Yes it's The Car

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  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    I totally agree with you regarding MBNA etc, yes i will let the car go into repair and see what the outcome is, thank you so much for helping and advising me with this issue, i am truly grateful :)
    I will let you know next week what the outcome is
    Thank you so much
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    so after 1 week with the dealership the vehicle was returned to me, they had clocked up 240 miles on the speedometer?, they did not produce any receipts to prove the worked had been carried out, I questioned this on the day 31/4/17 and they said I would have a copy of the invoices tomorrow ( 1st April 2017, "very apt") I contacted them again on the 3rd/4/17 for the invoices and again was brushed of with some feeble excuse, during this time I had noticed there was lots of oil leakage over the exhaust at the rear of the car, I told the dealer about this on the same day of the telephone call, he again assured me that all the work had been done and they had fitted a new haldex, rear diff etc, I have a recording of this conversation, until this time I had not driven the car, however to be sure it was safe I booked it into a 4 x 4 specialist on the 4/4/17 the inspection revealed that the oil leakage was due to haldex vent pipe disconnected and blocked, this had to be unblocked, cut and repair and reconnect, the cost was £50
    today 6/4/17 I phoned the dealer again and requested the invoices to prove the work had been done, again I was fobbed off with hospital this and excuses about that, I was then told "the worst thing that we ever done was sell you a car etc etc etc", I explained to him that the vehicle was returned with a broken haldex vent pipe etc which I have an invoice for the work carried out, their response was "you bought a second hand car mate what do you expect" during this time, because I had made 2 different CC deposits when I purchased the car, I contacted the the other CC company and they have sent me a letter requesting information regarding my claim under section 75, however both CC companies are under Bank Of America.
    should I go for the section 75 (another 7 months of stress) or should I take the dealer to court?
    any advise is truly appreciated
    Thank you
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    mc303 wrote: »
    ...should I go for the section 75 (another 7 months of stress) or should I take the dealer to court?

    I'll just address that question in isolation.

    Go down the S75 route with either of both the credit providers before considering court action.

    The reason being that a S75 claim costs you nothing and even if the claim doesn't go your way you can still complain to the Financial Ombudsman Service, which also costs you nothing, before considering court.

    The FOS will not consider a complaint once court action has been started.
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    Thank you, the first section 75 case against MBNA was closed by the FO, they said I should return the vehicle for repair, this would be a new case under section 75,
  • naedanger
    naedanger Posts: 3,102 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    mc303 wrote: »
    Thank you, the first section 75 case against MBNA was closed by the FO, they said I should return the vehicle for repair, this would be a new case under section 75,

    I agree with the suggestion to go via section 75 for the reason given.

    I suggest you speak to the FO and explain that the dealer did not properly repair the vehicle and so did not comply with the FO's proposed solution. As the matter has not been resolved in line with the FO's recommendation you want it reopened.
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    thank you, do I go back to the case worker or contact the FO direct?
  • naedanger
    naedanger Posts: 3,102 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    mc303 wrote: »
    thank you, do I go back to the case worker or contact the FO direct?

    I suggest you speak to the case worker first. If they don't agree to reopen the case then ask to speak to the FO. (If you need to speak to the FO then I suggest you ask to be permitted to set out your reasoning in writing before speaking to them. That way you can get your arguments straight.)
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    this is the response from the case worker

    The complaint I investigated and which has now been closed was against MBNA.
    !
    If you’re not happy with the work that has been carried out by the dealership, this is something you will need to discuss with the dealership. Because, as I’ve explained previously, we don’t have the jurisdiction (authority) to look at complaints about car dealerships – because they aren’t carrying out a financially regulated activity.
  • naedanger
    naedanger Posts: 3,102 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    mc303 wrote: »
    this is the response from the case worker

    The complaint I investigated and which has now been closed was against MBNA.
    !
    If you’re not happy with the work that has been carried out by the dealership, this is something you will need to discuss with the dealership. Because, as I’ve explained previously, we don’t have the jurisdiction (authority) to look at complaints about car dealerships – because they aren’t carrying out a financially regulated activity.

    Say you need to speak to a FO and if this is not possible can she send you a copy of the process for complaining about the FO process (not the decision).

    State that you are unhappy that your complaint has been closed without the promised outcome being implemented. You are firmly of the view that MBNA (despite what she is saying) are jointly liable for the faults.
  • mc303
    mc303 Posts: 166 Forumite
    First Anniversary First Post
    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).
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