UK Car Group/Billing Finance HP - New car with issues

[BankFodder]

4 hours ago, stuggling said:

When I ask for date or return they do not give this over

They have done there own report and we got email Monday saying issues are due to driving it short distance and they will only contribute to repairs amd awaiting a quote for repairs, we asked how our driving causes the issue and they said the reports say and would be used in a court of law

 

So I understand that you have asked for a date for the return of the vehicle and they don't give an answer – is this correct?
How many times have you asked them?

I also understand that they have done their own report and they have said that the issues are caused by the fact that you have been driving the car only for short distances and because of this they will only contribute to repairs and they are waiting for a quotation for repairs. Is this correct?

Aren't they the repair garage themselves? And so shouldn't they be able to give you a quote for repairs immediately?

You have asked them about why your driving is responsible for the issues and they say that the report they have would only be used in a court of law and this is the reason they can't disclose it to you. Is this correct?

 

[stuggling]

We have asked 8 times for a date of return, each time they just say we have to allow then time to do reports.

Yes that's correct to the issues (though it's was used daily on motorway) 

We have questioned why no quote at same time, they have responded saying awaiting dealers garage to give quote, I asked how they are allowing this when they found no issues with the car, still no response. 

 

When asked how my driving was responsible they said that the report we got from ivis shows there weren't faults at time of purchase and this would be used in court, I asked how this is possible as ivis did not inspect the car at point of sale. They also are convinced we used it for short journeys as that is what ivis have told them. 

 

 

 

[BankFodder]

Okay I'm getting the general picture.
We need to start assembling some documentation please.
He said that you've asked them eight times for the date of return. Have you done this in writing? If so, please can you assemble the messages – presumably emails.
One email per page please. We don't want pages of emails repeating the previous messages et cetera et cetera et cetera.
And also their responses.
So what we want is a multipage single file PDF document with your email to them, their email to you, your emails to them, their email to you – et cetera.
We also like to see the message asking why there was no quote and their response – once again the messages one per page – PDF.
Your message asking why they were allowing this when they found no issues.

Your message asking how your driving was responsible for problem and pointed out that IVIS did not inspect the car at point of sale – (which is a very excellent point to make, by the way)

Their message where they repeated the IVIS opinion that you had only use the vehicle for short journeys.

How long will it take you to get all of this please.

Do you have the MOT certificate that they issued – the new one? What is the name of the garage which produced the MOT certificate. How far is it away from the dealer?

[stuggling]

I will.get all these sorted before end of day today, due to amount of emails to go through.

 

We have the MOT certificate (it's in car, but can get the one on gov website) the garage was called Golborne MOT LTD and is 1.6 miles away. 

[BankFodder]

Aren't we also waiting for the Vauxhall inspection report from you? You did say that you are going to upload that but it doesn't seem to have appeared.

I also asked you to let us know exactly how many days you have use the car. We don't have that information either.

 

Also, when the car is eventually returned to you – if it is returned to you – you must make an immediate note of the mileage and inspect it for any damage that might not have been there when you gave it to the garage.
 

[stuggling]

The vauxhall one is page 2 on the pdf report above, its mixed in the ivis one but its a screen shot. 

Also used for 35days in total 

I'm sorting the emails and just got this response: 

Quote

 

The repairs were agreed prior to the supplying garage disputing liability. As such an independent inspection was completed to ascertain if we would be liable to assist with repairs, and to understand the faults better.

 

On this occasion, the independent inspection company has advised we are not liable for the found faults. Please see attached a copy of the report which will clarify the reasoning behind the report’s conclusion.

 

We have agreed to contribute towards the repairs, but we would need to understand how much it would cost to repair the Vehicle first. Therefore, a repair quote has been requested from the supplying garage. Unfortunately, the supplying garage are unable to provide this at the moment from their garage but have offered to look for quotes locally. Until we are able to review the quote, we cannot confirm the contribution towards the repairs. Alternatively, you can arrange collection of the Vehicle and provide a local repair quote for us to consider.

 

If following our offer Mr ... decides to decline, then we would look to close the complaint on the basis of a failed resolution, and you would be required to collect the Vehicle from the supplying garage. We would not be supporting your request to reject the Vehicle as we a not liable for the faults.

 

If you have any questions, please let us know, but we will contact you once we have received the required information.

 

 

[BankFodder]

Astonishing. Please could you post up the entire email here – using the quote function. It's much easier.

We would like to have the whole lot – including the Department which sent it, the date, reference – everything and whoever signed it.

This is in response to what?

It seems that they are now suggesting that you can collect the car if you want.

 

[stuggling]

When I'm on main laptop I will try upload it gives 54 pages to upload of emails to load, and I can't edit our names etc out, 

 

It was a response to me which was

Quote

 

 We have an email to say that car will be fixed and legally entitled to a repair or for a full refund on anything we have paid, 

 

You must prove the fault was not there at purchase, I have my own evidence showing otherwise and that it's not used on short journeys as you suggest. 

 

Short journeys is not evidence and its not used on short journest daily as suggested by yourself, it's is used daily on motorway for over an hour each way. And under the consumer rights acts 2015 the car should be of satisfactory quality, fit for purpose and as described, my rights have been breached because the car you sold me is faulty I would like you to put this right by repairing the car at your costs as agreed on previous emails. 

 

Therefore you must fixed the car or refund all finances costs we have paid so far and incurred while not having a car. 

 

 

 

They are saying if we collect the car they will close the complaint and that they will not contribute to the repairs they also said the fault with DPF is due to the air con unit which after talking to a mechanic is not possible. 

[BankFodder]

I think we would like to see the actual emails please.

The redaction of your personal details is not important if you aren't bothered.

However, are these 54 pages the emails which I've asked for above or is there more?

At the moment I only want to see the emails which I have asked for above. However I don't want multipage emails quoting the previous email and then the previous email and then the previous email et cetera et cetera.
That way we get multiple copies of the same email – and we need to avoid that for simplicity

[stuggling]

That's the issues it's more, and alot repeating so in work I can use main laptop to try sort and filter etc, as my phone will. not let me. 

It's gives our full names and would rather not be public 

[BankFodder]

In that case, produce a document containing only the originals of each email – without all the copies – in date order. Don't worry about redacting it and send it in confidence to our admin email address

 

Put the title of this thread in the subject line

[dx100uk]

or PM it to @BankFodder or @dx100uk

[stuggling]

Thanks I will.sort this tomorrow I will put then all in a word document as a pdf and send over. 

Also to note my parents have purchased a £500 car for us and made sure its all good and up to standards, I will be paying them back but I needed a car due to my son needing physio 

[BankFodder]

Keep it as short as possible and manageable please in good order – good quality scans – no photos. No repetitions.
If this goes to court then you going to need anyway.

[stuggling]

Yep it's all a pdf file 200 so far I'm going to go through on my breaks to take repeating sections out etc 

[BankFodder]

Well 200 pages is more than we can manage.

I especially wanted the a emails that you sent them and their responses. You said often they didn't respond so that's a maximum 16 emails – 16 pages.

In addition to that there are a few other messages – but according to your post not more than about six.

I also think that it might be a good idea to stop putting together an index page.

If you read our advice on preparing a court bundle, you will have particularly the reference to preparing an index page using a spreadsheet.

I think this will be an extremely good idea so that in addition to the emails that we have asked for, maybe there is an indexed list of all the correspondence and reports et cetera.

These would be in date order – (identity of the parties – from X to Y) – very brief description (hundred characters max) – your comments (200 characters max).

Once again, as well as manageable for us – and don't forget we have a lot on as well and we don't get paid – you will need to do something like this if the matter goes to court – and it probably will.

In terms of possible court proceedings, I envisage that you will be sending them a letter of complaint next Monday and then probably the following Monday you will issue a claim in the County Court depending on their reply.

However I think it's important to get the car back and I'm going to have a look again at the note they have sent you about collecting it and what it means. I think your letter of complaint on Monday will address that as well as making a complaint.

If it goes to court – then I would suggest that you will ask for rescission of the contract – and if the court declined to do that then damages.

We will have to have an independent inspection. I don't think we've seen your Vauxhall independent inspection have we?

It will probably worth getting another one.



 

[BankFodder]

Also when you quote people's emails, can you please use the quote box. It's at the top of the message form – and you never use it

Also you never date anything. Why not? It's quite normal to date things so that we can at least form in our heads a chronology even if you won't give us the information.

 

And yes going back I see that you have produced the Vauxhall independent report – but you say that is mixed in with another one. Not helpful

[BankFodder]

Hello, I'm hoping that you have an update on this and that the information we need can be provided to us so that we can move onto the next step.

I visited at the next it will be a full complaint and a letter of claim.
I'm sure that the car will be returned to you and then we should get an independent inspection and move forward with a claim

[stuggling]

Sorry alot of unwell people at mo in house, I'll try get sorted tonight , my partner has more emails I.was not aware of, so it's alot to go through the pages are alot due to there logo etc 

[BankFodder]

Okay thanks.

I know we are being very demanding here – but when we get it all sorted out it will be fairly straightforward and you will feel quite relaxed about it.

[BankFodder]

She is going to start again because this is going completely wrong