Big Motoring World/Blackhorse finance Faulty car AO68 YEK - repair under warranty? did not resolve issue - what are my options now

[BankFodder]

Thank you. That is helpful.

When you originally rejected the vehicle, did you do in writing? Do have a copy of that?

The deposit issue then is rather more complicated than we had first understood. He said that they were simply refusing to return the deposit that now I am starting to understand that you part exchanged it with a vehicle which had some outstanding finance on it and they had to satisfy that finance. Is that correct?
If that is the case then that certainly means that you would have been spared having to complete the finance agreement for that vehicle so you had some benefit from that. So I understand that you are owed £744 on the previous vehicle which they settled and they then returned the balance from £1000 to you in order to settle the deposit issue.
Is this correct?

You said that they offered to give you £70 back towards the diagnostic cost that you have not received this. Was the offer made in writing?

You have told us that the rejection was finally accepted on 31 January.
You have told us that by 5 January the rejection had been refused – but you don't tell us what date you actually made the rejection.
Was the rejection refused in writing?

 

[Peugeot5008]

Quote

Dear Big Motoring World,

NOTICE OF REJECTION VEHICLE REGISTRATION AO68 YEK

I am writing to formally assert my rights under the Consumer Rights Act 2015 regarding the car that I purchased from your dealership on 03/12/2023, for which I paid £13,100 plus warrenty, guardex and gap insurance

Within 4 days of ownership, a significant defect has materialised in the vehicle, specifically related to the emissions 

Initially, the ad blue warning light come up on the dash followed by the engine management light. After ringing big motoring world Wimbledon to report this they told me to ring big assist warranty to organise a repair. I took the vehicle to the garage big assist advised me to take it to, they told me it was the nox sensor is faulty but it isn't something they could repair. After contacting the warranty team again they booked me in with a garage on the 15th of January 2024, at this point I only had 150 miles left on the vehicle before it will become impossible to start to which I expressed is not good enough as I have a heavily pregnant wife who has hospital appointments weekly for the safety of our baby and 2 children in school 12 miles away. I was then told my warranty had now changed and only a big motoring world garage can fix the issue (this warranty was missold to me). At the point of sale for the warranty I was told I could take the car to ANY vat registered garage at a price cap of £75 per hour plus vat. I rang big motoring world again to request a rejection of the vehicle to which I was placed on hold for 48 minutes followed by being cut off without a call back. I have requested a vehicle rejection again today only to be told you will not accept it as I have "accepted" a repair. This is not the case, when I rang you the first time (4 days after receiving the vehicle) you told me to ring the warranty, not once did I accept a repair and not once did you say ring the warranty for a repair or return the vehicle for a full refund. 

Upon professional advice, I was strongly cautioned against driving the vehicle unless needed. Consequently, the vehicle has been taken to an authorized garage in which a comprehensive diagnostic report of the issues found has been obtained and sent over to both you and the warranty department.

Under the provisions of the Consumer Rights Act 2015, it is explicitly stated that goods must be accurately described, fit for their intended purpose, and of satisfactory quality. Given that your dealership is in breach of this contractual obligation, and considering that the defect materialised in the car within the first 30 days of ownership, I therefore am rejecting the car and requesting a refund in accordance to my statutory rights. 

Please respond without any delay, clearly outlining the process for receiving a refund and the arrangements for facilitating the return of the vehicle.

Additionally, I expect Big Motoring World to take full responsibility for coordinating the return of the vehicle. In the event that any expenses are incurred by me during this process, I anticipate that Big Motoring World will promptly reimburse me.

I trust that you will handle this matter with the seriousness it deserves, acknowledging my rights under the Consumer Rights Act 2015, and promptly addressing the refund and return of the vehicle in accordance with the law.

This is what I sent to big motoring world 

yes you are correct regarding the deposit 

the offer of £70 is in writing via email 

I formally rejected the vehicle on the 4th January 2024 

[BankFodder]

I am trying to work my way round this.

It seems to me that the way that the deposit refund was calculated is probably correct and so you wouldn't be able to recover the remains of the money.
This leaves the rest of the outgoings. I shall have a closer look at these later on.

I see that the only written evidence of a rejection is dated 4 January which is just over the 30 day rule which brings you into the six-month rule and which provides that they are entitled to a single opportunity to repair.
I'm understanding that you incurred expenses having it repaired because they suddenly change the terms of the warranty and so they wouldn't cover a repair by the garage that the car was already with. Is this correct?

[Peugeot5008]

Yes that is correct 

[BankFodder]

Thank you. So I am just trying to get a handle on exactly by how much you are out of pocket.

££70 in respect of the ad blue – promised but not paid.
Anything else?
400 miles from which you pay petrol?
How much was that?

I see that you consider that you have lost valuable days work. This can be difficult to recover. Please can you itemise the loss. If you were to claim this then you would have to have very substantial evidence and even then it might not be recoverable.
Any other losses?

Also I understand that the finance companies aware of the rejection that they still haven't cancelled the agreement and they say they are carrying out an investigation. Is this correct?
Are you still paying them?
Could you explain the situation in respect of the finance company please

[Peugeot5008]

I have litterally just got off the phone to finance company they rang me to tell me they are upholding my complaint in full and that I am out of the finance

they are also paying me back the £220 that I spent on the vehicle plus 8%

Also the first instalment is being paid back 

also the cost of my ferry plus 8% 

also £275 to help towards the hardship I have gone through over the past 2 months 
 

[dx100uk]

wow and thats all coming back from Blackhorse?

dx

 

[BankFodder]

Blimey!

 

[BankFodder]

That is a great result and very surprising.

Well done.

Now if we can just figure out exactly but how much you are out of pocket we can try and go for the small change.

[Peugeot5008]

Yes all from black horse the lady has been really helpful

I just expressed to her how much stress it has caused me and my pregnant wife and she’s done everything she can possibly do to help 

the only thing really I’m out of pocket for now is the deposit £744 everything else black horse have covered 

the only thing that I can think of that may play in my favour but I’m not sure is the fact that on my paperwork from BMW it shows £700 as deposit not anywhere does it state it is used to cover the shortfall for the part ex ? 
 

will this make a difference ? 

 

[dx100uk]

yes.

 

[Peugeot5008]

Shall I upload a picture of this paperwork ? 

[dx100uk]

no you cant 

redact it and convert it to PDF as usual

dx

 

[Peugeot5008]

Signed order form--2023-12-03.pdf

[BankFodder]

Please forgive me but I'm still trying to understand and why you are out of pocket by about £700 when you part exchanged a vehicle and they had to pay off the last instalment and they asked you earlier, said that was correct.

When you part exchange your vehicle for the one they supplied, there was about £700 outstanding and they took your vehicle and paid off the last instalment. Earlier on you said that was correct.
If that is right and that means that the £700 which they have subtracted from your deposit refund is the money that they used to pay your previous vehicle so that you are then spared the burden of having to make that payment yourself.

It's entirely possible that I'm misunderstanding something. I'm not the most numerate person in the world!

Please can you clarify

[Peugeot5008]

No your are correct but when they told me their only offering 4700 I said that’s not good enough it’s worth the full amount at least.

they then responded saying if you take out 2 years warranty, guard x and gap insurance it will work itself out

which is why I guessed they put the £700 down as a deposit on the paperwork instead of funds towards settlement or something along them lines ? 
I could be wrong but that’s what i assumed after they said what they said 

[BankFodder]

I'm still struggling to understand. What I'm hearing from you is that they didn't pay off the outstanding balance on your part exchange car. Have you checked up on this?

You can see how confused I'm getting!

[Peugeot5008]

No they did pay it off 

sorry it’s me being confusing

I understand what your saying the fact they paid off my settlement I’m breaking even I understand 

[BankFodder]

Yes, that is what I'm saying. I could have expressed it better and you have expressed it perfectly.

From what you posted earlier, that's what they seem to be saying to you and it makes sense to me.
On the other hand, it wouldn't surprise me if they were able to distort something so at least now that we have agreed an adequate form of words. Is that correct? That you have broken even or are you out of pocket at all.

 

[Peugeot5008]

Yes I agree I have broken even 

[BankFodder]

In that case I'm afraid there is probably nothing we can recover. The aim of the courts would be to put you back in position that you would have been in if the contract had been carried out – in terms of value.
You have return to your starting position in terms of money and even though you have obviously been put through the mill and had a very bad time I don't think that there is any way of getting compensation for that.

If you would like to have a think about anything else you have spent and hasn't been reimbursed then we can have a look at getting it back for you.

I think you had a rotten time. It seems that lots of the customers of this company Big Motoring World are being shortchanged and ripped off – and a huge number of them don't get their money back because they don't know how or they simply give up.

So believe it or not you're probably one of the lucky ones.

I'm sorry that we can't do more for you but if you come up with something then do let us know.

 

[BankFodder]

You certainly should go and post reviews on trust pilot and also Google letting people know what has happened and try to them off.
There is a Facebook Big Motoring World complaints page. You might want to go and tell them as well because there are a lot of people there were quite desperate and some good news would help them.
 

[Peugeot5008]

Yes I have joined that Facebook page and also let a review on trust pilot a couple weeks ago. 

when I dropped the car off there was two people in the waiting room trying to reject their vehicles for the same issues one being the exact same as  me ad blue and EML she had car for 2 days 

the other guy the turbo broke on his Mercedes on way home, 

they were both not having any luck so I directed them both to this thread for them to use the rejection letter template 

within the hour they both had their rejections accepted 

so you guys are helping a lot more people than you realise 

I personally cannot thank you enough you have been an amazing help and I will be eternally greatful 

 

[dx100uk]

top man....

 

[BankFodder]

Well done – and thank you for the nice comments.

Well done also on passing our details onto other Big Motoring World. It's really quite amazing. There have been a deluge of cases involving this company in the past two or three weeks. It's been very sudden and very significant.
This company and its staff really need sorting out. They are hurting a lot of innocent people.

And finally, we exist on donations to pay our expenses – hint hint!