WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[Giraffegirl13]

Help please!

 

Car bought from dealership end of April (2010 plate, but <50k miles), bought on finance. New service & MOT(!).

Within 5 months the clutch became faulty, rear diff went and oil leak found.

Rear diff fixed on my dime, clutch left for the moment as still drivable.

Upon research clutch was found to have been looked into for this vehicle a year ago (to me this seems like someone knew it was worn), there is also a random unknown "metal clip" on the engine, no one knows what it is / what it does, and no one wants to touch it! 

Now another month on the car overheated, poss head gasket or possibly even new engine (written off as more than car is now worth going on it!). 

 

I haven't even paid the car off, I've had it 6mths and spent £1000's on what feels like a dud and the worst luck in the world.

 

I feel like somehow the dealership should be responsible for some of this, but upon originally asking about the clutch they didn't care, and a display blamed me. 

 

Any words of wisdom?

Good solicitors that might work no win / no fee? 

 

I'm honestly at a loss what to do,

 

[dx100uk]

not your car not your problem.

 

it belongs to the finance company (who is?)

 

and why have you paid ANYTHING to keep the car on the road? legally you are only responsible for day to day maintenance like fluid levels etc...

 

you would not get in a taxi to go to the airport and be expected to pay for the hired taxi if it broke down with you in it would you?

so WHY have you paid a penny to repair this car if it was purchased under HP in APRIL???..............

 

and who was the wonderful dealership that are giving you the run around?

 

22 minutes ago, Giraffegirl13 said:

and a display blamed me. 

sorry?

 

dx

 

 

 

[Giraffegirl13]

Mountbatten in south glos.

i thought as it was on finance it was a loan and I own the car? I'll be contacting them today.

[BankFodder]

Whether it is simply a loan or hire purchase, you are protected and and if the dealer will not respect their obligations then the finance company can be made to do so instead.

 

There is absolutely no need for you to spend any of your own money on a car which has been bought through some kind of finance this early on in your ownership

 

 

Start off by telling us the name of the dealer and then also find out whether you have simply had a loan or whether you have purchased the vehicle on hire purchase.

 

Also tell us something about the vehicle. Age, mileage, amount paid.

 

Also tell us what has gone wrong and what you have paid to have it repaired and what other things are still outstanding to be done

 

[Giraffegirl13]

Kia Sorento, 2010 plate bought with about 43k miles on the clock.

now has just over 50k miles.

£10k bought on finance (so end cost about £11k), about £7500 left to pay(!).

 

Rear diff went about a month ago,

new axle bought (rough cost about £1000 all in).

Clutch at this time also found to be faulty, but drivable, and a bad oil leak (but been keeping an eye and topping up until I deemed it necessary to change clutch).

 

Over the weekend it suddenly overheated (no warnings came up!), and had to be recovered and towed home.

Poss head gasket / cylinder, poss whole engine. Radiator now HUGE leaking.

 

Dealership is Mountbatten (south glos), finance through Close Brothers.

Bought on HP, paying £180 a month.

 

Thanks for the replies

- honestly I'm on the verge of having a mental break down over this >.<

[BankFodder]

Firstly you should understand that the finance company are completely liable.

 

Close brothers have a difficult reputation and so you will need to be aggressive about it and persistent.

One complication is that you have already spent money on repairs without referring to the finance company.

They will try to use this as a basis for refusing to reimburse you the money which you have paid out so far.

You may not get all of your money back but you should get some of it.

 

It would be helpful if you could give a tabulated list of defects which you have addressed so far and including the amount of money spent for each one.

 

And then a separate tabulated list outlining the defects remaining and what the likely cost of addressing those is going to be.

 

You will probably have to commission a report about the condition of the car. That will incur a fee which you will have to pay but you should eventually be reimbursed by the finance company.

 

As well as posting the list of defects and expenses here you should write to the finance company immediately and put them on notice that the car has suffered a number of serious defects.

 

Explain to the finance company that because you did not know your rights you have spent some of your own money repairing the defects but there are still many defects remaining.

 

You are now putting the finance company on notice that you will be looking to them for reimbursement of the money laid out so far and also for them to to take over their obligations in respect of the outstanding defects.

 

Tell them that they are welcome to arrange an inspection of the vehicle if they want.

 

Post a draft of the letter here

 

 

 

 

 

 

 

 

 

 

 

[Giraffegirl13]

Ok thanks - I've just messaged them this morning outlining the issues and asking what they can do to help.

 

Here's the issues so far:

Rear diff went and new axle (£1148.10. Work done but not yet paid).

New clutch needed (quote £1588.25).

New oil seal (should be done same time as clutch, not sure on extra cost).

NOW we have a possible head gasket / cylinder gone (approx £2000) or even new engine needed (approx £4000).

Plus a new radiator needed (?)

 

 

I just don't know what to ask / how to word it. They're really difficult to get hold of. Shall I wait for a reply to my first message, or send another a bit more forceful?

[dx100uk]

close brother are as useless as moneybarn and make up their own rules if they can get away with it.

though sometimes they are very good.

 

pers id tell them you wish to reject the car totally under your consumer rights 

though how you are going to get all your money paid and spent on repairs is an interesting matter going forward.

 

dx

 

[Giraffegirl13]

I can try that

- what happens about the ongoing loan agreement and money etc?

If I reject the car does that cancel?

I'd be happy with even 50% back of what I've paid.

i just wanna give up and buy another car now >.<
 

Do I need to contact insurance company and ask about writing it off?

 

Can't even / don't even know what to do in the meantime waiting - I have no vehicle and can't work >.< 

 

I don't really want to rush into buying another car getting into ANOTHER finance deal Without knowing what's happening here... I'm in limbo >.< 

[BankFodder]

First of all the costings which you have given are not in what I would call a tabulated form.

We really like it listed out please so that we don't have to try and work it out as we go through.

You will have to do this anyway if it goes to court or even if you go to the ombudsman. You might as well do it now. I suggest do it in a spreadsheet or at least in a spreadsheet format.

Secondly, you came here and asked to help and you have then gone ahead and started messaging the finance company of your own bat. This is not a good idea.
If you want to go it alone then fair enough but there is no point in asking us for help.

Asking the finance company – "what they can do to help" is scarcely assertive and you become the supplicant. I think you better start dealing with your mindset if you are going to take them on.
Once again as I suggested earlier please draft a letter to them and post it here and my strong advice is to refer here before you make any contacts or you respond to any messages from them.

Have you got any written assessments or written quotations for the work you have had carried out?
Have you had any written quotations or any written assessments for the existing faults?

I have to differ slightly from the advice given by my site team colleague above. I'm afraid that you don't have an automatic right of return of this vehicle because you are beyond the six months during which you were obliged to give them at least one opportunity to repair the vehicle before rejecting it.
Although the defects may well have manifested themselves in the first six months, and although you may well have brought it to the attention of the finance company within the first six months, you haven't actually asserted your rights under the Consumer Rights Act.

We now have to deal with this is if it is a straight ordinary contract and we have to decide whether the contract has been breach to the extent that you have been deprived of effectively the entire value of the contract or whether in fact the defects/the breaches can be remedied and that that will be a sufficient solution.

 

[Giraffegirl13]

Sorry I don't know what I'm doing and panicking.

 

Rear diff: £1148.10. Work done but not yet paid.

Clutch: £1588.25 quote.

Head gasket / cylinder: ~£2000 (no formal quote).

New engine: ~£4000 (no formal quote).

 

 

 

[BankFodder]

Ok, not really what we want but still ......

 

But you haven't told us what work of your list has actually been carried out and which has yet to be carried out.

You seem to be suggesting that some work has been done but not yet paid for. You need to explain.

It would be helpful if you could simply laid all out and so we didn't have to cross-examine you.

Also have you started preparing your letter to the finance company?

 

 

 

 

[Giraffegirl13]

The rear diff work has been done and invoiced, but I haven't yet paid for it as I was fighting the dealership for the money (and my garage is really good).

Nothing else has yet been done.

 

I will draft a letter now and post here.

I do have some invoices & quotes I can attach, but nothing yet for the most recent gasket / engine issue (I am waiting on these).

Thanks 

[BankFodder]

There seems to be some duplication because you referred to a new clutch and also to head gasket and cylinder but then also to a new engine.

 

Although the clutch may not be included in the engine the head gasket / cylinder certainly is.

You need to explain to us what is happening here.

[Giraffegirl13]

The clutch was going already (over a month ago), but drivable and have been driving without too much issue (also with an oil leak).

At the weekend the car overheated, and I had to be towed home (so another issue).

 

Mechanics have looked at the car and aren't 100% sure if the gasket & cylinder (approx £2000) will totally fix the problem, or the whole engine might need replacing (approx £4000).

 

To explore and know 100% they'd have to life the engine hood and have a look, which in itself would be about £1000 job (labour) to do and diagnose 100%.

 

Obviously within reason the clutch is now a non-entity, but that was the original issue I was fighting for with the dealership, as it was looked into a year ago (which to me is suspicious).

 

I don't know why the engine suddenly went, as there was NO warning, or temp warning come up.

I'd be happy with giving the car back and them just stopping my finance, and a few £1000 refund for the stress.

 

"""

To Close Brothers.

I recently (30th April 2022), bought a car (........) from Mountbatten dealership, with your finance (agreement ......).

Within the first 5 months it was found to have a faulty clutch and oil leak, which I informed the dealership about, and then the rear diff went (£1148.10).

 

The clutch wasn't worn enough to yet be repaired, although was imminent (quote £1588.25).

 

I didn't understand my rights and didn't realise I had to inform you of any issues / repairs needing to be done at this point.

 

Last week (30th October), the car overheated and had to be towed home. Mechanics have looked at the car, which now has a leaking radiator, and are not 100% sure whether is it just the gasket / cylinder (approx £2000 repairs), or the whole engine that might need replacing (approx £4000 repairs).

 

In 6 months I feel that this car should not have had this many issues, and is of unsatisfactory quality.

 

I am therefore invoking my consumer rights and wish to "return" the car to your ownership to be sorted, and all future finance payments stopped, with my deposit £3000) to be returned to me.

 

This is my livelihood and the cost and stress of having this vehicle has been incomprehensible."""

 

How does this sound?

[BankFodder]

Stand by for a reply tomorrow

What made you think that the faulty clutch was not yet sufficiently worn out to need replacing?

[dx100uk]

this lot

 

Used cars for sale in South Gloucestershire | Mountbatten Car Sales

WWW.MOUNTBATTENCARSALES.CO.UK

---

Used cars for sale in South Gloucestershire: Mountbatten Car Sales Competitive finance deals, part exchanges welcome, call now!

 dont worry about ins . 

panicking and sending that (if you did? to the legal owner of the vehicle - close brothers) is weak and doing you no favours.

 

can i confirm you replaced the rear diff yourself within the 6mts? but have yet to settled any bills for that work?
 

 

 

dx

[Giraffegirl13]

Yes that's them.

 

And yes, replaced but not paid.

 

Won't send / reply anything else unless it's checked here first 🫣

[dx100uk]

good

pers my view...

 

you have evidence by the simple fact that you had to get/keep the car on the road by replacing the rear diff etc is enough evidence for close brothers that the 6mts had not expired, and that serves as a report to that stage, the rest you need to get a report on, which you seem to have already?

 

you done +7k miles , they could pull the wear and tear excuse here.

 

 

[BankFodder]

11 hours ago, BankFodder said:

 

What made you think that the faulty clutch was not yet sufficiently worn out to need replacing?

Please respond to this.

 

I am assuming that your repairers are not the same as your supplier

[Giraffegirl13]

Mechanic said it was fine for the time being.

my local garage is not the dealership.

 

Clutch pedal sticky, otherwise gears all working ok.

[BankFodder]

Please have a look at this.

Is it correct and does it represent the situation correctly?

 

  

Quote

As you know,  on 30^th April 2022 I bought a car (....) from Mountbatten dealership, with your hire purchase agreement  no.......

I paid £XXX for the car.

 

The car has demonstrated a series of serious faults and it is clearly not a satisfactory quality given its age, price mileage and general condition.

Within the first 5 months it was found to have a faulty clutch and oil leak, which I informed the dealership about.

The dealership refused to accept any responsibility and told me that it had nothing to do with them and that the responsibility lay with yourselves.

The clutch has not yet been repaired but I have been told that the work required will cost about £1,588.

I am including a copy of the quotation with this letter.

Soon afterwards, the differential unit failed and had to be replaced in order to keep the vehicle on the road.

As I was not fully aware of my rights and that the liability lay with you as the hire purchase company, I paid for the work myself and incurred an expense of £1148.10.

 

I am enclosing a copy of the worksheet and the bill with this letter.

 

The car has now started to overheat and recently had to be towed back to my home.

 

A mechanical inspection her diagnosed that the radiator is leaking and that there may also be a problem with the cylinder head gasket.

The true cause we’ll have to be ascertained by means of an internal inspection of the engine.

 

I have been told that the inspection and the necessary work could cost as much as £2,000.

 

Having spoken to an advisor, I now understand as the provider of the hire purchase for the vehicle used in fact have the responsibility to address all of these issues even the ones which have already been dealt with by me.

 

At present the vehicle is undriveable and so it is off the road. This is having a serious impact on my life as I rely heavily on the car or my daily transport.

 

I am writing to advise you that in my view the vehicle which has been sold to me is unfit for its purpose to the extent that I am entitled to treat the contract has repudiated by the dealer and by yourselves.

 

I accept that I have probably complicated the issue by having proceeded to have certain repairs carried out without reference to you but the defects which have not been dealt with by me are clear.

 

I expect that you will wish to carry out your own examination of the vehicle before you agree that it should be returned to the dealer and that I should be reimbursed for the purchase price and for any outlays incurred by me so far.

 

Please will you let me know what arrangements you intend to put in place to implement that inspection and and whether the inspection should be carried out at my home address where the vehicle is now situated or whether you intend to arrange to have it transported to a garage in order to have an inspection carried out here.

 

As you can imagine, this matter now needs to be dealt with quickly because I am in a position where I do not have vehicle and this is something that cannot continue you very much longer

 

[BankFodder]

A couple more questions:

Have you approached the dealer any of these rooms? And what was a response?

Have you approached the finance company at all?

[Giraffegirl13]

That sounds perfect yes!

 

I approached the dealership about the clutch with the quote and they said it was nothing to with them. I still have all emails from them.

 

I messaged the finance company yesterday before I spoke to you, but have heard nothing back.

[BankFodder]

check the edit in red.  Is it correct that the vehicle is at your home?  Off-road on on road?