Noted the above, but please note that it was an email that I had received. no letter. I literally just copied the message which is above, headed under: Letter received from Section 75 . I have attached a screenshot In regard to the end of agreement arrangement, I do agree with @theoldrouge that creation should in theory set out and explain my options prior to the end of the agreement and may well yet do so. Funnily enough I had to speak with them last week and the remaining payments. I have left a payment in September, then in October will be the balloon payment. The agent advised that I should call the dealership to inform them that I would not be taking the car at the end o the agreement. But initially I wanted some sort of letter template to knob off to both creation and the dealership and also cancel my direct debit. I do not want to give them the opportunity to say that I have been in breach of contract for whatever reasons therefore I am liable to pay the balloon payment...look I don't know. Never took out car finance before and sure won't after this experience. I just want to know what to do, without any repercussions on myself. Apologies if this has been confusing. Untitled presentation.pdf

Apologies, I was trying to get everything in at once. Letter received from Section 75 I am writing to confirm we have received the acceptance of the Finance Ombudsman Service ruling. This has been passed to the dealership on 11th August 2023, they will be in contact with you in due course to make arrangement for the necessary repair to be carried out. Once this has been action the remainder of the ruling will be actioned. End of agreement In approximately five weeks, my finance agreement will come to an end, despite the fact that there have been long-standing issues with the vehicle's engine. Still, I should have been contacted by the finance company to determine if I wanted to retain the car or return it to them once the period was over. Despite none of the aforementioned occurring yet, would you be so kind as to point me in the right direction with regards to an appropriate letter template to affirm the conclusion of the agreement? I am endeavoring to return the car and also cancel the Direct Debit without having to make a final balloon payment, oh and also request the FOS ruling to be actioned with immediate effect or I will proceed to court.

Morning, As an update to this post, I was contacted via email on Friday 18th August by a FOS Relations and RCA Officer from Creation. Despite receiving the email on August 18th, I have yet to get any type of response from the dealership. At first, I had thought of maintaining the car after the repair was complete, however, after visiting the garage to collect my things and assess the vehicle's state, coupled with a productive discussion with the owner, I have made the decision to leave it in the finance company. My opinion is that their lack of communication, along with their approach of using delay tactics, has been done intentionally. Do I really think it would be wise to have them fix the car if I am not intending on keeping it? Probably not. Is that accurate? End of agreement In approximately five weeks, my finance agreement will come to an end, despite the fact that there have been long-standing issues with the vehicle's engine. Still, I should have been contacted by the finance company to determine if I wanted to retain the car or return it to them once the period was over. Despite none of the aforementioned occurring yet, would you be so kind as to point me in the right direction with regards to an appropriate letter template to affirm the conclusion of the agreement? I am endeavoring to return the car and also cancel the Direct Debit without having to make a final balloon payment, oh and also request the FOS ruling to be actioned with immediate effect or I will proceed to court. Letter received from Section 75 I am writing to confirm we have received the acceptance of the Finance Ombudsman Service ruling. This has been passed to the dealership on 11th August 2023, they will be in contact with you in due course to make arrangement for the necessary repair to be carried out. Once this has been action the remainder of the ruling will be actioned. Should you need any further assistance in the meantime please do not hesitate to contact me.

Noted!! Give it a week?

Never imagined how long winded and arduous this would be. OK so when should I begin the N233? what is an N233? is there a cost?

Hello, Further to the last correspondence, 4 weeks has now surpassed since agreeing to the conditions set via FOS. I've hear nothing from the finance company, therefore, returned back to FOS to make them aware. Here is the response that I have receive! Dear Ms I'm sorry to hear that you've not heard from Creation yet. I've just written to them asking them to contact you directly. It is worth noting that our service is unable to enforce a business to comply with the ombudsman's decision. But it does mean that you're able to enforce the decision through the court system. I'm not able to give advice on how to proceed with this, but you may find it helpful to speak to an independent organisation such as Citizen's Advice on how to move forward if Creation still don't respond to my reminder. Kind regards To be honest I am extremally worried to say the least, because if the finance company is not bound to comply with the argument set by FOS, then this leaves me still swing in the air waiting for my settlement. It also muddies the water when it comes down to the ending of the agreement, which will be early October 2023. Saying that, I thought the finance company was supposed to contact me 2 months before the agreement ends, to check whether I want to purchase the vehicle (balloon payment) or return it at the end of the contract. It's all just a mess, and I'm finding it difficult to ascertain mentally, especially as it looks as though I may need to settle down the court route. HELP!

Clear as day

Hi @theoldrouge Have had my head stuck in teacher training and uni work. I note your comments with thanks, I'll reluctantly accept the fix. Should I have the vehicle inspected before collection?

Hey guys, Further to the above, I went back to The ombudsman with the following: Thanks for coming back to me. I note that you have failed to clarify or answer my very simple questions and important concerns about the vehicle overall, yet state simply that they will repair the car. If they will be repairing the car correctly to put it into the condition it was before the failure, I will accept the decision presented to me. Today I received this reply: Because an ombudsman has sent their final decision on your complaint, I'm sorry that I can't add anything further to what he has already said. The ombudsman has directed Creation to repair the car, and if you accept the decision, this is what they would be expected to do because the decision would become binding on both parties. Please confirm by 13 July 2023 if you accept or reject the decision. The ombudsman has created a tricky situation in my opinion. Looks like I will have to bear further costs to have the vehicle inspected before and after it is fixed. Would love your thoughts, please. Thanks

Here's the response I received ......... I will take it that 'Creations' have to use their initiative to fix everything, putting me back in the same position as I was before the timing chain failure. Of course, it would be irresponsible for them not to address the state of the vehicle/worn condition internally and externally. See below: I'm replying on behalf of the ombudsman to your query about the decision that Andrew set to you. The ombudsman has directed Creation to fix the car - how they repair the car would be up to them to decide, but it would need to be fixed and a warranty put in place to cover the repairs undertaken. Please confirm if you'd like to accept the decision before 13 July 2023 and I'll arrange for the appropriate steps to be taken to bring a resolution to your complaint. Kind regards

@BankFodder Ok! I'll revert back to FOS. Thank you

@BankFodder noted with thanks. Should I also specify all damage which was caused due to the timing chain failure ie: The engine Plus parts associated to the engine (electrical/mechanical) /deterioration Who would be liable for the MOT immediately after the works are complete just to ensure that Its road worthy? Where do I sit in regard to ending the contract/informing them that I would not be purchasing the car at the end of the contract? I am very conscience of the time remaining, so I just want to start getting my head around things, although I am also aware that they may not proceed with the repair (due to cost) and may terminate. @theoldrouge I guess so however, I know I'm focusing on the contractual side of things. Thank you

@BankFodder thanks Hi Guys, It's been a while! After having to chase the FOS for a decision, i finally received the response yesterday. The outcome is positive however, i feel as though the ombudsman has been very vague in his resolution with regard to the car being fixed. "arrange for the failed timing chain to be repaired, at no cost to Ms O" The point above is where I feel the information is very vague, and could be taken from a literal point of view from the finance company. Due to the timing chain failing whilst the vehicle was in motion, it cause considerable dame to the engine, meaning a new engine is required. Furthermore, whilst the car has been sat for a matter of 18months or so, there would be deterioration parts connected to the engine...such as the water pump and cooling system/turbo ect as well as other associated parts of the vehicle mechanics/electricals, which would require fixing. Who would bare that cost? Pre and post inspection Mot...literally I cannot think of any more. The Ombudsman has not considered that I now own a car, which I had to buy due to the situation I was left in. So! should the vehicle be returned, I will then be the owner of 2 vehicles, 2 insurances....although insurance only for 4 months cover on the Land Rover, 2 lots of Road tax and 2 lots of resident parking permit....its all too much headache. With only 4 months remaining on the contract, I could receive the vehicle within a matter of week or months. This leaves me with issues and questions with regard to the terms of the contract/final balloon payment, especially where I only manged to use the car, 24 months out of a 48 month period. How does "reasonable condition" sit in all of this. I also noticed the contract mentioned - the final balloon payment if they haven't been informed otherwise. To me, the balloon payment should be null/invalid as the finance company failed to sell me a car that was to a satisfactory condition. Please note that I have interest in this vehicle, I have moved on from Land Rover and I really love the car that I am currently driving. Please do let me know If I am making logical sense because there are so many things running through my mind right now. I am also awaiting professional opinion in regards to the vehicle, from the independent engineer. Should I accept offer from FOS then submit a VT? Would really love some advice. Many thanks Complainant.Decision (1).docx.pdf

No worries, Just too many edits to do ...see re-attached Summary FOS (2).pdf

Hi there, Just wanted to update you all. Received a reply from FOS pre Christmas to conclude . What I do notice is that there is no mention of the contract agreement. The finance company had till this week to respond with any other evidence. They do not agree with FOS officers findings and so they have been given a further week. The doc was a few pages long but have summarised in the attached doc. Your thoughts would be great. Many thanks Summary FOS (1).pdf

Morning All, This is moving much faster than I thought, it's taken months sitting in the pile. Caseworker came back requesting additional info. I have additional questions regarding your complaint. Please will you provide me with a copy or photos of the car's full service history so I can verify it's been serviced in line with, or above, the manufacturer's recommendations; Creation have said it's most likely you would've heard changes to the engine running noise in the period leading up to the break down. Please will you let me have your comments, or any available evidence, regarding this. Can you please provide evidence of costs incurred as result of the break down, excluding the cost of the Elite report, so I can see how you've been financially impacted by the breakdown; Please provide me with any other comments or evidence you'd like me to take into account regarding the impacts of the breakdown. Honestly speaking from the minute the engine went on at the showroom, the first comment that came out of my mouth was that the engine was loud. Now I've always driven a petrol car, up until the day of purchase, I was driving a petrol vehicle. the engine has always been loud for me from the offset, I also have a slight hearing impediment (partially deaf from ears of Ear infections that resulted in an ear canal widening over 25 years ago at ENT Kings Cross). Please note that I am not claiming ignorance here, I honestly didn't notice. In regards to evidence for cost, is this where I bring in the second vehicle that I had to purchase alongside the insurance, and road tax costs? not really sure but I feel that this is my last opportunity to add anything relevant.

Good Mornng, So after a few months of waiting my case with FOS has now been allocated to a case worker. I have attached a copy of the email as I need some interpretation. I sent everything over, as previously advised. The only issue I see is his interpretation of the HP finance where the payment goes to paying off the vehicle which ends up being mine in the end, and PCP. I think I need help with a better explanation. I see that he is also confused in regard to the 2 reports on the vehicle, one was conducted by the finance company via Warranties 2000 and the other was conducted by an independent engineer which I was again advised to seek from the finance company if I want satisfied with the findings. The tone of the case worker does not seem promising, although I see I've done nothing wrong here in regard to the vehicle. Would love your thoughts and advice on responding back ss clearly as possible. Much thanks FOS (1).pdf

Hey DX 100UK Thanks for this. I've already started with the waffle lol, I'm never too sure what to write. I'm due the usb flash stick today so will copy all docs onto it. FYI I also had to purchase a little run around back in May, as it was too much relying on neighbours and friends to drop me to work/run my kids around. Should I also mention the purchase of the secondhand car?

Noted! Full steam with 2 pronged approach Thanks

Thanks both, I'm not there just yet, however the report is a positive sign though. I just wanted to ask some advice. In regards to the Finance company responding back to my email. What would you say is a reasonable amount of time, before lodging the complaint with the FOS? Since sending Creations the doc links, I've heard absolutely nothing, especially considering their last email communication before they received the findings stated I should jog onto the FOS if I am unhappy with their claim rejection.

Morning Guys, Just came to give you a little update on my case. Turns out the independent engineer deemed the vehicle as not fit for sale at the point of purchase. The service was only due every 21k miles and where i over compensated and serviced every year, is what prolonged the timing chain from failing earlier. The examiner was of the opinion that the timing chain for the vehicle is not a serviceable item and does not have a recommended interval for replacement. Simply put, it should last the lifetime of the vehicle. The vehicle manufacturer (Land Rover) have subsequently modified the upper timing chain kits for this vehicle engine three times since this vehicle was built, and modified the lower chain kits some six times. Clearly confirming that a manufacturing defect is present to the currently installed timing chains at the point of build. The vehicle clearly has a manufacturing defect and that this defect would have been present at the point of purchase. The examiner is of the opinion that the vehicle would therefore not have been of satisfactory quality and not fit for purpose at the point of sale in terms of Section 9 of the Consumer Rights Act 2015 and not of suitable quality and not fit for purpose at the point of purchase in terms of Section 10 of the Consumer Rights Act 2015. These findings have been submitted to the Finance company, even though they simply told me to sod off the to the FOS. However, I was advised to cover myself and to furnish the Finance company with the findings. Next step is FOS How this ends and how long it takes is another thing, however I have the expert information that I need I will update as soon as i have the final outcome.

Morning both Thank you for the clarification and update @theoldrouge . I've been behind the scenes looking for an independent engineer. Wasn't so easy tbh. I have one on the cards and another company who I want to use but they are away till Monday. I hope that by the end of next week I can instruct for the assessment to begin. I've been given a price if £750 so far. Can I check that this is a standard looking price for this sort of thing? Fyi to date the finance company still hadn't gotten back to me . Much thanks

@Dx100uk are you saying that all the paperwork should read as "PCP" on the header?

Hi There, Let me know what you think? Pcp, docu sign, signed agreement, reconstituted copy of notes. Doesn't really tell me anything, apart from confirmation of pcp. Would like some help in terms of how the body of my complaint to FOS should go. Thanks docs (1).pdf

OK bear with me, I'll get the docs over ASAP. In regards to the dealer asking for my physical presence to confirm identity, could I just send them my drivers licence?