Big Motoring world/MotoNovo car finance i was coerced into - Car Faulty - want to bailout - help

[codeheaven]

Hello,

 

On the 4th of September, I went to big motoring world to purchase a mercedes.

 

As this I my 1st time of purchasing a car. the car worth £18500 and that was my budget. 

the sales person said that I should go into finance as he added other services which i didnt want. 

He was trying to make me drive the car away on that very day but I refused saying that I cant drive it as I need to get someone to come with me.

 

Having though through it, on the 10th, when I got there, i told him that I wanted to buy the car cash and that I dont want this finance thing. He went out and after about 30/35min, another person came that introducing himself as the sales manager.he then reduced the monthly payment to from £330 to £284 monthly. giving me interest free for one year that I can clear it all within one year interest free.

 

while inspecting the car, i saw a nail in one of the tyre. I told the collections manager about it. She made a called and said that the mechanic have gone home for the day and what do I want to do. I asked if that if I take the car home, how will the tyre issue be fixed. she said that I have to call and bring the car in.

 

on the 11th september, I called and took the car back. on getting there, the collections manager said that since I have driven the car out, that its now my responsibility to fix the tyre. She made several calls and she called the security guard to kick me and my brother out from the premises. 

 

With how myself and my brother were treated considering that the car tyre has an issue, I decided that I did not want the car anymore. she gave me several numbers for me to call, all different offices but all wrong as they said that they are not the one that I need to speak to. she said that I need to take the car from their premises as its no longer their property. I left it there and went home.

 

I went again today to speak to a senior manager, I told him everything that happened, he apologised and said that they will fix the tyre issue, that if I dont want the car anymore, that I have to speak to the finance company and that I have to take the car. I was told that I will be coming in the evening to pick the car up  but I dont want this car anymore due to the way that I have been treated as a customer.

 

Now, that the car is with the dealer,

 

what are my option if I dont want the car anymore?

will I loose my money,

will I be affected by anything?

 

Please advise

 

 

[Homer67]

I'm pretty sure you are within the period to reject the care but wait for others to come along who know more. You may need to advise the Finance Co that you are formally rejecting the car and the agreement is to be cancelled. Did you pay a deposit and if so how?

[codeheaven]

Yes, I paid a large deposit. Am I going to lose it?

 

Their car is already with the dealer they said that they are going to fix the tyre. But considering the humiliation that I had, I dont want the car anymore.

 

Now that the car is with the dealer, should I still go and take and speak to the finance company or I should leave it with them? Please advice as I dont want to lose my money?

 

Please advise if I need to take the car from the dealer while the finance company investigate.

 

[dx100uk]

If you signed the agreement on premises it might be void of the 14 days cancellation rights 

 

Look on the agreement, is there a cancellation box giving 14 days? Or is there a sentence right at the start that says signed on premises?

 

Dx

[codeheaven]

Yes, its states that I have 14days to withdraw from the agreement.

[dx100uk]

good WRITE and tell them you are exercising your cancellation rights under the consumer credit act.

the car has been returned to the dealer under your consumer rights and laws as not fit for purpose and no longer wanted.

 

write to the dealer and tell them the same stating you have informed the finance co. and have cancelled under your 14 days right.

 

and give your bank details to return the deposit too.

 

[codeheaven]

Thank you so much for your response and advice.

 

Will it be OK to;

1. State what the issue is in my response?

 

2. The dealer called yesterday but i didnt answer.  They were calling to ask me to come take the car as they have fixed the tyre but I don't want the car anymore.

 

3. Please could you assist with how my response to both the dealer and the finance Company should be. 

 

Thanks

 

 

Hello,

 

Is there write up ok?

 

"On the 10^th of September, I went to purchase a car from big motoring, having complained with the an issue that one of the tyre has (Nail on it).

 

The collections manager called the site mechanic and she was told that the mechanic has gone home for the day.

 

She asked me if I want to take the car or what do I want to do. I asked her what are my option of fixing the car if I take it with me. She said that I can bring the car back when I want for it to be fixed.

 

The next day, I took the car back only for her to tell me that since I have driven the car out from the premises, that its all my responsibility now.

 

I was upset hearing what she said considering what I was told the previous day and the car was not even up to 24hrs old with me before driving back for it to be fixed.

 

As a customer, I was disgraced and humiliated by this manager that she called the security guard to eject me and my brother from the premises.

 

I left the car in their premises and went home. Yesterday, I met another manager who said that they are going to address the issue and fix the tyre.

 

The manager said that I have to take the car that I come take it as I have signed the docs with you.

 

But I don’t want the car anymore as I am scare of other issues that could be wrong with the car.

 

As a consumer, I am exercising my cancellation rights under the consumer credit act and meeting the 14days cancellation as stated in the agreement

 

The car currently with the dealer and under my consumer rights and laws, this car is not fit for purpose and no longer wanted."

 

 

 

Please can I have a response so that I can take action?

[dx100uk]

you need to remember this forum is FREE

we don't get paid

everyone is a volunteer in their own free time.

 

too busy sheep herding to respond in depth at present.

 

 

[codeheaven]

sorry about that

[dx100uk]

trying to find time but...

 

i've got my doubts about you being able to reject the sale car from the RETAILER solely upon nail in the tire reason. and as you drove the car upon collection, you are deemed to have been able to inspect it, and indeed you did as you found the nail, now that might remove your right to the RETAILER to now state you dont want it . 

 

it does not change the fact you CAN cancel the finance....this is p'haps what the retailer was eluding too, ok finance gone, we've done the tyre, so now you need to take it and pay for it now there is no finance...

 

still thinking here.

 

dx

 

[codeheaven]

Thanks for your kind response. If I cancel it, will i get me full money back considering that I am still within my 14days cancellation. I am planning taking it to a mechanic to check this week before what I encountered with them. If it happens that I discover more issues with the car, talking to them will be very difficult.

 

I will leave you to think about it for your advise. Thanks for your help.

[dx100uk]

you've not paid the finance co. anything...nothing to get back from the FINANCE co should you cancel the FINANCE AGREEMENT.

 

you gave the retailer a deposit,  thats a TOTALLY different thing that needs serious chess playing.

 

now if within 30 days of purchase you produce a report with some serious problems that DO make the car unfit for purpose, then you could reject it under your consumer laws.

 

dx

 

[codeheaven]

So will you advise that I should take the car and if serious fault is discovered, I can reject it? 

 

Again, thanks for your response 

[dx100uk]

as long as you report any serious fault within 30 days of the car being in your possession, you can reject the car without any quibble.

 

i dont pers think a nail in tyre quite cuts that mustard. though its not down to your wear and tear so thats not an excuse for them to use, just that i agree they have treated you badly, stating this and that, that is not strictly true thinking you are a mug.

 

you've now found out your true consumer rights.

 

why dont you suggest that they give the car a full front to back or allow say the RAC/AA to come in and do a full inspection (which you should of arranged as good practice when buying a car..but you are new to all this you say) at their cost and you will accept the car back?

 

explain that your faith in the car and the way they the dealership treated you (pressured into a finance agreement that you didnt need - just so the manager/sales staff get the backdoor commission for the finance sale - opps did i not tell you that!!) gives you worries upon the future if something did go tits up? they might just offer that and then you'll have it in B/W that the car is ok. if it aint over time, you have them by the tight and curlies in writing its OK.....how does that sound.....

 

 

 

[codeheaven]

That's sounds good. 

 

Please would you be kind enough to do a write up template to help me on this?

 

Thanks for helping people like me that is new to this. 

[dx100uk]

there is no template

 

simply state what i suggested, but obv fluff it out a wee bit.

 

p'haps go down the road of this being a show of good will from you and suggesting they accept your suggestion as a sign of good will moving things forward from them.

after all the manager accepted things were not dealt with perfectly their way already did he not?

dx

 

[codeheaven]

Yes, the site manager accepted that things were not done properly. 

 

I will write to the finance company and see what they say.

[dx100uk]

no the dealership.

 

the finance co know nothing to date do they?
 

[codeheaven]

no, they dont know. I am just waiting for your kind advise before emailing them.

[dx100uk]

then its nothing to do with them...they are blind and might well remain that way if things go as suggested.

DEALERSHIP MANAGER.

 

 

 

 

[codeheaven]

so i should write to the dealership to carryout full check to ensure that the car is in good state before collecting it?

[dx100uk]

i hope thats what i suggested looks like you should do..
...unless ive wasted my time today...

 

dx

 

[codeheaven]

you didnt waste your time. your advise is valuable.

 

cant thank you enough

[dx100uk]

why dont you post up your letter to the dealership manager before hand...

[codeheaven]

On the 10^th of September, I went to purchase a car from big motoring, having complained with an issue that one of the tyres has (Nail on it), and 2 tyres are worn.

 

The collections manager called the site mechanic, and she was told that the mechanic has gone home for the day. She asked me if I want to take the car or what do I want to do. I asked her that what are my option of fixing the car if I take it. She said that I can bring the car back when I want.

 

the next day, I took the car back only for her to tell me that since I have driven the car out from the premises, that its all my responsibility. I was upset hearing what she said considering what I was told and the car was not up to 24hrs old with me before driving back for it to be fixed. As a customer, I was disgraced and humiliated by this manager that she called the security guard to eject me and my brother from the premises.

 

I left the car in their premises and went home. On the 11^th, I met another manager who accepted that was not treated well as a customer and said that he will address the tyre.

 

As a customer and knowing my rights under the consumer credit act, I have lost faith in the car due to the way I was treated and even pressuring me into this finance agreement that I didn’t want in the 1^st place just so they could get their backdoor commission for the finance sale, and this gives me a worry upon the future if something go wrong about the car.  

 

The car is currently with the dealer, and I am afraid to collect it as something bad might be discovered and I will be humiliated more than they have done. For me to accept the car, I will suggest that a full check be carried out on the car by a fully qualified engineer.

 

is it ok?