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


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Hello there,

 

Was wondering if I could get some help!

 

I purchased a Range rover Evoque in October 2019 from BMW on lease, at the same time the salesman pitched the Warranty sales to me...gives me peace of mind if anything goes wrong with the engine etc....  I was sold as i like peace of mind and purchased the added insurance for 36 months.

 

The car has been running fine and additional to that I've also kept up to date with the running cost and servicing

Feb 2022 was driving and car halts, with a massive noise which sounded horrific like a massive bag of nails had fallen from the bottom of the car. managed to get the car to the garage, they suspect the timing chain has gone.

 

Last week the garage managed to contact Warranties 2000 to inform them of the issue as i was covered for such fault.  An assessor came out on Thursday and deemed the car required a new engine and yes the fault was the timing chain.  The damage was so bad that the vehicle needs a new engine.

 

Warranties 2000 contacted my mechanic to confirm receipt of the assessment however they have rejected the claim due to "wear & tear". Surprising as I now know that the fault with the timing chain is very common with Land rover. Furthermore, the car only has 76K on the clock.

 

What my mechanic said was, "How can they reject your claim without asking for additional documentation"  Just to explain - part of my service history is online and the other part is in hard copy service docs.

 

I'm angry that I've been left in the position, I couldn't get to work nor could i get my daughter to breakfast and after school club prior and after work. 

 

I would like some advice on what i can do to resolve this. 

 

I'd ideally like the car fixed ASAP although i feel this could be a long battle and expensive as im still paying my monthly premiums for the lease and warranty . 

 

Are there any consumer rights that allow me to give the car back to the dealer/finance company and cut ties?

 

 

I'd really love some help please

 

Thank you

 

 

 

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your 1st comment is a bit confusing...

On 13/03/2022 at 22:44, Hotdog77 said:

I purchased a Range rover Evoque in October 2019 from BMW on lease,

you can't 'purchase' a car on a lease agreement until the lease ends.

neither have you purchased a car if you have a finance agreement on it.

eitherway it is NOT your car.

so..

its a lease car?

or is it hire purchase?..

you shouldn't be doing anything with it other than daily maintenance, certainly not ever paying for servicing, nor paying for any stupid warranty which, as always, is never even worth the paper its written on, you don't need one, its a lease car , its a car on finance - not yours, let the finance company and the lease company fight it out who pays to repair it.

the issue you have with it is somewhat immaterial, as is the cause, wear and tear, so what, its doesnt work , the lease thus fails.

you wouldn't flag a black cab down and be expected pay for it if it broke down with you in the back of it would you?

look up the service history and look up when the timing chain needed/should have been changed for the car ...was it?

dx

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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Noted regards "lease" wording

 

It's a Finance agreement (hire purchase)

 

So you say let both parties fight it out. Do I contact both parties to inform them of the situation? 

 

In regards to timing change in service book/history,  there's absolutely no mention on when the timing chain should be changed 😐

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2 hours ago, Hotdog77 said:

I purchased a Range rover Evoque in October 2019

 

43 minutes ago, Hotdog77 said:

It's a Finance agreement (hire purchase)

 

then the proof of what has happened is on YOU. you must get a written report done as you are outside of 6mts.

write to both the dealer and the finance company telling them the car has failed.

here is the report.

 

you now need to research when the timing chain components/chain and related items important to it's correct and on going operation should have been serviced and if there were done when it should have been.

 

a quick search says this:

 

Land Rover Timing Belt Change, Cam Belts & Timing | Safari Engineering (safari-engineering.co.uk)

 

as your claim is some 2.5yrs into your ownership, and taking into account the above, if things have been serviced correctly , i can see wear and tear being a major player here that you need to argue against, as the above states, it should not fail.

 

bottom line is i would inform both and let them argue it out, it is not your car, it belongs to the finance company.

 

dx

 

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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  • dx100uk changed the title to Big Motoring World/BMV HP Finance/Warranties 2000 - Range rover Evoque timing chain fail at 76k
  • 2 weeks later...

Hi there, 

Just wanted to know if you could check the letter below? I wish to send this to the warranty company with the finance company in cc. 

Prior to writing on this post, I requested in writing from the warranty company thier reasons for wear and tear? Yes I know they had the assessor report however they were not privy to the vehicles fill service history as they only viewed the one available online and had not requested if there other docs to back it up.

 let me know if this is OK? 

Dear Sir/Madam

This is my formal complaint with which I wish to escalated to the financial ombudsman service

I am writing today because on March 10th 2022 my mechanic filed a warranty claim to yourselves asking that the above vehicle be repaired under the terms of my warranty insurance, this was effectively rejected within a matter of 24hrs.

My mechanic was informed that the claim was rejected under “Wear and tear” due to the lack of maintenance.  

I reject your claim, thus therefore I make this letter also a formal complaint and appeal for Warranties 2000 to reconsider my claim again on the basis of lack of supporting documents.  

So my question is, how can you deem a claim as “Wear and tear” without having the full facts before you? It is no excuse to not issue a repair order, as you did not have sufficient evidence.

Had warranties 2000 followed their own procedure, and requested addition evidence from myself, you would have received the supporting documents to confirm that I had full service history on the Range Rover Evoque.  Part online and part as hard copy.  However in all, a full service history up until December 2021.

As you are very much aware, the timing chain failure is a common defect in the Land Rover engines and due to this defect in Land Rover timing chains, my vehicle has suffered a premature engine failure…this is a common known FACT!! 

  I would appreciate it if you could arrange for the problem to be fixed under the warranty premium that I currently occupy with yourselves by 22nd April 2022.  As I am sure you can appreciate, I rely on my car for transport, doing the school run, shopping and apart from the inconvenience, this problem has also caused me to incur additional cost.

Please consider this letter as evidence of me having given you an opportunity to repair my vehicle under the terms of the warranty on 10th March 2022.

Furthermore, I have also cc’d the complaints dept from Creation finance as they are financing the vehicle as well as the warranty.  I'd like to think they would like their vehicle repaired swiftly as this situation is pushing me closer  to exercising my rights under “voluntary termination”.

I look forward to settling this matter amicably. If, however, the matter is not satisfactorily resolved by 30th March 2022, I will be taking further action to resolve the complaint through financial ombudsman with the request to end the finance agreement as well making a claim for mis selling.

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That's not a letter of complaint, it's like a forum post ..

 

Forget the warranty, it's not for you to argue about and not worth the paper it is written on .

 

It's not your car, how it is fixed to you is immaterial. 

 

All you want is the car fixed under your consumer rights, it does not work, here is the statuary report I need to provide you with as the fault has developed after 6mts.

 

Let the dealership and the finance company argue it out  how this happens

 

You don't need to waffle, your next move is not the FOS!!

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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Lol thought you might critique the letter. Noted

 

So send the assessor report and copy of email to creation with BMW in cc, and visa versa?

 

I'm struggling on how to compose this communication to dealer and finance. I have a letter in draft but I'm sure it won't be to your standard!! Maybe too long.

 

If my next move isn't FOS, then what is it?

Edited by Hotdog77
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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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Hey thanks for the links

 

Emailed Big motoring world,  they don't want nothing to do with it. Received the following below. Emailed Finance company last week, currently awaiting a response.

 

I'm Feeling proper deflated, in the meantime I'm also shelling out over £400pm in payments.

 

As you have been advised by my colleague previously, the independent inspection has concluded that the cause of failure is due to wear and deterioration and the fault has been progressive. The fault was not due to sudden mechanical failure. The warranty terms and conditions state that the policy does not cover components that fail due to wear and deterioration.
 
Due to length of ownership, being that the vehicle was purchased from ourselves over 6 months ago, the burden of proof that the fault was present at the time of inception, now lies with yourself. 
 

I apologise that I am unable to assist further at this stage.


 
 

 

 

 

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Oh well, let the finance company deal with them and the problem, not your car.

 

Pers i would not have used email but a letter ..of your formal complaint.

 

Dx

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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Should I send a copy of the email to finance company in letter form then? 

 

Obviously your very experienced with these matters. What difference with letter or email? Is it more the impact? Could you articulate me with some knowledge.  Thanks 

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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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Hiya, thanks for coming back. 

 

I did read however did think they're ally applied as I'm out of that 6month right to reject period.

 

 Should I get an independent inspection done now or wait for thier response?

 

 

I gave the finance people 7 days to respond.  I did send them an email too. Should I also post it or wait till the 7 days is up then follow up by email and letter, stating the following:

"Tell them that I want the repair done in a reasonable period of time. That the repair must include arrangements to collect the car for the purposes of the repair.

Should they cause any trouble with either the collection or the repair that i will then proceed to enforce my rights in the County Court

 

Much thanks for your help. If I'm being very honest with you I am feeling rather stressed over this issue.  It a massive inconvenience to my life right now and also for my children. I do appreciate your assistance 

 

Thanks 
 

 

 

 

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Its creation finances car, not yours .

It doesn't work, get it fixed please.

 

Formal letter of complaint simply stating the above and stating please liaise with the dealership I purchased the car from on xxxxx.

By royal mail with proof of posting.

 

The finance should have been your very 1st port of call 30secs after it went wrong.

 

As a side note I notice you mentioned VT, so you want to pay till 50% for a car that doesn't work?  

 

Dx

 

 

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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OK thanks, gir this in wrong order but thanks for pointing out and clarifying to me MY next steps.

 

I don't understand what you said here: 

 

As a side note I notice you mentioned VT, so you want to pay till 50% for a car that doesn't work?  

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On 22/03/2022 at 21:48, Hotdog77 said:

 

Furthermore, I have also cc’d the complaints dept from Creation finance as they are financing the vehicle as well as the warranty.  I'd like to think they would like their vehicle repaired swiftly as this situation is pushing me closer  to exercising my rights under “voluntary termination”.

 

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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hadn't picked up it was a 4yrs HP, they are normally longer.

good idea then if you don't now want it , do a VT now then get it out of your hair??  you won't owe a penny.

 

 

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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Thank you.

 

I left the letter to finance people at work , but will send tomorrow. On their Web it states they can take up to 8 weeks to respond.  So I'm asking if I should stipulate a time on the letter? 7, 14, 21 days?

 

In regards to vt, will it affect future borrowing? Or credit score? Can I do a vt even if the car is not in working order?

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no

no

yes, not your problem its their car. advise them they can argue it out with the dealership/warranty company. fill out the V5C in their name too.

i would also put that you are ceasing payment forthwith as your are well over the 50% mark and the DD will be cancelled.

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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Oh wow, OK so future borrowing won't be affected, and credit score won't be affected either.

 

Omg ruthless fill out v5c in thier name 😳.

 

Letter of complaint that I accidentally left at work will be amended in the morning.  Thanks for your help. It's picked me up a bit as I've been feeling so low.

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simply add to the letter of complaint

 

please find attached my VT letter also

i do not expect you will have any issues with relation to my VT. i will let you and the dealership sort out the car repair should you wish, it's your car and i wish nothing more to do with it.

 

However please carefully note, having recently sought information issued from the likes of the FOS etc upon my situation,  should you wish to make this difficult for us both, then i will happily add you as an additional defendant in a small claim case, which until receiving the recent advice, was my next port of call.

 

i thank you for you time

 

 

xxxxxxx

 

..........................

 

carefully note, its specifically worded above to portray you sought advice, not directly, but should frighten them off enough!!!:pound:

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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Evening,

 

I've finally managed to log back into this account via desktop and not my mobile.  

 

Much thanks for your sound advice.

I feel very weary going into battle (as it feels) with these people.  I can see it being very long and drawn out, especially from looking at other threads. However after your last message, I've been pontificating a lot and feel that I should just go down the vt route and look for a more affordable hp options. However I dont feel that this may be possible.  I have attached a copy of the t&c of the agreement, along with the response i received yesterday.  


I also remember my mechanic mentioning the turbo also needed replacing too.

 

  1. Firstly! My dd came out today and Monday 4th April will be my 30th month out of 48. 
  2. secondly! I received a letter from the finance company...ATTACHED.  From what I've read, it's simply stating that they will see what they can do, but can't promise anything.
  3. Third! In reality I can't afford the payments due to the huge hike in energy prices, plus since having the car, I was made redundant from the job.  I'm now earning a third of what I used to, so now completely unsustainable.
  4. Should get my own independent assessor to inspect the vehicle, take photos and videos for my reference?

  5. In regards to mileage, i would still owe them as I went over the agreed mileage? i'm currently over by about 2k miles over, i'd be charged £0.048per mile....£96

  6. If I'm correct from reading the contract, I'd have to wait another 5 months before I can terminate without having any monies to pay back to them.  So in that case, should I wait for them and get the car fixed, then terminate?

So many questions

 

 

Finance response1.pdf Agreement.pdf

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urm.. never know a HP agreement with a mileage clause AND a balloon payment.

 

you sure this IS entitled  Hire Purchase agreement??

this reads like a lease agreement,.

 

 

 

 

 

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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WWW.ACCOUNTINGWEB.CO.UK

I appreciate that claiming for capital allowances on a vehicle under HP has been mentioned numerous times...

 

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