Mytchett First Cars/Blue Motor Finance - faults on bought car **RESOLVED BY Blue Motor Finance**

[Maddog768]

I purchased a car from Mytchett First Cars (salesman specifically an Irish man named Noel) and have been severely 'stitched up'; I feel this even more since finding this group and reading the history of this man and the company with its previous names too.

 

10th April 2021 I collected a Mercedes E class 2012 from the company and paid using a finance plan with Blue Motor Finance and I had a 6 month warranty with warranty wise so felt satisfied that all should be ok - except it wasn't. Within 10 minutes of driving the car away I found an issue with the handbrake not working so drove back to the garage to have Noel tell me this was a common problem but was not a severe issue; it was just a bit sticky.

 

Since then I have spent £2000+ on repairs required to make it roadworthy that were not covered by the warranty apparently. Noel managed to get me a 'goodwill' payment of £500 from the warranty company. However, 2 weeks ago the engine management light came on, I took it to my mechanic who diagnosed faults including turbo charger and gearbox oil inter cooler totaling a cost of another £2500. I contacted Noel who advised to contact Warranty Wise, which I did, who have now informed me the turbo charger is not covered as the vehicle has done over 100,000 miles, which it had done when I purchased it. Since owning it I have driven less than 1000 miles in it as it has spent more days in for repair.

 

I can see that much has been discussed about this man and his dealings - any advice on action to take would be gratefully received as I am unable to afford the repairs and am paying finance on a vehicle that is not currently roadworthy.

 

Edited August 25, 2021 by Maddog768

[dx100uk]

If you purchase a car on finance you should not be paying a penny on anything other than routine daily maintenance.

 

go get your money back. The car is not yours!!

 

more later

[BankFodder]

https://www.consumeractiongroup.co.uk/search/?q="Noel Quail"&updated_after=any&sortby=relevancy

I'm afraid that you have been suckered more than you think.

Most people who find themselves with these kinds of problems have paid by cash or paid by bank transfer.

You haven't made that mistake.

You have used a finance agreement.

What you don't seem to have realised is that as well as helping you to buy the car, under the Consumer rights act the finance company bears equal responsibilities with the dealer and if the dealer will not co-operate then the finance company will be bound to pay all of the cost of repairs or even to refund you the cost of the vehicle if you decide to reject it.

We have heard a lot about Noel Quail in the past.

He is not doing you any favours by negotiating £500 payments to you. He is actually avoiding all of his proper consumer obligations.

We can certainly help you get your money back for the car but we may have more difficulty getting you back the money you spent on repairs because strictly speaking you shouldn't have spent that money by relying on the so-called warranty.

You should realise that these used car warranties are really just bonbons which are offered to you by the dealer to divert you from your true rights under the Consumer rights act.

That seems to have worked quite well in your case.

Please can you give us a full timeline of events. When did you buy the vehicle. How much did it cost you. How much mileage was there.

When did it first started to develop faults faults.

Can you tell us something about the exchanges between yourself and the dealer so we can understand what you have said to the dealer and how the dealer has replied.

 

[honeybee13]

Hi.

 

Could you confirm the address of the garage you went to please?

 

HB

[BankFodder]

also what exchanges have you had with the finance company?

[Maddog768]

The address was 102 Mytchett Rd, Mytchett, Camberley GU16 6ET. 

I am in the process of gathering all other information you have requested and will post as soon as I have collated it.

[BankFodder]

https://www.consumeractiongroup.co.uk/search/?q="Blue Motor Finance "&updated_after=any&sortby=relevancy

[Maddog768]

The finance agreement began on 29th March 2021 with me collecting the car on 10th April. The cost of the car was £6495 with a mileage of 116410.

 

First issue was on 14th April when a light came on for a B service being required (despite having a receipt to state a service had been completed at the aforementioned mileage). I took the car for a service which I paid for a major service for my own peace of mind; it was at this point that other faults were discovered including brake discs and pads required due to being close to the limit, gear box service and mount required, handbrake not working and suspension and telemetry issues. It was at this point Noel gave £250 towards the cost of some repairs.

 

In May it was discovered that there was an oil leak and a cam cover gasket was required as it had deteriorated so much a leak had been caused. This was at a cost of £500+. This was the time when the warranty company gave a goodwill gesture payment of £500 as they said the parts were not covered by the warranty; this was done following Noel making contact with someone at the warranty company.

 

On 2nd August the engine management light came on so I took the car to my garage where they ran diagnostic tests showing the need for a turbo charger and gear box oil inter cooler with a quoted cost of £2500 incl. VAT. I contacted Noel who advised I contact warranty wise which I did. They sent an inspector to inspect the car at the garage (where it has been since 4th August and still is); today I received their letter stating the claim is declined as the inter-cooler is not covered and the turbo charger is due to wear and tear which is not covered on a car over 100,000 miles (which mine was at the point of sale anyway).

 

I have contacted Blue Motor Finance and spoke to a man named Haj who has taken all the details whilst completing a complaints form which he will forward to their complaints department, where I will be assigned a case worker.

[BankFodder]

Thank you.

Did you contact the dealer in writing? Did he respond to you in writing? Have you had any written exchanges  between you?

What written exchanges have you had with the finance company ?

 please can you post up any of these exchanges in pdf format. Single file multi-page.

Thank you

Also I would be interested to know whether you are certain that the Goodwill payment from Noel came from the finance company or is it possible that he simply paid this to you and told you that it came from the finance company to make you think that it was paid in some kind of authoritative way.

Was the finance which was provided simply a loan agreement or did you purchase the vehicle on hire purchase?

[Maddog768]

Good morning,

I have a little amount of written evidence of communication with the dealer as he seems reluctant to respond to emails but I have attached what I have. 

 

The warranty company were responsible for the good will payment and i have attached a receipt that shows it is from them.

 

Emails.pdf 2021-06-28 warrantywise £500 authorised.pdf

[BankFodder]

Thank you. I will have a look at them and get back to you later.

 

Meanwhile have there been any exchanges with the finance  company?

[Maddog768]

Also, looking at my relevant paperwork with the finance company it states Hire Purchase Agreement.

 

As yet, there has been no more communication since them telling me they would refer my complaint to their complaints department.

[honeybee13]

Hi.

 

I've had to hide your post as the pdf docs have your name and address, car reg, etc showing. Please could you edit those out and repost?

 

HB

[BankFodder]

When did they  say that they would refer your complaint and did they put this in writing? 

It would be helpful if you would give a complete detailed answer so that we don't have to keep on asking questions.

 

Thank you

 

 

Also, you say that the agreement was a hire purchase agreement. This means that the car belongs to them and you are simply renting it from them until the final payment when it becomes yours.

 

This means that you have been spending a lot of money repairing someone else's car

 

Bravo

 

 

[BankFodder]

We are still waiting to know about any exchanges you have had with the finance company. It would be helpful if you could engage with this read a little more closely.

 

So far as I can gather,  this has been going on on since at least May.

 

It is absolutely clear that you need to be involving the finance company and we will help you but we need to know what has happened so far.

 

Certainly as you eventually seem to have   realised  you are being ripped off to the extent that not only have you been sold a dodgy motor car, but also no you have fallen victim to a useless warranty so that you are now starting to pay for repairs to the dodgy motor car yourself.

 

There is absolutely no need for a warranty and not only that you have topped up a lot of the repair bill with your own money which was also completely unnecessary.

 Noel Quail must be laughing and laughing but I suppose that you are not the only victim.

 

 You have perfectly adequate rights under the Consumer Rights Act and not only that you have a finance agreement in place which is also is a hire purchase agreement and that means that not only  are the finance company responsible for the car because effectively they sold it to you by lending the money but also because the car is still theirs.

 

Despite that you seem to have been under the impression that you had to pay for everything yourself if the so-called warranty was not applicable.

 

 I think it's about time we brought this to  a halt and I think it's about time you asserted yourself and we try at least to get your money back for your vehicle and maybe some of the money you have spent repairing  is it it.

 

 It will be much more difficult to get the money you have laid out for repairs because both Paul Quail and the finance company will say that you went ahead with these repairs and you didn't invoke any rights and certainly the finance company will say that you didn't inform them or consult with them before you went ahead.

 

I know that you have given a certain description of the problems in your opening post but this is a rather narrative description.

 

What I'd like you to do please is to give us a bullet pointed list of the faults which have occurred and which you have addressed and then a separate bullet pointed list of the ports which still exist.

 

where is the car now?

are you driving it?

 

 

[BankFodder]

Is there any movement on this?

We would really like to push this forward because this guy needs to be sorted out and if we make a claim to the finance company you will at least get all of your purchase price back.

 

After that we can turn our attention to the other expenses you have lost

 

 

[dx100uk]

please post to this thread 

not make a reported post to send a reply to bankfodder.

 

dx

 

[Maddog768]

Apologies for the delays in responses.

Today, I received an email from the complaints department at the finance company asking for evidence of repairs and invoices etc. and I have supplied these.

The car is not being driven as it is undriveable, it is still at the garage where the diagnostic testing was carried out on 4th August.

Points dealt with: service, brakes, oil leak, cam gasket cover, suspension telemetry

Points awaiting repair: oil inter-cooler, turbo charge, handbrake.

 

Many thanks for your help.

[BankFodder]

Glad to hear that the finance company seems to be taking an interest. However don't imagine that that's the end of the story am afraid.

First of all they are likely to be reluctant to do anything. They may start imposing other requirements such as other evidence. And at the end of the day they may well say that they are only responsible for the refund of the purchase price and not the other money you have spent.

I hope I'm wrong but am afraid that I'm very suspicious of these finance companies, and this one in particular.

I think you will need to keep on their case. Don't let anything go too long. If you haven't heard anything by this time next week then they need chasing up and then regularly every couple of days.

Try not to do anything on the telephone but if you do read our customer services guide and of course keep us updated. Anything which is done on the telephone should be confirmed in writing so that you have got a solid paper trail which records everything that has been said.

I think you should have a very short fuse on this one. You've been mucked around quite long enough and frankly if the finance company hasn't agreed to a refund in the next 14 days then I think that we should consider beginning some kind of action.

 

[Maddog768]

Update: Letter received from the finance company on Saturday 4th September confirming they are dealing with the complaint and advising that they will investigating the complaint and if this takes longer than 4 weeks then they will write to me again with an update on progress.

 

I will, however, still be contacting them on a weekly basis to ensure they are aware I am not letting the matter go.

[BankFodder]

I think four weeks and simply a very vague and open-ended promises far too long.

I think you need to be careful not to lose control of this and I would suggest that you immediately send them a letter saying that this is not acceptable and that there is nothing to investigate or negotiate. It is a simple matter of your consumer rights and that Noel Quail is simply trying to avoid his obligations.

Also I think you should point out that you know that this man has form for this kind of thing and that they, the finance company fully aware of this because you have seen them discussed on the Internet and you understand very well how difficult it has been for others to bring pressure on this finance company.

For the moment I suggest that you don't refer to this forum – leave them guessing.

Tell them that because of this unacceptable delay and because of their familiarity with the difficulties caused by this dealer you are now turning this into a formal complaint and that they have eight weeks to give your final response or it must go to the ombudsman.

Tell them then it goes to the ombudsman you will produce additional evidence relating to Noel Quail and also the pattern of reluctance demonstrated by this finance company in complying with their obligations under section 75 of the consumer credit act.

I suggest that you get this letter off to them tomorrow. They have to realise that you are in control and not them.

[Maddog768]

To confirm I have contacted the finance company advising them that I am aware of my rights and that I will have no hesitation in taking my case to the ombudsman if necessary. I made it clear that I am no willing to wait the time that they suggest.

I will continue to keep you updated.

 

[BankFodder]

I think you should have started the ombudsman complaint anyway. It wouldn't cost you anything and it would save time if they don't pull their finger out.

I would suggest that you write to them immediately and tell them that on reflection you are starting a formal complaint and you want it sent the ombudsman. Then they know that a clock is ticking

[Maddog768]

Following on from the issues I have had

I am relieved to now confirm that there has been a successful outcome; the car has been repaired and back in my possession.

I know the process has been a long one but, Blue Motor Finance, finally agreed to foot the bill for the repairs that were needed.

The process was lengthy due to them having to give Noel Quail and Mytchett First Cars time to respond to their enquiries, and, as expected he did not respond the finance company had no option but to agree to the repairs.

The car was in the garage for a total of 3 months awaiting the outcome but now is sitting outside my home and I am feeling well and truly relieved.

[BankFodder]

Well done and thanks for the update.

Now that you have "trained" Blue Motor Finance if anything else goes wrong in the future, presumably they can be forced to act more quickly.

Did you incur any ancillary losses such as car hire or extra fares or anything? Because these would be recoverable against the finance company as they took so long to deal with it.
They should have dealt with immediately and then sorted the problem with Noel Quail afterwards.