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

[Giraffegirl13]

That is correct. I have now SORN it but I never cancelled the insurance because I wasn't sure what was going to happen and was worried I might need to write it off and claim on insurance…

[BankFodder]

I'm not sure why you feel that you would need to write it off and how you could claim on insurance.

If you are simply suggesting that it is in such bad condition that it should be written off and that the insurance should pay, then I'm afraid that's not how insurance works.

Is that what you are suggesting?

[Giraffegirl13]

Obviously I'm not expecting them to pay the full amount for the car I was just saying in the worst case scenario where the finance company completely railroad me at least if I write it off I might get a couple of thousand pounds back?

[BankFodder]

Not from the insurance

They are ensuring you in the sense of an extended warranty whereby they indemnify you some extent in respect of the condition of the vehicle when you buy it.
Feel free to transfer your insurance because it's probably not doing much good on and off road vehicle – although if it was vandalised or stolen then the insurance would certainly be relevant

[Giraffegirl13]

Thank you for clarifying

[dx100uk]

you cant write a car off.

the ins was never any good once sorned and not on the road.

 

not sure where you got the idea it ever was

if you car is as above and anything happens to it, then it should be covered by your house/contents ins as it becomes an asset of your estate.

 

done it several times.

dx

[Giraffegirl13]

Okay thanks yes I meant the insurance company write it off because the repairs are worth more generally than the price of the car would be now, which has happened to me before.

[dx100uk]

but that situation was probably as a result of an RTC not the car falling apart, they would not payout nor write off a car under that situation.

 

dx

[Giraffegirl13]

Okay interesting thank you makes you wonder why we have insurance LOL

[dx100uk]

eh?

 

insurance is for you driving the car it's not any kind of warranty upon the condition of the car nor something you can use or cash in against its unroadworthy.

 

dx

 

[Giraffegirl13]

Finally have a (short) report from one garage, and hopefully got another same report asap.

 

Have amended your above letter in prep to send, if all sounds ok?

 

"

Dear Sir/Mdm

Reference number xxxxxx

I am enclosing the reports and quotations for work to the vehicle which you have sold to me on hire purchase.

The vehicle is currently off the road because it is undriveable because of the defects. I have already made you aware of this but you seem to be either unresponsive or uncooperative.

It is very clear from the attached documents and also from the fact that the vehicle is undriveable that it is not of satisfactory quality to the extent that there is a fundamental breach of contract by you, which has effectively deprived me of the entire benefit of contract.

I require you to make the immediate arrangements to remove the vehicle because it is occupying space in my driveway. The car has already been there for some weeks and I am not prepared to tolerate this any further.
I'm giving you notice that if you have not removed the car within seven days then I shall start charging you storage at a rate of £10 per day and I will recover this money from you by legal action if necessary.

I also require you to make immediate arrangements to repay to me all the money has been paid to you so that we are set at zero (including the extra fees I have had to pay to hire a car to be able to work).

I'm telling you now that I'm not prepared to abide by your 8 week timescale and I shall be taking my own action if I do not have a satisfactory response, and also the vehicle removed from my premises, within seven days from the date of this letter.

Yours faithfully"

 

Document 12.pdf

I will email this, plus resend all the previous quotes & invoices.

 

Don't know if this will help my case or not, but just found out about GAP insurance, which (supposedly) I should have been offered, and wasn't?

[BankFodder]

I don't think it will make much difference .

Please check the letter that you have posted above because I have made a couple of edits mainly to correct some grammar

 

[Giraffegirl13]

Thanks.

Slightly off topic, do you have any good gap insurers to recommend? Thanks 

[dx100uk]

GAP ins?

why do want to protect their product?

gap is only ever poss useful on new car incase insurance value of write off doesn't meet hp costs.

 

dx

 

[Giraffegirl13]

For my new car I've just bought 🫣

wanna try protect as much as I can after this palaver! 🫣

[unclebulgaria67]

We would never recommend a particular GAP Insurers.

 

In general GAP Insurers, same as other Insurance will always limit any possible claim payments.

 

Make sure you check fully how any Insurance would provide cover to make sure any premiums you are paying make it worthwhile.

 

 

[BankFodder]

You will never fully protect yourself.

The best you can do is to buy a vehicle through finance. Get it MOT'd again as quickly as you can after the purchase. See if you can get any other diagnostic testing from Halfords or somewhere. React quickly if there are any problems and come to us as early as possible

[Giraffegirl13]

Ok thanks 

[Giraffegirl13]

Still trying to chase a garage to do a proper report for me 🫣

 

Had this email back:

 

"I have reviewed your evidence and invoices. None of them confirm the current faults would have been present from point of sale , or provide the current mileage.

 

Unless you can provide a statement of truth from the mechanic confirming the faults were present from point of sale. We will not be able to hold the dealer liable for repairs. Can you please provide this within 7 days or we will not be able to support you further."

 

These are all the dates laid out from start to finish of all the issues I've had. Final issue was *1* day over 6mths (of course it was!), but obviously backdating all the issues is before 6mths.

 

Complaints department didn't seem to read my previous email at all.... 
 

Driven out of dealership: 29/4/22

Oil leak detected: August 2022

Clutch issue detected (and history of clutch price looked into a year before): 9/9/22

Weird metal clip found on clutch pipe (neither dealership or personal garage knew what it was, or wanted to touch it...): 9/9/22

Rear diff issue found: 4/9/22

Rear diff broke apart: 12/9/22

Rear diff replaced (£1000+): 15/9/22

Engine overheated, car broke down and now undriveable (needing £4000 repairs): 30/10/22

[BankFodder]

Presumably this email has come from Close Bros?

 

It is now time to decide to take legal action. Are you prepared to do this?

This means that you will send a letter of claim giving them 14 days and then on day 15 you will issue the claim.

No bluff, no delays, no prevarication, no being distracted by technical responses from the finance company.

[Giraffegirl13]

I think I'm going to have to. Any solicitors you can recommend?

[BankFodder]

No. You do it yourself. We never recommend solicitors and it would cost you a lot of money which you wouldn't get back anyway.

Start reading on this forum the steps involved in taking a small claim in the County Court.
Register on the County Court MoneyClaim website. Open an account and start preparing your claim. You can save your work as you go.

Here is a suggested draft letter of claim. Check it. Modify if you want but let us know and then send it off.

Don't forget that there is no bluff here. If you send the letter and then you don't follow through with your threat at exactly the time you have said you will then you may as well give up.

 

Quote

Dear XXX

 

Reference number XXX – Letter of Claim

Thank you for your reply dated XXX

It is completely consistent with your reputation for being a company which attempts to avoid its proper consumer obligations.

It is clear that the vehicle registration number XXX which you supplied to me under the hire purchase agreement is not of satisfactory quality.

I have supplied you with extensive documentation which shows this to be the case.

You have decided not to accept this on spurious grounds. It's about time that the matter before independent judge.

If you do not make arrangements to remove the vehicle on my property and to reimburse me in full within 14 days and also paid storage costs incurred by your unjustifiable refusal to step up, then I will sue you in the County Court for the sum owed plus interest plus costs.

Yours faithfully

 

[Giraffegirl13]

Thank you very much, I'll read up on that now and draft a letter! 

[Giraffegirl13]

Had a busy few days but will be editing and emailing this letter later, thanks. Will keep you updated

[Giraffegirl13]

Got a really lovely(!) email from Close Bro's this evening stating they are closing my complaint and there's nothing they can do!

Looks like I'll see them in court... So angry.