WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[dx100uk]

On 28/11/2022 at 17:05, Giraffegirl13 said:

Still trying to chase a garage to do a proper report for me 🫣

 

Had this email back:

 

"I have reviewed your evidence and invoices. None of them confirm the current faults would have been present from point of sale , or provide the current mileage.

 

Unless you can provide a statement of truth from the mechanic confirming the faults were present from point of sale. We will not be able to hold the dealer liable for repairs. Can you please provide this within 7 days or we will not be able to support you further."

 

These are all the dates laid out from start to finish of all the issues I've had. Final issue was *1* day over 6mths (of course it was!), but obviously backdating all the issues is before 6mths.

 

Complaints department didn't seem to read my previous email at all.... 
 

Driven out of dealership: 29/4/22

Oil leak detected: August 2022

Clutch issue detected (and history of clutch price looked into a year before): 9/9/22

Weird metal clip found on clutch pipe (neither dealership or personal garage knew what it was, or wanted to touch it...): 9/9/22

Rear diff issue found: 4/9/22

Rear diff broke apart: 12/9/22

Rear diff replaced (£1000+): 15/9/22

Engine overheated, car broke down and now undriveable (needing £4000 repairs): 30/10/22

who is the above from?

 

dx

 

[Giraffegirl13]

That was from the finance company. They emailed again yesterday "closing my complaint" because "there's nothing they can do"...

Totally ignored my claim request and other info, and the fact that issues date back within 2months of getting the vehicle.

 

Someone mentioned a section 75 claim as well?  

[Giraffegirl13]

Looks like I'll be putting a claim through tomorrow - how does this sound for the overview?

 

 

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

 

Within the first 3 months it was found to have a faulty clutch and serious oil leak. Soon afterwards, the differential unit failed and had to be replaced in order to keep the vehicle on the road.

 

The car has now started to overheat and had to be towed back to my home, and has been unusable since 30/10/22.

Close Brothers have refused to acknowledge or investigate the serious issues that have arisen and yet I continue to pay finance on an unusable vehicle.

 

I wish the contract to be voided, all monies (and subsequent expenses) refunded, and the car taken away."

 

[BankFodder]

It needs modification. Please check back tomorrow

[Giraffegirl13]

Great thanks. I'm all set to put the claim through now

Any news?  

[BankFodder]

Sorry, got sidetracked. Standby – but the principle is that you formulate your particulars of claim simply establishing a cause of action and without giving too much detail. In fact you give as little detail as possible so that you don't give any clues as to the response.

You let the other side commit themselves in their defence and you see what they have to say. Normally speaking they tend to give their game away.
It's sort of – I'll show you mine if you show me yours, but you must show me yours first.

If you were a fella, you'd understand.

[BankFodder]

I'm afraid I've been out of the loop for a while and I have been trying to refresh my memory by scanning the five pages so far as this thread.
Please can you check the draft below and comment.

Anything that is wrong? Anything that is missing? Anything you would like to add?

 

Quote

I entered into a hire purchase agreement on XX date with the defendant in order to purchase a vehicle – make XX, model XX, registration number XX. Finance agreement number – XXX for £XX.
Within the first five months the vehicle demonstrated defects and is not of satisfactory quality.

The claimant was informed by the supplier that it was her responsibility and being unaware of her rights, she has proceeded to have certain repairs carried out at her own cost.

The vehicle is presently I drive the ball and is being stored on the claimant’s premises.
The supplier of the vehicle and the defendant have both been fully informed and have refused to take any action.

The claimant seeks full reimbursement of purchase price – £XXX

Reimbursement of repairs/improvement costs £XXX

Recently incurred expenses – insurance and so forth £XXX

The Defendant has been notified of a storage cost of £XX per day until the day of judgement or settlement of the issue.

Plus interest

Plus costs

 

[Giraffegirl13]

Sounds perfect, Thanks! Will spellcheck and send claim later when I get back from work.

Out of interest do you know is I can look into Section 75 as paid by CC as well?

 

moneysavingexpert.com/reclaim/section75-protect-your-purchases/

 

Ah it's too long >.< lol I'll try cut it down a bit :s

[BankFodder]

Please post the draft here of whatever you decide to use before you click it off

[BankFodder]

Why should this be an action based on a credit card agreement?

[Giraffegirl13]

This is literally as long as it can be.

 

 

 

I entered into a  By an HP agreement on 30/4/22 with the defendant in order to purchase a vehicle I bought a car
– Kia Sorento, XXXXX for £7700.

Within In the first 5 months the vehicle car demonstrated defects and is not of satisfactory quality.

 

The Claimant was informed by the supplier that it was her own responsibility. and  Being unaware of her rights, she has proceeded to have  had certain repairs carried out at her own cost.

 

The vehicle is presently undrivable and is being stored on the claimant’s her premises.

 

The supplier of the car vehicle and the defendant have both been fully informed and have declined to act refused to take any action. The 

 

Claimant seeks full reimbursement of purchase price,
repair costs & incurred expenses - £5470.53.

Defendant has been notified of storage cost.

[BankFodder]

Check the edits above. I have got you some extra space. However I have a feeling that there is another MoneyClaim beta website which allows you a greater word limit.

@dx100uk @Andyorch

[AndyOrch]

PRACTICE DIRECTION 51R – ONLINE CIVIL MONEY CLAIMS PILOT

WWW.JUSTICE.GOV.UK

 

[Giraffegirl13]

Thanks will look when I get home

[Giraffegirl13]

Claim in eek bye bye £450 court fee xD

[AndyOrch]

Forms part of your total claim so will be paid back if the claim is successful along with interest on the amount claimed.

[Giraffegirl13]

Hopefully I win 🫣

[BankFodder]

But I've suddenly realised that the total comes to more than 10,000

[BankFodder]

I think we probably should have made it clear that we were seeking reimbursement of the money paid so far which would then all come to less than £10,000.

I have to put this when the directions questionnaire comes through

 

[AndyOrch]

It can sometimes still remain a small claim if the costs differentiate and exceed the threshold.

[Giraffegirl13]

5470 + 450?

[BankFodder]

Sorry, I was adding the full value of the car to the 5,000 .

I was having a senior moment!

 

[Giraffegirl13]

Not heard a peep from anyone about my court case (apart from the confirmation email and 1 letter in the post saying Finance company were served on the 24th Dec).

Tomorrow (9th Jan) is the last day for them to 'respond' to my claim, and if they don't respond I have to put it to a judge.

I haven't yet put any evidence forward, apart from my opening statement - I presume if Finance refuse to respond and I take it to a judge, I will be notified and have to put all my invoices etc in as evidence?

 

[dx100uk]

they must acknowledge the claim by day 19 from the date on your claimform.

however there is one extra day added for the holiday period + this time of year, mail/emails etc typically take an extra week to be seen. so add 7 dyas too. if by then no AOS done you could try and request judgement. again via mcol.

 

 

keep an eye on MCOL status .

 

dx

 

 

 

[Giraffegirl13]

Thanks - will keep an eye online. Looks like they won't respond at all. Will keep updated