Jump to content


  • Tweets

  • Posts

    • Northmonk forget what I said about your Notice to Hirer being the best I have seen . Though it  still may be  it is not good enough to comply with PoFA. Before looking at the NTH, we can look at the original Notice to Keeper. That is not compliant. First the period of parking as sated on their PCN is not actually the period of parking but a misstatement  since it is only the arrival and departure times of your vehicle. The parking period  is exactly that -ie the time youwere actually parked in a parking spot.  If you have to drive around to find a place to park the act of driving means that you couldn't have been parked at the same time. Likewise when you left the parking place and drove to the exit that could not be describes as parking either. So the first fail is  failing to specify the parking period. Section9 [2][a] In S9[2][f] the Act states  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN fails to mention the words in parentheses despite Section 9 [2]starting by saying "The notice must—..." As the Notice to Keeper fails to comply with the Act,  it follows that the Notice to Hirer cannot be pursued as they couldn't get the NTH compliant. Even if the the NTH was adjudged  as not  being affected by the non compliance of the NTK, the Notice to Hirer is itself not compliant with the Act. Once again the PCN fails to get the parking period correct. That alone is enough to have the claim dismissed as the PCN fails to comply with PoFA. Second S14 [5] states " (5)The notice to Hirer must— (a)inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer; ON their NTH , NPE claim "The driver of the above vehicle is liable ........" when the driver is not liable at all, only the hirer is liable. The driver and the hirer may be different people, but with a NTH, only the hirer is liable so to demand the driver pay the charge  fails to comply with PoFA and so the NPE claim must fail. I seem to remember that you have confirmed you received a copy of the original PCN sent to  the Hire company plus copies of the contract you have with the Hire company and the agreement that you are responsible for breaches of the Law etc. If not then you can add those fails too.
    • Weaknesses in some banks' security measures for online and mobile banking could leave customers more exposed to scammers, new data from Which? reveals.View the full article
    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Sold used faulty vehicle , brought from Cinch with BlackHorse finance.


Dolly-21
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 162 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I brought a car from Cinch £1000 cash deposit upfront from myself and financed by Black horse is £16,950 in may 2023 

MOT for vehicle done February 2023

upon delivery the wiper blades were worn, which I had to replace within 6 days of having the vehicle, which Cinch wanted photographed evidence of receipt and old wiper blades we were then reimbursed for the wiper blades, which would of made the car unroadworthy and was unsafe due to not being able to see clearly during rainfall, I also noticed cosmetic issues not reported on description of vehicle before being sold, there was no tick check sheet completed with myself when they drove the vehicle over 100 miles to deliver this to me,  

the vehicle was presenting with locking system issues which again was reported within 14-30 days, jumping off fast in 1st gear then returning to a normal speed, entertainment system switching on and off, disconnecting, not turning on at all. Despite informing cinch none of this was sorted.

In September 23 Check oil light came on I checked the oil, which had oil, but light did not turn off, EPC light then came on followed by Engine Management Light, I informed Cinch to be told Not to drive the car.

i spoke with Black horse regarding this all to be told I am unable to reject the vehicle and I have to give cinch a chance to repair or replace. The vehicle was booked in by Cinch 8 weeks later 30/10/23, then change to 11-10-23 which I was made aware of the day before,

the vehicle went in for a diagnostic, it was stated the software system needed to be updated and also a replacement oil separator, all of this was no charge but said that they are not holding responsibility as these issues were not there at point of sale, and I have given no rock solid evidence despite sending pictures across, emails and informing Cinch straight away of any issues which have been many, again it’s stated this is due to wear and tear

i had a private diagnostic done on 11-09-23 in fear of being blamed for the issues as I have been by Cinch and also Black horse

my diagnostic matched with garage but as they were not asked to look at locking system issues this was unable to be completed, therefore Blackhorse are stating this was not an issue and have dismissed this as not Rock concrete evidence completely unfair. neither company arranged for a independent investigation/inspection following the faults issues I reported instead Cinch, Blamed my wear and tear and Blackhorse told me that “it's the risk you take with buying a used secondhand car” for £23,950 with the vehicle only being 4 years old. 

software was updated I was told by garage that should correct problems , The entertainment issues continue if not more. I was told by finance company to give one chance or repair or replace? also Locking system issues persist and have not been looked at,

Cinch told Blackhorse an appointment was made for this but I did not attend (an appointment I did not know about?) they're again being dismissed by Black Horse, I was just told to report this again to cinch as issues still ongoing? Again they’ve not been corrected since informing cinch and I’ve given chance to repair or replace as advise.

 

cinch have used constant delaying tactics Aswell as black horse.

delaying returning my calls Blackhorse stated cinch had 8 weeks to look into my concerns and the car can be off the road for 8 weeks? 

I want to reject this car under my consumer rights, Blackhorse have said to pass this onto the financial ombudsman.

i feel completely conned I have done everything I feel as a customer I could in regards to bringing these fault issues to Cinches attention within days.

Any advice I would be so grateful for this is literally making me ill, I have lost all trust in this car and feel that something is not right with it.

Thank You 

 

 

Link to post
Share on other sites

  • BankFodder changed the title to Sold used faulty vehicle , brought from Cinch with Black course finance.

Was the finance a loan for the vehicle or was it a hire purchase agreement?

You have referred to a number of interesting things which apparently were said by the finance company. Were these in writing?

Link to post
Share on other sites

  • BankFodder changed the title to Sold used faulty vehicle , brought from Cinch with BlackHorse finance.

I think is important to know whether it is simply a loan for a car under the consumer credit act or if it is a hire purchase agreement. If you are sure then you should look at the papers that you have signed to obtain the finance.

You said you have had a final response and this suggests that you have begun a formal complaint, that they have had eight weeks to consider and that they have rejected your complaint and say you are now free to go to the financial ombudsman.

Please can you post up their final response in PDF format.

Also, I asked you if you had it in writing that Blackhorse stated that the locking system problem was not an issue and the suggestion that your complaint was unfair.
Do you have it in writing that Blackhorse told you that this is the risk that you are taking when you buy a used second hand car?

Your first post is pretty wordy – it would be helpful if you could summarise it all in a number of bullet pointed steps in chronological order.

At one point you said that you had contacted them within the first 30 days. Can you tell us about this contact. Was it in writing? What did you say? And what did they say?

We need you to address all of these questions carefully but also to respond briefly without a lot of narrative

Link to post
Share on other sites

black horse are lloyds and it will be a hire purchase agreement whereby the car is specifically mentioned as the reason for the loan. 

 

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... 

Link to post
Share on other sites

Sorry this is a hire purchase agreement 

I apologise for the confusion.

• Yes I have made lots of complaints to Cinch regarding all the issues first raised first 4-6days (May 23)after this was delivered…(window screen wipers,scratched window screen,locking system issues, entertainment system issues,cosmetic issues,felt like jumping off in first gear,also called black horse to make aware and told I must go to cinch regarding these issues.

• Received acknowledgment from Cinch of faults via email

• On 20/09/23 Blackhorse agreed to take a complaint from myself in regards to all of the issues and getting no where, my complaint was taken over the phone and I was told to submit evidence.

• submitted all evidence, acknowledgments of my calls to report issues and faults.

• I then received the very first phone call from Blackhorse on 10-10-23 regarding my complaint the same day I received a txt message of appointment forward for a diagnostic at a different garage the day before was originally booked in 30/10/23 which would of been exactly 8 weeks off road, I mentioned this to Blackhorse.

• After Cinch not given the go ahead for the repairs at garage and demanded pictures and videos of the tyres first, which they received 

• Blackhorse stated they upheld my complaint with seat which when I presented this a seat this was denied, my private diagnostic on 11/9/23  matched fault codes with seat on 20/10/23 on collection of vehicle, and seat was not instructed to look at electrics other than update software due to the screen/entertainment system issues. And replace oil seperator 

• Received Blackhorse response same day collected vehicle 

• vehicle still have locking system issues and also screen/entertainment issues continue.

• Told to video this issue and send to cinch informed Blackhorse also have heard nothing.

 

2023-10-20 blackhorse letter.pdf

Link to post
Share on other sites

I'm still trying to understand the issue on a blow by blow basis.
I asked you to give us a chronology in bullet pointed steps but that hasn't quite happened.

However the letter which you received from Lloyds Black horse is helpful

 

Quote

You bought a used vehicle from Cinch Cars Ltd on 3 May 2023, with 31,055 miles on the odometer. 


• Rubber on window wipers perished
• Scratches on windscreen
• Oil just above minimum at point of delivery
• Central locking system faulty
• Front two tyres weathered
• Vehicle covered in green soot
• Thick sludge in petrol cap
• EPC light on
• Engine management light on
• Vehicle losing power
• Vehicle listed as an “estate” vehicle


Soon after purchasing the vehicle, after driving in rain, on 11 May 2023, you reported to Cinch that the rubber on the windscreen wipers had perished and was scratching the windscreen.


You advised Blackhorse that at delivery the oil was just above the minimum marker, but Halfords topped this up.


At a later stage you reported a fault with the central locking system and that two tyres had weathered. Additionally, you said that at the point of delivery the vehicle was covered in green soot and there was thick sludge in the petrol cap.


When logging the complaint in September 2023, you explained the engine management and EPC lights had come on and the vehicle was losing power. The car was then booked into SEAT in Hatfield.


It was also pointed out to Blackhorse that the car is listed as an “estate” car, which it is not.


When Blackhorse contacted Cinch, they were told that they reimbursed you for the cost of the wiper blades, following the invoice you sent to them for £35.99. They also said that they paid you £50.00 to have the windscreen issue seen at Halfords, as there were no scratches visible on the images you sent to them.


Cinch continued to advise that the central locking system issue was raised to them on 11 May 2023, and that their Aftercare team did arrange a booking for this, but they have no record of this taking place. They have suggested that if this is still an issue for you to contact them directly.


On 8 September 2023, Cinch received a Halfords report that you sent them, suggesting that the front two tyres required attention. The report was a “We Check” report and Cinch had not seen any evidence to this effect. They pointed out that as you had been driving for over three months at this stage, the tyres could have worn through usage of the vehicle. At this point the vehicle had covered approximately 5,000 miles in your ownership.


All other items on the “We Check” report were ticked as “passed”, including the windscreen.


Cinch concluded that you had not reported the soot, oil, or sludge issues directly to them after the vehicle was delivered and as such, this is not something that they would look to cover.


When Blackhorse spoke to SEAT Hatfield, they were told that following the car going into limp mode and the engine management light and the EPC light coming on, they diagnosed the vehicle needed a replacement oil separator. It was stated that this issue would not have been present, or developing, at point of sale as you would have experienced these issues at that time. In addition, SEAT carried out an update for the entertainment system. The repairs were carried out free of charge for you.


Regarding the tyres, SEAT also explained that these would be down to wear and tear.

When Blackhorse enquired about the central locking system, they were advised that this was not something SEAT had been asked to look at. However, they had run a general diagnostic check on the vehicle, and nothing else showed up as being a fault. 


You sent the “We Check” report from Halfords to Blackhorse and and the wiper blades and windscreen are showing as “passed”. However, as you reported these as faults soon after purchase, Blackhorse upheld this complaint.

Following the advice from the third-party dealership, SEAT, Blackhorse have not upheld:

  • the vehicle covered in green soot material,
  • the weathered tyres,
    the central locking system,
  • the oil above minimum,
  • the thick sludge in the petrol cap,
  • the EPC light,
  • the engine management light,
  • and the vehicle losing power.


Blackhorse say that they do not have any evidence to show these issues being present, or developing, at point of sale.

So have a look at the issues which are listed above.
First of all, are there any issues which haven't been referred to?
Secondly, please could you comment on the comments in the letter – in a step-by-step way please. We can't really deal with loads of narrative.

What you want to happen about the car? If you want to reject the vehicle that I think that you are in difficulty. If you want to get repairs done then that is probably the way forward.

Have you had an independent inspection? I think it is important to go to a Seat dealer and have an independent inspection done. You need to make sure that the people who inspect your vehicle have absolutely nothing to do with the dealer and it would be best that it was very far away from them.

Are you presently out of pocket on anything? I'm including elements such as petrol expenses incurred having to drive to places for repairs et cetera.

What is the condition of the car now? Are you driving it? Has it been driveable since you bought it?

I see Blackhorse of offered you £300. Have you accepted this?

I'm a bit curious as to this business about it being an estate car.
Also you have referred to the car being "delivered".

I get the impression that you bought the car on the basis of an advertisement without having seen it. Is this correct?
Please can you tell us the step-by-step process you went through purchasing the vehicle.

Under the Consumer Rights Act 2015, if you buy any goods – including cars – old or new – you have a right to reject them out of hand if they manifest defects within the first 30 days. You are entitled to reject the vehicle and insist on a refund.
In order to reject the vehicle you have to have asserted the right – preferably in writing – to the supplier.
Although you had defects which manifest themselves in the first 30 days, you didn't assert this right.  probably because you are aware of these rights – but I'm afraid that it means that you lost that remedy.

Under the Consumer Rights Act if a defect manifests itself within the first six months of ownership of the vehicle, you have a right to reject the vehicle and insist on a refund or a replacement subject to allowing the supplier a single attempt to repair the issue.
If the repair fails or if the supplier refuses to repair then you are entitled to go ahead and reject the vehicle.

You bought the vehicle on 3 May and that means that your six months expired on 3 November so I'm afraid that you have lost these rights.

On top of all that, you are entitled to purchase a vehicle which is of satisfactory quality when you buy it and which remains in a satisfactory condition for a reasonable period of time – subject to wear and tear.

All this business that you are hearing from the dealers and also from Blackhorse about the defects must have been present at the time of sale at the point of sale is a load of rubbish. These people really don't understand and the trouble is that they foist this kind of stuff on the public who simply goes along with it.

So we need to have a look at the defects which were present at the time and also the defects which manifested themselves since you bought the vehicle. Some of them may have resulted as a result of wear and tear – or else it would be problematic to suggest that they did not result from wear and tear. But others might very clearly be a question of the vehicle not being in satisfactory condition.

If the vehicle is not a satisfactory condition, then if that renders the vehicle basically unusable, you will probably be entitled to reject the vehicle. If the issues which are unsatisfactory can be addressed simply by repairs then you would be obliged to go that route and recover the money spent from the supplier/loan company.

For instance, the tyres apparently have worn down but according to Blackhorse you have done 5000 miles. I don't know what condition they were in when you bought the vehicle but it is entirely possible that they wore to an unacceptable level in the 5000 miles and so I think you'd be hard pressed to persuade a court that you haven't worn them down during your period of ownership so far.

Please can you address the questions that I have put above.

Please can you do in chronological order. Please can you put dates. Please can you put it bullet pointed. Please can you keep it brief.
We are volunteers here. We don't have loads of time and we don't have time to churn through loads and loads of narrative.

Thanks

 

I asked you if you had accepted the £300 offered by Blackhorse. Have responded to this question yet but we need to know.

It is important that you don't accept it and we need to draft a response to Blackhorse as quickly as possible

Link to post
Share on other sites

Thank you. Why are you redacting the names of the people who are sending you this kind of rubbish? Why are you protecting them?

 

We are waiting to receive the rest of your comments as requested above – but in the meantime this is a very loose draft of a response which you should probably send to Blackhorse – but we will have to review it and refine it once we have the rest of your comments

 

Quote

Dear XXX

Reference number XXX

Thank you for your letter of XXX date.

I do not accept a £300 and I do not accept your your explanation and your analysis of the legal position.

You appear to attach great significance as to when any faults were reported and the suggestion is that there is some kind of time-limit in respect of the reporting of faults. That is the case then I'm not aware of it. Please could you point out in the Consumer Rights Act 2015 where it is provided that a consumer has a statutory time limit for bringing defects to the attention of the supplier or of the hire purchase company.

You also seem to be basing your decision on whether various defects were present at the time of sale or at the point of sale.
You don't seem to be aware that goods which have to be of satisfactory quality and must remain in that satisfactory condition for a reasonable period of time. This means that even if a defect is not immediately observable at the time of sale or very shortly afterwards, if it emerges during the ownership of the vehicle and cannot be ascribed to wear and tear, then the likelihood is that the vehicle is not of satisfactory quality and in that case you would be responsible for the cost of repairs.

If you feel that that is not a correct interpretation of the Consumer Rights Act and the law relating to the sale of goods then please will you point out to me where you feel I am in error.

I would remind you that under the FCA COBs rules, you have a duty to treat you fairly and to communicate with me fairly. The fact that you do not appear to understand the law relating to the sale of goods to consumers or else that you are interpreting the law as you understand it in a way which is favourable to you amounts to unfair treatment of me and this may become the subject of a further complaint.

I am now preparing to take the vehicle for independent inspections. I expect that the faults which I have already reported to you will be confirmed and then there will be other faults which will be identified and we will have to see whether they can be ascribed to wear and tear.

Once I have had the inspections carried out, I will obtain competing quotations for addressing the defects and I will then be seeking the cost of those repairs from you.

I have been so inconvenienced by the problems which have occurred with this vehicle and for which you are responsible that you should understand that I won't be hanging around and I shall be expecting things to be dealt with quickly.
If you won't deal with things at a pace which suits me, then I am likely to go ahead and carry out the repairs and seek reimbursement from you if necessary in the courts.

If I do bring an action against you for the cost of repairs then I'm likely also to bring a claim against you in respect of your breach of statutory duty by communicating with me unfairly and not respecting your own legal obligations under the FCA regulations.

Signed

 

 

Link to post
Share on other sites

I'm sorry, but this most recent letter which you have posted is so heavily redacted with just huge blobs of black everywhere that it really is unhelpful.

I understand that you want to redact your personal details that can you leave the rest alone please. We don't even have the date of the letter.

 

Link to post
Share on other sites

Beware that the 'oil light' you refer to doesn't directly indicate the oil level in the engine, what it's actually warning you of is low oil pressure. It's true to say that a low oil level can cause low oil pressure, but it would seem that you checked the level and it was adequate, is that correct? If that is correct then you have an issue with your engine that is causing low oil pressure, which can very quickly become fatal for your engine.

If this hasn't been addressed yet I would not drive the car any further until it has been investigated and rectified. Do bear in mind that if you continue to drive the car despite the presence of the red oil warning light you are likely to substantially undermine any claim you might have with regard to damage caused. I could be wrong on that particular point, the technicalities of the mechanical issue is more my area.

  • Thanks 1
Link to post
Share on other sites

Very interesting and helpful comment from @theberengersniper above.
We need to pay attention to that warning light and the cause of it.

However in terms of it undermining any claim that you might have, I have the impression that both the dealer and Blackhorse are aware of it and have had an opportunity to deal with it and so I think we can take it that they have acquiesced.
This would mean that you can at least drive it for the purpose of having independent inspections.

However we are still waiting for the comments and full explanation of the story and it seems to be taking a long time.

You will definitely have to have an independent inspection and you will have to draw the Inspector's attention to the faults that you have already noticed and also to the suggestion from the Cagger above about the warning light and its possible significance

Link to post
Share on other sites

• I believed I’ve covered all issues 

• I want to reject vehicle but as stated I am in difficulty.

• The only independent inspection I’ve had done was Halfords 10in1 check 08/9/23, and also diagnostic at private garage on 11/9/23

• Yes we have had loss of wages due to having no vehicle and having to take the vehicle for repairs

•Condition of the car now, I am still have electrical issues,  yes driving it,  been able to drive since brought it  yes and no.

• I have not accepted Blackhorse offer of £300

• On Blackhorse paperwork states the vehicle is an estate which I pointed out not as a complaint but no correct information of vehicle 

•yes I purchased online through cinch website

• I saw the vehicle advertised online on cinch website for £16,950 (2019) , submitted a finance application on 25-4-23, I had offer on 25-04-23 which I accepted. Order confirmation on 27-4-23 car was drove by cinch drive over 100 miles to be delivered to me on 05-05-23

• yes I believe that’s where I went wrong not rejecting in writing to Cinch, have email confirmation from cinch of issues reported

• I allowed a repair of the issues on 11-10-23 car collected 20-10-23 but still presenting electrical issues.

• The defects presented at time (May 23) Worn wiper blades…..locking system issues…..screen/entertainment issues….scratched window screen….jumping off fast in 1st gear 

•8th September 2023,

Check oil light came on (checked had oil)

following day, EPC light and Engine Management light came on, reported to cinch told not to drive car until a diagnostic been completed.

• I will accept wear and tear for tyres.

i have tried to reply to your points above as requested my apologies if this is still not ok I will again try to correct

 

Many Thanks

 

 

 

@theberengersniper 

Thank you for all your support also.

Yes that is correct the engine oil light appeared on dashboard (I checked had adequate oil)

following day of the EPC light and Engine Management light came on

took to Halfords straight away for 10in1 check

called Cinch told not to drive car until diagnostic.

 Told to drive care approximately 15-20 miles to repair garage 11/10/23 which was originally booked for 30/10/23

Link to post
Share on other sites

Still not completely clear to me but maybe we are getting there.
You would like to reject the vehicle – on the basis of what I understand I think that is probably not a possibility any more unless you can show that you have been deprived of the benefit of the contract.
You say that you are in difficulty – I'm not sure why. Please explain.
Please can you post up the reports of the inspections that you have had from Halfords and also the other one – in PDF format.
The Blackhorse paperwork says that it is an estate. I'm not sure that is relevant unless it said that in the advertisement and that is what you thought you were purchasing.

I did ask you to comment on the list of defects in the Blackhorse response – but you haven't done that so we don't really know whether you agree with those defects and whether you believe that the list is complete or whether you think there are additional defects.

Although I understand very well that in common with many people – maybe most people – you aren't aware of your consumer rights in respect of short-term right to reject and the longer term six months right to reject – but buying a vehicle unseen is always a serious mistake – and buying it at a distance – 100 miles adds to the complications. A surprising number of people do this and they always end up regretting it.
I almost get the impression that people would happily pay thousands of pounds for a car which would be delivered by Deliveroo.

Although you have made some bad mistakes here – if it brings any comfort, you aren't the only one. And at least you didn't pay by cash or by bank transfer because then you would have absolutely no recourse at all. Having paid by finance is really the one thing that is going to rescue you from this difficulty.

We need to see the reports. Also I think that you should take it for an MOT at an independent station close to you. Tell them that you want to have a highly critical enquiry even if that results in an MOT fail. 

 

You are going to have to get independent reports which identify the defects. It will be very useful if the defects can be identified by independent inspections so that each inspection corroborates the other. You will need to get two quotes for the repairs.

We will then have to have a look at the list of defects and decide whether or not you can argue that these defects are simply as a result of wear and tear or whether it was because the vehicle is not in a satisfactory condition as required by the consumer rights act.

And in the meantime, – not only for your benefit but for the benefit of others who visit this thread with similar problems

 

Link to post
Share on other sites

The vehicle diagnostic arrange by myself on 09/9/23 my apologies I stated 11/9/23 

 

 

Thank you for your reply

if I am honest this is the first finance I’ve ever had of this amount,  I know ive made a very bad mistake and am kicking myself daily to the point of depression now

so I shall call around today and get an independent inspection done on vehicle

 

 

2023-11-09 TOPDON Full Dia Rpt.pdf

Link to post
Share on other sites

Once again, you aren't the only one. We have had some people on this forum with much more serious issues then you and they have ended up paying by cash.

I'm going to modify the suggested letter above

Link to post
Share on other sites

Yes we would like you comment. We did ask you to do that earlier

The diagnostic report that you have put up confirm some faults but doesn't really explain what they are so they are unhelpful to us and I suppose that they are unhelpful to some garage which might end up doing the repair. They will be unhelpful to Blackhorse as we will have to notify them about the defects. They will also be unhelpful to a court which might have to consider them.

Also, the heavily redacted document which you posted up earlier and in respect of which I commented has not been posted up again.

We would like a properly and carefully redacted version please. The idea is to redact them as little as possible simply to conceal personal details –

Also, I have edited the letter which I have suggested that you send to black horse.

Have a look at it. See if there is anything you disagree with. Anything you want to change but in principle send it

Link to post
Share on other sites

Good afternoon 

i hope I have replied more clearly 

Rubber on window wipers perished - Contacted Cinch - 10th May 2023- told to send picture/receipt, evidence reimbursed for wipers.

Scratches on Window Screen, - contacted cinch May 2023, given goodwill gesture by them of £50 to have window screen looked at - told needed a new window screen- informed cinch told to send pictures which was impossible due to reflection of glass. Heard no more.

Oil just above minimum at point of delivery - Not an issue did not reported at point of delivery - at point of checking oil when check oil light came on Halfords topped this up to max in order to see if light switched off.

Locking system issues - Contacted Cinch Reported May 2023

Two front tyres worn - I am willing to accept wear and tear.

Vehicle covered in green soot - Not an issue 

Thick sludge in petrol cap - Not an Issue

EPC light on - Reported to Cinch 8th September 23- told not to drive vehicle 

Engine Management light - Reported to cinch 8th September 23 told not to drive vehicle

Vehicle loosing power -Reported to Cinch vehicle did not feel right when driving

Vehicle listed as an estate- Not an issue, not sold as an estate 

Problems with electrics still ongoing

I will re upload the heavily redacted document later on today.

Thank you very much 

Link to post
Share on other sites

So since the 8th of September you have been told by the dealer not to drive the vehicle.

Have you been driving it?

If not where is the vehicle now and what is happening to it?

You will definitely have to get two independent inspections. One from a reputable seat dealer And what are the from some good quality garage.

Of course the SEAT dealer must be as unconnected as possible with the dealer Which supplied you with the vehicle.

Have they look around and decide which places you would go to for these inspections and get a quote for the cost of each inspection.

Tell them that you will want a highly critical inspection. No favours.

Also you should book it in for an MOT station and once again tell the MOT station that you want a highly critical report no favours.

Before this though, identify the MOT station and find out the cost of the MOT inspection.

Let us know and then we will do a letter to black horse and tell them what you're doing and warn them of the forthcoming costs

Incidentally, other people will have better experience than me but I would have thought that sludge in the oil tank could indicate some serious problems

@theberengersniper

Link to post
Share on other sites

I would also like to mention the vehicle had two recalls on - which I found when doing some searches on the vehicle - One with the throttle system which I am unsure if the oil separator would be anything to do with this I was told by seat that this was corrected in 2020

On 8th September 2023 I was told not to drive the vehicle, until it is booked in for a diagnostic at a seat garage

This was then booked in originally for 30/10/23 in Letchworth This appointment was then brought forward to 11/10/23 In Hatfield 

We collected the vehicle from seat garage on 23/10/23, following a software update “to correct entertainment/screen issues” and also replacement oil Seperator. - electric issues still ongoing 

seat was not instructed to look at the electrical fault by Cinch nor Blackhorse you can see noted on the diagnostics I had done on 09/09/23- all the faults codes did match seat diagnostic on 23/10/23.

Ok thank you I will enquire about maybe an AA or RAC inspection of vehicle and also from a seat garage.

Thank you again for all your help and advice which is very kind of you.

 

Edited by Dolly-21
Link to post
Share on other sites

It seems to me so far that you have been taking it for inspections etc based on instructions from either the dealer or black horse.

I think you need to start taking control by having your own independent inspections carried out and then use those reports as the basis for claims.

The inspections you get must be full inspections but get quotes for them in advance so that we can let black horse know what costs you might be incurring on there be home.

Also you will need the new MOT

Link to post
Share on other sites

I had the Halfords inspection and Diagnostic done independently on the Vehicle.

I am unsure if I can obtain another MOT as the vehicle is not due for one until February 2024 or have I misunderstood this.

 

Link to post
Share on other sites

You are fully entitled to get another MOT anytime you want.

I have a feeling that if it fails on something serious that you may then not be permitted to drive it.

However, if there was a defect that serious is that then as long as it wasn't attributable to fair wear and tear The night would be very helpful to your position

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...