Lythgoe Mileage Descrepancy Help!

amgf99

In September/October last year, I bough a car from the company formally known as Lythgoe. However, I quickly fell out of love with the car and have been trying to sell it. A Citroen dealer recently ran a 'HPI' check on the vehicle, and it came back with a 'mileage warning'. I was advised to contact Experian to query what the warning was. I was amazed to be told by Experian that there was a descrepancy on the mileage by 6,000 miles. They say it has DECREASED in spetmeber 2009, a couple of weeks before I bought the vehicle. Obviously I was alarmed by this, but could not contact Lythgoe, as they went bust late last year (Just my luck!)!

I then contacted Santander, as my finance is with them. They said they would normally contact Lythgoe to investigate, but as they have ceased trading, I was told they could not do anything and was advised to contact the administrators.

So I did. 'Zolfo Cooper' are the adminidtrators, and so far, they've been great. They asked me to email them the info I passed over the phone, and they sent me a letter the same day saying they would investiagte. They also said that if I was able to prove the mileage changed while in the ownership of Lythgoe, I may be able to submit an 'unsecured claim against the company'. I have no idea what this is??

Basically I want to know if there's anything that the finance company (Santander) shoudl be doing to help, or if there's anythign they're liable for! Ideal scenario is for me to hand over the keys to Santander/Administrators and stop teh payments. I just want rid!!

I'd be grateful of any emails: [EMAIL="adam.green@remploy.co.uk"]adam.green@remploy.co.uk[/EMAIL]

Inactive

A word of advice, remove your e mail address or you will get no end of SPAM.

standupguy

There are two things here from what you say: -

1. There is no comeback just because you are falling out of love with the vehicle

2. The finance company are jointly responsible under section 75 of the Consumer credit act and by putting you off they are hoping you will persue the administrator rather than them.

You should complain to the Finance company mentioning section 75 and give them an indication of how you would like them to resolve the complaint.

You could try and get the return of the car to the Finance co and your money refunded as the car was clocked.

You could just try and get the return of the car and that being an end to the matter - ie no refund but no more liability?

Or, you could try to get some form of credit on your account for the difference there would have been in value for the 6000 miles? - The Finance co may want to limit any liability they have to this.

As you complain, mention that you are prepared to take the matter to the Financial Ombudsman service if the complaint is not resolved - this should ensure the fobbing off on their part ends

Exemplar

I would not be worried too much about a 6000 mile discrepancy. I'm sure that there is a simple explanation here such as someone writing the wrong mileage in when sold, or re-sold etc. Can you give us more details on the car? if it's under 3 years old and has a FSH then if the clocks have been 'changed' then it should be noted in the book.

My fear here is that you are relying on a very thin thread here to reject a car that you simply dont care for anymore..........

amgf99

I've been in touch with the finance company. Apparently, it's classed as a personal loan to me, not finance on the car. They said that If I, for instance, fell behind on my payments, they couldn't re-posess the vehicle, and thus I should be contacting the administrators. And as for 'falling out of love' with my car, I know it's my fault for buying it, but you're still missing the point. As a result of this warning, potential buyers won't touch my car, and I can't get the warning removed as I can't prove its a descrepancy.

For those thar requested it, my car is Citroen C4 Coupe VTR, a 07 plate, so Is a few months short of being 3yrs old, and Im approximately 5 months into my finance agreement.

Does anyone know what a 'unsecured claim against the company' could be. The administrators are willing to do this for me, as they have to follow up anything that concerns the conduct of the company.

Pew_Pew_Pew_Lasers!

amgf99 wrote: »

As a result of this warning, potential buyers won't touch my car, and I can't get the warning removed as I can't prove its a descrepancy.

Nonsense. At its next service ask the garage to add the 6,000 miles back onto the car. Explain to any buyer what has happened.

Its just a number, so long as the service schedule has been followed nobody will care.

alleycat`

As far as i understand it unsecured claims are the bottom of the pile (in bankruptcy terms anyway).

Usually it means you won't see a penny - sorry

verybigchris

alleycat` wrote: »

As far as i understand it unsecured claims are the bottom of the pile (in bankruptcy terms anyway).

Usually it means you won't see a penny - sorry

That's my understanding too. Normally once the assets are sold off the tax man gets his hands on any cash he's owed. Next come the secured creditors, for example if they have a mortgage on any property then the mortgage company will repossess it. Unsecured creditors come last and share out any crumbs that are left. Classic examples of unsecured creditors are people who have gift vouchers in a company that gets wound up (Woolworths, Zavvi, Borders, ...) - they are told the vouchers can't be used, and if they bother putting in a claim they may get back a few pence for every pound they are owed.

I'd take Pew Pew Pew Lasers' advice, and just take the hit on the 6,000 miles. Any drop in value of the car should be less than it's going to cost you to argue your case.

standupguy

amgf99 wrote: »

I've been in touch with the finance company. Apparently, it's classed as a personal loan to me, not finance on the car. They said that If I, for instance, fell behind on my payments, they couldn't re-posess the vehicle, and thus I should be contacting the administrators. And as for 'falling out of love' with my car, I know it's my fault for buying it, but you're still missing the point. As a result of this warning, potential buyers won't touch my car, and I can't get the warning removed as I can't prove its a descrepancy.

For those thar requested it, my car is Citroen C4 Coupe VTR, a 07 plate, so Is a few months short of being 3yrs old, and Im approximately 5 months into my finance agreement.

Does anyone know what a 'unsecured claim against the company' could be. The administrators are willing to do this for me, as they have to follow up anything that concerns the conduct of the company.

Check your agreement etc.
If they paid the dealer then the agreement should be a three party agreement and they will be liable for section 75.

Only if they paid you the amount and you then paid the dealer could it be classed as a personal loan - in which case section 75 would not apply.

sam1970

I am afraid all the advice that you dont need to worry about the mileage difference is non sense. I bought a near new mercedes 5 years ago from official merc. dealership. when i got it home i noticed that the purchasecontract and the car audometer were showing 9000 miles while the service book showed that the car did 9600 miles when it was serviced 3 months earlier. I challanged mercedes..they denied but when i threatened with trading standards, they got the car checked and the correct mileage was 22000 miles. they ended giving me a brand new car with £8000 discount to stop me taking them to court

amgf99

Ive been in touch with the administrators again. They say they are confident of those submitting unsecured claims (like me) getting 100 pence in the pound.