changed the title to Big Motoring World/Black Horse Finance - refusing to honour statutory rights ***SETTLED**

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