Short Term Right To Recect - MotoNovo Finance

DoaM

I've re-read the thread and you've effectively already done so, albeit not specifically mentioned to them that it is a S75 claim.

Call them and remind them that YOU are their customer, not the dealer, and per their T&Cs you're entitled to receive a copy of the report regardless of whether or not the dealer comments on it.

DLGOURLAY

The handler was off today but his colleague sent me the report as he said there was no reason that my handler would have/should have withheld it from me. After the initial findings supported my own independent reports here is the Q&A from the report between handler and the ACE engineer.

QUESTIONS OFTEN ASKED.
Q1
Please confirm faults reported are present.
A1
The faults confirmed rear shock absorber leaks, front shock absorber leak, offside front wheel bearing requiring replacement, offside front window trim and door require attention due to misalignment.
Q2
Taking the mileage and age of the goods into consideration, whether you feel there is evidence to suggest that these faults were present or developing at the point of sale / finance inception.
A2
Taking the mileage and age of the vehicle into consideration we feel it is sufficient to suggest that vehicles faults would have been evident at the point of sale.
Q3
If faults are present, what do you feel they are and what will be required in order to resolve them.
A3
Faults are present and would require replacement items, replacement rear shock absorbers, replacement front shock absorbers, offside front wheel bearing replacement and also attention to the offside front window trim area.
Q4
If the vehicle is fault free, your confirmation on whether the goods are in a condition that is commensurate to its age and mileage.
A4
The vehicle is not fault free.
Q5
Please give an opinion as to whether the selling agent is responsible for the cost of repair or if this is deterioration that should be expected on a used vehicle and as such a running cost the responsibility of the hirer. We accept the courts could have the final say in such an issue.
A5
In our opinion the selling agent is liable for the cost of rectification.
PARTS NEEDING REPLACEMENT
P1
Unconfirmed.
SERVICE HISTORY.
SH1
Not presented at the time of our inspection.
CONCLUSION
C1
We would conclude the vehicle is suffering from suspension damper leakages to both front and rear of the vehicle, offside front wheel bearing requires replacement and the offside front window lower trim and front door alignment requires attention. Due the mileage covered since the point of purchase and time elapsed of only 2,000 miles the vehicle should be returned to the selling agent for consideration.

What do you suggest I do now? The girl I spoke to at MotoNovo said it will be a matter of urgency now for them to reach a conclusion. Especially with the dealer not responding to their emails.

Thanks

pmduk

I think your worries about ACE were unnecessary

DLGOURLAY

So, I just had a heated conversation with the muppet at MotoNovo who is handling my case and he says that discussions are ongoing between himself and the dealer to find a solution. I asked what there was to discuss as there is now written proof that the faults were present at the time of sale and he said there were multiple options. I said under the consumer credit act this was enough for me to reject the vehicle and he said that because I have had the car for more than 30 days I need to allow the dealer to attempt a repair. I reminded him that I already have let him attempt a repair a week after purchase and he asked if I had evidence!! I said yes, I gave you the txt message conversation between myself and the dealer reporting the problem and him telling me when and where to drop it off and then pick it up, all txts timed and dated. He said that they have a further 20 days to resolve the issue as per there t’s and c’s.

Does anybody have any advice?

If the contract is in breach can I not just walk away now?

Do I need to wait on their verdict?? Surely I don’t need to be involved now.

HELP!!

Thanks

DLGOURLAY

I forgot to say - I raised the vehicle quality complaint and notified them of my intent to reject the vehicle at 20 days ownership and the handler said that the 30 days freezes upon the case being reported

neilmcl

DLGOURLAY wrote: »

I forgot to say - I raised the vehicle quality complaint and notified them of my intent to reject the vehicle at 20 days ownership and the handler said that the 30 days freezes upon the case being reported

They finance guy is partly correct but I'm not sure if he fully understands what he's saying. Yes, it is true that if you raise the issue within 30 days then the period is paused until a suitable remedy has been agreed, this is to prevent companies from running the clock down and then saying you can no longer reject. Yes things are taking an age but what's the issue, it's not as if you haven't got a car you can continue to drive and think how long the alternative would be, ie, taking them to court.

CKhalvashi

neilmcl wrote: »

They finance guy is partly correct but I'm not sure if he fully understands what he's saying. Yes, it is true that if you raise the issue within 30 days then the period is paused until a suitable remedy has been agreed, this is to prevent companies from running the clock down and then saying you can no longer reject. Yes things are taking an age but what's the issue, it's not as if you haven't got a car you can continue to drive and think how long the alternative would be, ie, taking them to court.

Motonovo are hopefully dealing with the dealer.

The best advice that can be given is to call them as often as possible (no more than once a day) to check on progress.

Once the 30 days are up, it’s formal complaint time, and after another 8 weeks it can be passed to the FOS. It’s cheaper for them to deal with it before this stage, so hopefully that will be the situation.

DLGOURLAY

Thanks guys.

It’s now been 34 days since I rejected the vehicle. MotoNovo state on their website that regulation allows 56 days for them to resolve the issue. I guess I have to allow them this time.

I have requested that my case be reassigned to another handler as I find ‘Simon’ to be incompetent, rude, argumentative and favourable towards the seller in this case.

I’ve drawn their attention to section 11 of the consumer protection act 1986 and re-iterated that under no circumstances will I accept any further attempts at repair on this vehicle as my intent is to reject it and that the contract is in breach.

DoaM

Isn't it spooky that 56 days equals 8 weeks?

Once that period has elapsed (without a suitable result) then you can demand a "deadlock" letter, whereupon you raise a claim with the FOS.

DLGOURLAY

Haha oh yeh! Doh!

Thank you very much, I appreciate the advice greatly.