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Reserved a car at Autoquake

1456810

Comments

  • mozza1202
    mozza1202 Posts: 20 Forumite
    I also took out a warranty with auoquake on finance with JD concepts who used a finance company called premium first now i have paid in full. I have rang them all autoquake mcr jdc premium first and they all say something different AQ say void MCR say i pay and try to claim back money jdc say i have a warranty and PF say speak to jdc. I have paid through an insurance broker in full and i was just wondering if i can make a claim through the broker as i have paid and dont have a warranty ? :mad:
  • mcfisco
    mcfisco Posts: 1,957 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Put an official claim into the finance company under section 75 - JD Concepts [I think, from your description]
    Send it recorded and ask for a reply within 14 days
  • mozza1202
    mozza1202 Posts: 20 Forumite
    Is their an offcial claim form to fill in so they would take my claim serious. I am not sure who is telling the truth would the cab be able to advice me ?
  • mcfisco
    mcfisco Posts: 1,957 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Have a look at the section 75 link at the top of this page
    Don't let them fob you off, stay firm but polite until they agree to start the claim process for you
  • Robam
    Robam Posts: 6 Forumite
    Robam wrote: »
    Right Guys,

    I'm on the case with Santander, let's see how they deal with the S75 CCA 74 issue!

    On another point, during the setting up of the Direct Debit/ loan paperwork, I specifically asked for the DD to leave my account on the first of each month, Autoquake don't seem to have got this right either, the DD is due to leave my account mid month, and Santaner want to charge me £25.00 to change this date!

    Anyway, I've been instructed by the call center at Santaner to email my queries to them, lets see how they deal with or wriggle out of these 2 issues.

    I am going to post their replies here, only editing personal information.

    Rob

    I have received a second letter from Santander, the first was mearly an acknowledgement.

    Basically, I have been asked to forward to them, all paperwork that I have regarding the defunct warranty for them to 'Investigate it further'.

    They have also waivered the £25.00 fee that they were going to charge to change the Direct Debit date to the beginning of the month, so I suppose that is some good news to start with.

    I dearly hope that they sort something out with the warrany as this was a key selling point when looking to purchase a high mileage car in the first place.

    I will update the forum with any response that I get from Santander regarding the Warranty.

    I'll keep an open mind until this is resolved either way.

    Regards,

    Rob
  • moo313
    moo313 Posts: 59 Forumite
    Ninth Anniversary 10 Posts Name Dropper Combo Breaker
    Blaze65 wrote: »
    Trying to claim for a warranty and breakdown cover that you bought externally that can still provide you with a service is illegal.

    AQ used only car care plan for the last few years and their product is an all in one Warranty and breakdown cover that is priced at £839 for the 3 year prestiege so the bank will be able to find out which product was theirs and which isnt.

    Unless the warranty wise themselves went bust you have no case to claim the costs of warranty and breakdown cover.

    I shall take that bit out. I admit it did seem cheeky to put it in. I only brought the breakdown cover and warranty after being informed AQ went bust. Im not risking having no cover in the meantime. However the nearest warranty cover I found is warrantywise. However it cost me more then the AQ warranty. :(
  • Looking for help in wording my letter....

    situation.

    Missus paid deposit on her credit card - finance was with Carlyle. I paid this off with my visa (zero percent).
    The finance for the warranty was/is with JD Concepts. Soon as I got the letter I cancelled the direct debit. Then I get a letter from JD saying pay 322 or we send ther boys round.

    Plan of attack - pursue JD for a refund of the moaunt alreayd paid. If they get heavy I have legal cover on my house insurance and will get a solicitor involved. If it goes too far maybe pay the amount owed and ask for section 75 of my missus credit card...

    what you think of plan and letter?

    Dear Sir/Madam

    Agreement number: DE000337

    On 29 June 2010 I entered into a financial agreement with JD Concepts, the purpose of the agreement was to finance a Vehicle warranty purchased from Autoquake Ltd. This was for a three-year warranty and roadside assistance for a car purchased from Autoquake on the same day. The cost of the warranty product was £839.00, however with the interest charged the total amount payable was £922.90. The warranty commenced immediately and was due to run for three years.


    On 24 March 2011, I received a letter from the joint administrators of Autoquake Ltd, advising me that the company had been put into administration on 17 March 2011, and that the company was now unable to make any payment or provide any benefit in kind to me under the three-year warranty and roadside assistance.


    I promptly cancelled the direct debit that was still running.

    On the 4th of April 2011 I received a letter from JD Concepts requesting immediate and full payment of the outstanding balance of £322.60.

    I am therefore writing to request that under section 75 of the consumer credit agreement that you reimburse me to the value of £600.3 for the amount paid to date for the warranty which I purchased, which now cannot be fulfilled.

    I have a variety of documents in my possession confirming this situation, including the letter from the joint administrators, an invoice from Autoquake Ltd detailing the breakdown of the costs of the car and the warranty, and a receipt from Autoquake Ltd confirming payment. Please could you advise whether you would like copies of these documents, either by e-mail or in hardcopy, and let me know the address I should send these too.

    I look forward to a full and prompt response to this letter within 14 days.


    Should no contact be made I shall appoint a solicitor to represent me in these matters, in any case I may still contact and appoint a solicitor and reserve the right to do so.

    Yours faithfully
  • mcfisco
    mcfisco Posts: 1,957 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    From the Section 75 letter template - elsewhere on this site, I'd insert the phrase


    "you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974. "
  • mcfisco wrote: »
    From the Section 75 letter template - elsewhere on this site, I'd insert the phrase


    "you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974. "


    Thanks Sir. Quote inserted and letter sent. I will update when i get a reply. If they do not answer to my liking I will engage a solicitor.
  • chana7
    chana7 Posts: 6 Forumite
    A response from Autoquake after I emailed them the admin form regarding the warranty...My only hope is the finance company. I'm paying for it monthly so would be happy for just the payments to be reduced!! Any advice??

    "

    Dear Mustan

    Further to your email below, please be advised that following the appointment of Matthew Bond and Jason Godefroy as Joint Administrators of the Company on 17 March 2011, the Company ceased trading with immediate effect. Therefore, the Company is not in a position to honour warranties or roadside assistance purchased through the Company.

    I advise that the Joint Administrators are unable to refund warranty customers in respect of warranty cover purchased prior to the date of the Joint Administrators’ appointment. As stated in the notice to customers dated 22 March 2011, should you believe that you are entitled to a payment or benefit under your warranty, any such payments or associated costs shall rank as a non-preferential unsecured claim in the Administration of the Company.

    If you have commenced or are considering commencing legal action, I advise that upon the Administration of the Company, a statutory moratorium was imposed pursuant to Paragraph 43 Schedule B1 of the Insolvency Act 1986 (as amended) (“the Act”). Please note that Paragraph 43(6) of the Act provides that legal proceedings cannot be instituted or continued against the Company without the consent of the Joint Administrators or the permission of the Court. For the avoidance of doubt, the Joint Administrators do not consent to the commencement or continuation of any legal action brought against the Company.

    Should you have any queries, please contact me directly.

    Yours sincerely
    For and on behalf of
    Autoquake Limited


    Rob Halliday
    for Matthew Bond
    Joint Administrator

    "
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