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Car broken down from issues before I got the car

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Comments

  • curtos
    curtos Posts: 9 Forumite
    Second Anniversary First Post
    curtos said:
    The finance company have emailed me today saying they have made a final desicion, even though last week they asked me to get a engineers report as evidence. they are saying 12,500 miles is enough miles for normal wear and tear. I dont know how they can say 12,500 miles is normal wear and tear for a engine that should be doing a minimum of 100,000 miles, probably more likely 200,000 miles before it breaks!!!
    That's the miles you have done. Not what the car has done.
    Clearly they think no breech of contract.
    You can complain, & if not resolved in either 8 weeks, or you get a deadlock letter. Then you can go to FOS.

    You really do need a independent report if complaining to finance co to back up your claim.
    They are making no sense, the letter they sent says that its their final desicion, the car has done a total of around 37500 miles, which is still no where near what should be considered fair wear and tear for an engine, they even say in the letter that under the consumer rights act 2015 the car should be free of defects for the first 6 months, how can they sit there and say that the car breaking down and basically needing a new engine is not a defect!
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,730 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The finance company isn't simply going to roll over and pay out on your say-so, because it'll be out of their pocket.

    I think you have two choices.  One, take the final decision letter from the finance company and go to their ombudsman, or two, get a proper report on the fault, showing the fault was present or inevitable at the point of sale, and go back to the seller for a resolution.  From an earlier post, you seemed to have a pretty good diagnosis from the Honda dealer.  Won't that do?
  • The finance company isn't simply going to roll over and pay out on your say-so, because it'll be out of their pocket.

    I think you have two choices.  One, take the final decision letter from the finance company and go to their ombudsman, or two, get a proper report on the fault, showing the fault was present or inevitable at the point of sale, and go back to the seller for a resolution.  From an earlier post, you seemed to have a pretty good diagnosis from the Honda dealer.  Won't that do?
    The diagnosis from honda is all on email with images and it goes hand in had with exactly what the recovery guy thought was wrong when I broke down but apparantly that isnt good enough evidence... 

    I guess I will wait for the report from honda, just seems like they know they are in the wrong and trying to do something dodgy buy asking for this report then all of a sudden they have now made there desicion without it 1 working day after asking for it.
  • born_again
    born_again Posts: 20,664 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    curtos said:
    curtos said:
    The finance company have emailed me today saying they have made a final desicion, even though last week they asked me to get a engineers report as evidence. they are saying 12,500 miles is enough miles for normal wear and tear. I dont know how they can say 12,500 miles is normal wear and tear for a engine that should be doing a minimum of 100,000 miles, probably more likely 200,000 miles before it breaks!!!
    That's the miles you have done. Not what the car has done.
    Clearly they think no breech of contract.
    You can complain, & if not resolved in either 8 weeks, or you get a deadlock letter. Then you can go to FOS.

    You really do need a independent report if complaining to finance co to back up your claim.
    They are making no sense, the letter they sent says that its their final desicion, the car has done a total of around 37500 miles, which is still no where near what should be considered fair wear and tear for an engine, they even say in the letter that under the consumer rights act 2015 the car should be free of defects for the first 6 months, how can they sit there and say that the car breaking down and basically needing a new engine is not a defect!

    Has the car been fully serviced as per manufacture schedule before you purchased the car? Which if not can easily lead to a engine not lasing.
    Same as wrong oil? Is that from your last service? 
    Who did this service, what does the invoice say about parts used?

    While you have had a final decision from the finance co, you need to raise a complaint on this decision. Was a recent thread where someone thought that simply starting a S75 claim, as they had complained to retailer was a complaint. FOS said not.

    https://forums.moneysavingexpert.com/discussion/6562835/ombudsman-distinction-between-claim-and-complaint-section-75#latest
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