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    • If you are buying a used car – you need to read this survival guide.
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    • 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
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    • 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
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Sold used faulty vehicle , brought from Cinch with BlackHorse finance.


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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 

 

 

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

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

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• 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

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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

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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 

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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
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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.

 

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@theberengersniper

No problem, Thank you so very much I really appreciate all the help and advice you have given me.

we noticed dried mud/sludge inside the “petrol cap”

The engine idle speed we was told was due to oil separator needing replacing, could this be the reason it felt as though the car was jumping off fast in first gear.

The car is petrol 

The vehicle came with passed MOT February 2023 sold to myself in May 2023 next MOT due February 2024

i was told by the seat garage the engine air system intake leak was due to the oil separator and this is down to my wear and tear of the vehicle and this would have been showing on the dash at the point of sale and not something that could of been developing.

@BankFodder

good afternoon 

I have forwarded the template letter you kindly posted.

i also have called to speak with the RAC today regarding a independent inspection.

it was explained they would be unable to say if any issues were there previously before the point of sale, and also their reports won’t stand legally in court.

i am yet to call Halfords to see if they are able to offer a MOT

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@dx100uk

Thank you for your reply.

Blackhorse stated that Cinch concluded that I did not report the sludge issues directly to them after the vehicle was delivered and as such this is not something that they would look to cover,  I definitely did report this along with cosmetic issues not advertised.

i was told regarding worn tyres, SEAT explained to Blackhorse that these would be down to my wear and tear.

Due to the oil separator I believe causing the check oil light, EPC light on dashboard and Engine light to come on, this has been put down to No evidence to show these issues being present or developing at the point of sale.

 

@theberengersniper

Yes that was one of the first issues I noticed with the vehicle and also reported this to them.

That all makes great sense thank you for taking the time to explain this to me

The vehicle also had two recalls I came across after delivery.

1) Safety recall= this is what states.

At Low Engine speeds The engine produces insufficient Torque on 09/09/19

when i enquires I was told be SEAT this was fixed in august 2020 but would this be the same sort of issue? 

Thank you 

 

@theberengersniper

Yes this dried mud/sludge is still in petrol cap I will upload a picture of this shortly.

Thanks again 

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@BankFodder

Good evening 

I contacted a garage whom have book the vehicle in for a health check on Friday, he questioned as to why I want or need a health check and is there anything wrong with the vehicle why do I want it looked over, now every call I’ve made in regards to these checks I am being told either they are unable to say if faults were there before or not and reports are unable to stand legally

Advised by the AA and also RAC and another independent MOT test centre.

I also received a reply from Blackhorse in regards to the letter above I will upload this now and also the other 

Many Thanks again for all your help and advice 

 

Safari - 14 Nov 2023 at 7:12 pm.pdf

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The vehicle is book in with one garage this Friday! I have no issues booking the vehicle in for independent inspections which I have booked one already and I have called around a few places today with no luck but will try a few more tomorrow 

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Yes that’s right I was advised not to drive the vehicle from 08/09/23

Cinch advised this when I called to report the issues with the oil light/EPC light and Engine light 

In total 6 weeks without being able to drive the vehicle.

08-9-23 until 20-10-23

 

Edited by Dolly-21
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Thank you very much

most definitely that will be the first thing I do tomorrow morning, is to call around to book an MOT.
as mentioned I have been able to book in with a independent Garage that will have a look on Friday morning is there anything I should be asking them pacifically for , I will also ask for the quotations of any work needed.

 

Unfortunately nothing in writing from them only an acknowledgment of my call regarding the issues, I was then asked via email to forward to them the Halfords report which I did straight away.

Thank you

 

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Thank you I will ask them for that information 
No nothing in writing cinch said they would try to organise a courtesy car but is not something they do when the warranty is has expired, that is the only email I have from them regarding this.

In regards to the vehicle oil light the EPC light and Engine management light coming up on dashboard 8-9-23 / entertainment issues- The vehicle went into Seat garage on 20-10-23 where I was told these problems are corrected new oil seperator fitted/software update, but the entertainment system issues seem to still be continuing 

in regards to electrical issues this was not something that was asked to be look at despite me reporting this is May so electrical issues also continue 

sorry for long reply 

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So issues that still exist:

locking system issues.

Scratched Window screen.

Entertainment system issues ( which I was told was corrected via a software update) 

I have sent multiple formal complaints to Cinch 

 

 

 

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Apologies again

issues reported in May 23 

Jumping off in first gear, locking system issues, entertainment issues, scratched windows screen, worn wiper blades, dried mud/sludge in petrol cap.

reimbursed for wiper blades once cinch received picture and receipt evidence, and given £50 goodwill to have window screen looked at

Gave Outcome.

Told by Cinch May 23 Aftercare team will be in touch with an appointment at garage.

Heard nothing since 

8th Sept 2023 

Oil light/EPC light/Engine management light came up on dashboard 

Reported to cinch same day. After Halfords 10in1 check 

Heard Nothing 

Vehicle booked in to garage 30-10-23

Vehicle then booked into another car at days notice to me 11/10/23

Car available to be collected 20-10-23

Electrical issues still continuing, entertainment system issues, scratched window screen.

 

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Good evening 

I managed to get one independent inspection (16-11-23) and one tomorrow the garage plugged in the vehicle which has come up with some faults.

Faults

•Electronic Central Electric = 4

• Instrument Cluster = 1

• Passengers door Electronics = 2 

lots of passive/Sporadic

left rear turn signal hub

Left Tail lamp bulb 

left tail lamp 

remote Control Key 1

also Active/Static Locking unit for central locking range/performance

Original manufacturer sparks plugs, cover in oil was told need replacing 

 

Edited by Dolly-21
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