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No justice for all

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  • No justice for all

    This is a bit of a long one so bear with me...

    Back in Jan 2014 I bought a BMW 1 series from a car dealer. Finance was arranged before I got there, so when I turn up I was ready to test drive the car I had seen on the website. Te dealer claimed that the vehicle had full dealership service history.
    Well I say test drive, it was out of the dealership, turn left, go 400 yards to the roundabout. Right round the roundabout, past dealership to the next roundabout (500 yards), then back into the dealership.
    All seemed fine so we did the deal. I opted for the fully inclusive warranty at a cost of £250. It was also agreed that I could pay the £250 in a few days time (payday).
    Driving home I noticed that the car was juddering when pulling away, but thought it might just be me driving a strange car that I'm not used to.
    When I contacted the dealership to pay the agreed £250, for the warranty, I mentioned that the car seemed judderery. The sales guy said that as I had only just paid for the fully inclusive warranty I would have to wait for it to be activated. He advised that it could take about 14 days, and to call back in about 30 days, just to make sure.
    So 30 days later I call the dealership back. The sales guy was very sorry but there had been a mix up and the warranty was not active yet. I explained that the car was still doing it, and it was getting worse. No problem he said, and advise me to call back in 2 weeks.

    14 days later call the dealership. No answer. So tried various times and after 3 days I received an answer. Ask for the original salesman, and was told he doesn't work there anymore. Explained my problem, and went on about the warranty. The advisor then stated that this was a new company and the previous dealership has closed. REALLY!! What about my warranty? Sorry we have no record of it and can't help you. GREAT!!
    I found the details of the warranty company so I called them direct, only to be told that I had no warranty.

    So, went to my local garage to get a quote to get it repaired. Only £1820 for a new dual mass flywheel and clutch.
    Now I've only had this vehicle for 2 months and was now expected to pay for an expensive repair, for a fault that was present when I bought it.
    During a conversation with a friend of mine, they suggested that as I bought the vehicle on finance then the company have a responsibility to ensure the goods are fit for purpose.

    I contacted the company and they did not want to know. I made a complaint, but they still did not want to know. They were no help at all.

    Now 5 months have passed and the vehicle is even worse. It was not really possible to drive it, so I contacted the finance company again and said that as it was not roadworthy I was going to cancel my dd.

    I went to see a solicitor who had a free clinic. They said I had a good case and it would cost about £5000. I don't have that kind of money. Don't worry they said, you will probably get your money back if you win. No, I don't have that kind of money.
    The other option was to wait for the finance company to take me to court, and file a counter claim.
    So this is what I did.
    At court I had a report from the local garage stating that it was faulty. I also had a statement from the previous owner that showed the car had the fault when I bought it. (Googled the name and it turns out the previous owner is some sort of free mason, and his email address was on a website. He was very helpful, and stated that he traded the vehicle in because it was faulty).
    Things were going well, and it looked like it would go my way, then BAM. The solicitor for the finance company then states that during an internet search they found that i was found guilty of a criminal offence in 2010.
    So what I said!! It has nothing to do with this.
    After that the judge ruled in favor of the finance company, and ordered I pay £14,000. Yes £14,000.
    I have tried to appeal, and got refused.

    So what can I do now? I don't have £14,000 (or goods to the value of)
    Why should I pay for faulty goods??

    Is there anybody out there that can help??
    Tags: None

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