14 January 2004

 

 

GE Capital Woodchester

Collections

Bruntcliffe Way

Leeds

LS27 0JG

 

Dear Mr Mawson

 

In regards to your letter dated 9th January 2004, and telephone call made to myself on 18:45 on 14 January 2004. Agreement number XXXXXXXX

 

Thank you for your quote from Trading Standards.  Please allow me to quote you some other items from trading standards:

 

Under the provisions of Section 75 of the Consumer Credit Act 1974. If you buy goods or services costing in excess of £100 using a credit card, should the goods or service prove to be defective, you will have an equal claim for compensation against both the seller of the goods or service and the finance company.”

 

“Your expectations will have to be different when you are buying a low mileage two-year-old car than when you are buying a high mileage, ten-year-old vehicle. However, the car must certainly be:

Under Fiat guidelines, heater plugs should last around 90,000 miles, and the turbo should also last a good 80,000 miles.  Both have failed as well as other items, and therefore the car was not in a condition which reflects its age and price.  I therefore have every reason and cause to take the action that I am entitled to.

May I also remind you that under the Consumer Credit Act 1974, and as stated on your contract the following applies:

“If you have obtained unsatisfactory goods or services under transaction financed by this agreement you may have the right to sue the supplier, us or both.”

NAC are refusing to cover the Turbo Unit which is specifically stated as a covered part in their warranty, and therefore have broken their contract with myself, which in turn is an unsatisfactory service bound by this credit agreement.  Carcraft have sold me a vehicle which was not reliable, and not in a condition which reflects its age and price.

As stated in my previous email, if a suitable resolution can be found, I am very happy to re-instate the direct debit and pay any arrears accumulated on the account.

 

This is not action that I have taken lightly.  I am a law abiding citizen whom takes his responsibilities seriously.  However, the fact remains that I was sold a car which did not fit its description, and promises of cover in case of failure have been un-fulfilled.  I have now been without a vehicle for nearly three weeks, in which I had become reliant on.  The inconvenience and loss to me as a result of this has been unacceptable.

 

I have enclosed photocopies of the following:

 

Fault list raised by Fiat

Estimates in prices

Excerpt of the NAC Warranty agreement stating the turbo is covered.

 

Please do not hesitate to contact me further.  I hope a swift and reasonable resolution can be found.  I am willing to discuss this matter.  I can be contacted on XXXXXXX during business hours and XXXXXXXXX after 6:30pm.  I can also be emailed on XXXXXXX

 

 

Yours Sincerely

 

 

 

 

 

 

Enc.