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  • FIRST POST
    • lamcg
    • By lamcg 17th May 19, 5:09 PM
    • 6Posts
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    lamcg
    Help! money barn wont cancel my finance agreement
    • #1
    • 17th May 19, 5:09 PM
    Help! money barn wont cancel my finance agreement 17th May 19 at 5:09 PM
    i am hoping to get some advice from anyone that can help, im at my whits end with this situation. my complaint has recieved my final response from money barn and is now with the ombudsman but can take upto 2 months just for them to appoint an advisor to me to help..

    I purchased a vehicle (BMW 3 series 2.0TD M Sport business edition) from Evans Halshaw on 22nd December 2018. I traded my old car in as deposit of £1289.99. The cash price of the car was £5289.99 and total amount re-payable including APR £7478.34.

    On 29th March 2019 the clutch started sticking in the car, it done this for approximately 5 minutes then the car broke down. It had to be recovered to a local garage at the cost of £35 and has remained there since. Once the car was at the garage it was inspected by the mechanic who quoted a repair price of £4271.65. I contacted Evans halshaw who advised me I was covered under warranty and could get it fixed free of charge. They sent me over the warranty which stated I was only covered for £500 of the payment through extended warranty. I again contacted Evans Halshaw who said there was nothing they could do and I would need to contact my finance company. It took until 17th April to get that far into resolving the issue.

    I contacted money barn who advised me they would arrange for an independent mechanic from ACE (Automotive Consulting Engineers LTD) to inspect the car and see who was at fault, if it was Evans halshaw then they would fix the car at cost to them.

    The mechanic visited the garage CJ Autosport on 29/04/2019. Money barn states that a full and thorough inspection was carried out to conclude their extensive report. The mechanic at CJ autosport advised me different and he said the mechanic from ACE spent no more than a few minutes under the bonnet of the car and said there was nothing he could do about it. The car was not thoroughly inspected, it was not placed on a ramp. The extent of his visit was opening the bonnet, looking in at the engine and closing it again.

    Money barn sent me a final response on 13th May 2019 stating the car was damaged due to wear and tear and full responsibility for repair was mine.

    I have currently paid £2002 towards this car with a further £178 being taken on 28th each month. I only managed to drive it for 13 weeks before it broke down with damage amounting to almost the cars worth. I contacted money barn again who refused to take the car back and refused to cancel my agreement. The call handler advised me that full repair responsibility was on me and I also had to continue my monthly payments for the next 3 years.

    I am not well off, I purchased this car for security for my child and my job as my son attends school in a different town and my job requires me to drive to a suppliers twice a week an hours drive away. I am currently left with no car, I have to drive my disabled fathers car to get to work, supplies and my son to school. My father needs to be present in the car when I drive it and his mobility car terms only allow a small allowance for mileage per annum. The miles I am putting on the car are very stressful for myself and my father, the amount of time I need to have my father in the car is also stressful and damaging to his body as he isnít allowed to sit for too long. On the days I canít get the car I need to get buses and taxis at extra cost to me. The finance company advised me if I cancel my payments they will re posses the car and hold me liable for the remainder of my contract anyway. This will also affect my credit rating and my ability to finance a more reliable car in future.

    This situation has been very expensive, stressful and damaging to my mental health. It is predicted to carry on for the foreseeable and I am struggling to afford payments for a car fit for the scrap yard along with payments to my fathers insurance, petrol, bus and taxi expenses.

    has anyone else had a similar experience that can tell me what to do? all i want is my agreement cancelled and my money returned to purchase a more reliable car without this hassle and my credit rating being affected.
Page 1
    • elsien
    • By elsien 17th May 19, 5:20 PM
    • 19,253 Posts
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    elsien
    • #2
    • 17th May 19, 5:20 PM
    • #2
    • 17th May 19, 5:20 PM
    Are moneybarn just the finance company?

    If so isn't your issue is with Evans Halshaw, the people who actually sold you the car? The finance company just lend you the money, it's not their problem whether its working or not?
    What was the length if the warranty when you bought it if you've only had it a few months and they're talking about the extended warranty?
    Last edited by elsien; 17-05-2019 at 5:25 PM.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • lamcg
    • By lamcg 17th May 19, 5:23 PM
    • 6 Posts
    • 0 Thanks
    lamcg
    • #3
    • 17th May 19, 5:23 PM
    • #3
    • 17th May 19, 5:23 PM
    I thought this initially but apparently because my car is on hire purchase, the car is owned by the finance company and Evans Halshaw are refusing responsibility..
    • lamcg
    • By lamcg 17th May 19, 5:33 PM
    • 6 Posts
    • 0 Thanks
    lamcg
    • #4
    • 17th May 19, 5:33 PM
    • #4
    • 17th May 19, 5:33 PM
    the warranty was for 3 months and extended warranty for 10 or 20 thousand miles ill need to double check the warranty. I will call evans halshaw again tomorrow to try and get more info but as far as its gone for the past month or so, theyre refusing responsibility and said the complaint needs to be made through the finance company, which I done and they investigated and said they couldn't uphold the complaint because the mechanic has provided a report in favour of evans halshaw..
    • antrobus
    • By antrobus 17th May 19, 6:27 PM
    • 16,706 Posts
    • 23,644 Thanks
    antrobus
    • #5
    • 17th May 19, 6:27 PM
    • #5
    • 17th May 19, 6:27 PM
    ...
    . I am currently left with no car, I have to drive my disabled fathers car to get to work, supplies and my son to school. My father needs to be present in the car when I drive it and his mobility car terms only allow a small allowance for mileage per annum. The miles I am putting on the car are very stressful for myself and my father, the amount of time I need to have my father in the car is also stressful and damaging to his body as he isnít allowed to sit for too long. ....
    Originally posted by lamcg
    You are misinformed. Inter alia, Motability require that;

    The car is used by, or for the benefit of, the disabled person. This does not mean that the disabled person needs to be in the car for every journey. In practice, this means other named drivers in the household can use the car for shopping and other routine activities, as long as the disabled customer will benefit

    https://www.motability.co.uk/about-the-scheme/how-your-car-can-be-used/

    In using the car for your benefit, you are in breach of Motability's t&cs, irrespective of your father's presence in the car, so you might as well leave him at home, and spare him the stress involved.
    • lamcg
    • By lamcg 17th May 19, 6:45 PM
    • 6 Posts
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    lamcg
    • #6
    • 17th May 19, 6:45 PM
    • #6
    • 17th May 19, 6:45 PM
    Thankyou for that information. The mobility company informed us my father must be present so I’ll need to make a call to them too to ask if I was mis informed. It I was it solves a huge problem with my father but leaves me in a more difficult situation with the car if I’m breaching t&c
    • benbay001
    • By benbay001 17th May 19, 7:01 PM
    • 36 Posts
    • 37 Thanks
    benbay001
    • #7
    • 17th May 19, 7:01 PM
    • #7
    • 17th May 19, 7:01 PM
    Thankyou for that information. The mobility company informed us my father must be present so Iíll need to make a call to them too to ask if I was mis informed. It I was it solves a huge problem with my father but leaves me in a more difficult situation with the car if Iím breaching t&c
    Originally posted by lamcg
    Stop on the way home and buy your dad a pack of chewing gum. That way he is benefiting from your journey. Yes, im totally serious.
    • antrobus
    • By antrobus 17th May 19, 7:25 PM
    • 16,706 Posts
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    antrobus
    • #8
    • 17th May 19, 7:25 PM
    • #8
    • 17th May 19, 7:25 PM
    Stop on the way home and buy your dad a pack of chewing gum. That way he is benefiting from your journey. Yes, im totally serious.
    Originally posted by benbay001
    Why not?

    I've never heard of plod pulling over a car because it's pinged on ANPR as Motability. I'd guess that Motability would only find out if somebody grassed up the OP, or the car was involved in an accident and it was obvious.
    • Gaz83
    • By Gaz83 17th May 19, 7:27 PM
    • 3,772 Posts
    • 7,050 Thanks
    Gaz83
    • #9
    • 17th May 19, 7:27 PM
    • #9
    • 17th May 19, 7:27 PM
    Thankyou for that information. The mobility company informed us my father must be present so Iíll need to make a call to them too to ask if I was mis informed. It I was it solves a huge problem with my father but leaves me in a more difficult situation with the car if Iím breaching t&c
    Originally posted by lamcg
    We have a motability car for our daughter. She does not need to be present for every journey. It just wouldn't be possible. We couldn't pick her up from school if it was the case, as she wouldn't be in the car while we drove from our home to her school!
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
    • lamcg
    • By lamcg 17th May 19, 7:42 PM
    • 6 Posts
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    lamcg
    Thanks for the advice everyone. Changes a lot for the short term issue with my father so that’s something. Chewing gum though lol?
    • Ben8282
    • By Ben8282 17th May 19, 7:45 PM
    • 3,123 Posts
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    Ben8282
    What exactly is wrong with the car? The only thing you mention is the clutch and a new clutch doesn't cost £4271.65.
    • lamcg
    • By lamcg 17th May 19, 8:15 PM
    • 6 Posts
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    lamcg
    Ahh I missed out that the timing chain snapped..
    • diggingdude
    • By diggingdude 17th May 19, 10:22 PM
    • 885 Posts
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    diggingdude
    Part of the problem fixing at one time expensive cars is that they cost alot to fix. I'm guessing it was an older one at that price. I would try a sale of goods act complaint that it was not fit for purpose against evans halshaw
    House owner as of 27.3.2019
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    • gycraig
    • By gycraig 18th May 19, 7:19 AM
    • 519 Posts
    • 443 Thanks
    gycraig
    Problem is things like this start happening to 9-10 year old cars if not maintained.
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 18th May 19, 9:13 AM
    • 5,477 Posts
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    poppasmurf_bewdley
    If the timing chain snapped, then the car had probably not been serviced correctly and on time.

    On 2 of my used car purchases, I checked the service record and found that the timing belt was due for change in the immediate future. Both were done by the supplying dealer free of charge, one being Evans Halshaw.

    If EH supplied a car where the chain/belt was beyond it's replacement time, then they should have replaced it as a matter of course.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
    • 1931modela
    • By 1931modela 18th May 19, 2:36 PM
    • 58 Posts
    • 20 Thanks
    1931modela
    Unfortunately Timing Chains do not have a service interval like `cam belts, therefore it is not a requirement to replace them at set intervals or mileage.
    However if this is a chain and not a belt as OP has used both terms, then BMW have had a problem with Timing chains breaking and therefore you may be able yo ask BMW for a goodwill gesture towards the cost, it would be best to get EH to raise this on your behalf
    • sourcrates
    • By sourcrates 18th May 19, 3:56 PM
    • 17,475 Posts
    • 16,466 Thanks
    sourcrates
    Most modern cars use belts, not chains, if they snap, the valves kiss the pistons, and its goodnight vienna basically.


    A timing belt would not be covered under warrenty as it is a service item, they normally require changing every 60.000/100.000 miles dependant on model, this is the reason you are advised to check a vehicles service record when buying a new car, if the milage indicates the belt needs changing, and its not been done, you should have had it changed.


    Clutch may be covered, but i suspect as the belt snapped the clutch is the least of your worries.
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  • archived user
    A timing belt would not be covered under warrenty as it is a service item, they normally require changing every 60.000/100.000 miles dependant on model, this is the reason you are advised to check a vehicles service record when buying a new car, if the milage indicates the belt needs changing, and its not been done, you should have had it changed.
    Originally posted by sourcrates
    And cars with timing chains have chain tensioners that use oil pressure to operate them so that service history showing regular oil changes is extremely important. If sludge starts building up in the oil galleries feeding oil pressure to the chain tensioner then it can end up with the chain loose and jumping teeth.
    • iolanthe07
    • By iolanthe07 19th May 19, 2:00 PM
    • 5,193 Posts
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    iolanthe07
    Some cars have non-interfering cam belts, so that if the belt breaks, the pistons don't hit the valves. The Mazda MX5 is one such that comes to mind, but there must be others.
    I used to think that good grammar is important, but now I know that good wine is importanter.
    • Clive Woody
    • By Clive Woody 19th May 19, 8:43 PM
    • 4,718 Posts
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    Clive Woody
    Did EH sell the car as having a full service history and if so was the belt/chain changed at the correct interval?

    If they did say full service history and this was inaccurate then you might be able to chase them to sort this out.

    Do you still have a copy of the original advert?
    "We act as though comfort and luxury are the chief requirements of life, when all that we need to make us happy is something to be enthusiastic aboutĒ Ė Albert Einstein
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