Quick Car Credit/First Response Finance - faulty car .

[dx100uk]

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[Lil Worthy92]

Thank you I will remember that 

[BankFodder]

I suggest that you send a copy to First Response. Ask them if they are now going to accept that the car is not of satisfactory quality and organise its collection and your reimbursement with the appropriate pro rata deduction.

Tell them that if they refuse then they should treat this letter as your letter of claim and that you will be starting a County Court action after 14 days and without any further notice.

You need to make sure that you understand the steps in taking this action.

Also, you should be aware of the fees that you will have to pay because you say that you are extremely short of money but am afraid that to bring the action there are some basic fees to be met which you will get back if you win.

I estimate the your chances of winning are extremely high – better than 90%.

I can imagine that once they realise that you are serious and you have begun a legal action, that they will put their hands up and try to sort something out as a gesture of goodwill. However this is not guaranteed and you should every decision should be taken on the basis that this will end up as a contested hearing in court

[Lil Worthy92]

Is there a template I could use please 

[BankFodder]

Quote

I have now had the vehicle examined by XXX garage who carried out a thorough and detailed investigation.

I attach a copy of the report to this email.

It is clear that the car has serious faults and in fact the garage has suggested that it may even be an economic write off in view of the likely cost of repairs.

Clearly the vehicle is not a satisfactory quality and as such it has been some to me in breach of the requirements of the consumer rights act.

Please let me know what arrangements you propose to make to recover the vehicle and to make a pro rata reimbursement of the price of the vehicle. I will of course need to understand the basis on which you calculate the reimbursement.

If you will not recover the vehicle and reimburse me as requested above then please take this letter as my letter of claim and formal notice to you that I shall begin an action in the County Court at the end of 14 days and without any further notice

 

[BankFodder]

I'm afraid that the court fees for a claim of this value are £455 – claim fee.

If it goes to a hearing then there is a further £335.

These costs are recoverable in the event that you win.

It is entirely possible that First Response decide to test your resolve by seeing whether you are prepared to invest the money in issuing the claim.

Where is the car now?

If it is returned to you, do you have offstreet storage?

[Lil Worthy92]

It's still at the garage and I don't only have on street parking 

[BankFodder]

I suppose that the garage are going to put under pressure to remove it.

Can you tell me what expenses you incurred so far in relation to this vehicle since you purchased it.

[Lil Worthy92]

At this moment in time it's the cost of the finance at £218 and now the bill for the garage which stands at £50 at the moment 

[BankFodder]

What about tax and insurance?

Also, how did the car get to the garage?

[Lil Worthy92]

Rac recovery which is £22 a month and insurance is £84 a month and tax is £3 a month 

[Lil Worthy92]

Oh  £34 a month for GAP insurance on the car aswel 

[BankFodder]

Well I think that if it isn't sorted by your 14 day deadline, then we will start adding these extra sums as heads of damage as well.

Let's see if you get a response from them today or tomorrow and then we will give them notice about these forthcoming charges.

If the car has to be brought back to you, you won't be able to drive it back so it will have to be transported and I expect there will be a fee for that. We better see what that is going to be and am afraid that you will have to pay it and we will put First Response on notice in advance.

We will also offer an opportunity to First Response to carry out the recovery themselves directly from the garage so they don't incur extra costs.

It's important to let them know at every step of the way – and in advance – what charges might be incurred and which you will eventually be claiming back from them.

Also, we will claim interest on the refund and all other expenses which is currently awarded at 8% per annum.

What we will have to understand is what would be a reasonable pro rata deduction. If the insurer agrees to give you refund, then you can be certain that they will try to shake you down on the amount of money they are offering back. We will have to get ready for that as well.

I think it would be worth your while looking around the Internet, see what the life expectancy of these cars are in terms of mileage and then we will have to try and calculate what percentage of your £6000 purchase price you have actually used up.

For instance, if you expected to have the car for six years at say, 12,000 miles per year – and you have done 6000 miles, then you have had about 7% of the value of your car. Of course at the end of that they would still be a resale value – but on the other hand you would probably have incurred servicing/repair costs so maybe we could say that your maintenance costs would equal the resale value – which might have been £2500. So is a rough guess it might be reasonable to think that your reimbursement should be about 90% of your purchase price.

In other words about £5400 plus the cost which you will have incurred commencing the end of the 14 day notice period.

Does this make sense? I'm doing these calculations on the fly.

You can be certain that First Response will have a completely different figure in mind and it wouldn't surprise me if they offered you £4000 – which of course you will refuse.

We'll see

 

[Lil Worthy92]

I also had to have a hire car at the start of my purchase of the car as it had to go back to quick car credit which cost me £110 for a week and now I've had to get another hire car out down to this issue with the car aswel as cost of £50 

[BankFodder]

Why did it have to go back to them at the start of the purchase? He didn't tell us anything about this.

If you have had to hire a car then at the end of 14 days we will start adding that to the bill.

Maybe you could list all of these things in one posts because at the moment they're being fed through in dribs and drabs and it is not helpful.

We are only concerned about expenses which will be incurred at the end of the 14 day deadline. This means that where there has been a sum of money already paid for the year, you should divide it into weeks and start adding it a week at a time to the money the you will claim. In other words, you are making pro rata calculations

 

[Lil Worthy92]

Basically about a week after I got the car it had water inside the footwells 

Springs had gone on it aswel as tracking rod 

It also had a recall on the car for software issues relating to the computer control clutch as the clutch plates would burn out quick I had that done and I had to take it back after the health check from ford garage they found it needed a new coolant bottle as the one was cracked the brakes fluid needed doing as it was red in colour. I was also told by the ford dealership that the two back tyres would also need replacing soon, this was only after me having the car for a couple of weeks.

[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.

[Lil Worthy92]

I know I just wish now that I rejected the car but the dealership kept going on at me about keeping the car and I would only have to have it for 2 year then I could part exchange etc 

[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.

[Lil Worthy92]

Yes I am I know it was my first finance car no never experienced anything like this before 

[BankFodder]

So, list of losses please

[Lil Worthy92]

So far I have finance at £218.41 a month

Insurance £83.10 a month 

£36.84 GAP insurance 

£2.62 a month road tax 

£50 hire car for 7 days 

£110 hire car for 7 days at the start 

£200 by bank for deposit 

As they have my other car for £200 as exchange 

[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.

[Lil Worthy92]

The car became undriverable on the 22rd june 2021

altogether ive lost out on £2,486.65 

[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.