Quick Car Credit/First Response Finance - faulty car .

[Lil Worthy92]

Yes been doing some digging online one site I found says you shouldn't buy these car as they get these issues and the amount of recalls on these cars and I also looked it says the pressure pump just got around 65,000 miles or after 

[dx100uk]

worthy of a read..

this thread is now resulted...a win

 

 

[Lil Worthy92]

Should I be worried I've not heard from first response yet? 

[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?

[Lil Worthy92]

I've registered on that site but I don't know the steps 

[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

[Lil Worthy92]

Okay thank you ill do my research tonight 

[Lil Worthy92]

On the letter shall I put the amount I worked out with road tax and insurance etc or shall I just put what I've spent on finance 

[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

[Lil Worthy92]

Okay thank you 

[dx100uk]

pro rata tax refund

[Lil Worthy92]

3 hours ago, BankFodder said:

Dear Sir/Mdm

You have not responded to my letter of claim dated 28th june 2021 therefore the clock is ticking and I shall be issuing proceedings against you on 13th july 2021 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 £1,528.87 for about seven months ownership of the vehicle – and during which I have clocked up about 6000 miles.

I would like to make you aware these figures will change after the 14 days to include my calculate of pro rata tax refund and insurance as any change of the finance payments 

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 13th july 2021, 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

I did add abit in how does this look please 

[Lil Worthy92]

Spoke to first response they haven't looked at the report from the garage earliest they are planning on looking at it is tomorrow 

[BankFodder]

Well they had better hurry.

[Lil Worthy92]

I told them I need them to hurry and look at it as its sat at the garage still and I want to know the steps they are going to take to come and get it 

[Lil Worthy92]

They phoned me and told me apparently because I've done 6000 miles on its not a breach of my consumers rights and they won't let me out my finance 

[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.

[Lil Worthy92]

No yes it was the person who was dealing with my complaint and they are offering the drivers assistance scheme to me which they loan me 75% off the repairs and I have to come up with the other 25% they won't accept that they are the owners of the vehicle until final payment is made they was saying because im on the logbook as the registered keeper. They spoke to the garage and they told them it's a common fault and it could of happened at any point . They are sending it me in writing and told them time is ticking and they just said okay if you want to go that way 

[BankFodder]

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

[Lil Worthy92]

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

[Lil Worthy92]

No wasn't sure how now ive read it I've downloaded the app and going to start using it if they call it again. I do have call logs of times and dated they called 

[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

[Lil Worthy92]

1 minute ago, BankFodder said:

Well it works for me

It has worked now and I've downloaded the app now. What do I do now? 

[Lil Worthy92]

What shall I do now? this is really stressing me out. They won't accept it and its still stuck on the garage court

[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.