Yes it's The Car

naedanger

mc303 wrote: »

The case worker gave me the email address of her manager should I wish to complain.
Here is the rest of her reply, please advise what my answer should be, take into account the case worker is adamant there was no previous breach of contract

We can re-open your complaint, should you wish, and I did let you know this previously. The complaint was closed on our systems as at the time, we weren’t doing anything in your complaint. We can’t keep cases open indefinitely, so if you’d like the complaint re-open, this is something I can arrange for you. But we’d like to know the reasons why. I have already endorsed my answer (first answer was sent on 23 February 2017 and my endorsement was sent on 15 March 2017, which we also discussed over the phone).

My suggested draft:


Thank you for your [email?] of [?? April].

Please reopen my complaint
The reason I would like my complaint reopened is that the proposed remedy of a final repair was unsuccessful and so my original complaint is still not resolved. (I would never have agreed to the repair attempt had I known that my complaint would be closed even if the repair was unsuccessful.)

Summary of my original complaint
I have set out below the key points of my complaint as there appears to be some misunderstanding about it.

1) My complaint is about MBNA and not about the car dealer. (I fully understand you have no jurisdiction to look at complaints about car dealerships.)

3) My complaint does stem from a car purchase. I will not repeat the full details but the key point is that I was sold a faulty car and the dealer has failed to repair it despite a number of attempts.

4) I [partly?] paid for the car using an MBNA credit card. This means that under section 75 of the Consumer Credit Act 1974, MBNA are jointly and severally liable for any breach of contract or misrepresentation by the car dealer. In other words I am legally entitled to hold MBNA liable for any contractual failings by the car dealer under the contract to purchase the car.

5) Section 24 of the Consumer Rights Act 2015 a consumer has a contractual right to refund (rather than a repair) if the seller has previously attempted to repair the item and failed. As in my case the seller has failed to repair the car after four attempts they are now legally obliged to provide a refund. The offer of a further repair is not now sufficient remedy under section 24 of the CRA 2015. (Please note this right to a refund after a failed repair attempt is a new right that did not exist under the previous Sales of Goods Act.)

6) Because the car dealer is liable (under point 5 above) to provide a full refund, I am entitled to hold MBNA liable for this amount (under point 4 above).

7) My complaint is that MBNA are refusing to pay the refund of [£xxx] due. To resolve this complaint I need MBNA to pay me £yyy.


Next steps
I hope you will agree to my claim for £yyy. If you don't then I would like it to be escalated to a Financial Ombudsman.

Thank you for your help with this matter. It is appreciated.

Regards,
[mc303]


On balance, I suggest you don't cc in the case worker's manager. (But obviously keep a note of the manager's email address.)

mc303

naedanger, thank you so much for this, i truly appreciate it, i will let you know the outcome
again thank you so much

DoaM

Point 2 is missing.

mc303

DoaM wrote: »

Point 2 is missing.

Hi doam, and what is point 2?
thank you

Edit: ahh I see what you mean

mc303

This is the response from the case worker:
I wanted to take the time to acknowledge what you said in your email, and try and manage your expectations about what might be looked at by the ombudsman.!
Firstly, you’re correct in that MBNA can be held jointly liable for faults with your vehicle under S75 of the Consumer Credit Act 1974.!
As I explained over the phone and in my email (15 March 2017) the Consumer Rights Act 2015 doesn’t apply to your complaint against MBNA. It would apply to any complaint you might make to the dealership, but not MBNA.!
So what I’ve previously considered have been the remedies under S75 Consumer Credit Act. As explained previously, a refund is just one thing that might be done if a complaint under S75 is upheld. Other things that might be considered include are replacements or repair.!
The invoice which you’ve sent into us (dated 4 April 2017) is from xxx xxx 4x4. Could you tell me why the car was taken here? The reason I ask is because I spoke with xxx from xxx xxx xxx (dealership/seller) to arrange the repair of the rear differential unit, so I’m just wondering why the vehicle was taken to another garage?!
an ombudsman will review your complaint!
Because you believe MBNA are still at fault and jointly liable, an ombudsman will review your complaint and make a final decision.! If the ombudsman’s conclusions are different to mine, they will explain why and let you reply before they give you their decision. !
We should already have all the information the ombudsman needs to reach a decision. But if we need anything more from you, we will let you know.

My response:
Hi, you wrote
"The invoice which you’ve sent into us (dated 4 April 2017) is from xxx 4x4. Could you tell me why the car was taken here? The reason I ask is because I spoke with xxx from xxx xxx xxx (dealership/seller) to arrange the repair of the rear differential unit, so I’m just wondering why the vehicle was taken to another garage?"

OK you have misunderstood what I have said, the vehicle was returned to me on the 31st of march 2017, and was left parked outside my house until the 2nd of April, I was about to test drive the car when I noticed oil all over the rear of the exhaust and leakage from the haldex unit, the rear diff is centre of the 2 items mentioned, to be sure the vehicle was safe I booked the car into xxx 4x4 for an inspection to find out the cause of the oil leakage, I want to point out here that whilst driving to xxx 4x4! for an inspection the rear of the vehicle started to shudder violently so I had to reduced my speed the best I could to stop the shuddering, the invoice from xxx 4x4 is what I paid for an inspection that the work had been carried out, the invoice shows the vehicle was returned to me unrepaired and with more damage than when it was handed back to the dealer, as of today the vehicle still shudders violently between 40-70 mph, also I want to point out, why was vehicle taken to Chippenham to be repaired and then returned, the vehicle has increased by 250 miles on the odometer? (photos can be provided), had I been told the vehicle would have been driven this distance I would not have agreed to it. I was told the vehicle would be put on a recovery truck, taken for repair, and then returned on a recovery truck, I have been told by xxx 4x4 that the reason for the oil covering the rear exhaust was due to leakage from the halldex/reardiff. which in turn was probably due to motorway driving.

I requested 5 times over a period of 2 weeks for a copy of the invoice to check who did the repair work, what work was carried out, full contact details of the repairer, who the invoice was billed to and an invoice number for warranty, attached is what I received today, I have googled this information and spoke to BT 192 for a contact number, all of which do not exist, what they have sent me is not an invoice and is not worth the paper it is written on, This is not an invoice.
again I stress the work has not been carried out, and it has cost me another £48
(xxx 4x4) to repair the damage caused by the dealer to the vehicle after it was returned.
Thank you

naedanger

mc303 wrote: »

This is the response from the case worker:
I wanted to take the time to acknowledge what you said in your email, and try and manage your expectations about what might be looked at by the ombudsman.!
Firstly, you’re correct in that MBNA can be held jointly liable for faults with your vehicle under S75 of the Consumer Credit Act 1974.!
As I explained over the phone and in my email (15 March 2017) the Consumer Rights Act 2015 doesn’t apply to your complaint against MBNA. It would apply to any complaint you might make to the dealership, but not MBNA.!
So what I’ve previously considered have been the remedies under S75 Consumer Credit Act. As explained previously, a refund is just one thing that might be done if a complaint under S75 is upheld. Other things that might be considered include are replacements or repair.!
The invoice which you’ve sent into us (dated 4 April 2017) is from xxx xxx 4x4. Could you tell me why the car was taken here? The reason I ask is because I spoke with xxx from xxx xxx xxx (dealership/seller) to arrange the repair of the rear differential unit, so I’m just wondering why the vehicle was taken to another garage?!
an ombudsman will review your complaint!
Because you believe MBNA are still at fault and jointly liable, an ombudsman will review your complaint and make a final decision.! If the ombudsman’s conclusions are different to mine, they will explain why and let you reply before they give you their decision. !
We should already have all the information the ombudsman needs to reach a decision. But if we need anything more from you, we will let you know.

My response:
Hi, you wrote
"The invoice which you’ve sent into us (dated 4 April 2017) is from xxx 4x4. Could you tell me why the car was taken here? The reason I ask is because I spoke with xxx from xxx xxx xxx (dealership/seller) to arrange the repair of the rear differential unit, so I’m just wondering why the vehicle was taken to another garage?"

OK you have misunderstood what I have said, the vehicle was returned to me on the 31st of march 2017, and was left parked outside my house until the 2nd of April, I was about to test drive the car when I noticed oil all over the rear of the exhaust and leakage from the haldex unit, the rear diff is centre of the 2 items mentioned, to be sure the vehicle was safe I booked the car into xxx 4x4 for an inspection to find out the cause of the oil leakage, I want to point out here that whilst driving to xxx 4x4! for an inspection the rear of the vehicle started to shudder violently so I had to reduced my speed the best I could to stop the shuddering, the invoice from xxx 4x4 is what I paid for an inspection that the work had been carried out, the invoice shows the vehicle was returned to me unrepaired and with more damage than when it was handed back to the dealer, as of today the vehicle still shudders violently between 40-70 mph, also I want to point out, why was vehicle taken to Chippenham to be repaired and then returned, the vehicle has increased by 250 miles on the odometer? (photos can be provided), had I been told the vehicle would have been driven this distance I would not have agreed to it. I was told the vehicle would be put on a recovery truck, taken for repair, and then returned on a recovery truck, I have been told by xxx 4x4 that the reason for the oil covering the rear exhaust was due to leakage from the halldex/reardiff. which in turn was probably due to motorway driving.

I requested 5 times over a period of 2 weeks for a copy of the invoice to check who did the repair work, what work was carried out, full contact details of the repairer, who the invoice was billed to and an invoice number for warranty, attached is what I received today, I have googled this information and spoke to BT 192 for a contact number, all of which do not exist, what they have sent me is not an invoice and is not worth the paper it is written on, This is not an invoice.
again I stress the work has not been carried out, and it has cost me another £48
(xxx 4x4) to repair the damage caused by the dealer to the vehicle after it was returned.
Thank you

The caseworker does not seem to understand Section 75 of the Consumer Credit Act.

However hopefully that won't matter as it seems your case is now going to be reviewed by an Ombudsman.

Cloth_of_Gold

What a nightmare this is and I really feel for you. It's so frustrating when you have to explain something multiple times but the other person just can't or won't understand. Hopefully the Ombudsman will make a quick decision in your favour.

mc303

Thank you COG

Cloth_of_Gold

mc303 wrote: »

Thank you COG

What happened mc303? Did the Ombudsman review your case?

mc303

Oddly enough the case worker phoned me yesterday, and asked me a few questions which i answered, i then asked how come it's still with the case worker and the reply was, the onmbudsan needed a little more info from both parties, i said i thought this case had been raised to the ombudsman, the reply was you still have this option but i was asked for more info...
so at present it is still ongoing hope this helps