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  • seaside girl
    replied
    Evening all! I gave the car back to the dealership today, handed over the keys etc, so that part is finalised. The finance company have yet to come back to me, they even took the first payment of £204.00 this morning. The chap at the dealership who I get on ok with, assured me that he would work to get all the finance returned asap. When I left they were going to transfer the car over re the DVLA and send me a confirmation email, which has not come yet as it was late afternoon. Can you believe they actually just put the car back up for sale on their Facebook page! Considering my finance has not been finalised and the DVLA probably still have it registered in my name lol. Still a big weight off my mind that it has managed to get transferred back. Should get most of the DVLA car tax refunded as I did it within the time frame I set myself and the insurance has been cancelled in time before renewal. Should be able to get my life back to a bit of peace soon I reckon.

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  • Timewilltell
    replied
    At this stage do not mention legal action, keep it amicable but be firm. They probably will not cover tax and insurance as you can get a refund on them, bar the months use.

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  • Batman
    replied
    Only wish I could help more on this one...


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  • seaside girl
    replied
    Originally posted by Batman View Post
    Breach of Contract - or ?

    Perhaps not quite the same thing yet interesting nevertheless...

    http://www.lawgistics.co.uk/read-new....ZWn4yNBe.dpbs
    Thanks, interesting link

    Leave a comment:


  • seaside girl
    replied
    Hello thanks for your reply. A solicitor phoned me back today and advised caution and said it may be expensive to take them on through a county court. No win no fee would not be an option in this case. However the solicitor had not seen/read through the documentation I had sent through so did not have the full picture. He advised not to push the finance company too much in case they retract their offer and refuse to take the car back. I would have thought though that once in writing they couldn't, not to mention the law is on my side with the 30 days right to reject.

    The vehicle is currently in the forecourt of the dealership as I would not collect it. I aim if possible to have this completed and done and dusted so to speak by the end of this week, before the insurance and road tax run out. The solicitor said the finance company would not refund the insurance and road tax, but one can try.

    I have written to the salesman who sold us the car, and asked for a list of what they want returning and said I will deal with him only. I will check the car over for belongings with him. I will use the spare key I have, so they cannot take over this time. The solicitor made out that I would not get back all I had paid out, I do not give up easily though.

    I appreciate you staying with me through this, thank you.

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  • Timewilltell
    replied
    I think you have summarised all that you can, now sit and wait for their response. If they have acknowledged the cancellation of agreement and the return of the vehicle then you can cancel your insurances providing the vehicle is not on a public road. Ideally your private drive. If you have in writing the date from which they are cancelling your agreement then I believe the vehicle is legally theirs as it always is under a finance agreement?? Therefore your liability should be ended at the date of cancellation of agreement I’d have thought?
    If the vehicle is areas you with the garage then you have no need for insurance as it will be covered by theirs whilst on their premise. You are allowed to retrieve any personal belongings from the vehicle, if they don’t permit you then call the police and report it as theft (your personal belongings not the vehicle).
    as for any financial reimbursement then that is a separate issue to cancelling agreement and I suspect that they would have to put you back to the position you’d have been in prior to the agreement. They wouldn’t necessarily admit to this though, but given the vehicle is a dud them couldn’t see they’d have a legal argument?

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  • seaside girl
    replied
    Have now sent this to Suzuki complaints chap
    Attached Files

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  • seaside girl
    replied
    Hi I have to complete things with the finance company today, as my 30 days to reject are about up, the insurance runs out on the 29th and I need to end the road tax before the end of the month. Sorry to keep asking but really don't know what to do. I approached a solicitor who has been replying, but they cannot get back to me re advice for a few days due to their work load and time is up here. Do you think I could end the agreement and finalise that part of it with the finance company, but keep open the compensation till I have taken advice? My concern is that they will take the compensation offer off the table so to speak once the agreement is ended. Thanks

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  • Batman
    replied
    Breach of Contract - or ?

    Perhaps not quite the same thing yet interesting nevertheless...

    http://www.lawgistics.co.uk/read-new....ZWn4yNBe.dpbs

    Leave a comment:


  • seaside girl
    replied
    Hi all, I have just received an email/letter from Suzuki Finance upholding my complaint and will end the agreement. The information in the letter is out of date as they have not been updated on the information I phoned about yesterday re the extra problems and admission of guilt.

    However what they have offered me will not completely cover the costs I have paid out, which are items I bought for the vehicle and the car tax/insurance. Can anybody please advise on my next step here before I reply later today? Thanks
    Attached Files
    Last edited by seaside girl; 23 October 2020, 12:30.

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  • seaside girl
    replied
    Have now finally amended the letter and sent it off to Chapelhouse Motors to formally reject the car.

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  • seaside girl
    replied
    Hello, yes I agree. I have actually just phoned the finance company and told them of the phone call this morning whereby the dealer accepted full responsibility for everything. I told the lady at finance company that I wanted to do just what you said above, and she logged that on my file. She said they had emailed the dealer two days ago but not heard from them yet. The dealer chap told me this morning that Suzuki Finance had not been in touch as far as he knew. Suzuki Finance also talked about compensating me for the items I said I had bought for the vehicle i.e. spare wheel, tools etc.

    They said to keep up with payments for the moment so it would not affect my credit rating.

    I will do it in writing now today to Chapelhouse the dealer, then nobody is in any doubt as to my decision.

    I appreciate your help thanks

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  • Timewilltell
    replied
    Personally I would reject the car with immediate effect.
    My opening line would simply state that I wish to exercise my right to reject the vehicle under the section of and State Act’.

    Then I would summarise the issues to support your action.

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  • seaside girl
    replied
    Diana may I ask you please, what should I do about the payments coming out of my bank? Should I let them carry on or cancel?

    I have again redrafted the letter, but it could be too long and drawn out rather than, stating only the legal facts. The letter does not either make reference to giving me compensation which I feel I am due, as I don't understand that side of things much.

    I do have a recording of his phone call this morning admitting all fault, although he does not know that.

    Attached Files
    Last edited by seaside girl; 22 October 2020, 12:26.

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  • seaside girl
    replied
    Thanks Diana, I was going to let the insurance end as it finishes on 30th October, but I can renew it if you advise to do so. It could be over £300 should I do it monthly?

    Would this independent inspection need to be done in the Chapelhouse garage, they could not take it to their own garage could they legally?

    The registration certificate from the DVLA states:

    No. of former keepers 1
    1. declared new at first registration

    The date of first registration is 23.6.2020 and I bought it on 28.9.2020 as a new car that had been used as a demo car, hence the price was reduced.
    When the finance company got involved, the dealership told me that the finance company classed it as a 'used car' and because of that they put the payments up slightly per month.



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