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    • After the dealer failed to refund the money I checked the sort code and account number to reveal which bank received the money. It turned out to be HSBC BUSINESS DIRECT ONLINE. I called them and they confirmed the account name wasn’t Langley Cars though obviously didn’t tell me the correct account name. My bank contacted HSBC after I reported this to be fraud and they did in fact do a charge back but reversed the decision when the dealer sent a copy of the receipt he gave me for the deposit where it said it was non-refundable. I said that doesn’t mean anything when the car should never have been put on the forecourt when it was a death trap, and not fit for purpose.   The MOT revealed only a few of the faults which he agreed to correct in a week as I needed the car to travel out of London for work. He didn’t meet that deadline either because there were other more serious problems as identified by my independent car check. The same mechanic informed the dealer of these faults. The car wasn’t fixed by the agreed date due to the extensive repairs needed. So he was in breach of our contract on many levels.    I requested the bank find out the correct name of the account and they said the only information they had was like you said was the account number and sort code. I challenged the bank stating that whenever I create a new payee if the name doesn’t match the registered account name, it declines the creation of the proposed payee. So what happened in this instance?    I checked company’s house using the address from where the dealership is located and there was neither the two names, one was aa advertised in AUTOTRADER and the other on the courtyards entrance. I thought as I had made payment to the dealers ‘Trading as’ name that it would more than likely be enforceable than any other. Indeed the Bailiff was the one to call me and say that a variation of the warrant of control needed to be done before he could go and enforce the order. I cross-checked the address on Companies House website and got 3 different business names. Only one appears to be car related.  I am unsure as to what I can do within the variation of the warrant which the bailiff felt was appropriate. I will speak to him again Monday. 
    • Their PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4. iit was not posted until 13 days after the event for one thing meaning it would be deemed to arrive on the 15th day instead of the 14th day. Now though we cannot expect that your PCN also missed the deadline there were still two other things wrong with the wording of the PCN that if your PCN has the same wording as your friends means that your PCN would not be compliant either. Their PCN does not specify the period of parking as required n the Act. It does show the ANPR arrival and departure dates but as those times include driving from the entrance to finding a parking place then later driving from the parking place to the exit cannot be described as a parking period. I suspect that the " Important Note" on your form will also not comply though I cannot be sure until we see your actual PCN.The reason I can't confirm that is because they sent out the PCN too late they have said that they are pursuing your friend on the assumption that they were the driver as well as the keeper-something that Courts do not accept. But it does look as if your PCN is not compliant which means that the keeper cannot be held liable to pay the charge. Only the driver can be made to pay it. If you have not appealed and revealed who was driving, there is no way that  Excel know who was driving.  So just to be sure please send them an SAR . On another topic do you have any proof that you did not stay there for so long just to really spoil Excel's day.
    • As your first PCN was a Notice to Driver which would have been followed by a Notice to keeper over a month later [even though it may only state Parking Charge notice] it is even more necessary to send PE an SAR. If either document fails to comply with the Protection of Freedoms Act  2012 Schedule 4 then both you and your father are in the clear. So you do not need to worry about is any paperwork from unregulated debt collectors and fifth rate solicitors. The only thing to look out for is a Letter of Claim and all you have to do is respond with a snotty letter back to them .  
    • Thanks so much dx. I really am grateful for your advice Billy  
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Mazda/Santander PCP - My 2 week old new car is faulty and dealership won't replace it.


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Hi I'm a newbie and really hope that someone can give me some advice please.

I purchased a new car on pcp

two weeks after picking it up, it broke down,

the recovery company put it on a diagnostic machine and deemed it unsafe to drive, I had to sign a waiver that I wouldn't drive it.

The report also showed that the very same fault had happened before at 2 miles on the clock and this code had been deleted, this was before I took bought it.

 I took delivery of the car with 10 miles on the clock.  Eventually it was recovered back to the dealership, who eventually after over a week was told by the manufacturer that it needed a powertrain module , but this isn't in stock and has been put on back order for at least 8 to 10 weeks, but could be more.

I have asked the dealership for a replacement car, as I wasn't happy that such a major fault had happened and after just two weeks of purchasing it, that the car had been sold to me with the fault, and that I could be without my car for months.  They have said no, they are going to repair it.

I have spoken to the finance company that I have the pcp finance with and they have said, that because the car was taken back to the dealership, the short term right to reject it now void. 

Is this correct because it doesn't seem fair.

Thank you for reading it and hope you can help.

Thanks

Tina

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Welcome to the forum.

 

I have moved your topic to the appropriate forum please continue to post here.

 

Andy

We could do with some help from you.

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What is the name of the dealer?

What is the name of the finance company?

You have it in writing that the finance company said that the short time right to reject is now void?

Please can you give us a bullet pointed chronology of events. We have no idea of the timescales here.

Please tell us about the car – make, model, mileage et cetera.

You also haven't told us anything about the price paid and whether the finance was a loan or hire purchase

That lot to start with – at least.

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Hi,

 

Thanks for the reply.

The dealer is Mazda

The finance company is Santander

I haven't got it in writing, I was told via a phone call today, but I'm sure that I will get this.

I purchased the Car on the 21/4/2023

It broke down on the 5/5/2023

The recovery company carried out a diagnostic report on the car on the 5/5/2023

I was told the car wasn't safe to drive and to sign a waiver on the 5/5/2023

It was noted on the diagnostic report 5/5/2023 that this same fault had previously happened at 2 miles on the clock but had been cleared.

The car was taken to the dealership on the 10/5/2023

The dealership informed me on the 16/5/2023 that it needed a powertrain module and that it was on back order for at least 8 to 10 weeks.

I requested a replacement vehicle on the 17/5/2023

I was told today that the dealership will not replace the car.

The Car is a Mazda CX5 Takumi

I purchased the car with 10 miles on the clock

The car has done 149 Miles (5/5/2023)

The purchase price was £28750 (after deposits)

The finance is PCP

My first payment is due on 22/05/2023, which I know I have to pay.

 

Hope this is ok

Thanks

Tina

 

Edited by onlythiswayup
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thats Santander for you!!

 

can i just 100% confirm, the car is directly mentioned by reg/vin etc on the agreement?

and this is a brand new car?? not a 2nd hand one?

 

 

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 Mazda/Santander PCP - My 2 week old new car is faulty and dealership won't replace it.

Sorry, PCP??

You should immediately write a letter to both of them – the dealer and the finance company and tell them that you are asserting your rights under the consumer rights act because of the defects in the vehicle and you want a refund, cancellation all agreements and to know what arrangements they are going to make to recover the vehicle.

You only have 30 days from the date that you purchased the vehicle and that means that you better get the letter into them now – by email. Don't hang around.

I do mean – Now.

Come back here when you have done it

 

In your letter, refer to the conversation you had with the finance company and say that this letter is a confirmation of your assertion of your right to reject which was originally made by telephone on XXX date

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9 minutes ago, onlythiswayup said:

Hi,

 

I'll write the letter now, thanks, is it the consumer rights act 2015?  and can I put in the letter that I request a replacement vehicle?

 

 

Tina

 

Yes, you can request a refund or replacement at your option.

But for the moment don't start getting worked up about what you're going to ask for. Simply send the letter asserting your rights and telling them you want the refund and that they must collect the vehicle.

This has to go by email straightaway. The only have 30 days and you are pretty well there.

Once again, don't hang around and don't come back here until you can tell us that you have sent the letter

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ruddy fleecers

you do realise it's santanders car not yours...ID10T's the lot of 'em.

 

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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Share on other sites

Don't expect anything to happen, but at least you have a asserted your right within the statutory time.

 

Let us know if there is a response or if there is no response within the next 5 days.

 

Where is the vehicle now? And is it working?

Also, I think that you should send an SAR to whichever company told you that you had now lost your right or rejection.

 

Send the SAR this weekend. You will need to accompany it with some proof of identity such as a utility bill and maybe a copy of your finance agreement

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I am expecting them to just ignore my letters, but yes at least I managed to get the emails off in the 30 days, I have you to thank you that.  The car is in the dealership workshop and cannot be driven as it's too dangerous, it will be staying in the workshop until the part becomes available, which could be at least 10 weeks, I will have paid 3 monthly instalments by then.

 

It was Santander that told me that my short term right to reject has been voided as the vehicle was taken back to the dealership.

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Send them an sar.

 

Make it clear that you want recordings

 

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Well the letter worked!

I received a call from the dealership yesterday afternoon, acknowledging my letter, they have offered me a new car, but it might not be available till august, they're looking into it.  

They have said that if I want this option, Santander would swap all the details over from the car now to the new car, when the new car arrives, but until then I would have to continue paying the finance on the cx5 that I still own, that is sitting in the workshop and un drivable (would you know if this is correct).  

I think they would continue supplying me with a hire car, but they are checking this, but it is not the same spec.

Also I will have to pay a fee to switch my car insurance over when the new car arrives, so have asked that they pay this.

 I haven't spoken to Santander as yet, just waiting for the dealership to come back to me with answers. 

I sent the Sar to Santander.

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Quote

They have said that if I want this option, Santander would swap all the details over from the car now to the new car, when the new car arrives, but until then I would have to continue paying the finance on the cx5 that I still own, that is sitting in the workshop and un drivable (would you know if this is correct).  

 

I wouldn't think so you are not going to pay 3 months or longer for something you cant use I would of thought that they could suspend the agreement or void it.

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I would have thought that too but, Santander told me on the 19/5/23,  (this was when I was told that I had to let the dealership repair it and wait at least 10 weeks and it was before I sent the letter) that If it looked like the car was going to take a long time to be repaired and that I had a rental car they would look at reducing my payments by 20% and that if I didn't have a rental car, then I wouldn't have to pay anything.  

Also that they would look at some sort of compensation later on.  

This is the telephone recording that I have asked for in the SAR.

The rental car was supplied by Mazda Assist not Santander.

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Mmmmm and do you think they will keep to that verbal offer once you have mad the full monthly payments ? I would want that confirmed in writing.

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We could do with some help from you.

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Will the warranty date be reset?

Assuming you even get the new car in August, you'll be a MINIMUM of 4 months between "taking delivery" of the car and actually getting it...

 

All sounds a bit messy to me.

 

I don't know what market prices of cars is like, but would it be worth considering a total reset, refund and start again?

You'd also need to look at the cost of a new pcp deal.

(Also, if you won't be actually buying the car at the end of the term, it may be a cheaper option to look at a personal contract deal.)

Edited by Nicky Boy

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forget warranties, not worth the paper they are written on.. CRA and contract/agreement laws are your friend.

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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If you are relying on your short-term right to reject – rejection within 30 days – and a replacement is being supplied then your position should be as if the contract has been reset and you are beginning again from zero.

You should make this clear to them in writing that this is what you are expecting and that if they have any objections to this than they should express them now and in writing but that you will not accept any objections at all.

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Santander are still saying that if I accept the option a replacement vehicle I will have to carry on paying the instalments at a reduced rate until the replacement car arrives, they've also still said the dealership don't have to accept the short-term right reject.  

I've had enough now and have decided to just reject the car and ask for my deposit back.

 How do I sort out cancelling the finance , is there a way of putting it in writing?

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Section 99 of the Consumer Credit Act 1974 sets out when you can voluntarily end an HP or PCP agreement. It covers both new and used cars. All car finance agreements have a 14-day cooling-off period. Your 14 days start on either the day that you sign your agreement or the day that you received a signed copy it, whichever happened later.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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