new car problems, fraud and repossession

[SirTomMcKillop'sMaker]

in 2001 i bought a new car on hp (business)

in 2002 i bought another new car on hp (personal)

in nov 2002 the second car was fully refunded due to mfr engine troubles

the garage offered a replacement to be delivered 3 months later

to receive refund cheque when the dealer came to collect car from my house, they forced me to sign a 'this is an end to our dealings' letter con - which included a number of clauses stating: that i will not contact the dealer again, that all matters are resolved, that a replacement car would be supplied by another garage,

i tried to avoid signing, then signed the letter upside down, saying i'm signing this under economical duress, as i need the money

however as the garage had damaged the stereo in the 2nd car and the other garage never supplied the replacement car (sold to someone else on a waiting list), the stereo was left in pieces

in 2003 was a victim of fraud on my bank accounts

in 2004 my bank stopped paying ddebits to car finance for first car while i was abroad

car company issued default and said a baillif was hired to collect vehicle, which only had 3 months out of a 36 month agreement left

i dropped car off at dealership

they auctioned it off and i lost (it seems forever) a £1000 dvla number plate.

in 2006 took garage to court (money claim online) as they had not fixed my stereo among other issues

had a bit of personal trouble and was unable to send claim documents to court/garage's solicitors

attended court - just me, judge and car dealers barrister. said that i had been conned by dealership and they had not kept to the agreement, which included statements saying that i should not contact the dealership, i then produced a range of communications from the garage who had contacted me - invites for test drives, product info, emails, servicing letters etc. I asked the judge if the non-contact agreement was reciprocal, he said yes.

i was then asked to send in all docs i had

i failed to do so, and judge struck out claim.

Can i re-instigate proceedings?

The claim was specifically for the damage to the car stereo.

I'd like to claim for more now, including damages for misleading/tricking me into signing dodgy agreement which garage did not stick to

can you re-start something that's been struck off?

 

as far as litigation goes, i am considering:

 

dealer: damage to stereo, failure to supply 2 vehicles (had a 3rd car on order), damages, loss of earnings, false agreement, any affect on statutory rights?

 

bank: fraud prevented me being able to pay for car which eventually was repossessed. Bank wholly negligent and therefore responsible for fraud. They have paid back stolen monies and some

bank charges. As fraud bank's fault are they wholly liable? even though garage is to blame too.

Court date set for July.

 

car finance company: demanded car back when only 3 months left on agreement - have heard that if 2/3rds of car is paid they cannot repossess - is this true for business hp?

[SirTomMcKillop'sMaker]

perhaps it should be known, the dealer was Heathrow BMW, owned by H R Owen.

H R Owen Chairman, BMW (GB), BMW (DE) Chairmans office, BMW Finance UK all refused to help / intervene / resolve issues.

[calvi36]

How much was the beamer worth when you bought it, were you a ltd company?

[SirTomMcKillop'sMaker]

beemer one was over 40

beemer two was over 50

 

yes limited company - and had the finance agreement with the ole claim back yer interest tax feature

[calvi36]

Both vehicles will be on unregulated agreements then. Am afraid this means that you have no rights to halves and thirds rule. 25k is the ceiling at which a regulated agreement can be made.

[SirTomMcKillop'sMaker]

i feel a wail coming on....

 

to me, it's my bank's fault for the fraud, and the subsequent non-payment of car payments

 

do you think i can hold them liable and sue them for the losses?

[calvi36]

Sir T, the bank side of it is not a speciality of mine so I would decline to comment on whether they could be held accountable. If you need it I can send you the contact details inc mobile of someone high up at BMW Finance.

[SirTomMcKillop'sMaker]

thanks calvi36 that would be great, can you post/pm the details? i remember talking to the head of the finance department at the time - head repossesor etc she was unaware that i only had three months left on the agreement when i told her, she said that if she had known, she would not have authorised the default and repossession - and that bmw do not repossess so late into an agreement but as said as she had already got the ball rolling, there was nothing she could do to reverse the situation that's some service i received... and my blood boiled... and still is

[calvi36]

I have sent you a pm Sir T, good luck with it.