Jeff Whites, Netcar & Private and Commercial

[webbscatering]

Hi Guys,

some positive and proper advice required as everyone has either a story or glorified advice to offer.

 

On September 28th 2007 I brought a car through Netcar.co.uk. they vetted, HPI checked and arranged the finance with Private and Commercial.

 

Ten weeks later the power steering pump blew, were not talking a seal here but a split in the housing, now the cars mileage when I brought it was 86475 as of 28/9/2007 the current mileage is now 87896 when it broke down on 17th November. Which is 1421 miles in 50 days = 28.4 miles a day only 180 of which were motorway miles.

 

The car has been taken to a mechanic who was said that there is no fair wear and tear as no seals or bearings have been broken but the outer housing is splits which indicates an internal malfunction.

 

Needless to say Jeff Whites have said we only give 28 days standard warranty on their cars which was strange on a £15,000 car. I spoke to Netcars.co.uk and they were going to sort it out the nice way or the nasty way. Two months later nothing done!, the guy dealing with it at netcars has moved on and surprise surprise there are no notes left to back up my claim.

Meanwhile Private and Commercial are not happy because i am refusing to pay the loan as I made a formal complaint in writing stating the car supplied was not fit for the purpose it was intended for. Now they have issued a default notice and a repossession order on the car. What should I do??

[webbscatering]

I found this on CAG which cover my predicament, but please post more advice if you have some,

 

http://www.consumeractiongroup.co.uk/23827-sale-goods-act-buying.html

[webbscatering]

The RMIF are they any good or a waste of human space?

[webbscatering]

Hi Guys, I sent my SOGA letter off seven days ago and not had a response yet, in my letter that was the deadline. What do I do next?

[webbscatering]

Need urgent advice, Private & Commercials have sent a debt collector to take the car, the thing when I took the finance out Netcars messed it up and I ended up with two loans for the same car. Now one loan the higher of the two has missed payments but the lower one has not missed a payment can the car still be repossed even though they are still accepting payments. They have still refused to respond to my fax and 4 letters of complaint regards the SOGA on this machine

[patdavies]

I don't think that anybody here can help.

 

They have screwed up royally in raising two loans for the car and appeear to be ignoring your.

 

I can only advise that you get a solicitor involved - they may take more notice of him/her.

 

Alternatively look at the forum stickies and send then a CCA letter for each loan - surely only one is signed and therefore enforceable.

[webbscatering]

What's the procedure for a car finance company to obtain repossession for a car?

Edited June 10, 2008 by webbscatering

[Conniff]

If you've paid more than a third of the total cost of the HP or CS (not including any insurance), your lender will need a court order to take the goods back. If you've paid less than this, the lender still can't enter your property to take the goods without a court order, unless you give them your permission to.

 

So if you have a garage, keep the car in there.

[webbscatering]

If you've paid more than a third of the total cost of the HP or CS (not including any insurance), your lender will need a court order to take the goods back. If you've paid less than this, the lender still can't enter your property to take the goods without a court order, unless you give them your permission to.

So if you have a garage, keep the car in there.

Thanks for replying back,

I will keep it brief so brought car in sept 2007 by mid Nov 2007 car blows power steering pump. I complain to finance company and want to complain under the SOGA this was done via fax and letter. No response car is holed up in garage for 5 months awaiting confirmation on who is going to pay for repairs. I pay for repairs finally and want to pursue my money down the legal channels. Today 2 guys seize the car or literally drag the car from outside my place of work, they give me no paperwork or show me ID before dragging the car up a flat bed truck and drive off. I did not sign a thing nor did i agree to voluntarily terminate, the finance company phoned and demand i give the keys over!!. When the finance was set up it was a complete mess where 2 loans was set up to purchase the car, the higher of the two loans I stopped but forgot the smaller second loan this is up to date on payments. Its as brief as i can be.

[ReasonableRon]

What other contact or dialogue have you had with them in the last 5 months? Did you continue to persue your complaint after your initial letters?

[webbscatering]

What other contact or dialogue have you had with them in the last 5 months? Did you continue to persue your complaint after your initial letters?

Yes more phone calls, loads of emails to Netcars and a final letter stating I am refusing the car on the grounds that it was a lemon when it was sold to me. The SOGA is the grounds on what I am refusing the car.

[Conniff]

His declaration that the warranty was only for 28 days does not come into it.

 

From SOGA

These rights are not affected by any mechanical breakdown insurance (which is often sold by dealers if the manufacturer's warranty has run out), guarantee or warranty giving additional protection. Once a trader gives a warranty it becomes an agreement on its own,

 

I also 'need' to repeat my earlier post:

 

If you've paid more than a third of the total cost of the HP or CS (not including any insurance), your lender will need a court order to take the goods back. If you've paid less than this, the lender still can't enter your property to take the goods without a court order, unless you give them your permission to.

Have you had any indication that there was a court order?

 

 

Edited June 11, 2008 by Conniff

[ReasonableRon]

Yes more phone calls, loads of emails to Netcars and a final letter stating I am refusing the car on the grounds that it was a lemon when it was sold to me. The SOGA is the grounds on what I am refusing the car.

Netcars are not the finance company that has taken the car - have you had any dialogue with Private & Commercial over the last 5 months?

[webbscatering]

His declaration that the warranty was only for 28 days does not come into it.

 

 

 

I also 'need' to repeat my earlier post:

 

If you've paid more than a third of the total cost of the HP or CS (not including any insurance), your lender will need a court order to take the goods back. If you've paid less than this, the lender still can't enter your property to take the goods without a court order, unless you give them your permission to.

 

Have you had any indication that there was a court order?

 

 

Absolutely Not, the guys pulled up at my work in a plain unmarked flat bed truck, they never asked for the keys, they hitched a tow line to the back axle and in full view of everyone dragged the car across the car park and up on to the flat bed bear in mind we are talking a seven series BMW. At that time I was not shown any papers but was thrusted a mobile phone and told to talk to a guy who said he represented the finance company and was taking the car back. They did not show any ID during the snatch.

[webbscatering]

Netcars are not the finance company that has taken the car - have you had any dialogue with Private & Commercial over the last 5 months?

 

Yes Ron my last letter was telling them I was refusing the car, the letter was sent Recorded Delivery and followed up with a phone call once I had confirmation the letter was delivered. Remember they have been accepting payments on the second loan but when I spoke to them about this they did not have a clue what I was on about.

[webbscatering]

Netcars are not the finance company that has taken the car - have you had any dialogue with Private & Commercial over the last 5 months?

 

When I did not get a reply on my first complaint back in November, it made sense to go back to their brokers who made all this happen, thinking that they would be able to get through to the dealer and the finance company in a more effective way than what I could, this turned out to be a waste of three months.

[JonCris]

How much had you paid by the time they took it 1/3, 1/2 how much? & did you tell P&C that you where going to cancel the larger of the agreements before you cancelled it

[webbscatering]

How much had you paid by the time they took it 1/3, 1/2 how much? & did you tell P&C that you where going to cancel the larger of the agreements before you cancelled it

 

The loan has only been running since last September they were paid for the first three months of the loan, then I just stopped paying money into that account, so in effect I have not canceled it, just not put money into that account which in turn would have made the DD's bounce. Yes I have been hit with bank charges but they are easy to get back. i just received a letter from the bank stating they are still trying to take money from that account.

[JonCris]

Did you contact them BEFORE stopping the payment to explain why or was your action arbitrary. Also they are entitled to repo the car without a warrant if you had paid less than 1/3 of the total cost

[webbscatering]

Did you contact them BEFORE stopping the payment to explain why or was your action arbitrary. Also they are entitled to repo the car without a warrant if you had paid less than 1/3 of the total cost

 

It is well less than a third of the total costs. so I lose, but it would have been impossible in the scale of time given to have paid a third off. To have paid a third off would take 16 months then at that time my rights under SOGA would have run out. The car broke down after only 9 weeks of ownership

Edited June 12, 2008 by webbscatering

[JonCris]

I agree but you shouldn't have stopped paying. If continually dissatisfied you should have rescinded the sale in writing to the dealer, with a copy to P&C, then after ensuring you had all the evidence you would need to bring an action (mech report etc) returned the car to the dealer before cancelling the finance

 

Also you stated that you had already rejected the car & if that's correct you certainly should not have been still using it

 

The action you now need take is against the dealer although you haven't done yourself any good by stopping the finance as the original supplying dealer will no longer have possession of the car as it will probably be sold at auction

[ReasonableRon]

I agree but you shouldn't have stopped paying. If continually dissatisfied you should have rescinded the sale in writing to the dealer, with a copy to P&C, then after ensuring you had all the evidence you would need to bring an action (mech report etc) returned the car to the dealer before cancelling the finance

 

Also you stated that you had already rejected the car & if that's correct you certainly should not have been still using it

 

The action you now need take is against the dealer although you haven't done yourself any good by stopping the finance as the original supplying dealer will no longer have possession of the car as it will probably be sold at auction

I agree. Also it would have been of no use to go back to the broker instead of the finance company. Netcars have had their commission and now more than likely couldn't be less interested.

 

From P&C's point of view, in the absense of any notification to the contrary such as a formal rejection of the vehicle, all they are likely to see is a customer refusing to pay for their car, and have therefore taken the inevitable action of recovering the car.

 

If you still have a report on the vehicle which confirms the problems you may still be able to fight this but as the supplying dealer can no longer inspect it then this is going to be an uphill struggle.

 

you won't have done your credit rating any favours either by the way :o