Quick Car Credit/First Response Finance - faulty car .

[BankFodder]

Well I'm sorry to hear it. The car should have been returned immediately at that point. I'm surprised that you decided to keep on going with it and of course it's a shame you didn't find us.

I'm afraid that you have accepted all that lot and you won't be able to recover any car hire.

You will only be able to recover the expenses incurred if they failed to recover the car and you are obliged to incur expenses to keep it legal for to keep it stored et cetera and there's expenses will start to accrue at the expiry of your letter of claim notice.

Strictly speaking you could claim that expenses from the moment you stopped driving it – but for a quiet life – will start calculating from 14 days time.

[BankFodder]

Where are you surprised at the dealership said this? Do you think they had your interest in mind at all?

A bit too trusting I think.

[BankFodder]

So, list of losses please

[BankFodder]

Oh yes – this is hire purchase which means that you haven't paid the whole price.

This means that you won't need to bring a claim for £6000.
Need to bring a claim for the amount of money paid which we very much cheaper.

So what date did the car become undriveable?

It also seems to me that once you issue the claim, you could reasonably stop making the repayments – although you need to realise that they may then go into debt recovery mode, issuer default, smash up your credit file and start instructing debt collectors.
Also, in the unlikely event that you lost the case you would then have to make up all the payments so I would suggest that if you did stop making the payments, you should put the money safely into a savings account somewhere rather than spend it.

[BankFodder]

£2486 is presumably the money that you have paid so far in repayments.

We will have to calculate a proportion of that which represents the 6000 miles used you have enjoyed so far.

If my earlier calculation is right that you have used about 7 to 10% of your expected gain from owning the car, then it would be reasonable to deduct £250 from that total and claim the balance of about £2250 plus any additional expenses occurred starting in 14 days time.

Does this make sense?

On the basis that your claim will come to about £2500, your claim fee would be £115 and the hearing fee would be £170. A much more manageable sum than suing for £6000.

[BankFodder]

Maybe you should write them a letter

 

Quote

Dear Sir/Mdm

You have not responded to my letter of claim dated XXX therefore the clock is ticking and I shall be issuing proceedings against you on XXX date unless you cancel the agreement, make arrangements to recover the vehicle and reimburse me on a pro rata basis to be agreed between us.

In order to settle as much as possible of this dispute before I issue proceedings, even if you do not want to admit liability, I suggest that you let me know what you consider would be a reasonable calculation of a pro rata reduction.

This would mean that when the matter goes to litigation, there will be less to argue about with the commensurate saving in time inconvenience to both of us and also to the court.

At the moment, I calculate that I have paid you £XXX for about seven months ownership of the vehicle – and during which I have clocked up about 6000 miles.

I shall be basing the value of my claim on about 90% of that on the basis that 6000 miles is probably about 10% of what I would reasonably expect to be using of the car before I sold it on.

Of course at the end of this. I would expect to resell the vehicle to recover some of the value. However, during the period of ownership I would also expect to spend money on maintenance and so I'm proposing to set-off maintenance costs against the eventual resale value so that this produces a zero balance.

In addition to the County Court claim that I shall be making on XXX date, I should warn you that I shall be obliged to hire a vehicle and if you have not settled the matter, then I shall add the cost of hire to my claim which will accrue until the date of judgement.

In addition, as you must appreciate I will be claiming interest under the County Court site which is currently calculated at 8%.

As I pointed out, I'm inviting you to make your comments on my pro rata calculation and I accept that you might prefer to make these comments without any admission of liability. That's fine. However, it will not be without prejudice because I shall be showing this letter to the court and any response that you might make.

I'm anxious to show the court that I have tried my level best to have a sensible and adult discussion with you and I invite you to join me in this.

Yours faithfully

 

 

 

If you are happy with this then send it. If you want to make any comments or modifications then let us know.

Also, I think it's almost beyond doubt that you will have to issue the court papers. Have you registered on the County Court money claim website? Are you familiar with the steps necessary to bring a County Court claim?

[BankFodder]

I'm afraid that is something that you will need to work out for yourself which is why it needs to be done in advance so that you are fully prepared.

You can save your work as you go. Make sure that you identify the name of the finance company correctly. You will have to look at their official website and find out what the registered name is and also their registered address.

You can get most of it done and we will help you with the particulars of claim

[BankFodder]

Use the finance figure but then go on to point out that you are still calculating other and silly losses such as pro data tax and insurance etc

[BankFodder]

Well they had better hurry.

[BankFodder]

Well they are wrong. Did you record the call? Did you find out who you spoke to? Did they happen to suggest anything such as repairs et cetera?

They should be putting these kinds of thing in writing.

I suggest that you write to them immediately, refer to the call – time and date – and what was said and tell them that you want this response put in writing.

Tell them also that the clock is still ticking on the letter of claim.

[BankFodder]

Are you recording your calls? Have you read our customer services guide?

[BankFodder]

4 minutes ago, Lil Worthy92 said:

No as im not sure how to and I clicked on the link but nothing comes up 

Well it works for me

[BankFodder]

Well you have sent your letter of claim. They are being completely uncooperative and unhelpful and so you have set your deadline and you will have to issue the claim you want to make any headway.

If you don't issue the claim then I don't really see a way forward.

Have you registered with the County Court's money claim website yet? Have you started to prepare?

If I haven't suggested it already, I suggest that you send First Response a subject access request.

[BankFodder]

Don't send anything off yet. Simply prepare everything and we will have to draft the particulars of claim together.

Let's make sure we have all our ducks in a row before we start clicking things off

[BankFodder]

Yes send the SAR off straightaway. You should be using our template so that is nicely widely worded and takes everything