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Car dealer and finance company won't help,after catastrophic fault !

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  • Car dealer and finance company won't help,after catastrophic fault !

    Good evening , I am in a desperate situation and have no idea where to go for help and advice .
    I part exchanged my vehicle in May for an Audi A5 2010 model. I bought it from what I thought was a reputable car dealership. I took a finance package for the remaining value for 6 thousand pounds . The vehicle was advertised with "some service history " and 60,000 miles on the clock .
    When I collected the vehicle, the dealer said he couldn't find the service history book and would forward it on to me . A couple of days later I noticed the electric mirror wasn't working and contacted the dealer who asked me to take the vehicle back and he would arrange for it to be fixed. The vehicle was with the dealership for two days by which time I needed to know how much longer it would be . The guy said he had ordered the part, it would take six weeks so he will call me when it is in, I reminded him of the missing service history which he assured had slipped his mind but would send it to me in the next couple of days.
    I had the vehicle five months when one day the engine made a horrific noise and just stopped. Luckily I was in a supermarket car park at the time. I called the AA who sent a pick up vehicle , whilst waiting for the pick up vehicle I contacted the dealer who basically said its my problem and that I need to take it to an Audi garage, the 12 months warranty I had would cover the repairs. The Audi garage had a look and diagnosed the timing chain tensioner had snapped and caused catastrophic damage to the engine. I contacted the warranty company who basically told me off for taking it to an Audi garage and so I had it towed to a reputable general workshop . When they contacted the warranty company , the garage explained that the engine needed to come out and the warranty company asked them to proceed .
    when the garage confirmed the timing chain tensioner had snapped and the bill was around 5,000 pound , the warranty company would only pay for the chain tensioner and not the damage that the chain had caused to the engine. The garage owner said he had never heard of anything so ridiculous . I was advised that because the car had gone so horrifically wrong in under six months that I could expect the car dealer to repair or refund me . Of course I knew I would get no where with him as he had already said its not his problem !
    I contacted the finance company and explained the situation and they took on an investigation . I have sent them every bit of information , called them every day since the car broke down, it's now been four weeks in a garage with no engine !
    The young lady at the finance company doesn't seem to understand what she is doing , she didn't even know my consumer rights of repair , refund or reject. When I stated that they actually own the vehicle until I make my last payment , she insisted the car dealership own it !
    The young lady has got most information wrong for example, stating a timing chain has snapped and not the timing chain tensioner.
    I contacted Audi who have given me written evidence from an expert that a tensioner is built to outlive the car and would not break through wear and tear . They said perhaps the wrong oil had been used on it when it had a service before I purchased it . Either way the fault would of been present before I purchased it.
    The car dealer has not responded to the finance company, only to say it's wear and tear and nothing to do with him.
    Today I called the finance company to ask what is happening with my case and the young lady informs me she is closing the investigation !
    I ask why when they have not received all of the information . She then offers me a senior advisor which I thought was great because she has not instilled any confidence with me since day one. The senior advisor was meant to call me back today but did not.
    I since noticed that although the car advertised 60,000 miles on the clock , it has 69, 700 miles on the MOT that was done the day before I collected it . So I have done just under 2000 miles since I purchased the car. This is not a wear and tear situation as stated by Audi themselves.
    I don't know where to turn now. The car has been on a ramp in the garage for four weeks now with no end in sight . The dealer will not engage , the finance company are no help at all . What do I do now ? Can I reject the car now that it's clear the dealer isn't prepared to take responsibility ? Do I continue paying for the finance and what about the car I part exchanged to the value of £6,000 ?
    Please please advise me on what to do next , any help at all will be greatly appreciated .
    thank you in advance
    Tags: None

  • #2
    Hi and welcome

    You don't give an exact time line, but i would suggest you write to the finance company.
    Point out to them that under the consumer credit Act 1974 sec 75 they are jointly and severally liable and you are therefore exercising your right under the Consumer Rights Act 2015 to finally reject the vehicle.
    You advised them on dd/mm/2018 that the vehicle was unsatisfactory and therefore they were in breach of contract.
    They had the opportunity to repair the vehicle, but are in breach of the requirement of section 23(2)(a) of CRA 2015 to do so within a reasonable time and without significant inconvenience to yourself.
    Accordingly you require a return of all instalments paid to them and either the return of your part exchanged vehicle or the value you received as a deposit.
    Additionally request payment of your damages ie your expenses incurred because of the breach of contract.

    They have the right to deduct an amount for your usage of the vehicle, hence make sure you claim your damages!

    Comment


    • #3
      Hi Des8 thank you so much for your response , I collected the vehicle on the 2nd May and on the 4th October it broke down . It has been in the garage ever since where the warranty company gave permission to proceed however , since finding out the issue of tensioner chain snapping they are saying they won't pay . The guy who owns the garage of many years and a wealth of experience tells me the warranty company and dealer have a responsibility to work together and rectify the problem. I informed the finance company on the 2nd May and they told me the dealer is given one chance to repair the vehicle, if he doesn't engage then I have the right to reject. It has now been a month and as far as I'm concerned the dealer has not taken the opportunity to repair therefore I want to reject.
      With respect, the young lady at the finance company has no idea what she is talking about as I mentioned above , she never answers my questions, only saying she will speak to someone and call me back, she never does. The car is on a lift with no wheels and no engine, how do I get this back to the dealer ? Or is it down to the finance company to retrieve it after I have rejected it ?
      Thanks in advance

      Comment


      • #4
        Just to add there is a daily charge of £55.00 for the storage of the vehicle

        Comment


        • #5
          You ignore the dealer.
          The car belongs to the finance house.
          You have rejected the vehicle after the finance house failed to bring it back to a satisfactory condition "within a reasonable time and without significant inconvenience to yourself."
          It is up to the finance house to recover the vehicle at their own cost, and to pay the storage fees

          Don't expect them to roll over and accept their liabilities.
          from now on keep everything in writing and do not discuss on the phone without confirming in writing (email is acceptable)

          Comment


          • #6
            Thank you once again Des8 , you have given me hope after many sleepless nights . I shall email Blue Motor finance today and they should pick it up Monday morning , I shall update you if that is okay

            Comment


            • #7
              Sorry just a quick question Des8 , once I have informed them of rejection, do I send them the log book and keys ?

              Comment


              • #8
                Just wait and see what their response is before doing anything more.

                Comment


                • #9
                  Hi Des8 ,
                  i emailed the finance company and sent a hard copy to their office formally rejecting the car . I included the reasons and quoted my rights under the consumer rights act 2015, also quoting protection from unfair trading 2008 due to the advert stating long service history which I have never received also the milage on the advert was five thousand miles below what was actually showing on the clock , I included the evidence from Audi that the component that failed should last the lifetime of the vehicle . I also mentioned section 75 of the consumer credit act and how they are jointly responsible with the dealer . The finance company called today and said they are closing the case and I'm on my own . The garage owner where the car currently sits has told me he is going after the finance company for storage costs and won't charge me . It looks like I'm going to have to go to court , something I have never done before . I looked into small claims court and it will cost me four hundred pounds to do it but on the grand scheme of things I'm out of pocket around ten thousand pounds as its stands today . What I'm unsure about is who am I taking to court ? Is it the dealer or finance company ? I'm at a complete loss as to what to do next .
                  any help will be greatly appreciated
                  thanks in advance

                  Comment


                  • #10
                    I received the final letter from the finance house today stating they do not accept my rejection , they are still referring to the failing component as a timing chain even though I have corrected them many times that is incorrect, it is in fact the timing chain tensioner ! They also state the dealer had given me the service history which is totally untrue . The garage want the car gone , it has no engine . It's all such a mess

                    Comment


                    • #11
                      So now write/email acknowledging their letter and confirm they have until 12 Nov to reconsider.
                      Tell them In the event they do not respond in a satisfactory manner you will initiate a court claim without further notice .
                      Head the correspondence "Letter before Action"

                      Comment


                      • #12
                        Thank you Des8 , I shall do that this morning . I just can't believe they are taking the dealers word for everything and hanging me out to dry . I'm going to contact the garage this morning and have the car lifted back to my home where it will have to sit until this mess is sorted . The bill for storage alone is at a thousand pound , I can't leave it there indefinitely . I've been lucky that the garage are incensed as much as I am and cannot believe the finance house are not taking responsibility . Thanks again for your help and support , you've been invaluable

                        Comment


                        • #13
                          Your welcome
                          I doubt they will roll over, so return if you need help framing your claim

                          Comment


                          • #14
                            Good morning Des8
                            i just wanted to update you on recent events .
                            I had my car bought back to my home on a low loader and it sat on the drive whilst we figured what to do .

                            I think I mentioned before that my mum is registered disabled and I do a lot of running about for her and also take her to her part time job and collect her three days a week . As the process of dealing with my car could take months we needed to make a decision, to take control,of our lives .

                            I decided to take a credit card and have a new engine put in to the car . This was cheaper than paying for the repairs . I found a company in Wales who collected the car and left me a courtesy car for ten days . This cost £2,600 . The car is currently with them and I should have it back end of next week .

                            I have also started an investigetion with the FCA regarding the finance house and have also filled out a V888 with the dvla in the hope I can contact the previous owner regarding the elusive service history

                            . If I find there was none given to the car auction , I have the dealer on protection from unfair trading , a criminal offence and all of this can be sewn up with that one point alone , never mind the rest of this mess

                            . Once I have my car back , I'm going after the finance house for all costs of repairs , storage fees and travel expenses . Not having a vehicle has had a huge impact on our lives and my mums wellbeing , we couldn't be without transport indefinitely and although I have taken a credit card , something I have never had before , at least we feel in control , we will have a car and it can take whatever time to recoup the losses .

                            As soon as the car is back I will be contacting the finance house . Thank you once again for your help , for taking the time out of your day to help a stranger , you have renewed my faith in human nature

                            Comment


                            • #15
                              Understand where you are coming from, but you will have to word your claim carefully,
                              Please keep us updated on progress.

                              Comment

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