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

[shellyh24]

I've just spoken to the Finance,  I rang for an update...

They said TCUK have asked for the car to be returned for them to inspect but not said anything about recovery or time line...

I said that's not good enough I've given you notice and the clock is ticking. I said that their 16th Jan proposal isn't acceptable. 

I said your not working with me to help me at all.

They said regardless of what time restraints I want to try and put on them, they are legally allowed 8 weeks to deal with the complaint by FCA guidelines. IM FUMING!!!

Edited December 13, 2023 by shellyh24

[Nicky Boy]

Might change their minds when a claim form lands on their desk...

[BankFodder]

They are lying about the legal effect of their eight weeks. Under FCA guidelines they have up to 8 weeks to investigate your complaint and then they can refer to the ombudsman which would take another anything up to a year.

None of this prevents you taking your legal action.

If I were you I would telephone them and tell them and also follow it up with a message.

 

Quote

Dear XXX

Reference number XXX – vehicle registration XXX

I telephoned you today and you try to tell me that you were entitled to 8 weeks to consider my complaint before any further action could be taken.

I now understand that this is simply industry practice and this is time granted to you by the FCA before referring a complaint to the Ombudsman.

However, I understand that none of this affects my right to go directly to court – and this is what I intend to do.

You have a letter of claim. The clock is ticking.

Once the papers are issued against you, you will find that you will have to conform to a different set of timescales. You have attempted to mislead me in respect of my rights to take action against you. This also amounts to unfair communication.

You say that the dealer wants to inspect the car. That's fine – but that's between you and them. My contract is with you. It is you who I will be suing.
If you are happy to have the dealer inspect the car then you sort it out.

Furthermore, you should understand that the insurance on this vehicle runs out in the next two or three days. If you failed to collect it then I shall be obliged to renew the insurance and you can be certain that I shall add that expense to my claim as well.
You are on notice.

Signed

 

[shellyh24]

Yes they did say that I have to chill and give them 8 weeks but they said TCUK are sticking by wanting to inspect it themselves.  I said yeah great but should I just twiddle my thumbs on the bus with a broken car until you get a response?! 

I will send them that email.

I will also start printing my evidence for court.

I can't believe they think it's OK for this car to be broken. They said that they haven't committed a criminal offence by selling an unroadworthy car because it has an MOT 

[Nicky Boy]

Shelly,

CALM.... revenge is a dish best served cold.

I know things are a mess and difficult at the moment, but you shouldn't really be phoning anyone... (Unless you're recording it?)

[shellyh24]

I was just hurrying them up.. I find if you wait for emails you get ignored.. I can't talk to them anymore though because I will lose it..I just want this car gone so I can get another one.

Also my insurance runs out on 15th, in 2 days... am I expected to reinsure this car when it's not even useable?! 

[BankFodder]

Hang on before you send in the email. I have a modification to make

[BankFodder]

I have added a couple of lines in red

And I agree with my site team colleagues – stop telephoning them. You have sent them the letter of claim and if you keep on telephoning them it simply makes you look weak.

If you didn't mean to begin the legal action on day 15 then you shouldn't have sent the letter of claim.

Have you started drafting your particulars of claim? We haven't seen it yet

[Nicky Boy]

5 minutes ago, shellyh24 said:

Also my insurance runs out on 15th, in 2 days... am I expected to reinsure this car when it's not even useable?!

Not sure on that, but... just add it to the claim!

[BankFodder]

Add that to the letter as well. I'm going to make a further modification

[shellyh24]

The particulars of claim is the court form isn't it? 

[dx100uk]

On 27/11/2023 at 19:54, shellyh24 said:

i was told it had an MOT, which wasnt a lie, but upon checking it runs out in January

only good for the day it was done!

means nothing.

[BankFodder]

I have just made a further edit to the proposed message in purple

When are you going to send email?

Also you are suddenly asking questions about the court claim process such as – what is the particulars of claim. This is worrying me. You need to be in control of this.

I hope you don't think that you wouldn't need to issue the claim. You will need to issue it. If you don't intend to then please let us know now because we then are all wasting our time

[shellyh24]

I just like to double check as this all very overwhelming. The particulars of claim I have the N1 form printed out but not yet completed it. I was waiting as the costs keep adding up but i can certainly fill in a lot of it but not sure how i can show you it on this forum? 

I am sending the email you drafted for me now to the finance.

 

[BankFodder]

You should be using the county court MoneyClaim online system.

[shellyh24]

What I have written in the particulars of claim box:
I have typed this out as a draft so you can help.....................

 

Vehicle purchased from Trade Centre UK Coventry on 13th October 2023 for the screen price of £7998.
£1500 Deposit paid by  myself via Debit Card.
Hire Purchase agreement for the remainder was signed with Startline Motor Finance Ltd. The amount on Hire Purchase was £6498. With interest and fees this comes to £12188.80 total amount payable.

The car purchased is second hand and is a 2017 model with 84874 miles. The vehicle came with a 99 point check certificate from Trade Centre UK signed off on the 3.10.2023 which ticked all boxes. Copy Enclosed.
No service History was given with the car, the service book was missing from the Skoda Wallet.
The car was not collected and taken possession of until 15th October 2023, when collected a fresh dent was seen by myself and I made Daniel Latham Manager of TCUK aware I was unhappy to collect the vehicle. He agreed to book the dent in with a dent specialist the following week if I take the car away.

A complaint was made regarding my dissatisfaction with the car was 27th October 2023. This was made via Trust Pilot Review and on the Telephone to Daniel Latham Manager at Trade Centre UK on the same day following him acknowledging my complaint.
My complaint related to the dent he had not rectified, the short MOT I was not aware of when buying the car and the lack of service history/up to date service on the car.

The car was booked in to try and remedy this complaint for 17th November 2023. 
The car was taken to Customer Care at Trade Centre UK Coventry on 17th November and was given a full service. This included spark plugs, oil & filter, pollen filter and air filter. Invoice Enclosed.

On the evening on Friday 17th November the car developed faults, the faults experienced were a strong smell of petrol, juddering, EPC light on, EML on and a loud ticking. The car was in limp mode and un-useable that weekend. 
Tried to call TCUK Customer Care over the course of Saturday no answer, voicemail left. No call back.

Car returned to TCUK Customer Care on Monday 20th November. The looked at the car and replaced coil pack 4 and cleared the faults. Invoice Enclosed. 

The same faults occurred on Friday 24th November. The car broke down, kept cutting out and had to be limped home. Called TCUK on the 24th and 25th and no answer, left voicemail. 
Email sent to Trade Centre UK and to Startline Finance on 27th November making a complaint and stating I wish to return the car. 
Several Emails back and forward to TCUK who thus far have not agreed to take the car back, not agreed a date to collect it or to inspect it.

8th December RAC Independent Vehicle Inspection done at the cost of £299 to myself. Report Enclosed. 
Summarized as vehicle undriveable and unroadworthy and costly to repair. Other major defects made aware of include 3 leaking shock absorbers, major gearbox oil leak and steering out of alignment leading to uneven front tyre wear as well as all issues previously reported and the present dent in the door which is still unresolved.

Under the Consumer Rights Act 2005 I have stated I am rejecting this vehicle as not fit for purpose and not of satisfactory quality. TCUK have had the vehicle on 2 separate occasions to put right my initial complaint and have only made the situation progressively worse the more they have worked on it. 

Due to these defects and the vehicle being undriveable I have suffered the following losses:
£355.96 2x payments on the Finance
£299 RAC Report
£81 Fair Fuel Costs to and from TCUK
£80 cost to take my personal plate off of my new car to enable it to be returned
£      Insurance

I would like TCUK and Startline Motor Finance to accept my rejection of this vehicle, recover the vehicle from my home, return my £1500 deposit, pay my additional expenses listed above and cancel the Hire Purchase Agreement.

 

Edited December 13, 2023 by shellyh24

[Nicky Boy]

Wow!

You should really read a few other threads.

It's war and peace...

Far too much. 

 

[shellyh24]

are you referring to my claim of particulars post above?

im not sure what you mean?

[Nicky Boy]

It's far too much.

I'm sure BF will be suggesting huge cuts.

Have you had a look at POC's on other threads?

[dx100uk]

just a few VERY basic facts only. 

you only have about 1080 characters and max of 15 lines if you are doing this via the MCOL online portal.

the rest comes later at the disclosures stage 

dx

 

[shellyh24]

yes i have, i actually read a few posts prior to writing this! it just all seems so complicated and long winded im not sure how to condense it 

[shellyh24]

OK will try again.....

 

Vehicle Skoda Fabia 2017 purchased from Trade Centre UK Coventry on 13th October 2023 for the screen price of £7998.
£1500 Deposit paid by  myself via Debit Card.
Hire Purchase agreement for the remainder was signed with Startline Motor Finance Ltd. 

 The vehicle came with a 99 point check certificate from Trade Centre UK signed off on the 3.10.2023 which ticked all boxes. Copy Enclosed.

A complaint was made regarding my dissatisfaction with the car was 27th October 2023. This was made via Trust Pilot Review and on the Telephone to Daniel Latham Manager at Trade Centre UK on the same day following him acknowledging my complaint.
My complaint related to the dent he had not rectified, the short MOT I was not aware of when buying the car and the lack of service history/up to date service on the car.

The car was booked in to try and remedy this complaint for 17th November 2023. 
The car was taken to Customer Care at Trade Centre UK Coventry on 17th November and was given a full service. This included spark plugs, oil & filter, pollen filter and air filter. Invoice Enclosed.

On the evening on Friday 17th November the car developed faults, the faults experienced were a strong smell of petrol, juddering, EPC light on, EML on and a loud ticking. The car was in limp mode and un-useable that weekend. 

Car returned to TCUK Customer Care on Monday 20th November. The looked at the car and replaced coil pack 4 and cleared the faults. Invoice Enclosed. 

The same faults occurred on Friday 24th November. The car broke down, kept cutting out and had to be limped home.

Email sent to Trade Centre UK and to Startline Finance on 27th November making a complaint and stating I wish to return the car. 

8th December RAC Independent Vehicle Inspection done at the cost of £299 to myself. Report Enclosed. 
Summarized as vehicle undriveable and unroadworthy and costly to repair. Other major defects noted.

Under the Consumer Rights Act 2005 I have stated I am rejecting this vehicle as not fit for purpose and not of satisfactory quality. TCUK have had the vehicle on 2 separate occasions to put right my initial complaint and have only made the situation progressively worse the more they have worked on it. 

Due to these defects and the vehicle being undriveable I have suffered the following losses:
£355.96 2x payments on the Finance
£299 RAC Report
£81 Fair Fuel Costs to and from TCUK
£80 cost to take my personal plate off of my new car to enable it to be returned
£      Insurance

I would like TCUK and Startline Motor Finance to accept my rejection of this vehicle, recover the vehicle from my home, return my £1500 deposit, pay my additional expenses listed above and cancel the Hire Purchase Agreement.

 

^^^^^^^^^

condensed a bit but still not 15 lines!! help!

 

Edited December 13, 2023 by shellyh24

[honeybee13]

But that isn't going to fit into the number of characters and lines that dx mentioned a few minutes ago.

HB

[shellyh24]

2017 Skoda Fabia purchased from Trade Centre UK Coventry on 13th October 2023. Screen price of £7998.
£1500 Deposit paid by  myself via Debit Card.
Hire Purchase agreement for the remainder was signed with Startline Motor Finance Ltd.
The vehicle came with a 99 point check certificate from Trade Centre UK signed off on the 3.10.2023 which ticked all boxes. Copy Enclosed.

A complaint was made regarding my dissatisfaction with the car on 27th October 2023. 

The car was booked in to try and remedy this complaint for 17th November 2023. 
The car was taken to Customer Care at Trade Centre UK Coventry on 17th November. Invoice Enclosed.

On the evening on Friday 17th November the car developed major faults. The car was in limp mode and un-useable that weekend. 

Car returned to TCUK Customer Care on Monday 20th November. They looked at the car and it was worked on. Invoice Enclosed. 

The same faults occurred on Friday 24th November. The car is now completely undriveable.
Email sent to Trade Centre UK and to Startline Finance on 27th November making a complaint and stating I wish to return the car. 

8th December RAC Independent Vehicle Inspection done at the cost of £299 to myself. Report Enclosed. 
Summarized as vehicle undriveable and unroadworthy and costly to repair. 

Under the Consumer Rights Act 2005 I have stated I am rejecting this vehicle as not fit for purpose and not of satisfactory quality. TCUK have had the vehicle on 2 separate occasions to put right my initial complaint and have only made the situation progressively worse the more they have worked on it. 
............

 

 

is that condensed enough? Do i need to include a list of my expenses at this point or will that be later on?

Edited December 13, 2023 by shellyh24

[honeybee13]

18 minutes ago, dx100uk said:

just a few VERY basic facts only. 

you only have about 1080 characters and max of 15 lines if you are doing this via the MCOL online portal.

the rest comes later at the disclosures stage 

dx

 

You must follow what the court tells you to do, it needs to be shortened.

HB