Big Motoring World/BMW PCP Finance/Warranties 2000 - Range rover Evoque timing chain fail at 76k

[Hotdog77]

Clearly understood, Thank you

[Hotdog77]

Hi there,

Things seem to be moving in the right direction, although it's frustrating that the same people asking questions are the ones that I've cc'd many times. Although I had confirmed by email that I did not want the car, I also stated that I wanted all further communications to take place via email.  I received a phone call today from a lady at Creation asking whether I wanted the car and its whereabouts.

Debate exists concerning the warranty, and after reexamining the ombudsman's conclusions, I need assistance or guidance with regard to the warranty. From the declarations joined to the final ruling, the ombudsman has mandated that the vehicle be fixed through the warranty; therefore, no financial reimbursement will be provided to me as the warranty covers the mending of the car.

So! Since the repair never took place or has never taken place, I think the warranty payment is still due to me?  Can I go back to the ombudsman or case manager? Can I file another complaint to FOS about the warranty if we cannot hash it out?

 

Warranty.pdf

[theoldrouge]

A new complaint after settlement of this one if one is needed 

[Hotdog77]

Thanks @theoldrouge  This is very clear to me.

I sent over my argument to Creations and the FOS case manager yesterday. I am now awaiting a reply from both.

[Hotdog77]

Hi there,

As much as I wanted this to be over quicker than it has begun, unfortunately, the saga continues.

 In the background, there has been an exchange of emails. I have been mainly conversing with one female, but she has drastically dragged out the process over the past 3 weeks.

Some of the reimbursement has already been transferred to me. The last amount remaining was for my car insurance and the warranty, which I'm still waiting on.

I wanted to be sure from the Ombudsman that the warranty payment would still apply to me if the vehicle remained unfixed. So I emailed the case handler for clarification as back backup.

Today has been quite hectic for me! I got a message from Section 75 which affirms that I am eligible for a refund on my car insurance. but according to the Creation, they will not be paying this out because,: as you had the benefit of this cover over the time that you had possession of the vehicle, this is not a cost that we are able to return....see pdf attachment

Can I get some help to claim this through the court? Or what action should I be taking?

Re: Balloon payment/credit file

Furthermore, I received a text today stating that my account was overdue!!!! Incredibly frustrating!!

When I called, the amount that was past due was for the balloon payment. How is this feasible when I have informed the entire organisation that I do not want the vehicle?

My question is: Can they leave a negative note on my credit file?  I have proof of emails sent and postage for the letters sent to both Creations and the dealership regarding the balloon payment.

 

oct_Nov Section75 Car insurance & Warranty.pdf Warranty clarification from Ombudsman )ct 23.pdf

[dx100uk]

well they would not 'leave a note' on a credit file it would be an unpaid remaining balance... but have not the FOS told them to remove ALL data?

[dx100uk]

as for refunding of the warranty, their 'excuse' absolute BS,

dx

 

 

[Hotdog77]

Noted! Yes! Fos did request that they remove any adverse notifications from my credit file. Although, is the balloon payment, viewed as a separate issue?

In regard to the warranty, yes! Their excuse is BS because that's exactly the point the ombudsman is making. In that I should have had full use of the warranty since the vehicle broke down, but the business denied me the option of utilising the service.

Could you advise on the steps or process for pursuing the warranty through the courts/enforcing the FOS final decision?

[theoldrouge]

If they do leave any negative on your credit file 
then that can be a whole new complaint and compensatory claim 
As for the warranty etc it will as advised before be a case of seeking the court’s permission to enforce the judgment of the Ombudsman 
Its all down to incompetence 
Email the Chief Executive again just keep pestering 

[Hotdog77]

@theoldrouge  Thank you

As cringe-worthy as I feel about emailing the CEO again, this is the thought that ran through my mind this morning.  

I'll type up the email and get it sent first thing in the morning.  While I am at it, I have nothing to lose. I will also mention the text I received about the late payment for the balloon payment.  I'll provide the phone calls and emails where I state the declination of the non-running vehicle.

[theoldrouge]

Indeed and if you feel so inclined make an appointment to see your local MP most of whom have good contacts within the FCA on your behalf 
Gather all your correspondence emails etc
and give them the full story and tell them that In your opinion Creation are unfit to hold the necessary licensing 
I have done this once previously and the result was excellent and instant

[Hotdog77]

Hello,

After the email I sent out on Monday morning, I have received two further emails from Creation.... See attached.

Here, multiple issues are discussed; in conclusion, she maintains that I am not entitled to a refund of the warranty due to the handing back of the car at the end of the PCP agreement. Moreover, she states I am not eligible for my deposit, which was not a part of the ruling or contract. Argh!! So annoying 

Creation complaints email 13 & _11_23.pdf

[theoldrouge]

Having had some use of the car unfortunately I do not think that you are entitled to a return of the deposit 
I see they are now refunding the insurance so I take it that all that is outstanding is the warranty issue ?
How much is involved here? 
 

[Hotdog77]

Noted re deposit

Yes the insurance is in hand. 

The warranty is outstanding.  In total £1030.00 

[theoldrouge]

As the FOS has dealt with this if you cannot negotiate a settlement then the only way to enforce if you have the time and inclination is as advised earlier with the link to the necessary form
 

though I suppose they are so incompetent that you may just be able to issue a court claim and hope for a judgment by default if your luck is in
 

At least you are in a lot better position than when you first came here

[Hotdog77]

@theoldrouge Apologies!  I've had to prepare for student mock exams, so I've been rather busy.

You guys have been really great.    And yes! This situation almost killed me, but I have stuck with it so far, and therefore I will continue to progress through the courts.  Because at this point, what they say makes absolutely no sense and shows pure greed and incompetence.

Would I be wrong in thinking that I was never obliged to pay that balloon payment?  How was I expected to even pay that when they couldn't even be asked to fix the car?

I have not replied to the last two emails from Creation.  Should I go back to the previous one and mention that I do not agree with them for the following reasons, and therefore, since we cannot agree, I will have to seek the amount by other means?  Or leave it as is until they receive the docs?

Section75 update.pdf

I have just begun filling in the N322A form and needed some help with wording for the following on conditions 1:

What was the condition attached to your settlement?

Car fixed under warranty

Please give details of how the condition has or has not been fulfilled.

Since the car had not been fixed, the applicant is still entitled to the warranty payments plus 8% simple interest since the car was never repaired by Creations. To make certain of the applicant's understanding, she asked Ombudsman Burford for clarification (see attached communication). The ombudsman's case investigator replied to confirm: I've had a discussion with the

[theoldrouge]

You are correct the choice to pay the balloon payment is entirely one for you 
and yes you are on the right lines on the form