Good morning, I received couple more letters from DCBL. Assume safe to ignore? Thanks 247_Payment_line_01302_897022.pdf

Thank you. I will add the above and have it sent out. Do you think I should call the finance company and ask them that they are receiving my emails and to get an update of what is happening? Thanks

Good morning, Apologies I couldn't reply back last night as went into work. That's ok, I appreciate your help. I should have mentioned all in first post. It's my own fault. Ok, so it makes complete sense now that Black Horse are the dealers in this instance. It seems that all my agreements that I had signed is with Black Horse. Since sending out emails and initially talking with finance company over the phone, I haven't been contacted by finance company at all since. I am not receiving any replies through the emails that I sent either. Would it be correct choice to give them a call on Monday and ask what is happening? Would it help if I scanned all agreements that I have with finance company and BMW? I am happy to scan all documents that I hold and post them up here. Does below sound ok to send both to finance company and BMW? To loan company: Dear Sir/Mdm This is to confirm that vehicle registration number RF16 TYV has now been collected by Big Motoring World. I am no longer in the possession of the vehicle and I am no longer the owner. I would like to remind you that as I already asserted my rights under the consumer rights act and the Big Motoring World have now received the car because of the defects, it is your responsibility, the loan company as effective owners of the vehicle to sort out a complete reimbursement of all money paid and any ancillary losses. Many thanks To BMW: Dear Sir/Mdm I would like to inform you as I will not be signing the proposed agreement. The right to reject in the Consumers Rights Act is unconditional – any in any event the 14 day cooling off period which relates to finance agreements is also unconditional. Many thanks

I paid 3000 deposit (2800 + 200 buyers fees cover by my debit card). The car was purchased on Hire Purchase. I can only see the attached on agreement files that state something about 14 day period. I am unsure if that is what you are asking. Your right to withdraw.pdf

Very nice layout and explanations. I agree with your logic. Car is with BMW. I assume at their garage. I have called them Friday and said they would call me back. I then received the email with settlement agreement. I lost really my insurance premium as I cancelled, but I’m willing to write that off to make it easier? What shall I be doing now?

Whoops, I'm very sorry! 1Settlement_Agreement.pdf

Hi there, I have received the settlement agreement from BMW. Can you please help me look into if this sounds ok to sign? There are few things that I am not really happy about. PARTIES Point (1) - My name was spelled incorrectly. Point (B) - It does not state of me reporting an issue with the turbo that has failed. Point 1.4 - I do not understand what this is about? The vehicle has been collected and V5 + keys left inside + 1 key with the recovery truck driver. If there is anything that could be advised, can you please let me know? Thank you!!

Thank you I am onto DVLA to see what they advise me. How would I know to whom do I need to transfer the registration to though?

I did, but I didn’t have a chance to call them until today. DVLA told me that I would need to keep a whole V5 document and only hand the part 4 of the document where I am selling or trading with motor trader. The V5 was already with the car on collection prior to this conversation that we had

Thank you. I will write the letter once I get home from work today. DX - I unfortunately gave the whole V5 log book along with both keys

Morning, hope weekend was nice! I just had a reply back from BMW. What would be wise next step to do as per below email? I have left both car keys and V5 documents in the car. Not sure why they are asking for them. “Good Morning, Thank you for your patience whilst we have been looking into this for you. I can confirm the finance company have accepted a return of advance of your finance therefore we would look to accept rejection of your vehicle, we would request that a settlement agreement is signed prior to the refund being processed. Can you please confirm where all of the documentation is for the vehicle this will include the logbook and any additional keys you have for the vehicle? Kind Regards”

Ok. How would I go about divesting myself from the ownership with DVLA? Is the below ok to send to finance company? Dear Sir/Mdm This is to confirm that vehicle registration number ......has now been collected by Big Motoring World. I am no longer in the possession of the vehicle and I am no longer the owner. DVLA have been informed. I request for the finance reimbursement to be followed through. I have already filed a complaint on this matter and the time is already running for the matter to be referred to the financial ombudsman service. As you know you have a duty under COBS - conduct of business regulations to treat me fairly and so far I haven't noticed that you complied with this statutory duty. Best wishes

Hi, Just an update that the vehicle has been collected last night on the trailer. I got all pictures before and whilst it was on the trailer. Handed both keys over and the V5 document. Awaiting to hear what they have to say now. Thanks!

Thank you. Makes perfect sense. I had just taken the pictures and video of the car inside/out and will take some more when its on the recovery truck. I will hand them over both car keys that came when I purchased along with the V5 log book. I won't sign anything if they ask me. Just quick one - I had initially purchased GAP insurance alongside the car. It says on the paper I have 30 days to cancel it. I assume I need to get this done, or will this be part of the finance step as it is them who issued the finance for it. Thanks BankFodder, your help means a lot! I do very much appreciate it!

Hi, just giving update. I received below email from BMW this morning. I had a phone call from them and been advised that car will be collected today on recovery truck. I am awaiting for them to get in touch with me to arrange this. What can I do to protect myself in regards to the collection to ensure that vehicle is as they taking it away? Do I take pictures of the inside/outside once the vehicle is on the recovery truck? Milage etc? Anything I am missing here? What do they mean in below email regards to subject to signing of settlement agreement and removal of any negative postings online? Thanks "Good Morning, Thankyou for getting back to me and confirming. I've forwarded your information across to the warranty company and they should be in touch with you shortly to organise for the recovery of the vehicle to us. As noted in my previous email, the rejection of the vehicle will be subject to an inspection confirming the concern raised. Furthermore, it will also be subject to the signing of a settlement agreement and removal of any negative postings online. Once these elements have been confirmed, we will be able to proceed accordingly."

Well they have the formal phone complaint logged which is good. I have tried couple different apps, but it seems that apple is blocking the recordings and I am unable to make recordings.

Thank you ever so much. I will keep updating as we go along I hope this works out all well! Just FYI - I have only had option to update Black Horse via their portal, but once I did and no reference has been given. I have just called them to check if they can see on their system, and apparently they don't. I have just forwarded all the emails I have sent to them via email so now I have proof.

Thanks BankFodder I will get onto this right now. Just one more question - I have paid 3000 deposit by my debit card to BMW. Total car of cost was 18,000 - 3000 deposit = 15000 with the finance company. I hope I will not lose deposit money?

Hi BankFodder, Hoping you had a great weekend. I have sent them the email as suggested above, and just received below email from them. Should I agree for the warranty company to collect the car and give them all the requested documents et cetera? Should I be taking the pictures of the vehicle and videos etc of the faults in case they play a game with me? Will they try to down value from my payments that I made due to milage that I clocked up already (around 850 miles). Should I mention to him that the after sales team is where I was told that my vehicle could not be rejected? Thanks "Good Afternoon, Thankyou for getting in contact with us, and for providing the additional details in your prior emails. I cannot see anything stating previously that your right to reject the vehicle is voided and not something that we would look into. I can assure you that we are more than happy to assist with moving forward on that front. The eventual outcome and agreement to accept the rejection will of course be subject to an inspection confirming the noted concerns/faults. To move forward from the current position, we would need to organise for the vehicle to be recovered to our Snodland Service Center from yourself. Can you please confirm you are happy for me to forward your details across to our Warranty Company to liaise with you directly to organise this aspect? When the vehicle is recovered, we would require for all relevant paperwork to be sent along with the car, most importantly any spare keys, SD Cards and the V5 document. These can be left in the glovebox of the vehicle when it is recovered. Please let me know if you're happy for me to forward your information across, and we can organise the next steps accordingly. Kind Regards"

Hi, I have just received an email from BMW. I am unsure if I should be replying to this email. It sounds like they want to go into route of repairs, they should see the problems logged on the system either way. Can you please advise my course of action? Thanks "Good Morning, Thank you for contacting us and I am sorry to hear that you are not satisfied with the vehicle. Could you please advise what the fault with the vehicle is that you are experiencing and if you have had a diagnosis report carried out?"

Thank you ever so much! Both letters sent to both companies. I will keep you updated on the outcome.

I am sorry if I am still not understanding this correctly. Forgive me as I have never been in such situation prior. Please see if this sounds ok to send to both companies? Ok, so to BMW, and below to Black Horse. To Black Horse

Ok, my apologies for my misunderstanding. I want to send the letter to both BMW and Black Horse Finance. Should I only send such as you posted in post #3? Or also add the extra bits which you made in post #6 too?

I guessed so. I just tried on couple different numbers and it did not record... Do you mind just having a look at what you typed out and I just added few things at the bottom that you said. Does that sound ok to send over to both BMW and Black Horse? Thanks, I really appreciate you helping me here!! Dear Sir/Mdm I insist that this is a formal complain to the financial ombudsman. As you know on 1 June 2021 you sold me an Audi registration number RF16 TYV. By 7 June the vehicle had started to demonstrate serious defects and in fact I have now been told that I should not drive it. I have decided that I have lost confidence in the vehicle and I'm hereby rejecting it under the Consumer Rights Act and I require you to help me arrange a complete refund of money that I have spent including revocation of the finance agreement with Black Horse Trading. I would point out that I have already attempted to inform your after sales team about this issue and also have attempted to reject the vehicle. I was astonished to be told by the Big Motoring World team that it was not possible to reject the vehicle and that you don't offer that option. We all know that this is a breach of your statutory obligations. The vehicle is rejected and I require you to make arrangements to collect it and as I have said, reimburse all expenditures and to deal with the finance company to cancel the finance agreement. I'm sending a copy of this letter to the finance company. If you have already started make any arrangement to carry out warranty repairs et cetera then I advise you to stop because I will not be proceeding with this purchase. If you force me to go to court about this then I'm more than happy and the court will draw its own conclusions about your attempts on the telephone to mislead me into believing that I had no statutory rights in the matter. I would also like to point out that since the defect has occurred within the first 30 days, my presumption is that it was always there and that the car is rejected and I won’t stand for any excuses. As discussed over the phone on 11 June, we agreed that appointment is booked for authorized Audi garage at 8:30am on 17 June. You can certainly take the car away on the recovery vehicle, but I would like you to understand that when you do take the car, it will not be coming back. It will not be accepted back. I will cancel all insurance and I also want to revoke my ownership and if you do try to return it to me it will be an uninsured vehicle. I want you to also understand that all of this is done on the basis of my statutory rights and that I am not interested in the warranty which is part of the contract and I am rejecting the contract. Yours faithfully

Ok, I got the app for recording and just raised this officially with black horse, but for some reason it did not record. They told me this is now raised and they are dealing with BMW directly and I should hear response back next week. I have pointed out all the statements that you advised. I guess, for my own protection I will type this out to them directly via email so I have this as proof. If you don't mind I will post this just to review. Thanks