• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Sub frame damage on car

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Sub frame damage on car

    Hi, my..first time on legal beagles..
    briefly, purchased a Mercedes e 220 in October 2018.
    when service was due in June 2019, I was told by Mercedes dealer that I have a damaged subframe and that car car was out of alignment.
    i then had a wheel alignment done within the week and was informed that my front left side could not be aligned because the car has a damaged subframe.
    teo weeks later, the car broke down with a damaged pully.. Mercedes informed me that because of the car being out of alignment, I could and most likely face further issues in relation to this..( purchased the car with 11,000 miles and pully problem was on 21,000 miles)
    as I am a private chauffeur, I went to the dealer and explained the problems and that I was rejecting the car..
    as it was on HP, my complaint is with Santandar finance. After notifying them of the problems with the vehicle, pointing out that I had been sold a car that I believe had been involved in an accident, I wanted to return the car .
    they refused, stating that I have had the car for .8 months. So , in August, I lodged a complaint with the Finacial Ombudsman.. really -really didn’t realise it would take so long due to a massive backlog-
    finally , in February if this year, my complaint
    was upheld.. the ombudsman told me that he would recommend Santandar to return my deposit of £2000 and £400 of other expenses, take the car back and wipe my finance Agreement clean.
    however, Santandar have not responded to the ombudsman’s ruling despite 3 reminders to them.
    However, I felt disappointed with the outcome as I believed I should have recieved a more favourable settlement , including not driving the car from August to December and leasing another vehicle fior that period as I did not wish to take the risk of having an accident with company employees in the car.
    lspent almost £5000 on car rentals., at the same time, I was having to keep up monthly payments of £640 on the hp.
    now I want to take Santandar to court - small claims for under £10000.
    i want to represent my self as I cannot afford the use of a solicitor.
    as I had a motor engineers report done in January this year, who confirmed with a serious of photos of the subframe damage and also the inspection engineers professional verdict stating that the damage was pre-sale to my purchase of the vehicle in 2018.
    the engineer will act as witness in court .
    to sum up, I would not have purchased this car if I had known of this damage. I done a full vehicle check ( not AA).. and s as lal csme clear. This was obviously hidden damage not reported to the databases.
    the dealer had purchased the vehicle from a lease hire company and from i what I unfolded is that when cars have been involved in accidents , they gave them repaired within their own repair centres and this way , they don’t report the accidents and unsuspecting innocents buyers like my self get duped.
    can some please advice me if I have a strong case in court.
    thankyou.
    Tags: None

  • #2
    Hi,

    First and foremost, did you accept the Ombudsman's decision? If you accepted their decision then that is your legal remedy and you cannot go to court and ask for something else.

    Second question, if the Ombudsman found in your favour, why did you continue to pay the monthly instalments? If you didn't accept the Ombudsman's decision why didn't you notify Santander that you were terminating the agreement?

    Quite a few missing things here and litigation is not 100% guaranteed so it's risky. If the engineer's report supports your claim then it sounds like there are reasonable grounds and the first point will be to send a letter before action to Santander at their address listed on the agreement.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Thank you Rob for your reply.
      i recieved an email yesterday from the ombudsman’s office. The judgement ruled in my favour was from a financial ombudsman investigator. As Santandar did not reply to his ruling, despite chasing them since February 19, this investigator has now informed me that the case has been forwarded to a” higher department “ .
      i have been warned that this could take a minimum of a further 6 months-and with the co-vid19 situation, I fear it could even take longer.
      this is why, I feel taking court action, with the investigative ombudsman’s ruling and motor engineers report and other documented evidence may be a better route.
      so, do I have any right to cancel my future HP monthly payments?

      Comment


      • #4
        Hi... anyone out there can advice further on my case please

        Comment


        • #5
          Morning - If you do decide to issue a claim, unless you they cave in immediately and pay out, you will have a minimum of 37 weeks between issuing the claim and getting to final hearing. Many courts closed in the last several years which has led to a growing length of time to conclude a claim. 37 weeks is a pre Covid19 statistic so it is very likely to grow longer. Ironically the Ombudsman may take the same or less time than court.
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

          I am proud to have co-founded LegalBeagles in 2007

          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

          Comment


          • #6
            so, do I have any right to cancel my future HP monthly payments?
            Whether you have a right is for you to determine, as it's becoming a bit of a grey area since you continued with your payments. You might want to do a little research on the recent County Court case Gordon v Volkswagen Financial Services - it's not legally binding but provides similar facts to yours.

            Suggest you get some independent legal advice if you want something more concrete.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X