Moneybarn dilemma

[theoldrouge]

So it’s an independent report and it confirms that the issues were there at the time of purchase?

[Candystriper]

It’s independent and it lists all of the problems, including that the problems existed 3 months after purchase. Doesn’t explicitly say there at time of purchase because how could anyone explicitly know that?

[theoldrouge]

And there in lies your problem .

However submit a formal complaint to MB stating all the facts in a clear and concise manner, enclose a copy of the independent report, and state the outcome that you wish to achieve 

( Presumably cancellation of the agreement, return of the vehicle with no financial liability, and retrofit all monies paid)

Then see what,if anything ,MB are prepared to offer

[Candystriper]

I have sent the report to MB and got a call from them today saying they aren’t liable. They say within the first 6 months, the car should be repaired by the dealership. After that any issues are my responsibility. They offered to raise ‘a complaint’ for me after I told them I had taken legal advice. Comments please! 

[dx100uk]

as with MB they make up the rules as they go along.

 

they ARE responsible to sort this out ITS THEIR CAR.

 

dx

 

[Candystriper]

Thanks- what shall I do next then?

[theoldrouge]

So if they have rejected your formal complaint then off to the FOS 

In the meantime play along and let them “raise their complaint “

[Candystriper]

MB have now come back saying it’s nothing to do with them. The contract states general maintenance is my responsibility, it’s over 8 years old so you would expect problems etc etc.

[dx100uk]

scan it up please to one pdf

read upload

 

dx

 

[Candystriper]

 

Moneybarn.pdf

[Candystriper]

Now scanned and attached. My next question is, should I go for voluntary termination? Can I still go to the FOS if I’ve voluntarily terminated?

[dx100uk]

VT would mean that, if successful , you would be saddled with your losses to date, but ultimately could see an end game financial wise you'd know.

 

  You could get vt then complain to the fos you feel you should not have paid for the repairs as the car was not fit for purpose, you might get something back. 

 

or dont vt and complain now.

 

Dx

[Candystriper]

Thank you. Were you able to read the pdf above of their letter?

[dx100uk]

Yes its rhe kind of response id expect, hiding behind wear and tear over 13mts/16k miles of use.

 

Have a read of this. You might find it interesting.

 

 

 

Dx

[Candystriper]

Really interesting thank you. I wonder what the outcome was for her- it doesn’t say. I wonder what to do next? Write back or go to Ombudsman?

[dx100uk]

That post was only today 

 

Dx

[Candystriper]

Thanks- just noticed that. 
the arrears I have are for September, October and November- the months I haven’t had use of the car. I feel strongly that I shouldn’t have to pay this for a car I don’t have. if they default me can I still make a claim?

 

I found the breach of contract stuff you directed me to, really useful.

 

Should I now send that letter with a list of all costs incurred?

Or should I approach the dealer as it seems like they are liable?

 

But- my contract isn’t with the dealer, it’s with Moneybarn.

They do say they’ve investigated but haven’t even inspected the car! I doubt they spoke to the dealership at all.

[dx100uk]

well that's not what the agreement you signed with MB states, just because you don't have the car, doesn't absolve you from keeping to the agreement by making payment, this type of issue needs to be resolved once we know where this is going and making the right party - MB responsible to resolve any outstanding issues.

 

without scrolling back as im out in the field,...

are you indicating that, you have not, that MB have not, to your knowledge, involved the dealership at all to date?

[Candystriper]

In their letter they said that they had spoken to the dealer who said there were no issues when car was bought. 

[dx100uk]

but thats not what is needed to be answered,  the dealership would say that, its if the faults were manifestly there at time of purchase.

 

i'd p'haps write a letter like @BankFodder advised above and copy that to MB and the dealership...who was?

 

dx

 

[Candystriper]

Woodson Cars in Manchester

[dx100uk]

this lot

 

Used cars for sale in Manchester & Greater Manchester: Woodson Cars Ltd

WWW.WOODSONCARS.CO.UK

---

Used cars for sale in Manchester & Greater Manchester: Woodson Cars Ltd: Competitive finance deals, part exchanges welcome, call now!

 

[Candystriper]

Yes.

[theoldrouge]

Bear in mind that if MB default your agreement and then terminate the agreement that you then lose the right to VT
An agreement can only be terminated once 

[Candystriper]

I have written to them as suggested. 
in the meantime, the car as at my local Mini Garage.

 

They say that a company called Engage has rung them to arrange collection on behalf of Moneybarn.

 

does this mean they have terminated the agreement? If they have, I haven’t received notice of this….urgently need some advice!

 

Thanks

 

Here is the letter:

As you know,  on 29^th September 2021 I bought a car from Woodson Car dealership, with your hire purchase agreement  no ..........

 

The car has demonstrated a series of serious faults and it is clearly not a satisfactory quality given its age, price mileage and general condition.

 

Within the first 4 months it was unreliable, with the half power engine light coming on repeatedly and making it difficult to drive.

 

The electrics started to malfunction, the radio stopped working and the parking sensors and seatbelt sensors.

 

As I was not fully aware of my rights and that the liability lay with you as the hire purchase company, I took it to the authorised Mini Service centre, ....................... on 17^th January 2022 and paid for the work myself and incurred an expense of £457.42.

 

I am enclosing a copy of the worksheet and the bill with this letter.

 

They also diagnosed that the car needed new glow plugs, which were replaced by them, and a new Head Unit. The Head Unit was quoted as costing over £1000 and I decided not to get that fixed.

 

I then discovered that actually Moneybarn were responsible for repairs.

 

In June the car passed it’s MOT and was serviced- part of my responsibilities for general maintenance, which I complied with. An advisory note was that it may need a new timing chain at some point.

 

The half engine power warning lights have come on again at the beginning of September, the car has been unpredictable, and frankly dangerous to drive-

 

 I broke down twice, and the last time, I had to be towed by the AA to the Lloyds Mini centre.

 

I paid £99 to have a diagnostic test at Mini, and they informed me that there is a great deal of expensive work to be done on the car, and that further diagnostic tests are needed in addition.

 

This is not just a timing chain issue, the vehicle has other as yet undiagnosed issues.

  

I have been told that the inspection and the necessary work could cost as much as £2,000.

 

Having spoken to an advisor, I now understand as the provider of the hire purchase for the vehicle used in fact have the responsibility to address all of these issues even the ones which have already been dealt with by me.

 

At present the vehicle is undriveable and so it is off the road. This is having a serious impact on my life as I live in a remote rural area and rely heavily on the car for my daily transport.

 

I am writing to advise you that in my view the vehicle which has been sold to me is unfit for its purpose to the extent that I am entitled to treat the contract has repudiated by the dealer and by yourselves.

 

Under Consumer Rights Legislation, I am entitled to and have a reasonable expectation that the goods supplied would be of a reasonable standard and not break down and be unusable within the first year.

 

Clearly, the car was not fit for purpose. Moneybarn and Woodson are in breach of contract.

 

I accept that I have probably complicated the issue by having proceeded to have certain repairs carried out without reference to you but the defects which have not been dealt with by me are clear.

 

I expect that you will wish to carry out your own examination of the vehicle before you agree that it should be returned to the dealer and that I should be reimbursed for the purchase price and for any outlays incurred by me so far.

 

Please will you let me know what arrangements you intend to put in place to implement that inspection and whether the inspection should be carried out at ................ where the car is currently located, and as previously advised, incurring daily storage costs.

 

As you can imagine, this matter now needs to be dealt with quickly because I am in a position where I do not have a vehicle and this is something that cannot continue you very much longer.

 

I have paid the agreement upto September 2022, which is when the car became undriveable. I am happy to pay those arrears once we have a solution to this situation.

 

I cannot afford to pay for a car which I cannot drive. I believe and am advised that Moneybarn is in breach of my consumer rights, and this contract should be terminated and my money returned, minus anything outstanding. I am also entitled to be reimbursed for the money spent on repairing Moneybarn’s vehicle.

 

Regards

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

 

cc. Woodson Cars