Second hand car developed fault. Blue Motor Finance

[BankFodder]

I don't understand what you mean by the typo. Are you saying that the letter of 6 December is really the letter of 8 November?

If not have we seen the letter of 8 November?

[Checho]

I don't understand what you mean by the typo. Are you saying that the letter of 6 December is really the letter of 8 November?

 

Nope. I mean I said "if u have further details..."in stead of "if you need further details". 

 

Please find below letter sent on 8th Nov 2021:

 

Dear Blue Motor Finance Team,
I entered into a Hire Purchase agreement with you on the 27th of October
2021. Agreement Reference Number xxxxxxxx

I picked up the vehicle, a Citroen C4 Grand Picasso EXCL BLU Reg xxxxx on
the 30th of October. On my way back home, after driving it for over an hour, the
seatbelt alarm for the middle row left hand side seat went off.  

 

There was nobody in that seat, nor any object leaning on it. It was unsettling and dangerous as the alarm went off several times for long periods of time, distracting my driving. 

I took legal advice on the matter and I am aware that under the Consumer Rights Act, I am within the time limits to get the car fixed at no cost to me. 
 

I spoke to Blue Motor Finance on the phone today at 12:55pm and I was advised to take this matter to the dealership myself. I disagreed on the basis that you are the owner, therefore responsible for repairs under such Act. Hence the formal complaint. 

I am looking forward to hearing from you soon in order to resolve this issue. 
Kind regards,

Edited January 14, 2022 by dx100uk
Pers info removed

[BankFodder]

Sorry, I had misunderstood. I had thought that it was they who were the authors of 8 November letter.

So it seems that they gave themselves there a week from 6 December. Even though they were advised of the issue a month earlier. They have been trying to dodge the issue by trying to rely on the dealers warranty which effectively makes the dealer or the provider of the warranty liable rather than themselves.

I take it the you have sent them your independent inspection? You haven't made that clear.

If you have then I would suggest the following letter:

Quote

Dear Sir/Mdm

Reference number XXX

Thank you for your recent letter agreeing to have my vehicle inspected.

You are already in possession of my independent inspection which confirms initial appraisal of the defects.

On 6 December 2021, you gave yourselves eight weeks to come up with a final answer. By my calculation you have about another three weeks to go.
From the very start when I informed you of the problem on the eighth November you immediately referred me to the dealer on the basis that the vehicle was covered by the warranty.

You have referred several times to the warranty and even your most recent communication says that I do not want to use the warranty.

I take this is simply a method of attending to mislead me by ignoring my rights and shirking your own obligations under the consumer rights act.
Make no mistake that I am asserting my right to reject the vehicle and you have a single opportunity to have it repaired or you had better arrange its collection and reimbursement of the purchase price and any ancillary losses.

You have given me an open-ended undertaking to have the car inspected.
You better understand that this is not acceptable and so this is my letter of claim that if you do not have the vehicle inspected and repaired or collected by XXX date – which effectively is eight weeks from your original sixth of December letter, that I shall issue proceedings in the County Court and without any further notice to recover purchase price, ancillary losses, interest, and court costs.

Also as you know the car is not being driven and I may start to add reasonable storage costs as well and I shall inform you about the cost of these shortly before I issue the county court claim.

 

Yours faithfully

 

Have a look at that, see if it is correct, see if you are happy to sign it off and then put it in the post recorded delivery – or email it to them with a written confirmation
 

[Checho]

Thanks so much for the letter. I sent it along with the inspection report of the vehicle. 

 

Let me ask you something: 

 

If they repair the car, could I claim any ancillary losses incurred due to them selling me a car that was not fit for purpose and taking an unreasonable amount of time to repair it?

 

I have spent a decent amount of money in ULEZ since I spotted the slipping clutch.

 

I actually bought this car so I did not have to pay ULEZ on a daily basis. It seems to me that the extra costs I am incurring due to their negligence should be their responsibility.

 

Am I right? 

Edited January 14, 2022 by dx100uk
added A few blank lines only..dx

[BankFodder]

ULEZ?????

[Checho]

Yep, with my old car, which I had to re-insure. Otherwise I would be out of work.

 

The new car( citroen) has not been driven since I spotted the faulty clutch.

[BankFodder]

Okay but if ULEZ has some kind of acronym, what is its acrostic?

[Checho]

Ultra Low Emisions Zone.

There is a charge to drive in that zone with vehicles that are not Euro 6 compliant.

[BankFodder]

I suppose if you could show that your expenditure was a reasonable alternative while you are waiting for your vehicle to be sorted out then the money could be recoverable but I don't think you can be certain about it.
One thing you would have had to have done would have been to give them notice that for the period for which the car for which they are responsible was off the road, then you would be obliged to make alternative arrangements which would incur a fee and you would be holding them liable for that as an ancillary loss.

It is always wiser to lay down a paper trail and to give advance notice of any fees you are likely to incur. That gives them an opportunity to express a view or to raise objections but at least they will be able to say that they weren't told about it.
It would then places an obligation upon them to mitigate their loss by getting your own vehicle sorted out.

 

[Checho]

I did tell them in my letter dated 2nd Dec 2021:

"I bought this vehicle for work reasons and I do not have a suitable alternative vehicle. I would like to kindly ask for a replacement vehicle until the car is repaired. If this is not provided, I might need to rent a vehicle for work. If this is the case, I will be looking for a reimbursement of the expenses incurred in doing so as well"

 

I was lucky enough to be able to retrieve my old vehicle. That , which involves having to pay ULEZ every time I go to work was, by far, the most reasonable option financially. It is £12.50 per day.

 

Is it OK to let them know how much I spent up to date and make them liable for it? 

[Checho]

Hi there,

 

Following your advice I have sent the financing company this letter dated 26th Jan 2022:

 

Dear Sir/Madam,

Despite having an inspection carried out by you via Scotia Vehicle Inspection on the 20^{th of} January 2022,  I have not received any notification from you.

 

As I stated in my letter dated the 2^nd of Dec 2021,

 

"I bought this vehicle for work reasons and I do not have a suitable alternative vehicle. I would like to kindly ask for a replacement vehicle until the car is repaired. If this is not provided, I might need to rent a vehicle for work. If this is the case, I will be looking for a reimbursement of the expenses incurred in doing so as well"

 

Furthermore, as I stated on my letter dated the 14^{th of} January 2022,

 

“Also, as you know, the car is not being driven and I may start to add reasonable storage costs as well and I shall inform you about the cost of these shortly before I issue the county court claim.”

 

The more reasonable and cost-efficient way to deal with the problem was to pay ULEZ with another vehicle. Please find below notice of all the payments and incurred expenses since the 2^nd of Dec 2021, when I communicated the slipping clutch issue in the car, while I waited for the vehicle to be sorted out:

 

28x ULEZ payments. This adds to £350

1 x independent inspection carried out by The French Car Specialists. £60

1x fee for changing the insurance to another vehicle.

 £30

1x fee to insure the faulty vehicle so it could be taken to an inspection and road tested on 11^th Jan 2022. £34.85

 

Total: £474.85

 

Needless to say, I keep paper track of all these receipts.

 

 Yours faithfully

 

 

If they do not reply or repair the vehicle by the end of the month (notice being given in previous letter dated 14th January 2022), what would be my options?  I understand I could reject the car as option 1. As option 2, could I take them to court for not complying with their legal obligations in a reasonable time and force them to repair the car and pay the costs I have incurred (as detailed in last letter)?  

 

Thanks again for your help and dedication to this forum. Priceless. 

[Checho]

Hi there,

 

I would appreciate a bit of help with my previous question and I would also like to know if I can recover the deposit I paid to the car dealer, if I reject the car. This was £1000 and I paid by bank transfer (mistake on my behalf). 

 

If I reject, how long will it take for the refund to be made? Is it within 14 days?

 

Thanks u very much in advance. 

[Checho]

Hi there,

 

I have not received any further communication from the financing company. They have failed to produce a final response letter after the 8 week period they gave themselves on the 6th Dec. 

 

On the 12th January, they told me they will arrange an inspection to confirm the faults and look into the repairs as requested. The inspection was done on the 20th January. However, they have done nothing about it and I have not seen the report. I asked for it to be sent to me but Scotia Inspections refused to do so.  

 

A letter of claim was sent on the 14th January letting them know that if they do not repair the vehicle by the end of the 8 week period (expired on 31st Jan 2022), I would issue proceedings. 

 

Would you please be so kind to advice on the matter? I still want to have the car repaired as there are no suitable alternatives at the moment and I am afraid I will not be able to recover the £1000 deposit I paid to the car dealer.  Am I right? 

 

Thanks a lot. 

 

. 

 

 

 

 

[Checho]

Hi there,

 

I am making a claim to the county court against Blue Motor Finance. 

 

Do I claim a reimbursement for the full purchase price or for the money I have paid so far under the hire purchase agreement? 

 

Thanks.

[dx100uk]

any news?

 

dx