Newton Autos in Milton Keynes - Bought a px Car to clear. Do I still have rights? they say no warranty!!

[BankFodder]

If the bank reversed the chargeback I would want to begin a complaint against the bank.

If you want to go to the dealership and make a fuss and embarrass them in front of other customers – then go ahead – it might make a difference but don't bank on it.

Certainly you shouldn't go on your own. Make sure that you have a witness preferably who is filming to make sure that you aren't accused of anything.

Be very careful not to get in to nasty arguments or fights or anything which would allow them to call the police and to gain the upper hand morally. Frankly I don't really think it's a very good idea.

If you actually get the money then yes of course you will cancel the chargeback. However you shouldn't cancel the chargeback before you have the money in your hand. Once you cancel chargeback you won't be able to begin again. Once it's gone it's gone.

Don't fall for a promise to pay you.

Don't accept anything other than the money comfortably in your hand or in your bank account.

And behaving appropriately is extremely important

[jimguff]

Afternoon all, 

I have started the charge back process with my bank. I am about to send the following email to Newton Autos 'Legal Advisor'. 

 

Good afternoon, 

 

Thanks for the prompt reply. 

 

That's excellent news regarding the cctv footage. Do you have the audio available with this? You will then be able to hear me bargain for a 3 month warranty only to be told by your salesperson that I will have the standard 30 days to return the vehicle should there be any issues. 

 

If you have the cctv footage may I request a copy of this? 

 

May I also suggest that you read the consumer act 2015, especially section 57 and section 72. I'm sure that as the legal advisor to a motor dealership you are familiar with this and are aware that attempting to avoid your obligations under the consumer act is unlawful. 

 

I have attached the diagnostic reports that show the mechanical faults in this email for you to review and make the correct decision so we can avoid unnecessary legal proceedings. Failure to do so will result in me beginning legal action to recover the full cost of the faulty vehicle and any costs associated such as legal costs and loss of earnings. 

 

I look forward to your response. 

 

Yours sincerely, 

 

 

Any suggestions before I send? 

 

[BankFodder]

Do not send this.

The email which you are proposing to send certainly requests sight of the CCTV but actually it is vitriolic and point scoring – both of which are scarcely surprising

– but also you are simply handing clues as to your arguments and your position to the dealership – for absolutely no reason other than some personal satisfaction of having had a go at him.

You should draft an ordinary – even-handed, measured message simply asking for a copy of the CCTV video.

Try again and post a draft here

[jimguff]

OK will do. Back soon. 

Good afternoon, 

 

Thanks for the prompt reply. 

 

Please send me a copy of the cctv footage

 

I have attached the diagnostic reports that show the mechanical faults in this email for you to review that clearly show the faults found by both the AA and the mechanic. 

 

This clearly shows that the vehicle has been found to be faulty which to reiterate, entitles me to a full refund under the consumer act 2015 as the faults have been found and reported within 30 days. 

 

I look forward to your response. 

 

Yours sincerely, 

 

 

Any better? 

 

diagnostic report.pdf

[BankFodder]

That's fine. I made a slight amendment for a change of emphasis.

Send it off – don't hold your breath!

[jimguff]

Can't see the amended draft BF.

[AndyOrch]

15 minutes ago, jimguff said:

consumer act 2015

Consumer Rights Act 2015

[jimguff]

Hello all, 

Just received this reply:

Hi J,

 

Sorry we can’t not provide you the CCTV copy if needed then we will provide to honourable court.

 

As this is confirmed that you was agreed to buy without warranty and even given discount as well and now using the law and asking us to give you refund. 

 

Please launch the mini claim then we will apply accordingly and will provide all the evidences.

 

Many thanks 

[BankFodder]

No surprises.

You will have to sue them in the meantime and send them a subject access request.

Either they won't know how to handle it or they won't provide you with information you want but either way it gives you an extra cause of action

[jimguff]

So I'll need to send them a letter giving them 14 days to reply first and then fill in an N1? Is this correct? 

Do I wait for the charge back to finalise before acting? 

[BankFodder]

Yes, probably best to wait before the results of the charge back

[jimguff]

Hello all, 

Hope everyone is well. Just a quick update on this. 

My bank has recently requested some more information about the case and are reviewing email interactions and receipts etc. 

I hope to hear back soon! 

JG

 

[BankFodder]

Have they responded to your subject access request?

[Nicky Boy]

As I understand it a chargeback is a right. The bank shouldn't need to "review" anything. You should get back to your bank and demand it.

Tagging

@dx100uk for advice...

[jimguff]

Hi all, 

Not too sure what a subject access request is. Would this be in regard to the cctv that they were talking about? 

The bank just wanted more details. The email exchange between the two parties and a copy of the receipt etc. 

[dx100uk]

you asked for the CCTV footage but only by a simple line in a letter.

it was not an SAR which can be legally enforced if they fail to comply with the footage.

dx

[Nicky Boy]

Just click on > SAR < to read about it.

[lolerz]

@Nicky Boy A chargeback on a debit card is not a legal right (unlike S75 of the CCA 1974) but there are rules that have to be followed and the ombudsman can step in. You're only really unlikely to fail a chargeback though in an unclear case and I don't think that's the case here.
 

[BankFodder]

On February 2 we advised you to send a subject access request.
Today it seems that you didn't send it at all.

Why not?

There is a 30 day statutory time limit for this and in another three or four days, they would have been in breach and you would have been in a great position to take further action on it.

Instead you have simply let it go.

If you want us to help you that you really will have to follow advice or at least explain that you aren't going to follow it and tell us why.

You simply causing delays for yourself and playing into the hands of these dealers – as well as using up the resources of this forum

[jimguff]

Hi guys, my understanding was to allow the charge back process to be completed before taking any further action?  

I'm not averse to doing this step, I just thought I had to wait for this to resolve itself was all. 

[BankFodder]

Then it would have been helpful if you had explained that.

The subject access request should have been sent 27 days ago on the 2nd February. I suggest you send it now.
 

[jimguff]

I'll get on that this evening. I do appreciate the help and intend to follow the advice, I genuinely thought we had said it was best to wait for the charge back to finish. 

J

[BankFodder]

The waiting was about starting a legal action but not wanting to do that until the chargeback decision.

The subject access request should have been sent almost 4 weeks ago because if you get a chargeback refusal next week, you still won't really be able to start an action until 30 days have elapsed from the date you sent the subject access request.
So you have delayed things unnecessarily.
Also I see that five hours ago you said you didn't know what a subject access request was. It would have been a good idea to find out about it when we first suggested sending the SAR.

Please will you make sure that you ask questions if you aren't sure about things. Otherwise it just causes unnecessary delay, work for us and greater risk for you.
There is nothing to like about it

[jimguff]

Good evening everyone, just a quick update about this.

The charge back has been started by the bank.

They said if I don't hear back or have the money retaken from my account by the 23rd May then it has been completed. 

In the meantime, I guess the plan of action would be to let Newton Autos know that I expect them to collect the vehicle? 

Kind regards 

J

[dx100uk]

i wouldn't rush on that, not your problem as such....

pers id be awaiting till there no chance of them objecting and you not getting the money.

if it all succeeds then i'm sure they will write saying they are coming to get it.