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

[dx100uk]

1 hour ago, dx100uk said:

post up the text of the POC you actually filed.

 

[Giraffegirl13]

"By an HP agreement on 30/4/22 with the defendant I bought a car – Kia Sorento,  for £7700.

Within In the first 5 months the car demonstrated defects and is not of satisfactory quality.

Claimant was informed by the supplier that it was her own responsibility.

Being unaware of her rights, she had certain repairs carried out at her own cost.

The vehicle is presently undrivable and is on her premises.

The supplier of the car and defendant have both been fully informed and have declined to act refused to take any action.

Claimant seeks full reimbursement of purchase price, repair costs & incurred expenses - £5470.53. Defendant has been notified of storage cost."

[dx100uk]

How is the figure you won made up?

 

Does it equate to what you have paid to date via payments to close brothers?

 

Dx

[Giraffegirl13]

Yes the figure is made up of current money paid to repairs, deposit and up to date finance payments 

[dx100uk]

brilliant.

write to close brother head office

simply state...

following the my now settled judgement against yourselves, ref (see copy of judgement attached to this letter)

please arrange within the next 14 the collection of said vehicle under the voided/cancelled hp agreement xxxx .

failure to collect the vehicle will incur you a £15 xxx day store cost.

should i fail to hear from you within the above period , please be under no illusion that i will not tolerate to allow your property to remain within my possession and i WILL raise an immediate court claim without further notice to yourselves.

[Giraffegirl13]

I was going to just state if not collected within X days it will be sold / scrapped?

Can I cancel my DD finance now too!? 🫣

[dx100uk]

cancel dd yes.

should of done that long ago.

its not your car you cannot sell/scrap.

 

 

 

 

[Giraffegirl13]

I was told not to touch DD until the court case came to fruition and I got my money back.

I will draft a letter to them now re the car.

thanks 

[dx100uk]

Ok.

Well stop the DD now it's concluded.

 

Dx

[Giraffegirl13]

Just had a call from close brothers.

they're happy to take the car away but still want to charge me the outstanding finance (about £7000!).

they said I need to "voluntarily surrender" the asset and they'll "sell" it and take that off the remaining finance.

I am refusing to accept this and want the contract cancelled as per the court case!

any advice? 🫣

[dx100uk]

the agreement does not exist anymore surely

 

dx

[Andyorch]

Of course it does...a court case can't terminate an agreement ......the claim was against the car dealer who have been paid by Close Brothers to finance the car. 

 

You either VS the car to Close Bros or pay the balance outstanding...the court judgment is against the car dealer...not Close Bros.

[Giraffegirl13]

The claim was against close brothers the finance company! So what do I do now?

they want me to VS and still pay the outstanding balance

[Andyorch]

They want you to VS and they will sell the vehicle for its best price if there is an outstanding balance then you will be liable to settle it.

So you either VS or pay the total outstanding.

 

I thought the claim was against the dealer so apologies. 

[Andyorch]

Have read of the following for how a VS can impact your credit rating.

 

The Impact of a Voluntary Vehicle Surrender - Experian

WWW.EXPERIAN.COM

---

Voluntarily surrendering your vehicle may be slightly better than having it repossessed. Unfortunately, both will have a serious negative impact.

 

[Giraffegirl13]

There is no way I'm paying the outstanding balance on a dead vehicle after six months, that's what this whole argument is about!

[dx100uk]

the agreement is surely voided by the court claim part of it was the car was unroadworthy and the payment judgement was all the payments made.

pers id tell close brothers the car will be scrapped in xxx days if they dont come and get it.

its as if they dont know you won a court claim against them.

let them goto court themselves then

shock coming CB.

 

 

[dx100uk]

On 11/02/2023 at 13:30, Giraffegirl13 said:

By an HP agreement on 30/4/22 with the defendant I bought a car – Kia Sorento,  for £7700.

Within In the first 5 months the car demonstrated defects and is not of satisfactory quality.

Claimant was informed by the supplier that it was her own responsibility.

Being unaware of her rights, she had certain repairs carried out at her own cost.

The vehicle is presently undrivable and is her premises.

The supplier of the car and defendant have both been fully informed and have declined to act refused to take any action.

Claimant seeks full reimbursement of purchase price, repair costs & incurred expenses - £5470.53. Defendant has been notified of storage cost."

 

[Andyorch]

Have they paid your judgment against them?  

 

A finance agreement has no connection to the court claim. Unless you requested it be voided within your particulars and the court has agreed and its stated within the judgment.

[Giraffegirl13]

They've paid judgment (finally!) but now I'm stuck with a dead car and £7000 outstanding finance!

my understanding from the people that helped me write the claim was that the contract would be voided as well!

 

@BankFodderis the one that helped me mostly with this and help me write the claim… I don't know what to do now but I'm happy to open another claim against them! I want this sorted

[Andyorch]

Okay just looked the particulars of claim which simply request a refund of costs and repairs and refund of payments made on the finance agreement...you got a default judgment so in essence the claim was not tested or adjudged....simply rubber stamped.

 

They have paid the judgment...you have the car unroadworthy...you still have a finance agreement with a balance of £7K ?

To terminate the agreement, (release you from the agreement) you will have to VS the vehicle back to Close Bros...who will intern try to sell it and recoup as much as they can which I assume won't be much given its condition.

 

If they get 5K for it you in theory will still owe £2K... now it's you decision if you wish to ignore them or if they try to chase you for this balance

but I would hope common sense prevails and they write of the loss and then have a stiff word with the Car Dealer for selling dodgy cars and using Close Bros to finance said dodgy cars.

 

See if Bankfodder agrees but I note he said we will deal with the finance agreement later (IE after Judgment)

[Giraffegirl13]

Sorry not sure I got this.

Do you mean ignore completely and see what happens, or VS then ignore and see what happens?

I'll look into VS a bit as well, they were meant to email me back this afternoon, and ofc they don't seem to have bothered!

[dx100uk]

ignore them .

do not VS.

 

dx

[Giraffegirl13]

Thank you - so I've cancelled DD and just wait and see what happens?

[theoldrouge]

The agreement is still live and not been defaulted ,(as yet)

personally I would VT the agreement ( without knowing the exact figures ,your max liability would be around £1500 of the monies that you won)

and then argue that balance and car condition out with Close Brothers , at least any liability will be capped and your credit file protected