Trade Centre uk/Startline Motor Finance - and Jonathan Hall, DWF Law - solicitor (apparently)

[BankFodder]

No. It's fine. The important thing is to get a judgement and then even if it can't be enforced against their office, it can be used with the FCA and also with the financial Ombudsman 

I cross posted with my site team colleague..

See what he posted about suing outside the jurisdiction but I think the English address is fine. That will give you all the leverage you need if they don't play ball after you have a judgement.

What day is day 15 after the letter of claim?

If you're particulars of claim is broadly ready, then I suggest that you send startline and email telling them that you're particulars of claim is prepared. It is broadly as attached. And that you will be eating your claim against a registered office in London on XX day.

Tell them that unless they come up with a firm proposal including dates for collection of the vehicle and also accept to reimburse you your expenses that you will proceed on that date

Send an email or a letter with exactly the same information to the registered office.

[shellyh24]

I last sent startline an email 2 days ago. last friday when i emailed them it said this:

I would like this resolved in a timely fashion.

I will give you 7 days from the date on this email in order to process this and I will expect an outcome by then. 

If there is no satisfactory resolution by then I will be filing a case in the Small Claims Court. 

...............

today is the 7th day and despite me emailing them twice and calling in the last week they still have done nothing.

On the phone they said to me that Trade Centre UK said they will get hold of me direct to arrange the inspection.... heard nothing from them all week

[BankFodder]

Do you realise that you have given 14 days notice before bringing a legal action? Didn't you do that?

[shellyh24]

ive sent them every letter on this thread that you have drafted.

ALso this was the email i sent them on the 27th November:
 

Letter of Claim

As you know, you supplied me with the above vehicle through a hire purchase agreement.
 

The vehicle has manifested a number of serious faults since I owned it. Unfortunately I didn't understand my rights and was unable to assert my short-term right to reject within the first 30 days due to delays with booking the vehicle in with Trade Centre UK aftersales.

However, despite various attempts by the suppliers to remedy the defects, they still continue and others have developed.

The defects which I have noticed so far include:
EPC Light on
Engine Management Light on
Juddering on acceleration
Strong smell of petrol
Car in Limp Mode
Start/Stop Error

Presently the vehicle is undriveable. It is at my home and in fact I calculate that I have had at least six days without the use of the vehicle in the six weeks I have owned it. This will obviously increase due to the fact I cannot use it.

I telephoned you today and you have advised me that I must have an independent inspection and that it will take you eight weeks to come back with a decision.

I'm advising you that this is unacceptable.

I'm asserting the following rights:
under the Consumer rights act 2015 I'm asserting my six month right to reject the vehicle subject to your one opportunity to carry out repair. If you decline to repair or if the repair fails or doesn't address all the defects then I am rejecting the vehicle and require you to let me know the arrangements for collecting and refunding me my money.

Secondly, the vehicle is off the road and unusable. I think we are at a position where we can say that I have been substantially deprived of the entire benefit of the contract. In that respect, the condition of the vehicle amounts to a fundamental breach of the contract and I require you to tell me your arrangements for collecting the vehicle and refunding me.

This position is confirmed by the fact that you say that you will take eight weeks to come to a decision and that effectively means that I am at least eight weeks without the vehicle and even that depends on the outcome of your decision.

I would point out to you that not only do you have a duty as the supplier of the vehicle under the hire purchase agreement, but also as a financial institution regulated by the FCA, you have a duty to treat me fairly and to communicate with me fairly.

I'm not prepared to wait eight weeks.

If you do not deal with this matter to my complete satisfaction within 14 days then I will start action the County Court both for your breach of contract and also for your breach of the FCA regulations and without further notice.
 

Yours sincerely

 

xxxxxxxxxxxx

This gave 14 days and it has been more than that now.........

Startline have never replied to my emails other than to acknowledge receipt of them

[BankFodder]

Okay as long as you getting 14 days notice of the legal action.
I suggest that you send them the draft particulars of claim so that they are clear on the expenses et cetera that you are claiming.

In fact give them a breakdown of the expenses so they understand the full costs in detail.

When are you going to issue the claim?

[shellyh24]

I gave this this 7 days ago .............

What I am now asking for is:

*The Vehicle to be collected/ recovered by Trade Centre UK
*The Purchase Price to be refunded in FULL which includes my cash deposit of £1500
*The cost of the Independent Vehicle Inspection Report to be refunded which is £299
*The cost of having to remove my private number plate refunded £80
*Fair compensation for having travelled to Trade Centre UK on 3 separate occasions only for the faults and issues not to be resolved
(Fair mileage allowance is calculated at 45p a mile. It is a 60 mile round trip for me X3 works out at £81)

Im going to issue it now i think
 

[BankFodder]

Okay. As soon as it is issued and you have a send a copy to their Scottish offices and also send a copy to the car dealers with a note simply saying that for their information, proceedings have now been issued .

Incidentally, if you can fit more of that detailed list of costs in your claim form then it would be a good idea to do it. We did it in a rather generalised form to reduce the word count but now you can try to expand it if it will fit in. A detailed list of the cost you are claiming would be a good idea

[shellyh24]

do i do this via email to both parties?

 

[BankFodder]

I'm suggesting that in addition to issuing it formally through the courts – which you must do and of course pay the claim fee, you may as well let them know directly that you have been serious and it's on its way.

Is there space in the particulars of claim to give a more detailed list of the costs you are claiming?

[shellyh24]

 i will do.

I have given a list of all costs i am claiming on there and a total. it then adds interest for you...

I have now submitted the court form.
It says this...

What happens next

Your claim will be issued once your Help With Fees application has been confirmed. We’ll email you within 5 days to confirm this.

Once the claim is issued, Startline Motor Finance Ltd will have 14 days to respond to your claim. They can ask for an extra 14 days if they need it.

You can request a County Court Judgment against them if they don’t respond by the deadline.

Got an email already with a claim number and to say its been submitted to Startline Motor Finance they have until 03 Jan 2024 to respond.

It said they have emailed them as well as sent a paper copy so thats good.

I put the correct email on there for the complaints team.

[BankFodder]

That is good. However, send a copy yourself. No harm in it. You can also send a copy to the dealers. No harm in that either

[shellyh24]

this morning i had a call from Trade Centre UK Aftersales. They asked me to bring the vehicle in so they can do the inspection 

Clearly havent bothered to look in to this at all to know its undriveable. 

I told them they have already offered to recover it, they said they will have to arrange that and call me back. 
They did not have a date when the vehicle will be inspected.

When i pass this vehicle over to the recovery do I keep the log book etc and other papers here with me or do i put it all in the car? 

[BankFodder]

Firstly confirm to startline that they have attempted to arrange to take the vehicle from you but clearly startline failed to make them aware that the car is driveable.
Send a similar letter/email to the dealer.

Whatever you do, refuse to drive it. It is an driveable and they must not be able to say that you were able to drive it.

Your position on this is clear and you will not change it

 

Take copies of everything. Make sure they get all the relevant documents relating to ownership transfer of ownership et cetera but you will need to keep whatever is needed to be able to notify DVLA that you have transferred ownership to them.
Once they collect the vehicle then do that immediately
it would be a good idea to get a receipt for the relevant documents

We confirm that we have received the following documents in relation to the collection of vehicle registration XXX

List the documents

ShelleyH24 has confirmed that they will be notifying DVLA the change of ownership immediately.

Get them to sign and date

 

they may refuse to sign it but still make sure they take the paperwork with them and make sure that you transfer ownership

[shellyh24]

shall I call startline? As they don't reply to my emails. 

And I should transfer ownership to TCUK despite them not yet accepting the rejection?

[Nicky Boy]

2 hours ago, shellyh24 said:

I told them they have already offered to recover it so they said they will have to arrange that and call me back. 

I'd simply follow BF's advice above, wait for them to call you back, then carry out the plan with paperwork, etc.

Not your problem that they want to ignore your comms!

[BankFodder]

Write to start line and make it clear that you have been trying to contact them. Tell them why. And tell them that once again they are not responding to your communications.

Wait until the car is collected and then tell them that you will not be accepting the car back under any circumstances and that it is no longer insured so that if they leave it on the street it will be they who are committing an offence because they are fully on notice.

Write the same thing to do as well once it is collected.

It is important to document every step and every development and to make sure that they know about it so that you can show that you have a paper trail even if they don't respond

[shellyh24]

Sorry i just want to make sure ive got things right...

once the recovery has been arranged by TCUK email them and tell them I have sent the vehicle off with the recovery along with log book, keys and manuals and that I will not be taking it back?

I transfer ownership back to TCUK online however im unsure on this as doesnt the Finance Company technically own the car? Will this hinder anything in court as the claim in currently pending awaiting defendant response?

And I email Startline Finance to say TCUK have arranged recovery for XXX and as the vehicle is no longer in my possession it is no longer being insured by myself. Also that I do not intend on taking the vehicle back at all and I have transferred the logbook back in to TCUK name? 

[shellyh24]

TCUK called me today, they can get the car recovered on Weds 27th which i agreed to.
They told me to only give the recovery driver 1 key and the car as he cannot be responsible for any paperwork or anything left in the car....

[Nicky Boy]

Fortunately, you have already told them your intentions in writing...

I'd leave all the stuff you need to in the car and take a few  pictures of it in situ... @BankFodder ??

[BankFodder]

Yes absolutely. I had really forgotten about taking pictures.

I think you should make a very careful collection of images showing the condition of the vehicle inside and outside. I'm not sure about leaving the paperwork in the vehicle.
Maybe the best thing to do is to send it to the finance company by next day special delivery – fully tracked and signed for. Send the finance company a message that you have done that – after you have sent documents off.

But take copies of all documents first.

The whole thing is just such a nuisance.

When does your 14 day deadline expire?

[shellyh24]

Just checked my court case and it says 'waiting for defendant to respond' deadline 3rd jan.
I will give it a clean and take pictures the day before it goes so they dont try and say ive damanged it or anything.

im not sure whether to give the documents to fianace or TCUK and who to transfer the logbook to once the car leaves

[BankFodder]

Yes I'm not sure either but it seems to me that the responsibility is with the finance companies so it should probably be them documents, Key – everything.

Don't forget, that this is not the end of the problem. They will probably still rise up in fury but at least you have unloaded the car and that is part of the problem.
After that, if they don't play ball then you will have to continue the action.

Monitor the court website very closely around the time of the deadline. The moment you get an opportunity – just go straight in and apply for judgement.
Even though you applied, it takes about a week or so for the application to go through and if they suddenly woke up and put in a defence before then, your application would probably fail and it would then continue on to mediation or trial.

However we just have to keep on doing it bit by bit

[shellyh24]

Got an email today from Startline Motor Finance...

Thank you for your patience, we are still dealing with your complaint, we are 4 weeks in to an 8 week investigation......

What a joke! They never replied when i made complaints and sent documentation through from the courts but i get an email; to say we are 4 weeks in!

Still no response to the court claim

[BankFodder]

Yes, they are idiots.

Don't reply. Simply keep an eye open on the MoneyClaim website and the first moment that they allow you to apply for judgement then just do it. Don't ask, don't wait, just do it.

[shellyh24]

The car was picked up today by a Trade Centre UK Recovery truck. They guys asked what was wrong with it as they had not been told. 

Now for some reason these guys were from the Wednesbury branch and not the Coventry branch and I was told it was going to Wednesbury?? No idea even where that is without googling it or why its going there. 

I signed to say they collected it and i told them the logbook and spare key are in the glovebox and took a video showing them. I took pics of it all the way around inside and out. 

They told me i would be called when it arrived to let me know where it is, i mean as far as they are concerned it is still my car.... but surprise surprise no call!